Governing Board Meeting...2016/10/25 · Governing Board Meeting Agenda and Meeting Information October 25, 2016 11:00 AM Brooksville Office 2379 Broad Street • Brooksville, Florida

Governing Board Meeting

Agenda and

Meeting Information

October 25, 2016

11:00 AM

Brooksville Office 2379 Broad Street • Brooksville, Florida

(352) 796-7211

\

2379 Broad Street, Brooksville, Florida 34604-6899

(352) 796-7211 or 1-800-423-1476 (FL only)

WaterMatters.org

An Equal Opportunity Employer

The Southwest Florida Water Management District (District) does not discriminate on the basis of disability. This nondiscrimination policy involves every aspect of the District's functions, including access to and participation in the District's programs and activities. Anyone requiring reasonable accommodation as provided for in the Americans with Disabilities Act should contact the District's Human Resources Bureau Chief at 2379 Broad Street, Brooksville, FL 34604-6899; telephone (352) 796-7211 or 1-800-423-1476 (FL only), ext. 4703; or email [email protected]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

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Final Agenda

GOVERNING BOARD MEETING

OCTOBER 25, 201611:00 AM

Brooksville Office2379 BROAD STREET, BROOKSVILLE, FL 34604

(352) 796-7211

All meetings are open to the public.

Viewing of the Board meeting will be available at each of the District officesand through the District’s web site (www.watermatters.org) -- follow directionsto use internet streaming.Public input will be taken only at the meeting location.Public input for issues not listed on the published agenda will be heard shortlyafter the meeting begins.

Pursuant to Section 373.079(7), Florida Statutes, all or part of this meeting may be conducted by means of communications media technology in order to permit

maximum participation of Governing Board members.

The Governing Board may take official action at this meeting on any item appearing on this agenda and on any item that is added to this agenda as a result of a

change to the agenda approved by the presiding officer of the meeting pursuant to Section 120.525, Florida Statutes.

The order of items appearing on the agenda is subject to change during the meeting and is at the discretion of the presiding officer.

Public Comment will be taken after each presentation and before any Governing Board action(s) except for Governing Board hearings that involve the issuance of final orders based on recommended Orders received from

the Florida Division of Administrative Hearings.

Unless specifically stated, scheduled items will not be heard at a time certain.

The current Governing Board agenda and minutes of previous meetingsare on the District's web site: www.WaterMatters.org

Bartow Office170 Century Boulevard Bartow, Florida 33830-7700(863) 534-1448 or 1-800-492-7862 (FL only)

Sarasota Office6750 Fruitville RoadSarasota, Florida 34240-9711(941) 377-3722 or 1-800-320-3503 (FL only)

Tampa Office7601 Hwy 301 N (Fort King Highway)Tampa, Florida 33637-6759(813) 985-7481 or 1-800-836-0797 (FL only)

SWFWMD Governing Board Agenda ~ 3~ October 25, 2016

SWFWMD Page 3 Updated 10/13/2016 8:32 AM

11:00 A.M. CONVENE PUBLIC HEARING AND MEETING (TAB A)

1. Call to Order2. Invocation and Pledge of Allegiance3. Employee Recognition4. Additions/Deletions to Agenda5. Public Input for Issues Not Listed on the Published Agenda

CONSENT AGENDA (TAB B)

Finance/Outreach & Planning Committee

6. Approve Strategic Plan 2015-20197. Annual Review of Board Policy 130-3, District Investment Policy8. Budget Transfer - Watermatters Website Consulting Services9. Budget Transfer Report

Resource Management Committee

10. Minimum Flows and Levels Priority List and Schedule Update11. Springs Initiative – FY2016-17 Florida Department of Environmental Protection Springs

Projects12. Authorize Submission of the Cypress Creek Watershed Management Program Update in

Hillsborough County to the Federal Emergency Management Agency (N404)13. Initiation and Approval of Rulemaking to Amend Rule 40D-8.624, Florida Administrative

Code, to Adopt Revised Minimum and Guidance Levels for Lake Merrywater in HillsboroughCounty (P256)

14. Initiation and Approval of Rulemaking to Amend Rule 40D-8.624, Florida AdministrativeCode, to Adopt Revised Minimum and Guidance Levels for Crooked Lake in Polk County(P256)

15. Initiation and Approval of Rulemaking to Amend Rule 40D-8.624, Florida AdministrativeCode, to Adopt Revised Minimum and Guidance Levels for Lake Lowery in Polk County(P256)

16. Initiation and Approval of Rulemaking to Amend Rule 40D-26.021, 40D-26.091 and 40D-26.101, Florida Administrative Code, to Replace the Facilitating Agricultural ResourceManagement Systems (FARMS) Program Model Farms Economic Update, June 2009 withan Updated Study

Regulation Committee

17. Individual Water Use Permits Referred to the Governing Boarda. WUP No. 20008219.002 - Damon W Sandlin / Damon & Sharon Sandlin (Levy County)

Operations, Lands and Resource Monitoring Committee

18. Approve Reduction of Cattle Lease Rates and First Amendment to Cattle Lease SWF ParcelNos. 20-502-113X, 20-503-255X and 10-200-1280X

19. Approve Sale of Surplus Lands – Lake Hancock (LH-1B), SWF Parcel No. 20-503-252SGeneral Counsel's Report

20. Administrative, Enforcement and Litigation Activities that Require Governing Board Approval-None21. Rulemaking a. Initiation and Approval of Rulemaking to Amend Rule 40D-2.091, F.A.C., to Revise Form

LEG-R.053.00, Flow Meter Post-Installation Information Reimbursement FormExecutive Director's Report

22. Approve Tentative FY2016-17 Budget Public Hearing Minutes - September 13, 201623. Approve Governing Board Meeting and Final FY2016-17 Budget Public Hearing Minutes -

September 27, 2016FINANCE/OUTREACH & PLANNING COMMITTEE (TAB C)

Discussion

24. Consent Item(s) Moved for Discussion25. Investment Strategy Quarterly Update26. Fiscal Year 2018 Business Plan Update



27. Development of Preliminary Fiscal Year 2018 Budget28. Fiscal Year 2017 Annual Audit Plan29. 2016 Employee Evaluation for the Inspector General

Submit & File Reports 30. Self-Funded Health Insurance Plan

Routine Reports31. Treasurer's Report and Payment Register32. Monthly Financial Statement33. Monthly Cash Balances by Fiscal Year34. Comprehensive Plan Amendment and Related Reviews Report

RESOURCE MANAGEMENT COMMITTEE (TAB D)Discussion

35. Consent Item(s) Moved for DiscussionSubmit & File Reports

36. Proposed Minimum Flow for the Crystal River / Kings Bay System Prior to IndependentScientific Peer Review Update

Routine Reports37. Minimum Flows and Levels Status Report38. Significant Water Resource and Development Projects

REGULATION COMMITTEE (TAB E)Discussion

39. Consent Item(s) Moved for Discussion40. Denials Referred to the Governing Board

Submit & File Reports 41. Dover/Plant City Water Use Caution Area Flow Meter and Automatic Meter Reading (AMR)

Equipment Implementation ProgramRoutine Reports

42. Overpumpage Report - October 201643. Individual Permits Issued by District Staff - October 2016

OPERATIONS, LANDS AND RESOURCE MONITORING COMMITTEE (TAB F)Discussion

44. Consent Item(s) Moved for Discussion45. Surplus Lands Update and Review of Annutteliga Strategy46. Hydrologic Conditions Report

Submit & File Reports - NoneRoutine Reports

47. Stucture Operations48. Significant Activities

GENERAL COUNSEL'S REPORT (TAB G)Discussion

49. Consent Item(s) Moved for DiscussionSubmit & File Reports - NoneRoutine Reports

50. October 2016-Rulemaking Update51. October 2016-Litigation Report

COMMITTEE/LIAISON REPORTS (TAB H)52. Well Drillers Advisory Committee53. Environmental Advisory Committee54. Other Committee/Liaison Report

EXECUTIVE DIRECTOR'S REPORT (TAB I)



55. Executive Director's Report CHAIR'S REPORT (TAB J)

56. Chair's Report 57. Other 58. Employee Milestones

RECESS PUBLIC HEARING ANNOUNCEMENTS http://www.swfwmd.state.fl.us/calendar

Governing Board Meetings Schedule:

Meeting - Tampa ............................................................................. November 15, 2016 Meeting - Tampa ............................................................................ December 13, 2016 Meeting - Tampa .................................................................................... January 24, 2017 Meeting - Sarasota ....................................................................................... February 28, 2017

Governing Board Public Budget Hearings Schedule: Tentative Budget - Tampa ....................................................................... September 12, 2017

Final Budget - Tampa .............................................................................. September 26, 2017

Advisory Committee Meeting Schedule: Industrial & Public Supply - Tampa .......................................................... November 8, 2016 Agricultural/Green Industry - Tampa ..................................................... December 1, 2016 Environmenta l- Tampa ........................................................................... January 10, 2017

Well Drillers - Tampa .................................................................................... January 11, 2017 ADJOURNMENT

The Governing Board may take action on any matter on the printed agenda including such items listed as reports, discussions, or program presentations. The Governing Board may make changes to the printed agenda only for good cause as determined by the Chair, and stated in the record. If a party decides to appeal any decision made by the Board with respect to any matter considered at a hearing or these meetings, that party will need a record of the proceedings, and for such purpose that party may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you wish to address the Board concerning any item listed on the agenda or an issue that does not appear on the agenda, please fill out a speaker's card at the reception desk in the lobby and give it to the recording secretary. Your card will be provided to the Chair who will call on you at the appropriate time during the meeting. When addressing the Board, please step to the podium, adjust the microphone for your comfort, and state your name for the record. Comments will be limited to three minutes per speaker. In appropriate circumstances, the Chair may grant exceptions to the three-minute limit. The Board will accept and consider written comments from any person if those comments are submitted to the District at Southwest Florida Water Management District, 2379 Broad Street, Brooksville, Florida 34604-6899. The comments should identify the number of the item on the agenda and the date of the meeting. Any written comments received after the Board meeting will be retained in the file as a public record.

GOVERNING BOARD OFFICERS,COMMITTEES AND LIAISONS

Effective October 2016

OFFICERSChair Randall S. Maggard

Vice Chair Jeffrey M. AdamsSecretary Bryan K. BeswickTreasurer Ed Armstrong

OPERATIONS, LANDS ANDRESOURCE MONITORING

COMMITTEE

RESOURCE MANAGEMENTCOMMITTEE

Bryan K. Beswick, Chair Michael A. Babb, ChairGeorge W. Mann, Vice Chair H. Paul Senft, Vice Chair

Kelly S. Rice John HenslickMark Taylor George Mann

REGULATIONCOMMITTEE

FINANCE/OUTREACH ANDPLANNING COMMITTEE

H. Paul Senft, Chair Ed Armstrong, ChairMichael A. Moran, Vice Chair Jeffrey M. Adams, Vice Chair

John Henslick Michael A. BabbMichelle Williamson Michael A. Moran

* Board policy requires the Governing BoardTreasurer to chair the Finance Committee.

STANDING COMMITTEE LIAISONSAgricultural Advisory Committee Kelly S. Rice

Environmental Advisory Committee Michelle WilliamsonGreen Industry Advisory Committee Kelly S. Rice

Industrial Advisory Committee Mark TaylorPublic Supply Advisory Committee H. Paul Senft

Well Drillers Advisory Committee George W. Mann

OTHER LIAISONSCentral Florida Water Initiative H. Paul Senft/Randall S. Maggard (alt)

Springs Coast Steering Committee Kelly S. RiceCharlotte Harbor National Estuary Program Policy Board John Henslick

Sarasota Bay Estuary Program Policy Board Michael A. MoranTampa Bay Estuary Program Policy Board Jeffrey M. Adams

Tampa Bay Regional Planning Council Ed Armstrong

ExecutiveSum

mary

Executive Summary GOVERNING BOARD MEETING

OCTOBER 25, 2016

11:00 a.m.

If viewing this document electronically, links are now available from the Executive Summary to the item’s information page. To return to the Executive Summary, click on the item number in the upper right-hand corner of the page.

CONVENE PUBLIC HEARING AND MEETING (TAB A) 1. Call to Order

2. Invocation and Pledge of Allegiance

3. Employee Recognition 4. Additions/Deletions to Agenda

5. Public Input for Issues Not Listed on the Published Agenda CONSENT AGENDA (TAB B) All matters listed under the Consent Agenda are considered routine and action will be taken by one motion, second of the motion and approval by the Board. If discussion is requested by a Board member, that item(s) will be deleted from the Consent Agenda and moved to the appropriate Committee or Report for consideration. Finance/Outreach & Planning Committee 6. Approve Strategic Plan 2015-2019

The District’s Strategic Plan is updated annually and included as part of the District’s Consolidated Annual Report which is submitted to the Governor, Department of Environmental Protection, President of the Senate, and Speaker of the House of Representatives, along with chairs of appropriate legislative committees and local county governing bodies. The Strategic Plan identifies the District’s mission, vision, values, goals, strategic initiatives for each of the District’s four areas of responsibility, regional priorities, and core business practices. This year’s recommended Plan contains relatively minimal changes from the existing plan, including updates to metrics and language refinements to improve clarity. Perhaps the most notable proposed revision is a streamlining of the District’s Mission Statement. The current statement reads: “Mission Statement: The mission of the District is to manage water and related natural resources to ensure their continued availability while maximizing the benefits to the public. Central to the mission is maintaining the balance between the water needs of current and future users while protecting and maintaining water and related natural resources which provide the District with its existing and future water supply.” The proposed revision reads: “Mission Statement: To protect water resources, minimize flood risks, and ensure the public’s water needs are met.”

Staff recommends the Board approve the Strategic Plan 2015-2019.

SWFWMD BOARD MEETING EXECUTIVE SUMMARY ~ 2 ~ OCTOBER 25, 2016

7. Annual Review of Board Policy 130-3, District Investment Policy The Policy requires a review of the District’s Investment Policy within sixty (60) days following the end of each fiscal year and approval of any modifications made thereto. Fiscal year 2015-16 ended September 30, 2016 and a review is required. The policy has been reviewed by management and its investment advisory firm and there are no recommended modifications. Staff recommends the Board approve and accept the recommendation for no modifications to Board Policy 30-3, District Investment Policy.

8. Budget Transfer – Watermatters Website Consulting Services

Complex websites such as Watermatters.org are built using specialized web content management system software. Web content management systems support the creation, modification and publishing of documents, pictures, audio, video and other content via web pages. The Watermatters.org internet site currently uses a custom-built web content management system that is inefficient to maintain and is not compatible with the District’s technology infrastructure. The requested funds will be used to procure software and consulting services to assist the Public Affairs Bureau (PAB) web master and web developer in redesigning Watermatters.org on a modern web content management system that can easily be maintained in the future. The benefits of this request are: (1) Upon completion of the project PAB staff will be able to maintain and enhance Watermatters.org to meet foreseeable web content publishing requirements with minimal assistance from Information Technology Bureau staff. (2) Watermatters.org will be designed using a web content management system that is compatible with the District’s technology architecture and security requirements. Based on a similar effort by the South Florida Water Management District the estimated cost of this project is $150,000. Unspent funds for consulting services to support B817 Minimum Flows and Level (MFL) Re-Evaluations - Springs Systems, in the amount of $150,000, are available for transfer to support this effort. The funds are available because staff prioritized the establishment of the Rainbow River and Crystal River/Kings Bay MFLs. Work on B817 Minimum Flows and Level (MFL) Re-Evaluations - Springs Systems will be rescheduled and budgeted in future years. Staff recommends the Governing Board transfer $150,000 previously approved in the FY2017 budget for B817 MFL Re-Evaluations - Springs Systems, and authorize the procurement of consulting services and associated software to redesign the WaterMatters.org website on a modern web content management framework compatible with the District’s technology architecture.

9. Budget Transfer Report

In accordance with Board Policy No. 130-8, Budget Authority Transfer of Funds, all transfers approved by the Executive Director and Finance Bureau Chief under delegated authority are regularly presented to the Finance/Outreach & Planning Committee for approval on the Consent Agenda at the next scheduled meeting. The exhibit for this item reflects all such transfers executed since the date of the last report for the Committee's approval. Staff recommends the Board approve of the Budget Transfer Report covering all budget transfers for September 2016.


Resource Management Committee 10. Minimum Flows and Levels Priority List and Schedule Update

Pursuant to Sections 373.036(7) and 373.042(3), Florida Statutes, the District is required to annually update its priority list and schedule for the establishment of minimum flows and levels (MFLs), which also identifies water bodies scheduled for development of reservations, submit the updated list and schedule to the DEP for approval, and include the approved list and schedule in the District's Consolidated Annual Report. Staff presented a draft "Southwest Florida Water Management District Proposed 2017 Minimum Flows and Levels Priority List and Schedule and Reservations List and Schedule" to the Governing Board as a Submit & File Report agenda item at the August 30, 2016 Board meeting. Numerous stakeholders have recommended inclusion of Warm Mineral Springs in Sarasota County on the draft priority list. At this time, staff recommends further review of existing information on the spring during the coming year to support consideration of its inclusion on the priority list and schedule in subsequent annual updates. Based on consideration of stakeholder input, staff does not recommend any changes to the priority list and schedule presented at the August 2016 Board meeting. However, the erroneous duplicate scheduling of the reevaluation of MFLs for Lake Alice in 2017 and 2018 has been corrected to indicate the reevaluation will occur in 2018. In addition, the planned establishment of minimum flows for the upper and lower segments of the Pithlachascotee River in 2016 has been rescheduled for 2017 to allow time for completion of and response to peer review that will occur later this year. The draft priority list and schedule for 2017 includes all significant river segments and first magnitude spring systems within the District. It is anticipated that MFLs or reservations for all listed water bodies will be adopted or as indicated, reevaluated by 2026. Staff recommends the Board approve the Minimum Flows and Levels Priority List and Schedule and Reservations List and Schedule for submission to DEP for review and approval as required by Chapter 373, F.S.

11. Springs Initiative – FY2016-17 Florida Department of Environmental Protection Springs Projects The District’s Strategic Plan 2014-2018 identifies improving northern coastal spring systems as a priority for the Northern Planning Region. In FY2016-2017, six projects were awarded state funds for implementation of water quality and water quantity improvements to advance the protection and restoration of springs systems. The estimated cost for these six projects is $13,050,155, with FDEP funding $10,143,380, the cooperators funding $2,817,150, and the District funding $89,625, as shown in table below.

Project District FDEP Cooperator Total CR 491 Phase 1 - Regional Stormwater Facility (N793)

$89,625 $179,250 $89,625 $358,500

City of Crystal River - Indian Waters Sewer Expansion (P127)

$900,000 $100,000 $1,000,000

Septic Tank Removal at Crystal River Preserve State Park (P133)

$850,000 $850,000

Reclaimed Water Interconnection to City of Crystal River/Duke Energy (P130)

$4,290,000 $2,283,625 $6,573,625

Hernando County - Oakley Island Sewer Infrastructure Installation (P129)

$491,160 $87,600 $578,760

Hernando County's Package Plant Connection Project (P123)

$3,432,970 $256,300 $3,689,270

Total $89,625 $10,143,380 $2,817,150 $13,050,155


The Florida Legislature, in 2016, included funding in the FDEP budget to advance the protection and restoration of springs systems. In July 2016, the FDEP awarded the District $10,143,380 of state funding for six springs projects. At their April 6, 2016 meeting, the District’s Northern Regional Subcommittee recommended four of these six projects be forwarded to the FDEP for funding consideration. Two additional projects were identified by staff following the April meeting. All six projects were forwarded to the FDEP for their review and were chosen for state funding.

Staff recommends the Board approve the six springs improvement projects with state funding through the Florida Department of Environmental Protection funding.

12. Authorize Submission of the Cypress Creek Watershed Management Program Update in

Hillsborough County to the Federal Emergency Management Agency (N404) The floodplain information for the Cypress Creek watershed in Hillsborough County was prepared by a County consultant (Engineering Firm of Record), reviewed by District and County staff, and then reviewed by the District’s independent peer review consultant (see table below). The watershed models and floodplain data were built using 2011 topography and land use information. For the public workshop held on July 26, 2016, the County posted public workshop signs and advertised in the newspaper. Forty-five citizens attended the public workshop. The alternative analysis and preliminary floodplain information were also made available through the County’s FTP website. The watershed models and preliminary floodplain data reasonably reflect the verification storm event and represent best floodplain information available for the watershed.

Watershed Engineering Firm of Record Peer Review Cypress Creek in Hillsborough County

Interflow Engineering, LLC Applied Sciences, Inc.

Staff recommends the Board Authorize submittal of the preliminary FIRMs for the Cypress Creek watershed in Hillsborough County to FEMA.

13. Initiation and Approval of Rulemaking to Amend Rule 40D-8.624, Florida Administrative Code,

to Adopt Revised Minimum and Guidance Levels for Lake Merrywater in Hillsborough County (P256) Lake Merrywater is included in the Northern Tampa Bay group of lakes selected for Minimum and Guidance level reevaluation. These reevaluations are being completed using up-to-date hydrologic, biologic, and survey data; recently-developed hydrologic models; and peer-reviewed methodologies to determine if any revisions are needed for currently adopted levels. Based on this reevaluation, the High Minimum Lake Level is proposed to increase from 55.8 to 57.4 feet and the Minimum Lake Level is proposed to increase from 54.8 to 56.0 feet above NGVD 29 (Table 8-2). An updated assessment of status was performed, and Lake Merrywater water levels were determined to currently be above the proposed High Minimum Lake Level and below the proposed Minimum Lake Level. Lake Merrywater is included in the Comprehensive Environmental Resources Recovery Plan for the Northern Tampa Bay Water Use Caution Area (40D-80.073, F.A.C). Therefore, the analyses outlined in this document for Lake Merrywater will be reassessed by the District and Tampa Bay Water as part of this plan, and as part of Tampa Bay Water’s Permit Recovery Assessment Plan (required by Chapter 40D-80, F.A.C. and the Consolidated Permit (No. 20011771.001)). Tampa Bay Water, in cooperation with the District, will assess the specific needs for recovery in Lake Merrywater and other water bodies affected by groundwater withdrawals from the Central System Facilities. By 2020, if not sooner, an alternative recovery project will be proposed if Lake Merrywater is found to not be meeting its adopted minimum levels.


Staff recommends the Board: A. Accept the report entitled, “Proposed Minimum and Guidance Levels for Lake Merrywater in

Hillsborough County, Florida.” B. Authorize staff to make any necessary minor clarifying edits that may result from the rulemaking

process and to complete report finalization. C. Initiate and approve rulemaking to amend Rule 40D-8.624, F.A.C., to replace the previously approved

Minimum and Guidance Levels with the proposed Minimum and Guidance Levels for Lake Merrywater in Hillsborough County as shown in the Exhibit. See Exhibit.

14. Initiation and Approval of Rulemaking to Amend Rule 40D-8.624, Florida Administrative Code, to

Adopt Revised Minimum and Guidance Levels for Crooked Lake in Polk County (P256) Crooked Lake is included in the Southern Water Use Caution Area group of lakes selected for Minimum and Guidance level reevaluation. These reevaluations are being completed using up-to-date hydrologic, biologic, and survey data; recently-developed hydrologic models; and peer-reviewed methodologies to determine if any revisions are needed for currently adopted levels. Based on this reevaluation, the High Minimum Lake Level is proposed to decrease from 120.8 to 120.7 feet and the Minimum Lake Level is proposed to decrease from 117.9 to 117.7 feet above NGVD 29 (Table 8-2). An updated assessment of status through 2015 was performed, and Crooked Lake water levels were determined to be above the proposed High Minimum Level and below the proposed Minimum Lake Level. Crooked Lake lies within the Southern Water Use Caution Area and already considered part of the recovery strategy that is outlined in Rule 40D-80.074, F.A.C. Therefore, the development of a new recovery strategy is not required. The District plans to continue regular monitoring of water levels in Crooked Lake and will also routinely evaluate the status of the lake’s water levels with respect to adopted minimum levels for the lake included in Chapter 40D-8, F.A.C. Staff recommends the Board: A. Accept the report entitled, “Proposed Minimum and Guidance Levels for Crooked Lake in Polk County,

Florida.” B. Authorize staff to make any necessary minor clarifying edits that may result from the rulemaking

process and to complete report finalization. C. Initiate and approve rulemaking to amend Rule 40D-8.624, F.A.C., to replace the previously approved

Minimum and Guidance Levels with the proposed Minimum and Guidance Levels for Crooked Lake in Polk County as shown in the Exhibit. See Exhibit.

15. Initiation and Approval of Rulemaking to Amend Rule 40D-8.624, Florida Administrative Code, to

Adopt Revised Minimum and Guidance Levels for Lake Lowery in Polk County (P256) Lake Lowery is included in the Southern Water Use Caution Area group of lakes selected for Minimum and Guidance level evaluation. These evaluations are being completed using up-to-date hydrologic, biologic, and survey data; recently-developed hydrologic models; and peer-reviewed methodologies. Based on this evaluation, the High Minimum Lake Level is proposed to be 129.7 feet and the Minimum Lake Level is proposed to be 127.9 feet above NGVD 29 (Table 8-2). An assessment of status was performed, and Lake Lowery water levels were determined to above the proposed Minimum and High Minimum Lake levels, so development of a recovery strategy is not required. In the event that adopted levels for the lake are not met, Lake Lowery lies within the Southern Water Use Caution Area and is already considered part of the recovery strategy that is outlined in Rule 40D-80.074, F.A.C. Therefore, the development of a new recovery strategy would not be required. The District plans to continue regular monitoring of water levels in Lake Lowery and will also routinely evaluate the status of the lake’s water levels with respect to adopted minimum levels for the lake included in Chapter 40D-8, F.A.C.


Staff recommends the Board: A. Accept the report entitled, “Proposed Minimum and Guidance Levels for Lake Lowery in Polk County,

Florida.” B. Authorize staff to make any necessary minor clarifying edits that may result from the rulemaking

process and to complete report finalization. C. Initiate and approve rulemaking to amend Rule 40D-8.624, F.A.C., to include the proposed Minimum

and Guidance Levels for Lake Lowery in Polk County as shown in the Exhibit. 16. Initiation and Approval of Rulemaking to Amend Rule 40D-26.021, 40D-26.091 and 40D-26.101, Florida

Administrative Code, to Replace the Facilitating Agricultural Resource Management Systems (FARMS) Program Model Farms Economic Update, June 2009 Publication with an Updated Study The FARMS Program is governed by Chapter 40D-26, F.A.C. To ensure each FARMS Program project provides an effective cost/benefit ratio, staff rely upon costs and benefits developed for several model farms that implement typical BMPs. The Model Farms Costs are documented in an economic study that is referenced in the FARMS Program rule. Actual proposed benefits and costs for each project are compared to the model farms benefits and costs included in the Model Farms Cost publication to ensure effective cost/benefit. This information is provided to the Governing Board as a part of each FARMS Project approval process. The District’s consultant, The Balmoral Group, recently completed an updated Model Farms Economic Study, dated March 2016, to replace the currently referenced 2009 study in the Rule. Results of this new study were provided to the combined Agricultural/Green Industry Advisory Committee and are now ready to be incorporated into the FARMS Program Rule.

A copy of the proposed amendment will be provided under separate cover. Upon Governing Board approval of the proposed amendment, staff will submit a notice to the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) and proceed with rulemaking without further Governing Board action. If substantive changes are necessary as the result of comments received from the public or from reviewing entities such as OFARR or the Joint Administrative Procedures Committee, this matter will be brought back to the Governing Board for consideration.

Staff recommends the Board:

1) Authorize staff to make any necessary minor clarifying edits that may result from the rulemaking process.

2) Initiate and approve rulemaking to amend Rules 40D-26.021, 40D-26.091 and 40D-26.101, F.A.C., to replace the Facilitating Agricultural Resource Management Systems (FARMS) Program Model Farms Economic Update, June 2009 publication with the Model Farms Economic Study - Final Report, March 2016., and to allow the District to fund a project where the cost/benefit is comparable to the Model Farms Costs.

Regulation Committee 17. Individual Water Use Permits Referred to the Governing Board

a. WUP No. 20008219.002 – Damon W Sandlin / Damon & Sharon Sandlin (Levy County) This is a renewal with modification of an existing water use permit for agricultural use. The authorized water use quantities increased from 463,100 gallons per day (gpd) to 813,100 gpd on an Annual Average basis, and from 1,735,500 gpd to 2,821,300 gpd on a Peak Month basis. These increased quantities are the direct result of increasing the acres of irrigated spring peanuts from 240 acres previously permitted to 360 acres, and adding a new 360-acre crop of fall grains. Water use quantities for 500 head of livestock remain unchanged at a rate of 6,000 gpd Annual Average and 7,500 gpd Peak Month. Water use quantities for irrigation are based on the District's irrigation allotment calculation program, AGMOD. Alternative Water Supply is not used as none is currently available. This project is not located in any Water Use Caution Area. Staff recommends the Board approve the proposed permit attached as an exhibit.


Operations, Lands and Resource Monitoring Committee 18. Approve Reduction of Cattle Lease Rates and First Amendment to Cattle Lease SWF Parcel Nos.

20-502-113X, 20-503-255X and 10-200-1280X The purpose of this item is to recommend the Governing Board approve the reduction of cattle lease rates and the first amendment to reduce the yearly lease rate for cattle leases identified as SWF Parcel Nos. 20- 502-113X, 20-503-255X and 10-200-1280X. Cattle Lease 20-502-113X will be reduced from $29.73 per acre to $22.00 per acre Cattle Lease 20-503-255X will be reduced from $24.00 per acre to $22.00 per acre Cattle Lease 10-200-1280X will be reduced from $30.25 per acre to $22.00 per acre At the September Governing Board meeting two District cattle lessees expressed concern over their current cattle lease rental rates. A third cattle lessee has previously contacted staff regarding the same issue. The Governing Board Chair directed staff to discuss the issue with the Office of General Counsel and return to the Board with a recommendation. Staff has verified that the market price for cattle was significantly higher when these leases originated than they are now, and thus supports this adjustment. As a result, the three cattle leases that were bid during the high value of cattle are being proposed for a reduction. In addition to the above, the leased area of 20-502-113X is being adjusted to facilitate the maintenance of the Panther Point (Lake Hancock) Trail recently constructed by Polk County on District lands. The leased area is being reduced from 1,232ac to 1,212ac. Staff recommends the Board approve reduction of cattle lease rates and first amendment to Cattle Lease SWF Parcel Nos. 20-502-113X, 20-503-255X and 10-200-1280X.

19. Approve Sale of Surplus Lands – Lake Hancock (LH-1B), SWF Parcel No. 20-503-252S

The District has received an offer to purchase surplus parcel LH-1B from Lew Hall, for $676,101.50. This reflects an offer price of $23,314 per gross/upland acre. The parcel consists of 29.0 gross acres, of which all are upland cleared and wooded. The property was appraised August 3, 2016 at $465,000. The District acquired this property under threat of condemnation in 2008 as part the Lake Hancock Lake Level Modification Project. The surplus parcel was part of a much larger and complicated purchase necessary to complete the overall Lake Hancock project. The purchase included 122 acres in fee, 27 acres in flooding easements, as well as 313 acres of mineral rights over other lands purchased as part of the project. The acquisition of this parcel was necessary to complete the overall acquisition. This parcel is irregularly shaped with 30-foot easement access from U.S. 98. The land is 100 percent useable, with a Future Land Use designation of Residential Low (RL-1X) which governs the zoning. The Governing Board approved selling the parcel without restrictions to future use. Recent costs for maintaining the tract have been $4,500 per year.

Staff recommends the Board approve:

• Accept the Offer • Approve the Contract for Sale and Purchase • Approve the transfer of all mineral interests to the Buyer • Authorize execution of the instruments necessary to convey the property


General Counsel’s Report 20. Administrative, Enforcement and Litigation Activities that Require Governing Board Approval - None 21. Rulemaking

a. Initiation and Approval of Rulemaking at Amend Rule 40D-2.091, F.A.C., to Revise Form LEG-R.053.00, Flow Meter Post-Installation Information Reimbursement Form The District’s Form LEG-R.053.00, Flow Meter Post-Installation Information Reimbursement Form (“Form”), incorporated by reference in 40D-2.091(2)(k), F.A.C., is to be used by a permittee in the Dover/Plant City Water Use Caution Area to request reimbursement of the stated eligible reimbursement amount or attached contractor invoice, whichever is less, for costs associated with the installation of a flow meter.

In order to process reimbursements, the District is required to collect Internal Revenue Service (“IRS”) Form W-9’s to ensure that a permittee has provided an accurate Social Security Number (“SSN”) or Employer Identification Number (“EIN”) (collectively, “taxpayer identification number”) for tax reporting purposes. Section 119.071(5)(a), Florida Statutes (“F.S.”), further provides that when the District collects a taxpayer identification number it must state in writing the purpose for which the number is collected and the applicable federal or state law governing the collection. Since the Form does not currently state the purpose for collecting the taxpayer identification number, District Staff recommend minor revisions to the Form to add the disclaimer required by Section 119.071(5)(a), F.S. Additionally, District staff wish to take this opportunity to update references to the WUP Applicant’s Handbook in the Form to reflect recent revisions and to update the District’s contact information.

Because the Form is incorporated by reference in Rule 40D-2.091(2)(k), F.A.C., minor revisions to that rule are also required.

Staff recommends the Board approve final rule language and authorize the initiation of rulemaking to amend Rule 40D-2.091, F.A.C., to revise Form LEG-R.053.00, Flow Meter Post-Installation Information Reimbursement Form, and authorize staff to make any necessary clarifying or technical changes that may result from the rulemaking process.

Executive Director’s Report 22. Approve Tentative FY2016-17 Budget Public Hearing Minutes – September 13, 2016

Staff recommends the Board approve minutes as presented.

23. Approve Governing Board Meeting and Final FY2016-17 Budget Public Hearing Minutes –

September 27, 2016 Staff recommends the Board approve minutes as presented.

Discussion 24. Consent Item(s) Moved for Discussion 25. Investment Strategy Quarterly Update

Board Policy 130-3 requires quarterly investment reports that shall include the following: 1. A listing of individual securities by class and type held at the end of the reporting period. 2. Percentage of available funds represented by each investment type. 3. Coupon, discount, or earning rate. 4. Average life or duration and final maturity of all investments.

FINANCE/OUTREACH & PLANNING COMMITTEE (TAB C)


5. Par value and market value. 6. In addition to the standard gross-of-fee-performance reporting that is presented, net-of-fee

performance will be provided by the Investment Manager. 7. A summary of District’s investment strategy. 8. The year-end quarterly report ended September 30th will show performance on both a book value

and total rate of return basis and will compare the results to the portfolio’s performance benchmarks. All investments shall be reported at fair value per GASB standards. Investment reports shall be available to the public.

Staff recommends the Board accept and place on file the District's Quarterly Investment Reports for the quarter ended September 30, 2016.

26. Fiscal Year 2018 Business Plan Update

The Business Plan serves as a guide for business operations at the District. The Plan also provides direction and information to management, employees and stakeholders with respect to scheduling priorities and setting performance measures. The Plan ensures continued efficiency gains, effective organizational improvements, and alignment with the District’s Strategic Plan.

The current update focuses on the FY 2018 Business Plan Executive Summary and includes updates to the resource requirements including personnel, equipment, and additional project needs, as well as a revised analysis of the District’s changing workforce with a focus on trends in employee turnover.

Implementation of the District’s Business Plan will enhance the ability to forecast financial, operational and staffing resources necessary to meet the Districts initiatives and goals as outlined in the Strategic Plan. The Business Plan is provided under separate cover.

This item is presented for the Committee’s information, and no action is required.

27. Development of Preliminary Fiscal Year 2018 Budget Pursuant to Section 373.535, Florida Statutes, the water management districts (WMDs) are required to submit a preliminary budget for the next fiscal year to the Florida Legislature for review by January 15. The statutory language specifies the information to be included in the preliminary budget submission. The President of the Senate and the Speaker of the House of Representatives may submit comments regarding the preliminary budgets to the WMDs on or before March 1 of each year. Each WMD must respond to those comments in writing on or before March 15 of each year.

The recurring portion of the preliminary budget includes District staff’s current estimates to support District operations. As we proceed through the budget development process, staff will continue to look for opportunities to gain efficiency. The non-recurring portion of the budget includes FY2018 cooperative funding requests which have not been evaluated by District staff. Staff will recommend including all cooperative funding project requests received from cooperators, and Executive-approved District initiative project requests for inclusion in the FY2018 preliminary budget.

The development of the District’s final budget will begin in February 2017. All budget requests will be subject to Governing Board review and approval during the development of the final budget for FY2018, including the tentative budget submission to the EOG and Legislature by August 1, 2017.

Staff recommends the Board accept the general budget assumptions as outlined in the October 25, 2016 budget presentation for development of the District’s preliminary FY2018 budget.


28. Fiscal Year 2017 Annual Audit Plan In accordance with District Governing Board (Board) Policies 140-1 and 140-3 and Sections 373.079(4) and 20.055, Florida Statutes, the inspector general is required to submit a proposed audit plan for review and approval by the Governing Board’s Finance, Planning and Outreach Committee. Through approval of the plan, the Board directs the inspector general’s functional activities and authorizes the inspector general to act. The plan also identifies the inspector general’s annual production goals in accordance with Board Policy 710-2. In addition, the Board has directed the inspector general to work in concert with the executive director to implement the strategic plan, improve business process effectiveness and efficiency, and ensure the District’s long-term vision. For this reason, greater emphasis was placed on developing meaningful performance metrics to focus and evaluate District efforts on the strategic priorities identified by the Board. Similarly, the Board has directed resources to ensure that District policies and procedures will sustain the cultural changes and tone established by the Board. Finally, the Board has historically allowed the inspector general to allocate 25 to 30 percent of planned hours to discretionary services in support of ad hoc requests by the Board and executive management. These requests usually help staff improve operational effectiveness and efficiency.

Staff recommends the Board approve the Fiscal Year 2017 Annual Audit Plan as presented in the exhibit.

29. 2016 Employee Evaluation for the Inspector General Board Policy No. 710-2 governs the performance evaluation process for the Inspector General. The policy provides that:

• Each Board member shall independently provide input on the inspector general’s performance in anticipation of Governing Board approval of the annual employee evaluation;

• The executive director shall provide input on the 2016 administrative performance of the inspector general;

• With this input, the Governing Board treasurer drafts the inspector general’s 2016 evaluation; • The inspector general shall provide the Board with their proposed goals for 2017, against which they

will be reviewed in next year

Staff recommends the Board approve the 2016 employee evaluation of Inspector General Kurt Fritsch. Submit & File Reports 30. Self-Funded Health Insurance Plan Routine Reports The following items are provided for the Committee’s information, and no action is required. 31. Treasurer’s Report and Payment Register 32. Monthly Financial Statement 33. Monthly Cash Balances by Fiscal Year 34. Comprehensive Plan Amendment and Related Reviews Report

Discussion 35. Consent Item(s) Moved for Discussion Submit & File Reports 36. Proposed Minimum Flow for the Crystal River / Kings Bay System Prior to Independent Scientific

Peer Review Update

RESOURCE MANAGEMENT COMMITTEE (TAB D)


Routine Reports The following items are provided for the Committee’s information, and no action is required. 37. Minimum Flows and Levels Status Report 38. Significant Water Resource and Development Projects

Discussion 39. Consent Item(s) Moved for Discussion 40. Denials Referred to the Governing Board

District Rule 40D-1.6051, Florida Administrative Code, provides that if District staff intends to deny a permit application, the applicant will be advised of the opportunity to request referral to the Governing Board for final action. Under these circumstances, if an applicant or petitioner requests their application or petition be referred to the Governing Board for final action, that application or petition will appear under this agenda item for consideration. As these items will be presented at the request of an outside party, specific information may not be available until just prior to the Governing Board meeting.

Submit & File Reports 41. Dover/Plant City Water Use Caution Area Flow Meter and Automatic Meter Reading (AMR)

Equipment Implementation Program Routine Reports The following items are provided for the Committee’s information, and no action is required. 42. Overpumpage Report – October 2016 43. Individual Permits Issued by District Staff – October 2016

Discussion 44. Consent Item(s) Moved for Discussion

45. Surplus Lands Update and Review of Annutteliga Strategy

The purpose of this item is to provide an update on surplus lands. The presentation will include a general overview, successes to date, as well as an update on staff’s accomplishments concerning the Annutteliga Hammock Strategy (Surplus Strategy) and proposed next steps in fulfilling the Surplus Strategy.

At the time of acquisition, the District has strived to declare surplus portions of parcels that do not meet the District’s core mission, but were necessary to acquire as a condition of the overall purchase. Also, at the Governing Board’s direction, staff has focused on assessing lands to determine whether they meet the District’s core mission so they may be declared surplus. Lands that met the District’s core mission were further evaluated to determine if they could be protected via a conservation easement rather than full fee simple title, thereby placing the land in private ownership. To date, approximately 4,864 acres have been declared surplus, and an additional 231 acres have been identified for exchange or transfer through the surplus lands assessment. In 2015, the Governing Board adopted the Annutteliga Surplus Strategy. The strategy instructed staff to identify parcels for surplus and retention, define areas for consolidation, continue to pursue changes to Chapter 373, Florida Statutes, develop special provisions for larger surplus properties, coordinate with acquisition partners, Hernando County and Public Affairs Bureau, combine parcels for surplus to reduce impacts and initiate surplus activities.

REGULATION COMMITTEE (TAB E)

OPERATIONS, LANDS AND RESOURCE MONITORING COMMITTEE (TAB F)


To date most of the tasks have been completed. The next steps in the process are to develop an efficient method for protecting the land by limiting septic tanks; provide exchange opportunities for property owners in the priority areas, which will determine the effectiveness of completing the corridor (priority areas); provide the right of first refusal to adjacent owners to meet statutory requirements; and then market and sell the remaining parcels through a broker or auction. This item is presented for the Board’s information, and no action is required.

46. Hydrologic Conditions Report

This routine report provides information on the general state of the District’s hydrologic conditions, by comparing rainfall, surface water, and groundwater levels for the current month to comparable data from the historical record.

This item is presented for the Board’s information, and no action is required.

Submit & File Reports - None Routine Reports The following items are provided for the Committee’s information, and no action is required. 47. Structure Operations 48. Significant Activities

Discussion 49. Consent Item(s) Moved for Discussion Submit & File Reports - None Routine Reports The following items are provided for the Committee’s information, and no action is required. 50. October 2016 – Rulemaking Update 51. October 2016 – Litigation Report

52. Well Drillers Advisory Committee 53. Environmental Advisory Committee 54. Other Committee/Liaison Reports

EXECUTIVE DIRECTOR’S REPORT (TAB I)

55. Executive Director’s Report

56. Chair’s Report 57. Other 58. Employee Milestones

RECESS PUBLIC HEARING

GENERAL COUNSEL’S REPORT (TAB G)

COMMITTEE/LIAISON REPORTS (TAB H)

CHAIR’S REPORT (TAB J)


ANNOUNCEMENTS http://www.swfwmd.state.fl.us/calendar

• Governing Board Meetings Schedule: Meeting – Tampa ........................................................................................ November 15, 2016 Meeting – Tampa ........................................................................................ December 13, 2016 Meeting – Tampa ............................................................................................ January 24, 2017 Meeting – Sarasota ....................................................................................... February 28, 2017 • Governing Board Public Budget Hearings Schedule:

Tentative Budget – Tampa ....................................................................... September 12, 2017 Final Budget – Tampa .............................................................................. September 26, 2017

• Advisory Committee Meeting Schedule: Industrial & Public Supply – Tampa .............................................................. November 8, 2016

Agricultural/Green Industry – Tampa ............................................................ December 1, 2016 Environmental – Tampa .................................................................................. January 10, 2017 Well Drillers – Tampa ...................................................................................... January 11, 2017

ADJOURNMENT

Total Number of Projects: 347

Days Without an At-Fault Accident 402 Days Without a Lost-Time Injury 303

Cash Balance: $462 Million Reserves $216M

Encumbrances $193M

Carry Forward FY16-17 $25M

Remaining Cash $28M

Total $462M

FY15-16 Carry Forward Total CurrentBudget Encumbrance Budget

Regulation $11.6M $0.7M $12.3M

General Counsel $1.8M $0.6M $2.4M

Resource Mgmt. $105.0M $128.3M $233.3M

Emp. & Ext. Relations $6.3M $0.9M $7.2M

Operations $33.2M $7.5M $40.7M

Mgmt. Services $24.9M $2.6M $27.5M

Executive $1.5M $0.0M $1.5M

Total $184.3M $140.6M $324.9M

Southwest Florida Water Management District

Rev

enues Expenditu

res

$$Rev

enues Expenditu

90

0

180

270

100

180

270

325

$$

$324.9 million (current budget)

Resource Management

Long-Term Project Budget Spend Down: $220.6M

Actual Projected

FY15-16 Spend Plan

Oct 2015

Jan 2016

Apr 2016

Jul 2016

Sept2016

0

25

50

75

100

ResourceManagement

Invoice Receiptto Payment

EmployeeTurnover

Office Spacein Square Feet

Fleet1 Ton or Under

Management Services

June2011

12-MonthAverage

Current

WMIS OnlineApplications

CurrentGoalCurrent

Public Records Requests

48.67 hoursMedian Closure

66.85 hoursMedian Closure

Current12-MonthAvg.

12-Month Average

05

1015202530

0

20

40

60

80

100

0

50000

100000

150000

200000

250000

0

50

100

150

200

250

16926

Days

30Days

13.5% 1.0%

231

242,

342

170,

828

202,

071

0

20

40

60

80100

Operations, Lands &

Resource Monitoring

0.0

10.5

21.0

31.5

42.0

BUDGET

Operations, Lands &Resource Monitoring

$40.7M

Very dry

Drier than normal

Normal

Wetter than normal

Very wet

Rainfall DistributionOct 2015 – Sept 2016

Emp. & Ext.Relations

66.37%

12.26%6.55%

13.71%

September 2016

Number Active in Office of General Counsel: 62Total Number of Compliance Activities: 5,530

0.0

0.5

1.0

1.5

2.0

2.5

3.0 $2.4MBUDGET

GeneralCounsel

0

5

9

13$12.3M

BUDGET

Regulation

ManagementServices

BUDGET$27.5M

ERP WUP WCP

FY2011 Current 12-MonthAverage

Current

Year to Date

FY14–15 Total

FY15–16 Goal

Prescribed FireAcres Burned

Total Acres Owned: 343,803

FY2016 Land Management Revenue Goals

0

50

100

150

200

250

10098

0

20

40

60

80

10099.07%Closedwithin7 days

215

Monthly Dashboardas of September 30, 2016

$212,000

$178,000 $162,833

$26,279

Renewable Resources Leases Other

$26,000

FY2016 Goal

YTD

1.12%Active–No Letters Sent Active–One Letter Sent Active–Two or More Letters SentActive–In OGC Closed–No OGC Action Required

$133,594

270287

0

20

40

60

80

100

92.17%Closedwithin7 days

2,414

$5.5M$5.6M

$160.8M

$20.0M Encumbered for Polk Partnership

Spent

Encumbered

To Be Encumbered

Lapsed at Year End

$28.7M0

55

110

165

220

275

BUDGET

ResourceManagement

Encumbered

Spent

RemainingBudget

$233.3M

$37.8M

$182.0M

$13.5M

Encumbered

Spent

RemainingBudget

$5.9M

$0.9M

$0.4M

Encumbered

Spent

RemainingBudget

$17.0M

$6.0M

$17.7M

Encumbered

Spent

RemainingBudget

$1.6M

$0.3M

$0.5MEncumbered

Spent

RemainingBudget

$11.6M

$0.3M

$0.4M

Encumbered

Spent

RemainingBudget

$22.9M

$3.4M

$1.2M

0

1

2

3

4

5

6

7

8BUDGET

$7.2M

0

50

100

150

200

250

0

5

10

15

20

25

30

35

0

5000

10000

15000

20000

25000

30000

35000

400003

8,4

33

30

,09

137

,50

0

Regulation

12-month average:

13 235 216

12-month average:

889 82

Total ERP Applications In-house: 568

Total WUP Applications In-house: 228

Average Processing Time (Days) WUPs Received WUPs Issued

Average Processing Time (Days) ERPs Received ERPs Issued

0

25

50

75

100

125

8 9 11

89

69

91

708275

SeptJul Aug SeptJul Aug0

55

110

165

220

275

13 13 13

201

239 249223 230225

Cumulative Number of Minimum Flows andLevels (MFLs) for Springs and Rivers/Streams

0

5

10

15

20

Springs Rivers/Streams2016

20152014

20132012

20112010

20012002

20032004

20052006

20072008

2009

WaterMatters.org/Springs web visits

0

2,000

4,000

6,000

8,000

10,000

12,000

May2016

y6

Jun2016

nJun62016

Jul2016

Aug2016

Oper

00

00

Oct2015

ratio

Oct2015

Nov2015

M

ns,

M

on

vNov52015

Dec2015

Lan

M i

, L

M

Dec52015

Jan2016

itor

ds

i

n

i

Jan6016

Feb2016

&

ring

s &

i

bFeb62016

Mar2016

35000 00

0

M2

00May2016

35000

400000

g

rMar62016

Apr2016

42

gAug62016

Sep2016

September 201612 000Employee & External Relations

A.Public

Hearing

&M

eeting

Governing Board Meeting

October 25, 2016

11:00 a.m.

CONVENE MEETING OF THE GOVERNING BOARDAND PUBLIC HEARING

1. Call to Order

2. Invocation and Pledge of Allegiance

3. Employee Recognition

4. Additions/Deletions to Agenda

5. Public Input for Issues Not Listed on the Published Agenda

PUBLIC HEARING AND MEETING

Items 1 - 5Governing Board MeetingOctober 25, 2016

1. Call to OrderThe Board Chair calls the meeting to order. The Board Secretary confirms that a quorum ispresent. The Board Chair then opens the public hearing. Anyone wishing to address theGoverning Board concerning any item listed on the agenda or any item that does not appearon the agenda should fill out and submit a speaker's card. Comments will be limited to threeminutes per speaker, and, when appropriate, exceptions to the three-minute limit may begranted by the Chair. Several individuals wishing to speak on the same issue/topic shoulddesignate a spokesperson.

2. Invocation and Pledge of AllegianceAn invocation is offered. The Board Chair conducts the Pledge of Allegiance to the Flag of theUnited States of America.

3. Employee RecognitionStaff that have reached 20 or more years of service at the District will be recognized.

20 years – Diana Burdick, ECM Technical Lead25 years – Barbara Matrone, Business Process Technician

Presenter: Randall S. Maggard, Chair

4. Additions/Deletions to AgendaAccording to Section 120.525(2), Florida Statutes, additions to the published agenda will onlybe made for "good cause" as determined by the "person designated to preside." Based uponthat authority, the Chair has determined that good cause exists to make certain changes to theagenda. These changes are being made in order to permit the Governing Board to efficientlyaccomplish necessary public business at this meeting and to reflect the items on the agendathat have been requested or suggested to be deleted, revised, supplemented or postponed.

ADDITIONS: The items that have been added to the agenda were received by the Districtafter publication of the regular agenda. The Board was provided with the information filed andthe District staff's analyses of these matters. Staff has determined that action must be takenon these items prior to the next Board meeting. Therefore, it is the District staff'srecommendation that good cause has been demonstrated and should be considered duringthe Governing Board's meeting.

Staff Recommendation:Approve the recommended additions and deletions to the published agenda if necessary.

Presenter: Brian J. Armstrong, P.G., Executive Director

5. Public Input for Issues Not Listed on the Published Agenda

At this time, the Board will hear public input for issues not listed on the published agenda.


Governing Board Meeting October 25, 2016

All matters listed under the Consent Agenda are considered routine and action will be taken by one motion, second of the motion and approval by the Board. If discussion is requested by a Board member, that item(s) will be deleted from the Consent Agenda and moved to the appropriate Committee or Report for consideration.

Finance/Outreach & Planning Committee

6. Approve Strategic Plan 2015-2019 .................................................................................................... 6

7. Annual Review of Board Policy 130-3, District Investment Policy ...................................................... 7

8. Budget Transfer – Watermatters Website Consulting Services .......................................................... 8

9. Budget Transfer Report .................................................................................................................... 10

Resource Management Committee

10. Minimum Flows and Levels Priority List and Schedule Update ........................................................ 13

11. Springs Initiative – FY2016-17 Florida Department of Environmental ProtectionSprings Projects .............................................................................................................................. 20

12. Authorize Submission of the Cypress Creek Watershed Management Program Update inHillsborough County to the Federal Emergency Management Agency (N404)................................. 28

13. Initiation and Approval of Rulemaking to Amend Rule 40D-8.624, Florida Administrative Code,to Adopt Revised Minimum and Guidance Levels for Lake Merrywater in HillsboroughCounty (P256) ................................................................................................................................. 30

14. Initiation and Approval of Rulemaking to Amend Rule 40D-8.624, Florida Administrative Code, toAdopt Revised Minimum and Guidance Levels for Crooked Lake in Polk County (P256) ................ 33

15. Initiation and Approval of Rulemaking to Amend Rule 40D-8.624, Florida Administrative Code, toAdopt Revised Minimum and Guidance Levels for Lake Lowery in Polk County (P256) .................. 36

16. Initiation and Approval of Rulemaking to Amend Rule 40D-26.021, 40D-26.091 and40D-26.101, Florida Administrative Code, to Replace the Facilitating Agricultural Resource Management Systems (FARMS) Program Model Farms Economic Update, June 2009 Publicationwith an Updated Study ................................................................................................................... 39

Regulation Committee

17. Individual Water Use Permits Referred to the Governing Boarda. WUP No. 20008219.002 – Damon W Sandlin / Damon & Sharon Sandlin (Levy County) .......... 41


18. Approve Reduction of Cattle Lease Rates and First Amendment to Cattle Lease SWF ParcelNos. 20-502-113X, 20-503-255X and 10-200-1280X ..................................................................... 52

19. Approve Sale of Surplus Lands – Lake Hancock (LH-1B), SWF Parcel No. 20-503-252S .............. 60

CONSENT AGENDA

Governing Board Meeting Consent Agenda October 25, 2016 Page 2

General Counsel’s Report

20. Administrative, Enforcement and Litigation Activities that Require Governing Board Approval - None

21. Rulemakinga. Initiation and Approval of Rulemaking to Amend Rule 40D-2.091, F.A.C., to Revise Form LEG-

R.053.00, Flow Meter Post-Installation Information Reimbursement Form...............................74

Executive Director’s Report 22. Approve Tentative FY2016-17 Budget Public Hearing Minutes – September 13, 2016 .................. 78

23. Approve Governing Board Meeting and Final FY2016-17 Budget Public Hearing Minutes –September 27, 2016 ...................................................................................................................... 83

Item 6

FINANCE/OUTREACH & PLANNING COMMITTEEOctober 25, 2016Consent AgendaApprove Strategic Plan 2015-2019

PurposeApprove the recommended Strategic Plan 2015-2019 update

Background/HistoryThe District’s Strategic Plan is updated annually and included as part of the District’s Consolidated Annual Report which is submitted to the Governor, Department of Environmental Protection, President of the Senate, and Speaker of the House of Representatives, along with chairs of appropriate legislative committees and local county governing bodies.

The Strategic Plan identifies the District’s mission, vision, values, goals, strategic initiatives for each of the District’s four areas of responsibility, regional priorities, and core business practices. This year’s recommended Plan contains relatively minimal changes from the existing plan, including updates to metrics and language refinements to improve clarity.

Perhaps the most notable proposed revision is a streamlining of the District’s Mission Statement. The current statement reads:

”Mission Statement: The mission of the District is to manage water and related natural resources to ensure their continued availability while maximizing the benefits to the public. Central to the mission is maintaining the balance between the water needs of current and future users while protecting and maintaining water and related natural resources which provide the District with its existing and future water supply.”

The proposed revision reads:

“Mission Statement: To protect water resources, minimize flood risks, and ensure the public’s water needs are met.”

The Board was provided a draft plan for review at the September 27, 2016 Board meeting.

Staff Recommendation:

Approve the Strategic Plan 2015-2019.

Presenter: Michael Molligan, Assistant Bureau Chief, Public Affairs

Packet Pg. 6

Item 7

FINANCE/OUTREACH & PLANNING COMMITTEEOctober 25, 2016Consent AgendaAnnual Review of Board Policy 130-3, District Investment Policy

BackgroundThe Policy requires a review of the District’s Investment Policy within sixty (60) days following the end of each fiscal year and approval of any modifications made thereto. Fiscal year 2015-16 ended September 30, 2016 and a review is required. The policy has been reviewed by management and its investment advisory firm and there are no recommended modifications.

BenefitsBy reviewing and updating the District’s Investment Policy within sixty (60) days following the end of the fiscal year, the Governing Board and management will be in compliance with the Investment Policy.


Approve and accept the recommendation for no modifications to Board Policy 130-3, District Investment Policy.

Presenter: Linda S. Howard, Bureau Chief, Finance

Packet Pg. 7

Item 8

FINANCE/OUTREACH & PLANNING COMMITTEE October 25, 2016Consent AgendaBudget Transfer - Watermatters Website Consulting Services

PurposeThe purpose of this item is to request the transfer of Fiscal Year (FY) 2017 budgeted funds to procure consulting services and associated software to support the redesign of the District’s WaterMatters.org Internet site on a modern web content management framework.

Background/HistoryComplex websites such as Watermatters.org are built using specialized web content management system software. Web content management systems support the creation, modification and publishing of documents, pictures, audio, video and other content via web pages. The Watermatters.org Internet site currently uses a custom-built web content management system that is inefficient to maintain and is not compatible with the District’s technology infrastructure. The requested funds will be used to procure software and consulting services to assist the Public Affairs Bureau (PAB) web master and web developer in redesigning Watermatters.org on a modern web content management system that can easily be maintained in the future.

The PAB has been working towards redesigning the District’s Internet website using internal staff resources with a goal of completing the project by the end of FY2017. Difficulties in hiring and retaining staff with the appropriate technical skills have put the schedule at risk. This, coupled with security issues with the website, has led to this out-of-cycle request for funds to accelerate the project with assistance from website development consultants.

Benefits/CostsThe benefits of this request are: 1) Upon completion of the project PAB staff will be able to maintain and enhance Watermatters.org to meet foreseeable web content publishing requirements with minimal assistance from Information Technology Bureau staff. 2) Watermatters.org will be designed using a web content management system that is compatible with the District’s technology architecture and security requirements.

Based on a similar effort by the South Florida Water Management District the estimated cost of this project is $150,000. Unspent funds for consulting services to support B817 Minimum Flows and Level (MFL) Re-Evaluations - Springs Systems, in the amount of $150,000, are available for transfer to support this effort. The funds are available because staff prioritized the establishment of the Rainbow River and Crystal River/Kings Bay MFLs. Work on B817 Minimum Flows and Level (MFL) Re-Evaluations - Springs Systems will be rescheduled and budgeted in future years.

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Staff recommends the Governing Board transfer $150,000 previously approved in the FY2017 budget for B817 MFL Re-Evaluations - Springs Systems, and authorize the procurement of consulting services and associated software to redesign the WaterMatters.org website on a modern web content management framework compatible with the District’s technology architecture.

Presenter: Thomas Hughes, Technology Services Manager

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Item 9

FINANCE/OUTREACH & PLANNING COMMITTEEOctober 25, 2016Consent AgendaBudget Transfer Report

PurposeRequest approval of the Budget Transfer Report covering all budget transfers made during the month of September 2016.

BackgroundIn accordance with Board Policy No. 130-8, Budget Authority Transfer of Funds, all transfers approved by the Executive Director and Finance Bureau Chief under delegated authority are regularly presented to the Finance/Outreach & Planning Committee for approval on the Consent Agenda at the next scheduled meeting. The exhibit for this item reflects all such transfers executed since the date of the last report for the Committee's approval.


Request approval of the Budget Transfer Report covering all budget transfers for September 2016.


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SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICTBudget Transfer Report

September 2016

Bureau / Bureau /Expenditure Category Expenditure Category

Executive Approved

1 3 Natural Systems & Restoration 5Project Management Office 10,000.00$ 3431 Contracted Construction 3111 Consultant Services

2 0 Information Technology 0Information Technology 50,000.004601 Maint/Repair of Equipment 4121 Telephone and Communications

3 3 Natural Systems & Restoration 3Natural Systems & Restoration 50,000.003111 Consultant Services 8108 Contracted Services - District-led CFI

4 6 Operations & Land Management 6Operations & Land Management 20,000.003401 Other Contractual Services 3401 Other Contractual Services

Total Executive Approved 130,000.00$

Finance Bureau Chief Approved

1 0 Public Affairs 0Information Technology 8,000.00$ 3401 Other Contractual Services 3401 Other Contractual Services

2 3 Natural Systems & Restoration 3Natural Systems & Restoration 14,705.22 3431 Contracted Construction 3111 Consultant Services

3 6 Data Collection 6Data Collection 25,000.00 3200 Construction Materials 3432 Well Construction

4 0 Information Technology 0Information Technology 6,081.00 6404 Equipment - Computer 6404 Equipment - Computer

ItemNo.

--- TRANSFERRED FROM --- --- TRANSFERRED TO ---

Transfer of budgeted funds to the appropriate bureau and project code for the accounting tracking of the replacement of polycom videoconferencing equipment that has reached the end of its useful life.

Transfer of budgeted funds to the appropriate expenditure category for accounting tracking of West Citrus well site drilling materials. Materials will be purchased and supplied by the contractor.

Transfer of budgeted funds to the appropriate project code for accounting tracking of the replacement of three 12 year-old barcode printers for the Chemistry Lab.

Transfer of budgeted funds to the appropriate expenditure category for accounting tracking of vegetation maintenance in Hunters Cove revegetation plots.

TransferAmountReason For Transfer

Transfer of funds originally budgeted for maintenance and repair of Districtwide Governing Boardroom audio visual systems. Expenditures were less than anticipated due to the replacment of the equipment being less than maintenance and repairs. The funds are needed for the temporary increase in network provider costs during the transition from one provider to another while two service links are active.

Transfer of funds originally budgeted for projects identified in the Chassahowitzka and Homosassa SWIM Management Plans. Projects were completed under budget. The funds are needed for construction at the Rogers Park Low Impact Development Implementation project as part of the Weeki Wachee SWIM Management Plan.

Transfer of funds originally budgeted for tree, debris, sediment and aquatic plant removal from the Peace Creek Canal system. Expenditures were less than anticipated. The funds are needed for tree removal services in Polk County, downstream of the District's P-7 watercontrol structure, due to a recently fallen large oak blocking the canal between Lake Fannie and Lake Hamilton.

Transfer of funds originally budgeted for implementation of aquatic plant restoration identified in the Crystal River/Kings Bay Surface Water Improvement (SWIM) Management Plan. Implementation was completed under budget. The funds are needed for outside assistance in developing project manager training documents for the Project Management Office.

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Attachment: 10-16 FO&P-FIN Exhibit-BT Rpt SEPT2016 (2725 : Budget Transfer Report)

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICTBudget Transfer Report

September 2016

Bureau / Bureau /Expenditure Category Expenditure Category

ItemNo.

--- TRANSFERRED FROM --- --- TRANSFERRED TO ---TransferAmountReason For Transfer

5 0 Information Technology 0Information Technology 5,000.00 4004 Training Costs for Materials and Facilities 3407 Contractual Services for Training

6 3 Natural Systems & Restoration 3Natural Systems & Restoration 25,000.00 3111 Consultant Services 8108 Contracted Services - District-led CFI

7 3 Natural Systems & Restoration 3Natural Systems & Restoration 1,011.00 3111 Consultant Services 3431 Contracted Construction

8 3 Natural Systems & Restoration 3Natural Systems & Restoration 1,720.00 3111 Consultant Services 3431 Contracted Construction

9 0 General Services 0General Services 80,000.00 4404 Rental of Other Equipment 4490 Lease of Outside Equipment

10 6 Operations & Land Management 6Operations & Land Management 15,000.00 3402 Vegetation Management Services 3402 Vegetation Management Services

11 6 Data Collection 6Data Collection 4,500.00 6403 Equipment - Outside 4601 Maint/Repair of Equipment

12 6 Data Collection 6Data Collection 5,000.00 3111 Consultant Services 3111 Consultant Services

13 6 Operations & Land Management 6Operations & Land Management 2,500.00 4002 Travel - Staff Duties 5402 Memberships and Dues

14 5 Water Resources 5Water Resources 1,000.00 4601 Maint/Repair of Equipment 4002 Travel - Staff Duties

15 0 General Services 0General Services 1,409.00 5201 Parts and Supplies 6403 Equipment - Outside6403 Equipment - Outside

Total Finance Bureau Chief Approved 195,926.22$

Total Transfers for Governing Board Ratification 325,926.22$

Transfer of funds originally budgeted for fuel and lubricants. Expenditures were less than anticipated due to continued low prices on fuel and petroleum products. The funds are needed for a boat motor where repairs exceed replacement cost.

This report identifies transfers made during the month that did not require advance Governing Board approval. These transfers have been approved by either the Executive Director or designee or the FinanceBureau Chief consistent with Board Policy 130-8, and are presented for Governing Board approval for ratification on the Consent Agenda. Executive Director or designee approved transfers are made for apurpose other than the original budget intent, but are limited to individual transfer amounts greater than $5,000 not to exceed $50,000. Finance Bureau Chief approved transfers are up to $5,000 or accountingreallocations consistent with original budget intent.

Transfer of budgeted funds to the appropriate project code and expenditure category for accounting tracking of the Three Sisters Bank Stabilization project.

Transfer of budgeted funds to the appropriate expenditure category for accounting tracking of Information Technology staff training provided by contracted instructors.

Transfer of funds originally budgeted for replacement nitrogen analysis equipment for the Lab. Funds are no longer required due to an alternative analysis method. The funds are needed for the replacement of a 15 year-old sampler instrument used in the Chemistry Lab.

Transfer of funds originally budgeted for statewide permitting portal system updates.Maintenance expenditures were less than anticipated. The funds are needed for an automated land use/land cover (LULC) mapping pilot project.

Transfer of funds originally budgeted for Operations Administration travel. Expenditures were less than anticipated. The funds are needed for Real Estate Services membership fees.

Transfer of funds originally budgeted for maintenance and repair of leak detection equipment. Funds are no longer required due to necessary repairs covered under warranty. The funds are needed for staff travel to perform field data collection for the Cooperative Funding Initiative Mill Creek Watershed Management Plan.

Transfer of budgeted funds to the appropriate expenditure category for accounting tracking of the lease of fire dozers.

Transfer of budgeted funds to the appropriate project code for accounting tracking of the treatment of Old World climbing fern and other invasive vegetation infestations.

Transfer of budgeted funds to the appropriate expenditure category for maintenance at the Three Sisters Springs Wetland Treatment project.

Transfer of budgeted funds to the appropriate project code and expenditure category for accounting tracking of construction at the Rogers Park Low Impact Development Implementation project as part of the Weeki Wachee SWIM Management Plan.

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Attachment: 10-16 FO&P-FIN Exhibit-BT Rpt SEPT2016 (2725 : Budget Transfer Report)

Item 10

RESOURCE MANAGEMENT COMMITTEEOctober 25, 2016Consent AgendaMinimum Flows and Levels Priority List and Schedule Update

PurposeTo request approval of the District’s Minimum Flows and Levels Priority List and Schedule andReservations List and Schedule for submission to the Florida Department of Environmental Protection (DEP).

Background/HistoryPursuant to Sections 373.036(7) and 373.042(3), Florida Statutes, the District is required to annually update its priority list and schedule for the establishment of minimum flows and levels (MFLs), which also identifies water bodies scheduled for development of reservations, submit the updated list and schedule to the DEP for approval, and include the approved list and schedule in the District's Consolidated Annual Report.

Staff presented a draft "Southwest Florida Water Management District Proposed 2017 Minimum Flows and Levels Priority List and Schedule and Reservations List and Schedule" to the Governing Board as a Submit & File Report agenda item at the August 30, 2016 Board meeting.

A public meeting for soliciting comment on the draft priority list and schedule was held at the Tampa Service Office on September 19, 2016. Six stakeholders participated in the meeting in-person or via web-based videoconferencing. Prior to or during the meeting, three of the participants suggested that Warm Mineral Springs in Sarasota County be prioritized for MFLs development. Subsequent to the meeting, numerous stakeholders, including representatives from the Friends of Warm Mineral Springs, Friends of Little Salt Springs, Florida Springs Institute, Myakka River Management Coordinating Council, Florida Springs Council, Santa Fe River, Inc., Villages Environmental Discussion Group, Save the Manatee Club and ECOSWF have recommended inclusion of Warm Mineral Springs on the draft priority list. Reasons provided for prioritization of the spring include: its unique geological characteristics, recreational/tourism values, archeological significance, geographic location, use of springflow-associated warm waters by manatees, and sensitivity of the low-flow system to water withdrawal effects. At this time, staff does not recommend inclusion of Warm Mineral Springs on the priority list and schedule based on several factors including: 1) the magnitude of reported flows from the spring, which range from 6.9 to 11.7 cubic feet per second, making the spring a third or possibly second magnitude system; 2) statutory requirements for MFLs development for only first magnitude springs and second magnitude springs within state or federally owned lands purchased for conservation purposes, and the occurrence of the spring on non-state and non-federal lands; and 3) protection afforded by regional recovery efforts underway in the Southern Water Use Caution Area. Staff recommends further review of existing information on the spring during the coming year to support consideration of its inclusion on the priority list and schedule in subsequent annual updates.

At the public meeting, a representative from Tampa Bay Water indicated that reevaluation of 20 wetlands in the northern Tampa Bay area earlier than the proposed 2020 completion date would be helpful for ongoing work associated with renewal of the Consolidated Water Use Permit issued for the Central System Facilities. The Tampa Bay Water representative

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however, that there are many priority water bodies in the region and noted that Tampa Bay Water looks forward to the continued sharing of information associated with the reevaluations as it becomes available, and this effort is expected to support the review process.

Based on consideration of stakeholder input, staff does not recommend any changes to thepriority list and schedule presented at the August 2016 Board meeting. However, the erroneousduplicate scheduling of the reevaluation of MFLs for Lake Alice in 2017 and 2018 has been corrected to indicate the reevaluation will occur in 2018. In addition, the planned establishment of minimum flows for the upper and lower segments of the Pithlachascotee River in 2016 has been rescheduled for 2017 to allow time for completion of and response to peer review that willoccur later this year.

Benefits/CostsThe draft priority list and schedule for 2017 includes all significant river segments and firstmagnitude spring systems within the District. It is anticipated that MFLs or reservations for alllisted water bodies will be adopted or as indicated, reevaluated by 2026.


Approve the Minimum Flows and Levels Priority List and Schedule and Reservations List and Schedule for submission to DEP for review and approval as required by Chapter 373, F.S.

Presenter: Douglas A. Leeper, MFLs Program Lead, Springs and Environmental Flows Section

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Draft: September 22, 2016

SOUTHWEST FLORIDA WATER MANAGEMENTPROPOSED 2017 MINIMUM FLOWS AND LEVELSPRIORITY LIST AND SCHEDULE ANDRESERVATIONS LIST AND SCHEDULE Priority Water Bodies with Adopted and Effective Minimum Flows and Levels Rules, Including Those That Have Been Reevaluated

Alafia River (upper segment)Alafia River (lower segment)Anclote River (lower segment)Anclote River (upper segment)Braden River (upper segment)Buckhorn SpringsChassahowitzka River System and Springs (includes Chassahowitzka Main, Chassahowitzka #1, CrabCreek, Potter, Ruth and Blind Springs)Citrus County Lakes – Ft. Cooper, Tsala Apopka – Floral City, Inverness and Hernando PoolsCrystal SpringsDona Bay/Shakett Creek SystemDover/Plant City Water Use Caution Area Minimum Aquifer LevelGum Springs Group**Hernando County Lakes – Hunters, Lindsey, Mountain, Neff, Spring, Tooke, Weekiwachee Prairie,WhitehurstHighland County Lakes – Angelo*, Anoka*, Denton*, Jackson*, Little Lake Jackson*, June-in-Winter*, Letta*, Lotela*, Placid*, Tulane*, Verona*Hillsborough County Lakes – Alice, Allen, Barbara, Bird (reevaluated), Brant, Calm, Carroll, Charles,Church, Crenshaw, Crescent, Crystal (reevaluated), Cypress, Dan, Deer, Dosson, Echo, Ellen, Fairy[Maurine], Garden, Halfmoon, Hanna, Harvey, Helen, Hobbs (reevaluated), Hooker, Horse, Jackson,Juanita, Keene, Kell, Little Moon, Merrywater, Mound, Platt, Pretty, Rainbow, Raleigh, Reinheimer,Rogers, Round, Saddleback, Sapphire, Starvation, Stemper (reevaluated), Strawberry, Sunset,Sunshine, Taylor, Virginia, WimaumaHillsborough River (lower segment) (reevaluated)Hillsborough River (upper segment)Homosassa River System and Springs (includes Halls River Springs, Southeast Fork Homosassa RiverSprings, Homosassa Main Springs, Hidden River Springs)Levy County Lake – MarionLithia SpringsMarion County Lakes – Bonable, Little Bonable, TigerMyakka River (lower segment)Myakka River (upper segment)Northern Tampa Bay – 41 Wetland sitesNorthern Tampa Bay – 7 Wells – Upper Floridan aquifer/Saltwater IntrusionPasco County Lakes – Bell, Big Fish, Bird, Buddy (reevaluated), Camp (reevaluated), Clear, Green,Hancock, Iola, Jessamine, King, King [East], Linda, Middle, Moon (reevaluated), Padgett(reevaluated), Parker aka Ann, Pasadena (reevaluated), Pasco, Pierce, Unnamed #22 aka LoycePeace River (lower segment) (reevaluated)Peace River (middle segment)Peace River (three upper segments – "low" minimum flows)

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Polk County Lakes – Annie*, Bonnie*, Clinch* (reevaluated), Crooked*, Crystal*, Dinner*, Eagle* (reevaluated), Lee*, Mabel*, McLeod* (reevaluated), North Lake Wales*, Parker, Starr* (reevaluated), Venus*, Wales* (reevaluated)

Sulphur Springs Sumter County Lakes – Big Gant**, Black**, Deaton**, Miona**, Okahumpka**, Panasoffkee** Southern Water Use Caution Area – Upper Floridan aquifer Tampa Bypass Canal Weekiwachee River System and Springs (includes Weeki Wachee, Jenkins Creek, Salt, Little Weeki

Wachee and Mud River Springs)

Priority Water Bodies in Rule Development with Adopted but Not Yet Effective Minimum Flows and Levels Rules (with Anticipated Effective Dates) Central Florida Water Initiative Area and Southern Water Use Caution Area Reevaluation Water

Bodies Polk County Lakes – Clinch* (S31-T31S-R28E), Eagle* (S01-T29S-R25E), McLeod* (S07-T29S-R26E), Starr* (S14-T29S-R27E), Wales* (S01-T30S-R27E) (rules anticipated to become effective in December 2016)

Northern Tampa Bay Reevaluation Water Bodies Pasco County Lakes – Buddy (S17-T25S-R21E), Moon (S28-T25S-R17E), Pasadena (S16-T25S- R21E) (rules anticipated to become effective in December 2016)

Pasco County Lake – Crews (S20-T24S-R18E) (rule anticipated to become effective in December 2016)

Polk County Lake – Hancock (S08-T29S-R25E) (rule anticipated to become effective in December 2016)

Priority Water Bodies Scheduled for Minimum Flows and Levels Adoption in 2016 Central Florida Water Initiative Area and Southern Water Use Caution Area Reevaluation Water Body

Polk County Lake – Crooked* (S01-T31S-R27E) Northern Tampa Bay Reevaluation Water Bodies

Hillsborough County Lakes – Dan (S06-27S-R17E), Horse (S26-T27S-R17E), Juanita (S22-T27S-R17E), Merrywater (S22-T27S-R18E), Rainbow (S22-T27S-R17E), Sunset (S17-T27S-R17E)

Pasco County Lake – Big Fish (S21-T24S-R19E) Polk County Lakes – Eva* (S32-T27-R27), Lowery (S14-T27S-R26E) Southern Water Use Caution Area Reevaluation Water Bodies

Highlands County Lakes – Jackson* (S30-T34S-R29E), Letta* (S31-T33S-R29E), Little Jackson* (S06-T35S-R29E), Lotela* (S26-T33S-R28E) Priority Water Bodies Scheduled for Minimum Flows and Levels Adoption in 2017 Braden River (lower segment) Crystal River System and Kings Bay Springs Highland County Lakes – Damon* (S03-T33-R28), Manatee River (lower segment) Northern Tampa Bay Reevaluation Water Bodies

Hillsborough County Lakes – Deer (S01-T27S-R18E), Saddleback (S22-T27S-R18E), Round (S22-T27S-R18E)

Pithlachascotee River (lower segment) Pithlachascotee River (upper segment)

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Polk County Lakes – Aurora* (S13-T30S-R28E), Easy* (S19-T30S-R28E),Rainbow River and Springs** (Bubbling and Waterfall Springs and springs in the main spring bowl)

Priority Water Bodies Scheduled for Minimum Flows and Levels Adoption in 2018

Northern Tampa Bay Reevaluation Water BodiesHillsborough County Lakes – Alice (S16-27S-R17E ), Allen (S10-T27S-R18E), Brant (S23-27S-R18E), Dosson (S20-27S-R18E), Harvey (S03-T27S-R18E), Sunshine (S20-T27S-R18E), Virginia (S03-T27S-R18E) Pasco County Lake –Pierce (S09-T25S-R18E)

Peace River (lower segment) (reevaluation)Shell Creek (lower segment)


Chassahowitzka River System and Springs (includes Chassahowitzka Main, Chassahowitzka #1, CrabCreek, Potter, Ruth and Blind Springs) (reevaluation)Homosassa River System and Springs (includes Halls River Springs, Southeast Fork Homosassa RiverSprings, Homosassa Main Springs, Hidden River Springs) (reevaluation)Northern Tampa Bay – 20 Wetland sites (reevaluations)


Little Manatee River (lower segment)Little Manatee River (upper segment)Withlacoochee River System (lower segment)Withlacoochee River System (three middle/upper segments)**


North Prong Alafia RiverSouth Prong Alafia River


Peace River (three upper segments – "intermediate" and "high" minimum flows)


Charlie CreekHorse CreekCypress Creek

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Prairie CreekShell Creek (upper segment)


Gum Springs Group (reevaluation)

Adopted Reservations

Morris Bridge Sink (water reserved to contribute to achieving or maintaining minimum flows adoptedfor the lower Hillsborough River for the protection of fish and wildlife)

Water Bodies Scheduled for Reservations Adoption in 2016

Polk County Lake – Hancock (S08-T29S-R25E) (reservation proposed to contribute to achieving ormaintaining minimum flows adopted for the upper Peace River and for the protection of fish andwildlife).

Notes for Listed Water Bodies

Section-Township-Range (S-T-R) information is listed for lakes scheduled for minimum flows and levels and reservations development to assist in identification of priority water bodies. Similar information is provided for lakes with adopted minimum levels in Table 8-2, Rule 40D-8.624(12), Florida Administrative Code.

All proposed spring and river segment minimum flows and levels will be subjected to voluntary scientific peer review based on the expected level of complexity of the minimum flows and levels and the anticipated degree of public concern regarding the minimum flows and levels.

None of the proposed lake minimum flows and levels are expected to be subjected to voluntary scientific peer review based on anticipated use of previously peer-reviewed methodologies for development of the minimum flows and levels.

Listed water bodies that may be affected by withdrawals occurring in other water management districts are identified with asterisks. These listings are not intended to identify a request for the adoption of a minimum flow or level by the Florida Department of Environmental Protection (DEP) pursuant to Section 373.0421(1), Florida Statutes.

* Water bodies potentially affected by groundwater withdrawals in the St. Johns River WaterManagement District (SJRWMD) and South Florida Water Management District (SFWMD).Identified water bodies in Polk County are within the Central Florida Water Initiative Planning Areawhich is a coordinated effort among the Southwest Florida Water Management District (SWFWMD),SJRWMD, SFWMD, DEP, Florida Department of Agriculture and Consumer Services (FDACS), localgovernments, and agricultural and commercial interests to effectively manage water resources in thearea. For identified water bodies in Highlands County, the SWFWMD has coordinated with theSFWMD on their preparation of the 2014 Lower Kissimmee Basin Regional Water Supply Plan,development the 2015 SWFWMD Regional Water Supply Plan and is collaborating with the SFWMDand SJRWMD on the planned 2018 expansion of the East Central Florida Transient groundwater flowmodel domain to incorporate Highlands County and other areas of South Florida.

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** Water bodies potentially affected by groundwater withdrawals in the SJRWMD. The SWFWMD and SJRWMD are coordinating minimum flows and levels analyses through cooperatively funded projects concerning expansion of the Northern District groundwater flow model that was completed in December 2013. Springs coordination meetings also occur on a quarterly basis with water management district, DEP and FDACS participation to improve inter-district communication. SWFWMD has also coordinated with the SJRWMD on a recent update to the water supply plan for the Withlacoochee River Water Supply Authority and development of the 2015 SWFWMD Regional Water Supply Plan.

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Item 11

RESOURCE MANAGEMENT COMMITTEE October 25, 2016 Consent Agenda Springs Initiative – FY2016-17 Florida Department of Environmental Protection Springs Projects

Purpose To request the Governing Board approve six springs improvement projects with Florida Department of Environmental Protection (FDEP) funding. These projects were awarded $10,143,380 of State springs funds, which was included in the District FY2016-2017 budget.

Background/History The District’s Strategic Plan 2014-2018 identifies improving northern coastal spring systems as a priority for the Northern Planning Region. In FY2016-2017, six projects were awarded State funds for implementation of water quality and water quantity improvements to advance the protection and restoration of springs systems. The estimated cost for these six projects is $13,050,155, with FDEP funding $10,143,380, the cooperators funding $2,817,150, and the District funding $89,625, as shown in table below.

Project District FDEP Cooperator Total

CR 491 Phase 1 - Regional Stormwater Facility (N793)

$89,625 $179,250 $89,625 $358,500

City of Crystal River - Indian Waters Sewer Expansion (P127)

$900,000 $100,000 $1,000,000

Septic Tank Removal at Crystal River Preserve State Park (P133)

$850,000 $850,000

Reclaimed Water Interconnection to City of Crystal River/Duke Energy (P130)

$4,290,000 $2,283,625 $6,573,625

Hernando County - Oakley Island Sewer Infrastructure Installation (P129)

$491,160 $87,600 $578,760

Hernando County's Package Plant Connection Project (P123)

$3,432,970 $256,300 $3,689,270

Total $89,625 $10,143,380 $2,817,150 $13,050,155

Benefits/Costs The Florida Legislature, in 2016, included funding in the FDEP budget to advance the protection and restoration of springs systems. In July 2016, the FDEP awarded the District $10,143,380 of

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State funding for six springs projects. At their April 6, 2016 meeting, the District’s Northern Regional Subcommittee recommended four of these six projects be forwarded to the FDEP for funding consideration. Two additional projects were identified by staff following the April meeting. All six projects were forwarded to the FDEP for their review and were chosen for State funding. Project evaluation forms for each of the six projects are attached.


Approve the six springs improvement projects with State funding through the Florida Department of Environmental Protection funding.

Presenter: Jennette Seachrist, P.E., Bureau Chief, Natural Systems & Restoration Bureau

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Item 12

RESOURCE MANAGEMENT COMMITTEE October 25, 2016 Consent Agenda Authorize Submission of the Cypress Creek Watershed Management Program Update in Hillsborough County to the Federal Emergency Management Agency (N404)

Purpose Request the Board’s authorization to submit the preliminary Flood Insurance Rate Maps (FIRMs) for the Cypress Creek watershed in Hillsborough County to the Federal Emergency Management Agency (FEMA). The detailed watershed management model for Cypress Creek watershed is the basis for updating the FIRMs. The watershed model and floodplain information have gone through the District’s process that includes internal review and external peer review by experienced licensed professional engineers. Alternative analysis information and potential flood reduction projects for the watershed were presented for review and comment during a public workshop held on July 26, 2016. Preliminary floodplain information will also be presented to the public for comments when incorporated into FEMA’s mapping specifications and submitted to FEMA. Hillsborough County will coordinate with FEMA to produce the preliminary FIRMs at a future date. Background/History The District initiated a partnership with FEMA to modernize FIRMs as part of its Watershed Management Program (WMP). Flood protection and floodplain information have been a priority at the District since the inception of the organization and that priority was renewed following the El Niño weather event in 1997-1998. In addition to studies conducted by the District and others, information on floodplains (elevations) is available through the FEMA FIRMs. However, many of the existing maps do not accurately represent the flood-prone areas because either the initial studies were technically limited, or the maps are outdated due to significant land use changes since completion. To improve the floodplain information, develop regional scale flood routing models for alternative analysis, and improve local government’s understanding of their flood protection level of service, the District reached out to local governments and initiated the WMP in the late 1990s. The District recognized a potential funding partner in FEMA as they had mutual goals to improve and modernize the existing FIRMs to better identify risks of flooding within the District. The District and FEMA executed a Cooperating Technical Partners (CTP) Memorandum of Agreement on September 14, 2001, to formalize the relationship. As a CTP, the District is eligible for federal funds to act as FEMA's partner in modernization of the FIRMs. Federal funds have allowed the District and local governments to accomplish significantly more than would have otherwise been possible. To date, the District has received approximately $12 million in federal funds from FEMA for countywide map modernization projects in Pasco, Sarasota, Hernando, Marion, Polk, Hardee, DeSoto, Citrus, Sumter, Levy, and Highlands counties. FEMA also includes federal funding for the Map Modernization Management Support (MMMS) program to ensure MMMS partners can support the map modernization effort through activities that do not directly result in production of new or revised flood hazard maps. Since 2004, FEMA has provided $1,133,860 in funding through the MMMS program. In October 2007, staff provided a report to the Governing Board outlining staff’s technical and procedural approach for development and professional oversight of watershed models. Since March 2008, staff has provided the Board a monthly update on the status of the District’s WMP and FEMA Map Modernization, including an update on the progress and activities associated

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with these issues. Since November 2008, the Governing Board has authorized staff to submit preliminary FIRMs to FEMA for 19 watersheds in Hernando County, six watersheds in Pasco County, five watersheds in Citrus County, three watersheds in Manatee County, six watersheds in Sarasota County, five watersheds in Polk County, two watersheds in DeSoto County, five watersheds in Hardee County, three watersheds in Highlands County, one watershed in Pinellas County, two watersheds in Sumter County, and 14 watersheds in Marion County. The floodplain information for the Cypress Creek watershed in Hillsborough County was prepared by a County consultant (Engineering Firm of Record), reviewed by District and County staff, and then reviewed by the District’s independent peer review consultant (see table below). The watershed models and floodplain data were built using 2011 topography and land use information. For the public workshop held on July 26, 2016, the County posted public workshop signs and advertised in the newspaper. Forty-five citizens attended the public workshop. The alternative analysis and preliminary floodplain information were also made available through the County’s FTP website. The watershed models and preliminary floodplain data reasonably reflect the verification storm event and represent best floodplain information available for the watershed.

Watershed Engineering Firm of Record Peer Review

Cypress Creek in Hillsborough County

Interflow Engineering, LLC Applied Sciences, Inc.


Authorize submittal of the preliminary FIRMs for the Cypress Creek watershed in Hillsborough County to FEMA.

Presenter: Scott Letasi, P.E., PMP, Manager, Engineering & Watershed Management

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Item 13

RESOURCE MANAGEMENT COMMITTEE October 25, 2016 Consent Agenda Initiation and Approval of Rulemaking to Amend Rule 40D-8.624, Florida Administrative Code, to Adopt Revised Minimum and Guidance Levels for Lake Merrywater in Hillsborough County (P256)

Purpose To request the Board initiate and approve rulemaking to amend Rule 40D-8.624, Florida Administrative Code (F.A.C.), to adopt Minimum and Guidance levels for Lake Merrywater in Hillsborough County, and accept the report entitled: “Proposed Minimum and Guidance Levels for Lake Merrywater in Hillsborough County, Florida” dated August 26, 2016. Background/History Minimum levels are water levels at which further withdrawals would be significantly harmful to the water resources of the area. Guidance levels are used to describe expected water level fluctuations and serve as advisory information for the construction of lakeshore development, water dependent structures, and operation of water management structures. Minimum and Guidance levels for Lake Merrywater were adopted into Rule 40D-8.624, F.A.C., on July 18, 2000. Section 373.0421(3), Florida Statutes, requires that minimum flows and levels shall be reevaluated periodically and revised as needed. Lake Merrywater is included in the Northern Tampa Bay group of lakes selected for Minimum and Guidance level reevaluation. These reevaluations are being completed using up-to-date hydrologic, biologic, and survey data; recently-developed hydrologic models; and peer-reviewed methodologies to determine if any revisions are needed for currently adopted levels. Based on this reevaluation, the High Minimum Lake Level is proposed to increase from 55.8 to 57.4 feet and the Minimum Lake Level is proposed to increase from 54.8 to 56.0 feet above NGVD 29 (Table 8-2). The technical report outlining the development of the newly proposed levels for Lake Merrywater was posted on the District's website prior to a public workshop held on September 7, 2016. The workshop was held within close proximity to the lake. District staff addressed questions and concerns at the workshop relating to the proposed Minimum and Guidance levels. No specific recommendations or comments on the proposed minimum levels were made by workshop participants. An updated assessment of status was performed, and Lake Merrywater water levels were determined to currently be above the proposed High Minimum Lake Level and below the proposed Minimum Lake Level. Lake Merrywater is included in the Comprehensive Environmental Resources Recovery Plan for the Northern Tampa Bay Water Use Caution Area (40D-80.073, F.A.C). Therefore, the analyses outlined in this document for Lake Merrywater will be reassessed by the District and Tampa Bay Water as part of this plan, and as part of Tampa Bay Water’s Permit Recovery Assessment Plan (required by Chapter 40D-80, F.A.C. and the Consolidated Permit (No. 20011771.001)). Tampa Bay Water, in cooperation with the District, will assess the specific needs for recovery in Lake Merrywater and other water bodies affected by groundwater withdrawals from the Central System Facilities. By 2020, if not sooner, an

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alternative recovery project will be proposed if Lake Merrywater is found to not be meeting its adopted minimum levels. Benefits/Costs Adoption of Minimum Level for Lake Merrywater will support the District's water supply planning, water use permitting, and environmental resource permitting programs. Adoption of Guidance Levels will provide advisory information for the construction of lakeshore development, water dependent structures, and operation of water management structures. A Statement of Estimated Regulatory Costs is not required for Lake Merrywater as this rulemaking is not expected to result in any direct or indirect cost increases for small businesses or increased regulatory costs in excess of $200,000 within one year of implementation. Ratification by the Legislature also is not necessary for this rulemaking as it is not expected to increase certain legislatively identified costs in excess of $1 million in the aggregate within five years after the implementation of the rule. Upon Governing Board approval of the proposed levels, staff will submit a notice to the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) and proceed with formal rulemaking without further Governing Board action. If substantive changes are necessary as the result of comments received from the public or from reviewing entities such as OFARR or the Joint Administrative Procedures Committee, this matter will be brought back to the Governing Board for consideration.


A. Accept the report entitled, “Proposed Minimum and Guidance Levels for Lake Merrywater in Hillsborough County, Florida.”

B. Authorize staff to make any necessary minor clarifying edits that may result from the rulemaking process and to complete report finalization.

C. Initiate and approve rulemaking to amend Rule 40D-8.624, F.A.C., to replace the previously approved Minimum and Guidance Levels with the proposed Minimum and Guidance Levels for Lake Merrywater in Hillsborough County as shown in the Exhibit. See Exhibit.

Presenter: Donna Campbell, Environmental Scientist, Resource Evaluation Section, Water

Resources Bureau

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EXHIBIT

40D-8.624 Guidance and Minimum Levels for Lakes. (1) through (11) No change. (12) Levels for lakes established during or after August 7, 2000, are set forth in the following table. After

the High Minimum Lake Level and Minimum Lake Level elevation for each lake is a designation indicating the Method used, as described in subsection 40D-8.624(8), F.A.C., to establish the level. Compliance with the High Minimum and Minimum Lake Levels is determined pursuant to paragraphs (6)(b) and (7)(b) above. Guidance Levels established prior to August 7, 2000, are set forth in Table 8-3 in subsection 40D-8.624(13), F.A.C., below.

Table 8-2 Minimum and Guidance Levels Established During or After August 7, 2000. Levels are elevations, in feet above the National Geodetic Vertical Datum of 1929.

Location by County and Basin

Name of Lake and Section, Township and Range Information

High Guidance Level

High Minimum Lake Level

Minimum Lake Level

Low Guidance Level

(l) In Hillsborough County Within the Northwest Hillsborough Basin

Merrywater, Lake S-22, T-27, R-18

55.8' 57.4’ 55.8' 57.4’ (CAT 2) (CAT1)

54.8' 56.0’ (CAT 2) (CAT 1)

53.7' 54.3’

NA = Not available (13) No change.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.036, 373.042, 373.0421, 373.086, 373.709 FS. History–New 6-7-78, Amended 1-22-79, 4-27-80, 10-21-80, 12-22-80, 3-23-81, 4-14-81, 6-4-81, 10-15-81, 11-23-81, 1-5-82, 3-11-82, 5-10-82, 7-4-82, 9-2-82, 11-8-82, 1-10-83, 4-3-83, 7-5-83, 9-5-83, 10-16-83, 12-12-83, 5-8-84, 7-8-84, 12-16-84, 2-7-85, 5-13-85, 6-26-85, 11-3-85, 3-5-86, 6-16-86, Formerly 16J-8.678, Amended 9-7-86, 2-12-87, 9-2-87, 2-18-88, 6-27-88, 2-22-89, 3-23-89, 9-26-89, 7-26-90, 10-30-90, 3-3-91, 9-30-91, 10-7-91, 7-26-92, 3-1-93, 5-11-94, 6-6-96, 2-23-97, 8-7-00, 1-8-04, 12-21-04 (13), 12-21-04 (13), 6-5-05, 5-2-06, 1-1-07, 2-12-07, 1-10-08, 2-18-08, 4-7-08, 5-20-08, 5-10-09, 4-13-11, 3-12-12, 11-25-12, 2-21-13, 9-3-2013,______.

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RESOURCE MANAGEMENT COMMITTEE October 25, 2016 Consent Agenda Initiation and Approval of Rulemaking to Amend Rule 40D-8.624, Florida Administrative Code, to Adopt Revised Minimum and Guidance Levels for Crooked Lake in Polk County (P256)

Purpose To request the Board initiate and approve rulemaking to amend Rule 40D-8.624, Florida Administrative Code (F.A.C.), to adopt Minimum and Guidance levels for Crooked Lake in Polk County, and accept the report entitled: “Proposed Minimum and Guidance Levels for Crooked Lake in Polk County, Florida.”

Background/History Minimum levels are water levels at which further withdrawals would be significantly harmful to the water resources of the area. Guidance levels are used to describe expected water level fluctuations and serve as advisory information for the construction of lakeshore development, water dependent structures, and operation of water management structures. Minimum and Guidance levels for Crooked Lake were adopted into Rule 40D-8.624, F.A.C., on January 28, 2008. Section 373.0421(3), Florida Statutes, requires that minimum flows and levels shall be reevaluated periodically and revised as needed.

Crooked Lake is included in the Southern Water Use Caution Area group of lakes selected for Minimum and Guidance level reevaluation. These reevaluations are being completed using up-to-date hydrologic, biologic, and survey data; recently-developed hydrologic models; and peer-reviewed methodologies to determine if any revisions are needed for currently adopted levels. Based on this reevaluation, the High Minimum Lake Level is proposed to decrease from 120.8 to 120.7 feet and the Minimum Lake Level is proposed to decrease from 117.9 to 117.7 feet above NGVD 29 (Table 8-2).

The technical report outlining the development of the newly proposed levels for Crooked Lake was posted on the District's website prior to a public workshop held on October 5, 2016. The workshop was held in close proximity to the lake. District staff addressed questions and concerns at the workshop relating to the proposed Minimum and Guidance levels. No specific recommendations or comments on the proposed minimum levels were made by workshop participants.

An updated assessment of status through 2015 was performed, and Crooked Lake water levels were determined to be above the proposed High Minimum Level and below the proposed Minimum Lake Level. Crooked Lake lies within the Southern Water Use Caution Area and already considered part of the recovery strategy that is outlined in Rule 40D-80.074, F.A.C. Therefore, the development of a new recovery strategy is not required. The District plans to continue regular monitoring of water levels in Crooked Lake and will also routinely evaluate the status of the lake’s water levels with respect to adopted minimum levels for the lake included in Chapter 40D-8, F.A.C.

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Benefits/Costs Adoption of Minimum Level for Crooked Lake will support the District's water supply planning, water use permitting, and environmental resource permitting programs. Adoption of Guidance Levels will provide advisory information for the construction of lakeshore development, water dependent structures, and operation of water management structures. A Statement of Estimated Regulatory Costs is not required for Crooked Lake as this rulemaking is not expected to result in any direct or indirect cost increases for small businesses or increased regulatory costs in excess of $200,000 within one year of implementation. Ratification by the Legislature also is not necessary for this rulemaking as it is not expected to increase certain legislatively identified costs in excess of $1 million in the aggregate within five years after the implementation of the rule.

Upon Governing Board approval of the proposed levels, staff will submit a notice to the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) and proceed with formal rulemaking without further Governing Board action. If substantive changes are necessary as the result of comments received from the public or from reviewing entities such as OFARR or the Joint Administrative Procedures Committee, this matter will be brought back to the Governing Board for consideration.

Staff Recommendation: A. Accept the report entitled, “Proposed Minimum and Guidance Levels for Crooked Lake inPolk County, Florida.”

B. Authorize staff to make any necessary minor clarifying edits that may result from therulemaking process and to complete report finalization.

C. Initiate and approve rulemaking to amend Rule 40D-8.624, F.A.C., to replace the previouslyapproved Minimum and Guidance Levels with the proposed Minimum and Guidance Levelsfor Crooked Lake in Polk County as shown in the Exhibit. See Exhibit.

Presenter: Donna Campbell, Environmental Scientist, Resource Evaluation Section, Water

Resources Bureau

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EXHIBIT






High Guidance Level


Minimum Lake Level

Low Guidance Level

(z) In Polk County Within the Peace River Basin

Crooked, Lake S-01, T-31S, R-27E

121.2' 121.5’

120.8' 120.7’ (CAT 3)

117.9' 117.7’ (CAT 3)

116.4’ 115.9’

NA = Not available (13) No change.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.036, 373.042, 373.0421, 373.086, 373.709 FS. History–New 6-7-78, Amended 1-22-79, 4-27-80, 10-21-80, 12-22-80, 3-23-81, 4-14-81, 6-4-81, 10-15-81, 11-23-81, 1-5-82, 3-11-82, 5-10-82, 7-4-82, 9-2-82, 11-8-82, 1-10-83, 4-3-83, 7-5-83, 9-5-83, 10-16-83, 12-12-83, 5-8-84, 7-8-84, 12-16-84, 2-7-85, 5-13-85, 6-26-85, 11-3-85, 3-5-86, 6-16-86, Formerly 16J-8.678, Amended 9-7-86, 2-12-87, 9-2-87, 2-18-88, 6-27-88, 2-22-89, 3-23-89, 9-26-89, 7-26-90, 10-30-90, 3-3-91, 9-30-91, 10-7-91, 7-26-92, 3-1-93, 5-11-94, 6-6-96, 2-23-97, 8-7-00, 1-8-04, 12-21-04 (13), 12-21-04 (13), 6-5-05, 5-2-06, 1-1-07, 2-12-07, 1-10-08, 2-18-08, 4-7-08, 5-20-08, 5-10-09, 4-13-11, 3-12-12, 11-25-12, 2-21-13, 9-3-2013,______.

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Item 15

RESOURCE MANAGEMENT COMMITTEE October 25, 2016 Consent Agenda Initiation and Approval of Rulemaking to Amend Rule 40D-8.624, Florida Administrative Code, to Adopt Revised Minimum and Guidance Levels for Lake Lowery in Polk County (P256)

Purpose To request the Board initiate and approve rulemaking to amend Rule 40D-8.624, Florida Administrative Code (F.A.C.), to adopt Minimum and Guidance levels for Lake Lowery in Polk County and accept the report entitled: “Proposed Minimum and Guidance Levels for Lake Lowery in Polk County, Florida”. Background/History Minimum levels are water levels at which further withdrawals would be significantly harmful to the water resources of the area. Guidance levels are used to describe expected water level fluctuations and serve as advisory information for the construction of lakeshore development, water dependent structures, and operation of water management structures. Minimum and Guidance levels have not been previously established by the Southwest Florida Water Management District for Lake Lowery. Lake Lowery is included in the Southern Water Use Caution Area group of lakes selected for Minimum and Guidance level evaluation. These evaluations are being completed using up-to-date hydrologic, biologic, and survey data; recently-developed hydrologic models; and peer-reviewed methodologies. Based on this evaluation, the High Minimum Lake Level is proposed to be 129.7 feet and the Minimum Lake Level is proposed to be 127.9 feet above NGVD 29 (Table 8-2). The technical report outlining the development of the proposed levels for Lake Lowery was posted on the District's website prior to a public workshop held on September 29, 2016. The workshop was held in the City of Lake Alfred within close proximity to the lake. District staff addressed questions and concerns at the workshop relating to the proposed Minimum and Guidance levels. No specific recommendations or comments on the proposed minimum levels were made by workshop participants. An assessment of status was performed, and Lake Lowery water levels were determined to above the proposed Minimum and High Minimum Lake levels, so development of a recovery strategy is not required. In the event that adopted levels for the lake are not met, Lake Lowery lies within the Southern Water Use Caution Area and is already considered part of the recovery strategy that is outlined in Rule 40D-80.074, F.A.C. Therefore, the development of a new recovery strategy would not be required. The District plans to continue regular monitoring of water levels in Lake Lowery and will also routinely evaluate the status of the lake’s water levels with respect to adopted minimum levels for the lake included in Chapter 40D-8, F.A.C. Benefits/Costs Adoption of Minimum Levels for Lake Lowery will support the District's water supply planning, Water Use Permitting, and Environmental Resource Permitting programs. Adoption of Guidance

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Levels will provide advisory information for the construction of lakeshore development, water dependent structures, and operation of water management structures. A Statement of Estimated Regulatory Costs is not required for Lake Lowery as this rulemaking is not expected to result in any direct or indirect cost increases for small businesses or increased regulatory costs in excess of $200,000 within one year of implementation. Ratification by the Legislature also is not necessary for this rulemaking as it is not expected to increase certain legislatively identified costs in excess of $1 million in the aggregate within five years after the implementation of the rule. Upon Governing Board approval of the proposed levels, staff will submit a notice to the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) and proceed with formal rulemaking without further Governing Board action. If substantive changes are necessary as the result of comments received from the public or from reviewing entities such as OFARR or the Joint Administrative Procedures Committee, this matter will be brought back to the Governing Board for consideration.


A. Accept the report entitled, “Proposed Minimum and Guidance Levels for Lake Lowery in Polk County, Florida.”

B. Authorize staff to make any necessary minor clarifying edits that may result from the rulemaking process and to complete report finalization.

C. Initiate and approve rulemaking to amend Rule 40D-8.624, F.A.C., to include the proposed Minimum and Guidance Levels for Lake Lowery in Polk County as shown in the Exhibit. See Exhibit.

Presenter: Mark Hurst, Senior Environmental Scientist, Resource Evaluation Section, Water

Resources Bureau

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EXHIBIT






High Guidance Level


Minimum Lake Level

Low Guidance Level

(z) In Polk County Within the Ocklawaha River Basin

Lowery, Lake S-14, T-27S, R-26E

131.7’ 129.7’ (CAT 3)

127.9’ (CAT 3)

128.4’

NA = Not available

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.036, 373.042, 373.0421, 373.086, 373.709 FS. History–New 6-7-78, Amended 1-22-79, 4-27-80, 10-21-80, 12-22-80, 3-23-81, 4-14-81, 6-4-81, 10-15-81, 11-23-81, 1-5-82, 3-11-82, 5-10-82, 7-4-82, 9-2-82, 11-8-82, 1-10-83, 4-3-83, 7-5-83, 9-5-83, 10-16-83, 12-12-83, 5-8-84, 7-8-84, 12-16-84, 2-7-85, 5-13-85, 6-26-85, 11-3-85, 3-5-86, 6-16-86, Formerly 16J-8.678, Amended 9-7-86, 2-12-87, 9-2-87, 2-18-88, 6-27-88, 2-22-89, 3-23-89, 9-26-89, 7-26-90, 10-30-90, 3-3-91, 9-30-91, 10-7-91, 7-26-92, 3-1-93, 5-11-94, 6-6-96, 2-23-97, 8-7-00, 1-8-04, 12-21-04 (13), 12-21-04 (13), 6-5-05, 5-2-06, 1-1-07, 2-12-07, 1-10-08, 2-18-08, 4-7-08, 5-20-08, 5-10-09, 4-13-11, 3-12-12, 11-25-12, 2-21-13 (12)(f), 2-21-31 (12), (13), 9-3-2013, 1-7-15, 7-1-15, 9-21-15, ______.

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Item 16

RESOURCE MANAGEMENT COMMITTEE October 25, 2016 Consent Agenda Initiation and Approval of Rulemaking to Amend Rule 40D-26.021, 40D-26.091 and 40D-26.101, Florida Administrative Code, to Replace the Facilitating Agricultural Resource Management Systems (FARMS) Program Model Farms Economic Update, June 2009 with an Updated Study

Purpose To request the Board initiate and approve rulemaking to amend Rules 40D-26.021 and 40D-26.091, Florida Administrative Code (F.A.C.), to replace the FARMS Program Model Farms Economic Update, June 2009, with an updated publication titled Model Farms Economic Study, March 2016.

Background/History The District’s FARMS Program provides cost-share funds for the implementation of agricultural Best Management Practices (BMPs). The primary purpose of the BMPs is to reduce ground water use, in addition to providing resource benefit improvements to water quality and/or natural systems within the District.

The FARMS Program is governed by Chapter 40D-26, F.A.C. To ensure each FARMS Program project provides an effective cost/benefit ratio, staff rely upon costs and benefits developed for several model farms that implement typical BMPs. The Model Farms Costs are documented in an economic study that is referenced in the FARMS Program rule. Actual proposed benefits and costs for each project are compared to the model farms benefits and costs included in the Model Farms Cost publication to ensure effective cost/benefit. This information is provided to the Governing Board as a part of each FARMS Project approval process.

The District’s consultant, The Balmoral Group, recently completed an updated Model Farms Economic Study, dated March 2016, to replace the currently referenced 2009 study in the Rule. Results of this new study were provided to the combined Agricultural/Green Industry Advisory Committee and are now ready to be incorporated into the FARMS Program Rule.

Benefits/Costs The revisions will allow staff to use updated information to review the cost/benefit of FARMS projects.

A copy of the proposed amendment will be provided under separate cover. Upon Governing Board approval of the proposed amendment, staff will submit a notice to the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) and proceed with rulemaking without further Governing Board action. If substantive changes are necessary as the result of comments received from the public or from reviewing entities such as OFARR or the Joint Administrative Procedures Committee, this matter will be brought back to the Governing Board for consideration. The attached chart depicts the current stage of the rulemaking process for this item.

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1) Authorize staff to make any necessary minor clarifying edits that may result from the rulemaking process.

2) Initiate and approve rulemaking to amend Rules 40D-26.021, 40D-26.091 and 40D-26.101, F.A.C., to replace the Facilitating Agricultural Resource Management Systems (FARMS) Program Model Farms Economic Update, June 2009 publication with the Model Farms Economic Study - Final Report, March 2016, and to allow the District to fund a project where the cost/benefit is comparable to the Model Farms Costs.

Presenters: Chris Zajac, FARMS Program Manager, Natural Systems & Restoration Bureau Mary Beth McNeil, Assistant General Counsel, Office of General Counsel

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Item 17a

REGULATION COMMITTEE October 25, 2016 Consent Agenda WUP No. 20008219.002 - Damon W Sandlin / Damon & Sharon Sandlin (Levy County)

This is a renewal with modification of an existing water use permit for agricultural use. The authorized water use quantities increased from 463,100 gallons per day (gpd) to 813,100 gpd on an Annual Average basis, and from 1,735,500 gpd to 2,821,300 gpd on a Peak Month basis. These increased quantities are the direct result of increasing the acres of irrigated spring peanuts from 240 acres previously permitted to 360 acres, and adding a new 360 acre crop of fall grains. Water use quantities for 500 head of livestock remain unchanged at a rate of 6,000 gpd Annual Average and 7,500 gpd Peak Month. Water use quantities for irrigation are based on the District's irrigation allotment calculation program, AGMOD. Alternative Water Supply is not used as none is currently available. This project is not located in any Water Use Caution Area.

Special conditions include those that require the Permittee to install a meter and begin regular monthly reporting of water use, investigate feasibility of reclaimed water, modify the permit if reclaimed becomes available, cap wells not in use, and implement water conservation and best management practices.


Approve the proposed permit attached as an exhibit.

Presenter: Darrin Herbst, P.G., Bureau Chief, Water Use Permit Bureau

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Item 18

OPERATIONS, LANDS, AND RESOURCE MONITORING COMMITTEE October 25, 2016 Consent Agenda Approve Reduction of Cattle Lease Rates and First Amendment to Cattle Lease SWF Parcel Nos. 20-502-113X, 20-503-255X and 10-200-1280X

Purpose The purpose of this item is to recommend the Governing Board approve the reduction of cattle lease rates and the first amendment to reduce the yearly lease rate for cattle leases identified as SWF Parcel Nos. 20-502-113X, 20-503-255X and 10-200-1280X. The Amendments are attached as Exhibits 1, 2 and 3.

Cattle Lease 20-502-113X will be reduced from $29.73 per acre to $22.00 per acre Cattle Lease 20-503-255X will be reduced from $24.00 per acre to $22.00 per acre Cattle Lease 10-200-1280X will be reduced from $30.25 per acre to $22.00 per acre

Background At the September Governing Board meeting two District cattle lessees expressed concern over their current cattle lease rental rates. A third cattle lessee has previously contacted staff regarding the same issue. The Governing Board Chair directed staff to discuss the issue with the Office of General Counsel and return to the Board with a recommendation. Staff has verified that the market price for cattle was significantly higher when these leases originated than they are now, and thus supports this adjustment. As a result, the three cattle leases that were bid during the high value of cattle are being proposed for a reduction.

In addition to the above, the Leased area of 20-502-113X is being adjusted to facilitate the maintenance of the Panther Point (Lake Hancock) Trail recently constructed by Polk County on District lands. The leased area is being reduced from 1,232ac to 1,212ac.

Benefits/Costs Cattle leases benefit the District via land management activities performed by the lessee. Generally, lessees are responsible for prescribed fire, fence repairs, hog control, exotic plant control and security for the parcel under lease.


Approve Reduction of Cattle Lease Rates and First Amendment to Cattle Lease SWF Parcel Nos. 20-502-113X, 20-503-255X and 10-200-1280X

Presenter: Carmen Sanders, Land Resources Manager, Operations and Land Management

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SWF Parcel No. 20-502-113X FIRST AMENDMENT TO

CATTLE GRAZING LEASE

THIS FIRST AMENDMENT, effective as of the 25th day of October, 2016, by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, having an address of 2379 Broad Street, Brooksville, Florida 34604-6899, hereinafter called the “LESSOR”, and AGRI-LAND MANAGEMENT, INC., having an address of 6124 Waterwood Trail, Bartow Florida 33830, hereinafter called the “LESSEE.”

WITNESSETH:

WHEREAS, the LESSOR and the LESSEE entered into a five-year Cattle Grazing Lease,effective June 23, 2015, for SWF Parcel No. 20-502-113X, (hereafter referred to as the “2015 Lease”);and

WHEREAS, the LESSOR and LESSEE wish to enter into a first amendment to the 2015 Lease to modify the annual rental amount.

NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained herein, the LESSOR and LESSEE hereby mutually agree:

The 2015 Lease is amended to modify the extent of the leased property depicted in Exhibit A and described in Exhibit B of the 2015 Lease, referred to as the PROPERTY and consisting of 1,232 acres. The PROPERTY subject to the 2015 Lease is hereby reduced by the 20 acres depicted in Exhibit A, attached to this First Amendment to Cattle Grazing Lease.

Paragraph 1., RENT of the 2015 Lease is amended as follows:

1. RENT: The LESSEE agrees to pay the LESSOR an annual rental amount of Twenty-six thousand six hundred sixty-four Dollars ($26,664) for 1,212 acres per year, or at the rate of $22.00 per acre per year. Payments will be due annually on the anniversary of the execution date of the 2015 Lease.

2. Except as otherwise provided herein, the terms, covenants and conditions of the 2015Lease are incorporated herein by reference, are hereby ratified, approved and confirmed, and are binding upon the LESSOR and LESSEE.

IN WITNESS WHEREOF, the LESSOR and LESSEE have executed this FIRST AMENDMENT TO CATTLE GRAZING LEASE on the day and year first above written.

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT,LESSOR

By: ___________ Randall S. Maggard, Chairman

Attest: ___________ Bryan K. Beswick, Secretary

FIRST AMENDMENT TO CATTLE GRAZING LEASE SWF PARCEL NO. 20-502-113X

Exhibit 1

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AGRI-LAND MANAGEMENT, INC., LESSEE

Attest: ___________________________ By: ________

(Print Name of Witness) J. W. Allen, III, President

APPROVED BY: INITIALS DATEAttorney _________ _________

Manager _________ _________

Bureau Chief _________ _________

Division Director _________ _________


Exhibit 1

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SWF Parcel No. 20-503-255X

FIRST AMENDMENT TO CATTLE GRAZING LEASE

THIS FIRST AMENDMENT, effective as of the 25th day of October, 2016, by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, having an address of 2379 Broad Street, Brooksville, Florida 34604-6899, hereinafter called the “LESSOR”, and BRIAN HAMILTON, D.B.A. H2 CATTLE COMPANY INC., having an address of 1700 Taylor Road, Bartow Florida 33830, hereinafter called the “LESSEE.”

WITNESSETH:


WHEREAS, the LESSOR and LESSEE wish to enter into a first amendment to the 2015 Lease to modify the annual rental amount.



1. The LESSEE agrees to pay the LESSOR an annual rental amount of Eleven ThousandSixty Six Dollars ($11,066.00) for 503 acres per year, or at the rate of $22.00 per acreper year. Payments will be due annually on the anniversary of the execution date of the2015 Lease.

2. Except as otherwise provided herein, the terms, covenants and conditions of the 2015Lease are incorporated herein by reference, are hereby ratified, approved andconfirmed, and are binding upon the LESSOR and LESSEE.


SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, LESSOR

By: Randall S. Maggard, Chairman

Attest: Bryan K. Beswick, Secretary

(Seal)


Exhibit 2

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BRIAN HAMILTON D.B.A.H2 CATTLE COMPANCY,LESSEE

Attest: By:

(Print Name of Witness) Brian Hamilton


Manager _________ _________

Bureau Chief _________ _________



Exhibit 2

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Exhibit 3

SWF Parcel No. 10-200-1280X

FIRST AMENDMENT TO CATTLE GRAZING LEASE

THIS FIRST AMENDMENT, effective as of the 25th day of October, 2016, by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, having an address of 2379 Broad Street, Brooksville, Florida 34604-6899, hereinafter called the “LESSOR”, and BRIAN HAMILTON, D.B.A. H2 CATTLE COMPANY INC., having an address of 1700 Taylor Road, Bartow Florida 33830, hereinafter called the “LESSEE.”

WITNESSETH:


WHEREAS, the LESSOR AND LESSEE wish to enter into a first amendment to the 2015 Lease to modify the annual rental amount.



1. The LESSEE agrees to pay the LESSOR an annual rental amount of Nine ThousandNine Hundread Dollars ($9,900) for 450 acres per year, or at the rate of $22.00 per acreper year. Payments will be due annually on the anniversary of the execution date of the2015 Lease.

2. Except as otherwise provided herein, the terms, covenants and conditions of the 2015Lease are incorporated herein by reference, are hereby ratified, approved andconfirmed, and are binding upon the LESSOR and LESSEE.


SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT,LESSOR

By: Randall S. Maggard, Chairman

Attest:Bryan K. Beswick, Secretary

(Seal)


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Exhibit 3

BRIAN HAMILTON D.B.A. H2 CATTLE COMPANY,LESSEE

Attest: By:

(Print Name of Witness) Brian Hamilton


Manager _________ _________

Bureau Chief _________ _________



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Item 19

OPERATIONS, LANDS, AND RESOURCE MONITORING COMMITTEE October 25, 2016 Consent Agenda Approve Sale of Surplus Lands – Lake Hancock (LH-1B), SWF Parcel No. 20-503-252S


· Accept the Offer

· Approve the Contract for Sale and Purchase

· Approve the transfer of all mineral interests to the Buyer

· Authorize execution of the instruments necessary to convey the property

Presenter: Carmen Sanders, Land Resources Manager, Operations and Land Management

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Approve Sale of Surplus Lands – Lake Hancock (LH-1B), SWF Parcel No. 20-503-252S

IntroductionThe District has received an offer to purchase surplus parcel LH-1B from Lew Hall, for$676,101.50. The Contract for Sale and Purchase is attached as Exhibit 1. This reflects an offer price of $23,314 per gross/upland acre. The parcel consists of 29.0 gross acres, of which all are upland cleared and wooded. The property was appraised August 3, 2016 at $465,000.

The District acquired this property under threat of condemnation in 2008 as part the Lake Hancock Lake Level Modification Project. The surplus parcel was part of a much larger and complicated purchase necessary to complete the overall Lake Hancock project. The purchase included 122 acres in fee, 27 acres in flooding easements, as well as 313 acres of mineral rights over other lands purchased as part of the project. The acquisition of this parcel was necessary to complete the overall acquisition. This parcel is irregularly shaped with 30-foot easement access from U.S. 98. A general location map and aerial map have been attached as Exhibits 2and 3. The land is 100 percent useable, with a Future Land Use designation of Residential Low(RL-1X) which governs the zoning as shown on Exhibit 4. The Governing Board approved selling the parcel without restrictions to future use.

The Polk County Property Appraiser has valued the parcel at $576,469 for 29 acres.

TOTAL PRICE / VALUE $ GROSS AC. $ NET ACREHigh Offer (Hall) $676,101.50 for 29 ac or $23,314 /ac or $23,314/ac for 29 ac - 100% UplandsAdditional Offer (Collins) $550,000 for 29 ac or $18,966 /ac or $18,966/ac for 29 ac - 100% Uplands

Just Value $576,469 for 2 9 ac or $19,878/ac or $19,878/ac for 29 ac - 100% Uplands

Appraisal $465,000 for 29 ac or $16,034/ac or $16,034/ac for 29 ac - 100% Uplands

Management / Maintenance Costs Recent costs for maintaining the tract have been $4,500 per year.

Surrounding Land UsesThe area surrounding the property is comprised of District land and acreage home sites with vacant commercial acreage within the Bartow City limits on the west side of U.S. 98.

Zoning and Future Land UseThe property has a Future Land Use designation of Residential Low (RL-1X) which governs the zoning. The zoning allows one conventional dwelling unit per 40,000 square feet as a permitted use with other permissible conditional uses requiring various approval levels. Development is

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also governed by the U.S. Highway 98 Selected Area Plan. Subdivision of the tract into more than two parcels is unlikely, as the Fort Fraser Trail lies between the property and U.S. 98, and access is by a 30-foot wide easement. The Selected Area Plan requires that all tracts in a development “shall be accessible by a means other than an easement”; therefore, the easement access would limit development to possibly one division of the parcel.

Staff had discussions with Polk County and City of Bartow planning staff to discuss development activities within the U.S. 98 corridor proximate to the Ellsworth surplus property. Both indicated that no current or expected development plans are in process in the immediate area, but that the Comprehensive Plans for both jurisdictions have Future Land Use designations in place that would accommodate the potential for future growth within this portion of the U.S. 98 corridor. Both expressed that any significant growth within this portion of the corridor would likely be more than several years out.

Polk County generally concurred with the findings of the appraisal. Limiting factors for the parcel’s development continue to be its separation from and the need for improved access to U.S. 98, which is currently accomplished via easement. A further limiting factor for development of the property, especially to achieve higher densities, is the availability of central water and sewer services. Water services are available across U.S. 98, but would require jack and bore under the highway and Fort Frasier Trail to the site, with sewer services requiring extension of lines from approximately a mile south of the property along the eastern side of U.S. 98.

In summary, the property has the potential for future development given its location and Future Land Use designation. However, lack of current development interest in the immediate area, extension of central water and sewer services to the site, and resolution of issues to provide for more practical access largely preclude the potential for cost-effective, near-term development of the property.

Utilities/Public ServicesThe property is located in the City of Bartow service area, but public water and sewer are not currently extended to this site. The site could utilize a private well and septic system.

Flood DataBased on FEMA mapping, the appraiser states that the property is located entirely in flood zone “X”.

District SurplusThis property was identified and recommended for surplus as the Lake Hancock Lake Level Modification Project has been constructed and this portion of the parent tract is not needed for project purposes. Additionally, the property has a low resource value. Information about this property was made available for public comment through the District’s Surplus Lands Assessment webpage and public input meetings held throughout the District. The GoverningBoard declared this property surplus at its meeting on July 30, 2013. Upon declaration as surplus,the necessary due diligence was performed and the property was subsequently advertised to thepublic for offers through an Invitation to Submit Offers (ITS) process. The ITS was posted onJanuary 31, 2014 and bids were opened March 4, 2014. No bids were received at that time.Subsequently, an offer of $350,050, which met the minimum threshold of appraised value was received but rejected. Recently, the adjacent owner to the north offered the updated appraised value of $450,000, and soon thereafter another potential buyer offered $465,000. Both of these potential buyers have increased their offers through sealed bids resulting in the current high offerby the adjacent owner.

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AppraisalThe sale of surplus property first involves setting a minimum price which is supported by obtainingan appraisal of the property. Statutory requirements necessitate obtaining an additional appraisalif the date of valuation is greater than 360 days before the date of the contract. The necessary appraisal, dated August 3, 2016, was performed by Nicholas J. Mancuso, MAI with Mancuso Appraisal Services, Inc. The appraisal meets the necessary legal or District requirements andcontains sufficient factual data to support the value conclusion. The appraisal report is available upon request.

The highest and best use determined by the appraiser was based on the physically possible, legally permissible and financially feasible uses for this property. The highest and best use was determined to be for a single family estate home site with a possible split into two parcels. The appraiser considered the property’s location, zoning, legally permissible uses, and physical characteristics. The appraiser’s analysis and research mirrored the staff findings as to Zoning and Future Land Use and resulted in the Highest and Best Use opinion on which his appraised value is based.

The appraiser applied the Sales Comparison Approach (Market Approach) to determine the valueof the property. Three comparable sales and a current listing are referenced in the appraisal. Thecomparable properties are located in Polk County. The comparable sales ranged in size from5.77 to 25.68 gross acres and were 75 percent to 100 percent useable. The transactions occurred between June 2014 and November 2015. Sales were chosen to reflect the best comparisonsbased on their physical characteristics and development potential. The appraiser developed a value by applying qualitative adjustments to the comparable sales considering the differences in market conditions (time), access, size, and future land use/zoning. The appraised value is based on the upland acres. Following is the sales summary and adjustment grid from the appraisal.

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Summary of Values

Purchase Agreement The District will deliver marketable title free of all encumbrances objectionable to the Buyer.There is to be no adjustment for actual acreage as determined by survey.The Buyer will bear all expenses of the transaction with the exception of the appraisal and initial advertising costs.

Benefits/CostsFunds derived from the sale of surplus land may only be used for the purchase of other lands meeting the criteria in Section 373.139, Florida Statutes, resulting in more effectively meeting the District’s core mission.

Purchase Basis2008

Appraisal5/2016

Offer5/2016

Total $1,848,993 $465,000 $676,101.50

$ Gross/Ac.– 29 $63,758 $16,034 $23,314

$ Net/Ac. – 29 $63,758 $16,034 $23,314

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Attachment: LH-1B Exhibit MinTraq (2740 : Lake Hancock Surplus)

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Date: 11/8/2012, Author: dgillettPath: K:\Mapping\Land_Acq\Projects\Lake_Hancock\DEP_Analysis_Checklist\Surplus\Lake Hancock Parcel 4 Exhibit 1.mxd

Surplus Parcel

SWFWMD Easement

SWFWMD Fee Acquisition

Other Conservation Lands

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Exhibit 4

Land Use/ZoningLake Hancock (LH-1B), SWF Parcel No. 20-503-252S

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Item 21a

GENERAL COUNSEL'S REPORT October 25, 2016 Consent Agenda Initiation and Approval of Rulemaking to Amend Rule 40D-2.091, F.A.C., to Revise Form LEG-R.053.00, Flow Meter Post-Installation Information Reimbursement Form

Rule 40D-2.091, Florida Administrative Code (“F.A.C.”), incorporates by reference forms and instructions that have been approved by the Governing Board and are used in District water use permitting. The District’s Form LEG-R.053.00, Flow Meter Post-Installation Information Reimbursement Form (“Form”), incorporated by reference in 40D-2.091(2)(k), F.A.C., is to be used by a permittee in the Dover/Plant City Water Use Caution Area to request reimbursement of the stated eligible reimbursement amount or attached contractor invoice, whichever is less, for costs associated with the installation of a flow meter.

In order to process reimbursements, the District is required to collect Internal Revenue Service (“IRS”) Form W-9’s to ensure that a permittee has provided an accurate Social Security Number (“SSN”) or Employer Identification Number (“EIN”) (collectively, “taxpayer identification number”) for tax reporting purposes. Section 119.071(5)(a), Florida Statutes (“F.S.”), further provides that when the District collects a taxpayer identification number it must state in writing the purpose for which the number is collected and the applicable federal or state law governing the collection. Since the Form does not currently state the purpose for collecting the taxpayer identification number, District Staff recommend minor revisions to the Form to add the disclaimer required by Section 119.071(5)(a), F.S. Additionally, District staff wish to take this opportunity to update references to the WUP Applicant’s Handbook in the Form to reflect recent revisions and to update the District’s contact information. The proposed revisions to the Form are as follows:

· The disclaimer required by Section 119.071(5)(a), F.S. will be added;

· Separate spaces will be provided for the permittee and the agent’s names to ensure thatthe permittee’s name is not inadvertently omitted when the Form is completed by thepermittee’s agent;

· References to the WUP Applicant’s Handbook will be updated to reflect recent revisions;and

· The District’s contact information will be updated to ensure the appropriate Staff memberreceives the Form.

Because the Form is incorporated by reference in Rule 40D-2.091(2)(k), F.A.C., minor revisions to that rule are also required.

Exhibits with coded language to the Form and Rule 40D-2.091, F.A.C., are included in the Governing Board’s meeting materials. The chart below depicts the current stage of the rulemaking process for this item. See Exhibits

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Item 21a


Approve final rule language and authorize the initiation of rulemaking to amend Rule 40D-2.091, F.A.C., to revise Form LEG-R.053.00, Flow Meter Post-Installation Information Reimbursement Form, and authorize staff to make any necessary clarifying or technical changes that may result from the rulemaking process.

Presenter: Christopher Tumminia, Staff Attorney

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EXHIBIT A

Proposed Amendment to Rule 40D-2.091, Florida Administrative Code, to Revise Form LEG-R.053.00, Flow Meter Post-Installation Information Reimbursement Form

40D-2.091 Publications and Forms Incorporated by Reference.

(1) No change.

(2)(a)–(j) No change.

(k) Flow Meter Post-Installation Information Reimbursement Form, Form No. LEG-R.053.00 ( / )Form No. LEG-R.053.00 (9/12), (http://www.flrules.org )(http://www.flrules.org/Gateway/reference.asp?No=Ref-02199).

(l)–(n) No change.

(3) No change.

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.036, 373.0363, 373.042, 373.0421, 373.079(4)(a), 373.083(5), 373.116, 373.117, 373.1175, 373.118, 373.149, 373.171, 373.185, 373.216, 373.217, 373.219, 373.223, 373.227, 373.228, 373.229, 373.236, 373.239, 373.243, 373.250, 373.705, 373.709, 373.715 FS. History–New 10-1-89, Amended 11-15-90, 2-10-93, 3-30-93, 7-29-93, 4-11-94, 7-15-98, 7-28-98, 7-22-99, 12-2-99, 8-3-00, 9-3-00, 4-18-01, 4-14-02, 9-26-02, 1-1-03, 2-1-05, 10-19-05, 1-1-07, 8-23-07, 10-1-07, 10-22-07, 11-25-07, 12-24-07, 2-13-08, 2-18-08, 4-7-08, 5-12-08, 7-20-08, 9-10-08, 12-30-08, 1-20-09, 3-26-09, 7-1-09, 8-30-09, 10-26-09, 11-2-09, 1-27-10, 4-27-10, 5-26-10, 6-10-10, 6-30-10, 6-16-11, 12-12-11, 10-14-12, 2-7-13, 2-18-13, 5-19-14, 9-29-15, .

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EXHIBIT B – Flow Meter Post-Installation Information Reimbursement Form

LEG-R.053.00 ( / )LEG-R.053.00 (9/12) 40D-2.091(2)(k), F.A.C.40D-2.091(2)(o), F.A.C.

Eligible Reimbursement Amount (ERA): $ ______________ Expected Install Date: _____

District Approval _________________________ Date Issued: _____________________________ WUP Number: DID Number: __ SID Number: _ ______

Return To: Southwest Florida Water Management District (Phone) 1-800-836-0797800-320-3503 (Toll Free) Water Use Permit BureauKevin Coughlin 813-985-7471941-377-3772 Ext. 6553 7601 U.S. Hwy. 301 North6750 Fruitville Road (Fax) 813-367-3054941-341-1294 Tampa, FL 33637-6759Sarasota, Florida 34240-9711

FLOW METER POST-INSTALLATION INFORMATION REIMBURSEMENT FORM

Permittee Section The Permittee requests reimbursement of the stated Eligible Reimbursement Amount or the ATTACHED CONTRACTOR INVOICE (whichever is less) for costs associated with the installation of a flow meter. The Permittee certifies that the flow meter meets the requirements of Section 3.9.4.4.1 of the Water Use Permit Applicant’s Handbook (“Applicant’s Handbook”)Part 4.2 of Section 7.4 of the Water Use Permitting Basis of Review (WUP BOR), was installed per current manufacturers’ specifications with flow straightening vanes, records in gallons, and has a pulse output or other capability of functioning with Automated Meter Reading Equipment to be installed by the District at a future date. Pursuant to Section 3.9.4.4.2 of the Applicant’s HandbookPart 4.2 of Section 7.4 of the WUP BOR, the Permittee will own the meter and be responsible for future operation and maintenance requirements.

Flow Meter Model Installed:_ __________________

Serial Number: __ ___________________ Flow Meter Size (Mainline Diameter): ________

a. Complete below if Permittee is responsible for flow meter installation:

Permittee or Agent Name & Title (if permittee is an entity):

Agent Name & Title (if permittee is an entity): _______________________________________

Permittee or Agent Signature: __________________________________ Date: ___________

b. Complete below if a lessee is responsible for flow meter installation:

Lessee Name: _________ _ _______

Lessee Signature: ____________________________________________ Date: __________

c. Complete below to authorize payment directly to your installation contractor:

Name of Contractor __________________ ___________ Permittee or Lessee initials_____

* Proof of payment to installation contractor will be required unless option “c” above is chosen. ** Final payment will require photographs showing: 1) installed meter; 2) well tag; and 3) replumbing (if required). ** Through submittal of this Form, Permittee authorizes District staff to access the subject property in order to verify

proper installation of the flow meter, well tag, and replumbing (if necessary). *

Check all attachments that are included:

Contractor W-9 Pursuant to Section 119.071(5)(a), Florida Invoice Payment Installation Statutes, the Taxpayer ID Number (SSN or EIN) you

provide will only be used for the purpose of complying with filing requirements imposed by theInternal Revenue Service.

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Item 22

EXECUTIVE DIRECTOR'S REPORT October 25, 2016 Consent Agenda Approve Tentative FY2016-17 Budget Public Hearing Minutes - September 13, 2016


Approve minutes as presented.


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MINUTES OF THE MEETING

FIRST PUBLIC HEARING FOR THE TENTATIVE FISCAL YEAR 2016-17 MILLAGE RATE AND ANNUAL SERVICE BUDGET

AND OTHER BUSINESS MEETING

GOVERNING BOARD SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

TAMPA, FLORIDA SEPTEMBER 13, 2016

The Governing Board of the Southwest Florida Water Management District met at 5:01 p.m. on September 13, 2016 at the Tampa Service Office. The following persons were present:

Board Members Present Randall S. Maggard, Chair Jeffrey M. Adams, Vice Chair Bryan K. Beswick, Secretary Ed Armstrong, Treasurer H. Paul Senft, Member George W. Mann, Member Kelly S. Rice, Member Michelle Williamson, Member Mark Taylor, Member

Board Member via teleconferencing Michael Moran, Member Board Member(s) Absent Michael A. Babb, Member John Henslick, Member

Staff Members Present Brian Armstrong, Executive Director Kurt P. Fritsch, Inspector General Karen West, General Counsel David T. Rathke, Division Director Mark A. Hammond, Division Director Alba E. Más, Division Director Kenneth L. Frink, Division Director John J. Campbell, Division Director Cathy A. Linsbeck, Budget Manager Cara S. Martin, Board & Executive Services Manager

Recorded by: Lori Manuel, Administrative Assistant

A list of others present who signed the attendance roster is filed in the permanent records of the District. This meeting was available for viewing through internet streaming. Approved minutes from previous meetings can be found on the District's Web site (www.WaterMatters.org). 1. Call to Order and Roll Call Chair Maggard called the meeting to order and opened the public hearing. This meeting is

being conducted using communications media technology in order to permit maximum participation of Governing Board members. Ms. Martin called the roll and noted a quorum was present. Chair Maggard then led the invocation and the Pledge of Allegiance to the Flag of the United States of America.

Chair Maggard said this hearing is for the purpose of adopting a tentative millage rate and budget for the Southwest Florida Water Management District, pursuant to Sections 373.536 and 200.065, Florida Statutes, as amended. If any member of the public wishes to address the Governing Board concerning any item listed on the agenda, or any item that does not appear on the agenda, please fill out a speaker’s card and submit it to Ms. Manuel. Members of the public will be called on at the appropriate time during the meeting and will be limited to three minutes per speaker. Chair Maggard relinquished the gavel to Mr. Ed Armstrong, Treasurer and Chair of the Finance/Outreach and Planning Committee.

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Minutes of the Meeting September 13, 2016 Governing Board First Public Hearing and Meeting Page 2 of 4

2. Opening CommentsTreasurer Armstrong stated the purpose of this first Truth in Millage (TRIM) public hearing isto provide an opportunity for the public to speak and ask questions prior to the GoverningBoard’s adoption of a tentative millage rate and budget for Fiscal Year (FY) 2016-17. Asecond public hearing will be held on September 27, 2016, prior to adoption of the final millagerate and budget, and also to be held at the Tampa Service Office.

Treasurer Armstrong said this budget was developed based on current fiscal goals to ensurethe long-term sustainability of our region’s water resources. The proposed budget is $180.1million compared to $184.3 million for the FY2015-16 Adopted Budget. This budget includes$13.3 million for springs protection. Leveraged with an additional $2.8 million from localcooperators, this results in $16.1 million investment for the northern coast springs system.The proposed budget continues a significant level of capital investments in our region toensure the District’s core mission is achieved. Those investments will continue to protect ourwater resources, spur the economy and create jobs.

Treasurer Armstrong stated the non-recurring or projects portion of the budget represents58 percent of the total budget at $104.7 million. This includes grants in support of the District’sCooperative Funding Initiative, land acquisition, as well as funding for District programs suchas Facilitating Agricultural Resource Management Systems (FARMS) and Surface WaterImprovement (SWIM) programs.

The Cooperative Funding grants combined with matching project funds through cooperativepartnerships with public and private partners will result in $120 million total investment forwater resource projects in the region this upcoming fiscal year.

Treasurer Armstrong said the District achieved the following goals with this budget: salariesand benefits are 47 percent of ad valorem; total recurring costs, including salaries and benefitsare 71 percent of ad valorem; and project expenditures are 58 percent of the total budget.This has been done without incurring any debt.

The District’s combined budget for outreach and district management & administrationprograms represents 8% of the FY2017 total budget. This is well below the 15 percentthreshold requiring Legislative Budget Commission approval.

The proposed budget includes $106 million in ad valorem property tax revenue. This is basedon reducing the millage rate from 0.3488 mill to 0.3317 mill, which is a reduction of over4.9 percent. This millage rate is at the rolled-back millage rate. The rolled-back rate is themillage rate that would give the District the same amount of revenue as the current year, plustaxes on new construction. The proposed budget includes $10.1 million for Springs Initiativeand $2.75 million for land management.

Treasurer Armstrong stated the District extends its gratitude to Governor Scott, Departmentof Environmental Projection and the Legislature for these state appropriations.

The District has not received any written comments from the chairs of legislative committeeor subcommittees due by September 5. There have been no proposed changes to theFY2016-17 budget as last presented to the Governing Board on July 26, 2016.

Treasurer Armstrong introduced Mr. John Campbell, Management Services Director, whoproceeded to the required portion of the hearing beginning with agenda item number 3.

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3. Budget OverviewMr. John Campbell, provided an overview of the FY2016-17 budget. He stated the FY2016-17 budget amount is of $180,124,902. No changes have been made to the revenue budgetsince the July 26 Governing Board Meeting.

4. Public Announcement of the Name of the Taxing Authority, Rolled-Back Rate,Percentage Decrease, and Millage Rate to be Levied for Fiscal Year 2016-17Mr. Campbell presented the required public announcement of the name of the taxing authority,the rolled-back rate, the percentage of increase above the rolled-back rate, and the millagerate to be levied for fiscal year 2017, and read into the record as required for the District.

TAXING AUTHORITY ROLLED-BACK RATE

PERCENTAGE OF INCREASE ABOVE ROLLED-BACK RATE MILLAGE RATE

Southwest Florida Water Management District 0.3317 mill 0.0% 0.3317 mill

5. Public Comments

a. Letters/Resolutions ReceivedTreasurer Armstrong noted the letters and resolutions received regarding the tentativemillage rate and budget, if any have been compiled into an Exhibit “A” to Agenda Item 5aand are hereby incorporated, by reference, into the public record of this meeting.

b. Persons Wishing to Address the BoardTreasurer Armstrong stated a Request to Speak was received.

Mr. David Ballard Geddis, Jr., spoke against District ad valorem taxation..

6. Adopt Tentative Fiscal Year 2016-17 Millage Rate

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT RESOLUTION NO. 16-11

ADOPTION OF TENTATIVE MILLAGE RATE FOR FISCAL YEAR 2016-17

This resolution is made a part of these minutes as if set forth in full but, for convenience, is filed in the permanent resolution files of the District.

A motion was made to adopt Resolution No. 16-11, Adoption of Tentative Millage Rate for Fiscal Year 2016-2017, of 0.3317 mill, which was seconded. The motion carried unanimously. (Audio 00:13:19)

7. Adopt Tentative Fiscal Year 2016-17 Budget

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT RESOLUTION NO. 16-12

ADOPTION OF TENTATIVE BUDGET FOR FISCAL YEAR 2016-17


A motion was made to adopt Resolution No. 16-12, Adoption of Tentative Budget for Fiscal Year 2016-17, in the amount of $180,124,902 which was seconded. The motion carried unanimously. (00:13:43)

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8. Announcement of Second and Final Public HearingTreasurer Armstrong announced the second public hearing will be held on September 27,2016 at 5:01 p.m., at the District’s Tampa Service Office. Final action on the FY2016-17budget will be taken at that time.

Treasurer Armstrong relinquished the gavel to Chair Maggard.

9. AdjournmentThere being no further business to come before the Board, a motion was made to adjournthe meeting, which was seconded. Motion carried unanimously and Chair Maggardadjourned the meeting.

The meeting was adjourned at 5:17 p.m.

___________________________________Chair

Attest:

_________________________________

The Southwest Florida Water Management District (District) does not discriminate on the basis of disability. This nondiscrimination policy involves every aspect of the District's functions, including access to and participation in the District's programs and activities. Anyone requiring reasonable accommodation as provided for in the Americans with Disabilities Act should contact the District's Human Resources Bureau Chief, 2379 Broad Street, Brooksville, Florida 34604-6899; telephone (352) 796-7211, ext. 4702, or 1-800-423-1476 (FL only), ext. 4702; TDD (FL only) 1-800-231-6103; or email [email protected]. E

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Item 23

EXECUTIVE DIRECTOR'S REPORT October 25, 2016 Consent Agenda Approve Governing Board Meeting and Final FY2016-17 Budget Public Hearing Minutes - September 27, 2016


Approve minutes as presented.


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GOVERNING BOARDSOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT


The Governing Board of the Southwest Florida Water Management District (District) met for its regular meeting at 3:00 p.m. on September 27, 2016, at the District’s Tampa Office. The following persons were present:

A list of others present who signed the attendance roster is filed in the permanent records of the District. This meeting was available for viewing through Internet streaming. Approved minutes from previous meetings can be found on the District's Web site (www.WaterMatters.org).

PUBLIC HEARING (Audio – 00:00)

1. Call to OrderChair Maggard called the meeting to order and opened the public hearing. Secretary Bryan Beswick stated a quorum was present.

2. Invocation and Pledge of Allegiance Board Member Babb offered the invocation. Chair Maggard led the Pledge of Allegiance to the Flag of the United States of America.

Chair Maggard introduced each member of the Governing Board. He noted that the Board meeting was recorded for broadcast on government access channels, and public input was only taken during the meeting onsite.

Chair Maggard stated that anyone wishing to address the Governing Board concerning any item listed on the agenda or any item that does not appear on the agenda should fill out and submit a “Request to Speak” card. To assure that all participants have an opportunity to speak, a member of the public may submit a speaker’s card to comment on agenda items only during today's meeting. Ifthe speaker wishes to address the Board on an issue not on today's agenda, a speaker’s card may be submitted for comment during "Public Input." Chair Maggard stated that comments would be limited to three minutes per speaker, and, when appropriate, exceptions to the three-minute limit may be granted by the chair. He also requested that several individuals wishing to speak on the same issue/topic designate a spokesperson.

Board Members Present Randall S. Maggard, Chair Jeffrey M. Adams, Vice ChairBryan K. Beswick, SecretaryEd Armstrong, TreasurerH. Paul Senft, MemberMichael A. Babb, MemberGeorge W. Mann, MemberKelly S. Rice, MemberMichael A. Moran, MemberJohn Henslick, MemberMichelle Williamson, MemberMark Taylor, Member

Staff MembersBrian J. Armstrong, Executive DirectorDavid T. Rathke, Division Director Karen E. West, General CounselKurt P. Fritsch, Inspector GeneralJohn J. Campbell, Division DirectorKen L. Frink, Division DirectorMark A. Hammond, Division DirectorAlba E. Más, Division Director

Board’s Administrative SupportCara Martin, Board & Executive Services ManagerLori Manuel, Administrative Assistant

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Minutes of the Meeting September 27, 2016SWFWMD Governing Board Page 2 of 11

3. Employee RecognitionChair Maggard recognized employees who have reached at least 20 years of service with the District and thanked them for their service. The following staff were recognized: Karen Diez; Chris Tomlinson; Mark Luchte and Granville Kinsman.

This item was provided for the Board's information, and no action was required

4. Additions/Deletions to Agenda Section 120.525, Florida Statutes, allows the District to change the published agenda for good cause shown, as determined by the presiding officer.

Mr. Brian Armstrong, Executive Director stated the following item is being deleted from the agenda:

22. Board Designated Encumbrance – Expert Testimony/Analysis and Administrative Law Judge Costs

Treasurer Armstrong requested the following item be moved from Consent to Discussion:

23. Administrative, Enforcement and Litigation Activities that Require Governing Board Approvald. Settlement Agreement Concerning Violation of Terms and Conditions of Perpetual

Conservation Easement – C.W. Deen Family Farm, LLC, SWF Parcel No. 10-200-1173C

5. Public Input for Issues Not Listed on the Published AgendaChair Maggard noted at this time, the public is given an opportunity to comment on any topic not listed on the agenda.

Chair Maggard stated he received four Request to Speak cards.

Mr. Jim Allen spoke regarding a reduction in cattle lease rates.

Mr. Thomas Hallam spoke regarding a reduction in cattle lease rates.

Chair Maggard directed Mr. Frink, Operations Lands & Resource Monitoring Director, to partner with General Counsel and review the lease provisions. Chair Maggard requested this item return to the October Governing Board.

Mr. David Geddes, Jr., spoke against government jurisdiction as related to water.

Mr. Chester Bradshaw spoke against the issuance of Water Use Permit (WUP) 20020576.000 and a request for public hearing.

Ms. Karen West, General Counsel, provided background information regarding WUP 20020576.000. She stated the permit has become final. Ms. West stated the opportunity to request a hearing has passed and there is no basis to revoke the permit.

CONSENT AGENDA Chair Maggard asked that before the Board considers action on the Consent Agenda whether there is anyone in the audience who wishes to address the Board regarding an item listed on the Consent Agenda.

Chair Maggard stated there is a correction to the date in the staff recommendation for the following item. The correction is indicated below:

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13. Human Capital Management (HCM) Budget Transfer & Board EncumbranceStaff recommended the Board transfer and encumber $515,000 previously approved for FY2014-15 FY2015-16 fuel, utilities, photocopier rental and contractual services and authorize the purchase and implementation of the replacement HCM software in FY2016-17.

Chair Maggard said there is good cause to amend the published agenda as allowed by Section 120.525, Florida Statutes. A motion was made to approve the amendments to the published agenda, as amended, which was seconded. The motion carried unanimously. (Audio 00:07:02)

Resource Management Committee6. Five-Year Water Resource Development Work Program

Staff recommended the Board authorize staff to submit the proposed Five-Year Water ResourceDevelopment Work Program to the Florida Department of Environmental Protection for review.

7. MacDill Air Force Base Mangrove Restoration - Cooperator Change (W325)Staff recommended the Board’s approval to amend the current tri-party agreement to remove MacDill AFB as a cooperator and to move forward with Ecosphere as the sole cooperator with the District for this project.

8. Rainbow Springshed Stormwater Retrofits Project – Scope Change (WR04)Staff recommends the Board:1) Approve the revision to the drainage area treated by the project from 137 acres to 180 acres,

which is the measurable benefit in the cooperative agreement.2) Approve the revision to the resource benefit from 250 lbs/yr TN to 308 lbs/yr TN.

9. Initiation and Approval of Rulemaking to Amend Rule 40D-8.624, Florida AdministrativeCode, to Adopt Revised Minimum and Guidance Levels for Horse Lake in HillsboroughCounty (P256)Staff recommended the Board:A. Accept the report entitled, “Proposed Minimum and Guidance Levels for Horse Lake in

Hillsborough County, Florida.”B. Authorize staff to make any necessary minor clarifying edits that may result from the

rulemaking process and to complete report finalization.C. Initiate and approve rulemaking to amend Rule 40D-8.624, F.A.C., to replace the previously

approved Minimum and Guidance Levels with the proposed Minimum and Guidance Levels for Horse Lake in Hillsborough County as shown in the Exhibit.

10. Initiation and Approval of Rulemaking to Amend Rule 40D-8.624, Florida AdministrativeCode, to Adopt Revised Minimum and Guidance Levels for Lake Juanita in HillsboroughCounty (P256)Staff recommended the Board:A. Accept the report entitled, “Proposed Minimum and Guidance Levels for Lake Juanita in

Hillsborough County, Florida.”B. Authorize staff to make any necessary minor clarifying edits that may result from the


approved Minimum and Guidance Levels with the proposed Minimum and Guidance Levels for Lake Juanita in Hillsborough County as shown in the Exhibit.

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11. Initiation and Approval of Rulemaking to Amend Rule 40D-8.624, Florida AdministrativeCode, to Adopt Revised Minimum and Guidance Levels for Rainbow and Little Moon Lake inHillsborough County (P256)Staff recommended the Board:A. Accept the report entitled, “Proposed Minimum and Guidance Levels for Rainbow and Little

Moon Lake in Hillsborough County, Florida.”B. Authorize staff to make any necessary minor clarifying edits that may result from the


approved Minimum and Guidance Levels with the proposed Minimum and Guidance Levels for Rainbow and Little Moon Lakes in Hillsborough County as shown in the Exhibit

12. Initiation and Approval of Rulemaking to Amend Rule 40D-8.624, Florida AdministrativeCode, to Adopt Minimum and Guidance Levels for Lake Eva (Haines City) in Polk County(P256)Staff recommended the Board:A. Accept the report entitled, “Proposed Minimum and Guidance Levels for Lake Eva (Haines

City) in Polk County, Florida”.B. Authorize staff to make any necessary minor clarifying edits that may result from the

rulemaking process and to complete report finalization.C. Initiate and approve rulemaking to amend Rule 40D-8.624, F.A.C., to include the proposed

Minimum and Guidance Levels for Lake Eva in Polk County as shown in the Exhibit.

Finance/Outreach & Planning Committee13. Human Capital Management (HCM) Budget Transfer & Board Encumbrance

Staff recommended the Board transfer and encumber $515,000 previously approved for FY2014-15 FY2015-16 fuel, utilities, photocopier rental and contractual services and authorize the purchase and implementation of the replacement HCM software in FY2016-17.

14. Revise Board Policy 130-1, Disbursement of FundsStaff recommended the Board approve the revisions to Board Policy 130-1, Disbursements of Funds.

15. Budget Transfer ReportStaff recommended the Board approve the Budget Transfer Report covering all budget transfers for August 2016.

Regulation Committee16. Approve Release of Conservation Easement – Tanglewood - Environmental Resource

Permit No. 43027257.004 (Application No. 726147) – Polk CountyStaff recommended the Board approve the requested release of Conservation Easement No. 2006090639.

17. Individual Water Use Permits Referred to the Governing Boarda. WUP No. 20002798.003 - Village of Fenney / RP Fenney, LLC (Sumter County)Staff recommended the Board approve the proposed permit attached as an exhibit and included in the Governing Board meeting materials.

Operations, Lands and Resource Monitoring Committee18. Regional Observation Monitor-Well Program and Central Florida Water Initiative Well

Construction Services Budget Transfer and Board EncumbranceStaff recommended the Board:1. Approve the transfer and encumbrance of $321,121 in current year funds, to roll into FY2017

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(C005-3432) for well construction at the ROMP 131.5 Morriston wellsite in Levy County and the Thornhill wellsite in Polk County.

2. Approve the encumbrance of $139,578 in current year funds, to roll into FY2017 from the CFWIcontracted well construction (C005-3432) for well construction services at yet to be acquired monitor well sites in Polk County for the CFWI.

19. Board Encumbrance for Thirteen-Mile Run Structure Replacement (B831)Staff recommended the Board approve encumbrance of funds in an amount of $250,000 for the Thirteen-Mile Run Structure System (B831), for work to be completed in FY2017

20. Accept Offer of Settlement and Approval of Stipulated Final Judgment, Permanent andTemporary Easements and Encroachment Agreement for a Natural Gas Pipeline to CrossDistrict-Owned Lands in Citrus, Lake, and Marion CountiesStaff recommended the Board:• Accept Sabal Trail’s offer of settlement including full compensation for the easement interests

conveyed, the encroachment agreement, coordination fee and value of timber harvested and approve the stipulated final judgment in the condemnation action; and

• Approve the terms and conditions of the temporary and permanent easements and encroachment agreements and authorize their execution.

21. Acceptance of Easement Donation – Central Florida Water Initiative (CFWI) Project, LakeAmoret, SWF Parcel No. 20-020-126Staff recommended the Board accept the donation of a perpetual easement for the CFWI Project.

General Counsel's Report22. Board Designated Encumbrance -- Expert Testimony/Analysis and Administrative Law

Judge CostsStaff recommended the Board approve the encumbrance of up to $32,216 of FY2015-16 funds to be added to prior year funds currently encumbered, providing a total of up to $71,269 for use in FY2016-17 for expert testimony/analysis and administrative law judge costs.

23. Administrative, Enforcement and Litigation Activities that Require Governing Board Approvala. Interagency Agreement Between the SWFWMD and SFWMD – Designation of Regulatory

Responsibility – Wetland Restoration Project – S.Y. Hartt Ranch - Highlands CountyStaff recommended the Board approve the Interagency Agreement between the South Florida Water Management District and the Southwest Florida Water Management District for Designation of Regulatory Responsibility for S.Y. Hartt Ranch Wetland Restoration Project.

b. Interagency Agreement Between the SJRWMD and the SWFWMD -- Designation ofRegulatory Responsibility – Water Use Permit No. 20010923.001 - Spruce Creek Golf, LLC – Sumter and Marion CountiesStaff recommended the Board approve the Interagency Agreement between the Southwest Florida Water Management District and the St. Johns River Water Management District for Designation of Regulatory Responsibility for a Water Use Permit for Spruce Creek Golf, LLC in Sumter and Marion Counties

c. Approve the District's Annual Regulatory Plan for 2016-2017Staff recommended the Board approve the District’s Annual Regulatory Plan for 2016-2017 and execute the certification required by 120.74(1)(d), F.S.

d. Settlement Agreement Concerning Violation of Terms and Conditions of PerpetualConservation Easement – C.W. Deen Family Farm, LLC, SWF Parcel No. 10-200-1173C

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Staff recommended the Board approve the terms of the proposed Settlement Agreement, and authorize the Executive Director to execute the final Settlement Agreement.

24. Rulemaking – None

Executive Director's Report25. Approve Resolution No. 16-15, Commending Wendy Griffin for Her Service as a Member of

the Southwest Florida Water Management District Governing BoardStaff recommended the Board approve as presented.

26. Approve Resolution No. 16-16, Commending Thomas E. Bronson for His Service as aMember of the Southwest Florida Water Management District Governing BoardStaff recommended the Board approve as presented.

27. Approve Governing Board Meeting Minutes - August 30, 2016Staff recommended the Board approve as presented.

A motion was made and seconded to approve the Consent Agenda as amended. Motion carried unanimously. (Audio 00:21:23)

Chair Maggard relinquished the gavel to the Resource Management Committee Chair Babb who called the Committee meeting to order. (Audio 00:21:37)

Resource Management CommitteeDiscussion28. Consent Item(s) Moved for Discussion – None

29. Clearwater Groundwater Replenishment Project – Phase 3 (N665)Mr. JP Marchand, Water Resource Bureau Chief, provided a presentation that included: adescription of the project; a timeline associated with the project; third party review results; project costs; strategic goals associated with the project; and regional priorities associated with the project.

Mr. Marchand provided an overview of the third party review process. He stated six projects have completed the process and four of those projects had no changes between conceptual costs and third party review costs. He stated one project incurred a 15 percent increase. The project being presented today incurred a 14 percent increase from the conceptual cost. Mr. Marchand stated there are seven projects currently pending in the third party review process. Mr. Marchand outlined the factors considered: cost effectiveness metrics; original conceptual estimate; percentage change; and cooperator performance.

Mayor George Cretekos, City of Clearwater (City), thanked the District for the cooperation the City has received. He stated the City is committed to partnering with the District on this project.

Staff recommended the Board:1. Approve the City’s request to move forward with final design and construction of the Clearwater

Groundwater Replenishment Project (N665).2. Authorize staff to enter into an amendment for the project with a total project budget of

$32,716,000 with the District funding a total of $16,358,000.3. Authorize the amendment to be effective as of the date of the Board’s approval of this request.

A motion was made and seconded to approve staff’s recommendation. Motion carried unanimously. (Audio 00:53:46)

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Submit & File Reports – NoneRoutine ReportsThe following items are provided for the Committee’s information, and no action is required.30. Minimum Flows and Levels Status Report31. Significant Water Resource and Development Projects

Committee Chair Babb adjourned the meeting and relinquished the gavel to the Finance/Outreach & Planning Committee Chair Armstrong. (Audio 00:54:06)

Finance/Outreach & Planning CommitteeDiscussion32. Consent Item(s) Moved for Discussion – None

33. Florida Water Star Program UpdatesMs. Robin Grantham, Senior Communications Coordinator, provided a presentation regarding theFlorida Water Star Program (Program).

Ms. Grantham stated the St. Johns River Water Management District (SJRWMD) initiated theProgram in 2007. She explained this is a statewide program the District began administrating in2008. Ms. Grantham explained the Program is a voluntary water conservation certificationprogram for new residential and commercial developments that meet specific water-efficiencycriteria. The Program partners directly with the builder or developer.

Ms. Gratham outlined the three criteria that must be met to receive the Program certification. Thisincludes: landscape design; irrigation design and indoor appliances and fixtures. She explainedthe components associated with each of these criteria.

Ms. Gratham outlined the outreach involved with this Program. This involves building outreach,accreditation training and sales support. She stated there have been 2,843 homes certified state-wide which includes 1,255 within this District. She stated there have been 21 commercial andinstitutional certifications state-wide which includes 6 within this District. In addition, there is acommunity certification which requires every unit in a building to meet the Program certification.There have been 14 state-wide community certifications and 8 within this District.

Ms. Grantham outlined the costs, incentives, rebates and cooperative funding opportunitiesavailable for this Program.

This item was submitted for the Board’s information, and no action was required.

Submit & File Reports34. Update for Five-Year Strategic Plan

Mr. David Rathke, Employee and External Relations Director, addressed some updates andchanges that he indicated will help clarify information in the Strategic Plan. He asked that anycomments or edits be sent to Ms. Cara Martin by October 14.

35. Inspector General Annual ReportThis item was submitted for the Board’s information, and no action was required.

Routine ReportsThe following items are provided for the Committee’s information, and no action is required.36. Treasurer's Report and Payment Register

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37. Monthly Financial Statement38. Monthly Cash Balances by Fiscal Year39. Comprehensive Plan Amendment and Related Reviews Report

Committee Chair Armstrong adjourned the meeting and relinquished the gavel to the Regulation Committee Chair Senft who called the Committee meeting to order. (Audio 01:13:11)

Regulation CommitteeDiscussion40. Consent Item(s) Moved for Discussion – None

41. Water Use Permitting Citrus Greening UpdateMr. Darrin Herbst, P.G., Water Use Permitting Bureau Chief, provided a presentation. Thisincluded: a history of occurrences in Florida; an overview regarding citrus greening (greening); amap outlining areas affected in Florida; information regarding overpumpage as related to permitsclaiming greening; outreach addressing greening; and results from outreach.

Mr. Herbst outlined some of the outreach efforts which include: the creation of the Greening Team;use of water conserving credits; holding stakeholder meetings; coordinating meetings withpermittees with use of the Facilitating Agricultural Resource Management Systems (FARMS) team;Mobile Irrigation Lab (MIL) evaluation; meter accuracy evaluation; review of current permit statusand co-funding of studies associated with the University of Florida Institute of Food and Sciences(UF/IFAS).

Mr. Herbst explained that as a result of some of the UF/IFAS studies it was determined that citrustrees infected with greening require 20 percent less water but more frequent irrigation applicationsdue to the restricted ability to uptake water and nutrients. He also explained the outreach providedby staff has resulted in 16 MIL audits, 12 meetings with permittees, 20 permit overpumpageresolutions, five permits that were modified, two permits with irrigation/conservation improvementsand one permit that remains in overpumpage status.

This item was provided for the Committee's information and no action was required.

42. Denials Referred to the Governing BoardIf any denials are requested to be referred to the Governing Board, these will be presented at themeeting.

Submit & File Reports – None

Routine ReportsThe following items are provided for the Committee’s information, and no action is required.43. Overpumpage Report44. Individual Permits Issued by District Staff

Committee Chair Senft adjourned the meeting and relinquished the gavel to the Operations, Lands and Resource Monitoring Committee Chair Beswick who called the Committee meeting to order. (Audio 01:30:05)

Operations, Lands and Resource Monitoring CommitteeDiscussion45. Consent Item(s) Moved for Discussion – None

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46. Hydrologic Conditions ReportMr. Granville Kinsman, Hydrologic Data Manager, presented the hydrologic conditions report. Heexplained for the month of August, most regions experienced normal rainfall, with the exception ofthe southern region which had below normal conditions. Rainfall associated with HurricaneHermine showed the greatest accumulation in the central counties. Groundwater levels in thenorthern counties are now well within the normal range. Groundwater levels in the central andsouthern counties are in the upper normal to high range. Lake levels in the northern regionexperienced a sharp rise in September and are at the bottom of thenormal range. Tampa Baylakes, Polk Upland lakes, and Lake Wales Ridge lakes all remain in the normal range. TheWithlacoochee River is near the bottom of the normal range, while the Hillsborough, Alafia andPeace Rivers remain in the upper range of normal. The Bill Young Reservoir is full and PeaceRiver Reservoir is now at a record high capacity. The Climate Prediction Center is forecastingnormal rainfall for October through December. The La Niña forecast is neutral, which may lessenthe impact of drier-than-normal conditions predicted for the winter and spring.

Mr. Kinsman stated September is the peak of hurricane season, but that the season extends untilthe end of November. He indicated there is a potential hurricane developing in the Atlantic.

This routine report provided information on the general state of the District’s hydrologic conditions,by comparing rainfall, surface water, and groundwater levels for the current month to comparabledata from the historical record. This item was presented for the Board’s information, and no actionwas required.

Mr. Joseph Quinn, AICP, Emergency Coordinating Officer, provided a presentation regarding theDistrict’s response to Hurricane Hermine. The presentation included: the emergency operationsrole; the emergency operations organizational chart; background information on HurricaneHermine; and the District’s response to Hurricane Hermine.

This item was provided for the Board's information only, and no action was required.

Submit & File Reports – None

Routine ReportsThe following items are provided for the Committee’s information, and no action is required.47. Structure Operations48. Significant Activities

Committee Chair Beswick adjourned the meeting and relinquished the gavel. (01:44:13)

General Counsel’s ReportDiscussion49. Consent Item(s) Moved for Discussion23. Administrative, Enforcement and Litigation Activities that Require Governing Board

Approvald. Settlement Agreement Concerning Violation of Terms and Conditions of Perpetual

Conservation Easement – C.W. Deen Family Farm, LLC, SWF Parcel No. 10-200-1173CStaff recommended the Board approve the terms of the proposed Settlement Agreement, andauthorize the Executive Director to execute the final Settlement Agreement.

Treasurer Armstrong asked how the District monitors compliance and ensures the terms of aconservation easement agreement are met.

Mr. Ken Frink, Operations Lands & Resource Monitoring Director, explained this particulareasement was purchased in 1999. This was one of the first easements the District acquired

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and there was no established criteria for monitoring. Mr. Frink stated that written policies have now been established which require: easements be entered into the District’s Geographic Information System (GIS); each conservation easement has a written profile; creation of a baseline inventory which outlines what the District purchased; and annual inspection for easements are required.

A motion was made and seconded to approve staff’s recommendation. Motion carried unanimously. (Audio 01:47:49/1:49:12)

Submit & File Reports – NoneRoutine ReportsThe following items are provided for the Committee’s information, and no action is required.

50. September 2016-Litigation ReportMs. Karen West, General Counsel, updated the Board on several litigation issues.

Ms. West explained that a former employee filed an administrative challenge and will go in front of the Division of Administrative Hearings (DOAH) to rebut any stigmatizing information in their District personal file.

Ms. West explained an administrative petition has been filed challenging a District notice for a permanent agricultural exemption issued to Cargore Partners Seven Long Bar Point. This is being reviewed for efficiency and has not been referred to DOAH.

Ms. West explained a personal insurance claim has been filed by a driver and a passenger of a vehicle involved in an automobile accident involving a District vehicle in 2014.

Ms. West explained a Bert Harris Property Rights claim has been submitted by a property owner that claims on two separate occasions the District authorized two Emergency authorizations for pumping by Hillsborough County that impacted his ability to use, sell or market his property. He is requesting $960,000 in compensation. The District has six months to respond.

51. September 2016- Rulemaking Update

Committee Liaison Reports 52. Joint Agricultural/Green Industry Advisory Committee

A written report was provided to the Board Members from the September 8, 2016 meeting.

53. Other Committee/Liaison Report

Executive Director’s Report54. Executive Director's Report

Mr. Armstrong reminded the Board there will be a reuse workshop that will be presented at the October Governing Board meeting.

Chair’s Report 55. Chair's Report

The October 25 Board Meeting will be in Brooksville. The November 13 and December 15 Board meetings will be in the Tampa office.

56. OtherMs. Cara Martin stated packets were distributed to Board Members that contain the annual performance evaluation for the Inspector General. Ms. Martin asked that these be completed and returned by October 14.

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57. Employee MilestonesThis item was presented for the Board’s information, and no action was required.

The meeting was recessed at 4:54 p.m.

________________________________________ Chair

Attest:

_________________________________________Secretary

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FINAL PUBLIC HEARING FOR THE FISCAL YEAR 2016-17MILLAGE RATE AND ANNUAL SERVICE BUDGET

GOVERNING BOARDSOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT


The Governing Board of the Southwest Florida Water Management District met at 5:01 p.m. on September 27, 2016 at the Tampa Service Office. The following persons were present:

Board Members Present Randall S. Maggard, Chair Jeffrey M. Adams, Vice ChairBryan K. Beswick, SecretaryEd Armstrong, TreasurerH. Paul Senft, MemberMichael A. Babb, MemberGeorge W. Mann, MemberKelly S. Rice, MemberMichael A. Moran, MemberJohn Henslick, MemberMichelle Williamson, MemberMark Taylor, Member

Staff Members PresentBrian J. Armstrong, Executive DirectorDavid T. Rathke, Chief of StaffKaren E. West, General CounselKurt P. Fritsch, Inspector GeneralJohn J. Campbell, Division DirectorKen L. Frink, Division DirectorMark A. Hammond, Division DirectorAlba E. Más, Division Director

Board’s Administrative SupportCara Martin, Board & Executive Services ManagerLori Manuel, Administrative Assistant

A list of others present who signed the attendance roster is filed in the permanent records of the District. This meeting was available for viewing through internet streaming. Approved minutes from previous meetings can be found on the District's Web site (www.WaterMatters.org).

1. Call to Order and Roll CallChair Maggard called the meeting to order and opened the public hearing. This meeting is being conducted using communications media technology in order to permit maximum participation of Governing Board members.

Ms. Martin called the roll and noted a quorum was present. Chair Maggard then led the invocation and the Pledge of Allegiance to the Flag of the United States of America.

Chair Maggard said this hearing is for the purpose of adopting a tentative millage rate and budget for the Southwest Florida Water Management District, pursuant to Sections 373.536 and 200.065, Florida Statutes, as amended. If any member of the public wishes to address the Governing Board concerning any item listed on the agenda, or any item that does not appear on the agenda, please fill out a speaker’s card and submit it to Ms. Manuel. Members of the public will be called on at the appropriate time during the meeting and will be limited to three minutes per speaker.

Chair Maggard relinquished the gavel to Mr. Armstrong, Treasurer and Chair of the Finance/Outreach and Planning Committee. (01:56:44 combined w/audio from Board meeting)

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Minutes of the Meeting September 27, 2016Governing Board Public Hearing Page 2 of 3

2. Opening CommentsMr. Armstrong said the purpose of this hearing today is to provide an opportunity for the public to speak and ask questions prior to the Governing Board’s adoption of a final millage rate and budget for fiscal year 2016-17.

Mr. Armstrong said this budget was developed based on current fiscal goals to ensure the long-term sustainability of our region’s water resources. The tentative budget is $180.1 million.

The proposed budget includes $106 million in ad valorem property tax revenue. This is based on reducing the millage rate from 0.3488 mill to 0.3317 mill, which is a reduction of 4.9 percent.This millage rate is at the rolled-back millage rate. The rolled-back rate is the millage rate that would give the District the same amount of revenue as the current year, plus taxes on new construction.

The District has not received written disapproval of any provision in the tentative budget from the Executive Office of the Governor or the Legislative Budget Commission.

Mr. Armstrong introduced Mr. John Campbell, Director of Management Services, who proceeded to the required portion of the hearing beginning with agenda item number 3.

3. Budget Overview Mr. John Campbell, Director of Management Services, presented the rolled-back rate

TAXING AUTHORITYROLLED-BACK

RATEPERCENTAGE OF INCREASE ABOVE

ROLLED-BACK RATEMILLAGE RATE

Southwest Florida Water Management District 0.3317 mill 0.0% 0.3317 mill

4. Public Announcement Mr. Campbell presented the required public announcement of the name of the taxing authority, the rolled-back rate, the percentage of increase above the rolled-back rate, and the millage rate to be levied for fiscal year 2017, and read into the record as required for the District.

5. Reconciliation of Tentative to Final Fiscal Year 2015-16 Budget Mr. Campbell stated there have been no changes to the budget since the tentative budget was adopted at the September 13, 2016 public hearing.

6. Public Comments

a. Letters/Resolutions ReceivedMr. Armstrong noted the letters and resolutions received regarding the tentative millage rate and budget, if any have been compiled into an Exhibit “A” to Agenda Item 6a and are hereby incorporated, by reference, into the public record of this meeting.

b. Persons Wishing to Address the BoardMr. Armstrong stated he received one Request to Speak card.

Mr. David Geddis spoke against the ad valorem tax levied by the District.

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Minutes of the Meeting September 27, 2016Governing Board Public Hearing Page 3 of 3

7. Adopt Final Fiscal Year 2016-17 Millage Rate

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICTRESOLUTION NO. 16-13

ADOPTION OF FINAL MILLAGE RATE FOR FISCAL YEAR 2016-17


A motion was made to adopt Resolution No. 16-13, Adoption of the Final Millage Ratefor Fiscal Year 2016-2017, of 0.3317 mill, which was seconded. The motion carried unanimously. (Audio 02:03:46)

8. Adopt Final Fiscal Year 2016-17 Budget

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICTRESOLUTION NO. 16-14

ADOPTION OF FINAL BUDGET FOR FISCAL YEAR 2016-17


A motion was made to adopt Resolution No. 16-14, Adoption of Final Budget for Fiscal Year 2016-17, in the amount of $180,124,902 which was seconded. The motion carriedunanimously. (02:04:10)

9. Introduce All Materials as Composite ExhibitMr. Armstrong stated the record will reflect all materials presented this afternoon are part ofthe permanent record of the public hearing.

Mr. Armstrong relinquished the gavel to Chair Maggard.

10. AdjournmentThere being no further business to come before the Board, a motion was made to adjournthe meeting, which was seconded. Motion carried unanimously and Chair Maggardadjourned the meeting. (02:05:12)

The meeting was adjourned at 5:05 p.m.

___________________________________Chair

Attest:

_________________________________

The Southwest Florida Water Management District (District) does not discriminate on the basis of disability. This nondiscrimination policy involves every aspect of the District's functions, including access to and participation in the District's programs and activities. Anyone requiring reasonable accommodation as provided for in the Americans with Disabilities Act should contact the District's Human Resources Bureau Chief, 2379 Broad Street, Brooksville, Florida 34604-6899; telephone (352) 796-7211, ext. 4702, or 1-800-423-1476 (FL only), ext. 4702; TDD (FL only) 1-800-231-6103; or email [email protected].

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FINANCE/OUTREACH & PLANNING COMMITTEE

Discussion Items

24. Consent Item(s) Moved for Discussion ........................................................................................98

25. Investment Strategy Quarterly Update.........................................................................................99

26. Fiscal Year 2018 Business Plan Update .....................................................................................100

27. Development of Preliminary Fiscal Year 2018 Budget ................................................................101

28. Fiscal Year 2017 Annual Audit Plan ............................................................................................103

29. 2016 Employee Evaluation for the Inspector General .................................................................106

Submit & File Reports

30. Self-Funded Health Insurance Plan .............................................................................................107

Routine Reports

31. Treasurer’s Report and Payment Register ..................................................................................111

32. Monthly Financial Statement ........................................................................................................125

33. Monthly Cash Balances by Fiscal Year .......................................................................................130

34. Comprehensive Plan Amendment and Related Reviews Report ...............................................132

Item 24

FINANCE/OUTREACH & PLANNING COMMITTEE October 25, 2016 Discussion Item Consent Item(s) Moved for Discussion


Presenter: David T. Rathke, Director, Employee and External Relations

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Item 25

FINANCE/OUTREACH & PLANNING COMMITTEE October 25, 2016 Discussion Item Investment Strategy Quarterly Update

Purpose Provide quarterly update of the investment portfolio.

Background Board Policy 130-3 requires quarterly investment reports that shall include the following:

1. A listing of individual securities by class and type held at the end of the reporting period.2. Percentage of available funds represented by each investment type.3. Coupon, discount, or earning rate.4. Average life or duration and final maturity of all investments.5. Par value and market value.6. In addition to the standard gross-of-fee-performance reporting that is presented, net-of-fee

performance will be provided by the Investment Manager.7. A summary of District’s investment strategy.8. The year-end quarterly report ended September 30th will show performance on both a book

value and total rate of return basis and will compare the results to the portfolio’sperformance benchmarks. All investments shall be reported at fair value per GASBstandards. Investment reports shall be available to the public.

Exhibit will be provided under separate cover.


Accept and place on file the District's Quarterly Investment Reports for the quarter ended September 30, 2016.


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Item 26

FINANCE/OUTREACH & PLANNING COMMITTEE October 25, 2016 Discussion Item Fiscal Year 2018 Business Plan Update

Purpose To provide the Board with an update to the Fiscal Year (FY) 2018 Business Plan Executive Summary.

Background/History The Business Plan serves as a guide for business operations at the District. The Plan also provides direction and information to management, employees and stakeholders with respect to scheduling priorities and setting performance measures. The Plan ensures continued efficiency gains, effective organizational improvements, and alignment with the District’s Strategic Plan.

The current update focuses on the FY 2018 Business Plan Executive Summary and includes updates to the resource requirements including personnel, equipment, and additional project needs, as well as a revised analysis of the District’s changing workforce with a focus on trends in employee turnover.

Benefits/Costs Implementation of the District’s Business Plan will enhance the ability to forecast financial, operational and staffing resources necessary to meet the Districts initiatives and goals as outlined in the Strategic Plan.

Exhibit will be provided under separate cover.



Presenter: James Fine, Office Chief, Project Management Office

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Item 27

FINANCE/OUTREACH & PLANNING COMMITTEE October 25, 2016 Discussion Item Development of Preliminary Fiscal Year 2018 Budget

Purpose Present the general budget assumptions for development of the District’s preliminary budget for fiscal year (FY) 2018.

Background Pursuant to Section 373.535, Florida Statutes, the water management districts (WMDs) are required to submit a preliminary budget for the next fiscal year to the Florida Legislature for review by January 15. The statutory language specifies the information to be included in the preliminary budget submission. The President of the Senate and the Speaker of the House of Representatives may submit comments regarding the preliminary budgets to the WMDs on or before March 1 of each year. Each WMD must respond to those comments in writing on or before March 15 of each year.

To initiate the preliminary budget development process, staff will provide the Governing Board an overview of factors affecting budget development and recommend acceptance of the general budget assumptions necessary to prepare the District’s preliminary budget for FY2018. The FY2018 preliminary budget will be submitted to the Department of Environmental Protection and the Executive Office of the Governor (EOG) the first week of December for initial review and comment. In December, staff will provide the preliminary budget to the Governing Board, including any furnished comments, with a request to approve for submission to the Legislature by January 15, 2017.

The recurring portion of the preliminary budget includes District staff’s current estimates to support District operations. As we proceed through the budget development process, staff will continue to look for opportunities to gain efficiency. The non-recurring portion of the budget includes FY2018 cooperative funding requests which have not been evaluated by District staff. Staff will recommend including all cooperative funding project requests received from cooperators, and Executive-approved District initiative project requests for inclusion in the FY2018 preliminary budget.

The development of the District’s final budget will begin in February 2017. All budget requests will be subject to Governing Board review and approval during the development of the final budget for FY2018, including the tentative budget submission to the EOG and Legislature by August 1, 2017.


Accept the general budget assumptions as outlined in the October 25, 2016 budget presentation for development of the District’s preliminary FY2018 budget.

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Presenter: John J. Campbell, Division Director, Management Services, and Cathy A. Linsbeck,

Budget Manager

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Item 28

FINANCE/OUTREACH & PLANNING COMMITTEE October 25, 2016 Discussion Item Fiscal Year 2017 Annual Audit Plan

In accordance with District Governing Board (Board) Policies 140-1 and 140-3 and Sections 373.079(4) and 20.055, Florida Statutes, the inspector general is required to submit a proposed audit plan for review and approval by the Governing Board’s Finance, Planning and Outreach Committee. Through approval of the plan, the Board directs the inspector general’s functional activities and authorizes the inspector general to act. The plan also identifies the inspector general’s annual production goals in accordance with Board Policy 710-2.

Background Inspector General Responsibilities - In accordance with the aforementioned policies and statutes, the inspector general is responsible for the following:

1. Conduct, supervise, and coordinate audits, investigations, management reviews, and riskassessments relating to District programs and operations for the purpose of promotingeconomy and efficiency or preventing and detecting fraud and abuse.

2. Review the actions taken by the District to enhance program performance and makerecommendations for improvement, if necessary.

3. Ensure effective coordination and cooperation with external auditors, the Auditor General,federal auditors, and other oversight entities.

4. Advise in the development of performance measures, standards, and procedures forevaluation of the District's programs and assess the reliability and validity of the informationprovided by the District regarding the developed measures and standards.

5. Review, as appropriate, rules, policies, procedures, and guidelines relating to the programsand operations of the District and make recommendations concerning their impact.

6. Keep the Board informed concerning fraud, abuses, and deficiencies relating to programsand operations administered or financed by the District.

In addition, the Board has directed the inspector general to work in concert with the executive director to implement the strategic plan, improve business process effectiveness and efficiency, and ensure the District’s long-term vision. For this reason, greater emphasis was placed on developing meaningful performance metrics to focus and evaluate District efforts on the strategic priorities identified by the Board. Similarly, the Board has directed resources to ensure that District policies and procedures will sustain the cultural changes and tone established by the Board. Finally, the Board has historically allowed the inspector general to allocate 25 to 30 percent of planned hours to discretionary services in support of ad hoc requests by the Board and executive management. These requests usually help staff improve operational effectiveness and efficiency.

Inspector General Activities - Each fiscal year, the inspector general designs an annual audit plan that is approved by the Board. The audit plan adheres to Board policy and state statute and

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shows what audits, follow up activities, external audit coordination, performance measure analysis, and policy review services the office intends to provide during the fiscal year. In addition, the audit plan ensures that time is available to address whistle-blower concerns, ad hoc Board member and management requests, and administrative requirements. By including a budget for each audit or activity in both staff hours and estimated dollars, the inspector general establishes benchmarks on which others may judge the audit function’s performance.

Designing an appropriate plan, completing the projects or activities listed in the plan, and meeting the outcome expectations of the Board, executive, and senior management are the inspector general's primary methods for successfully filling and achieving the responsibilities of the office.


Approve the Fiscal Year 2017 Annual Audit Plan as presented in the following exhibit.

Presenter: Kurt P. Fritsch, Inspector General

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Planned projects Start End Hours Cost Performance measures Business Plan - Workload unit benchmarks Oct-16 Aug-17 240 $ 27,487 Gubernatorial / DEP quarterly metrics Oct-16 Sep-17 28 3,207

Assurance and consulting projects Quarterly risk-based transaction tests Oct-16 Jul-17 80 9,162 Whistle-blower complaints / investigations Oct-16 Sep-17 80 9,162 Florida rule 1B26 compliance - Model data Oct-16 Sep-17 48 5,497 Fleet repairs Nov-16 Feb-17 112 12,827 Information technology continuity tests Jan-17 Jun-17 32 33,665 Business operations continuity tests Jan-17 Jun-17 80 9,162

External audit coordination Independent financial Oct-16 May-17 96 10,995 Auditor General performance and compliance Oct-16 Jul-17 284 32,527

Policy, procedure, guideline and rule review Oct-16 Sep-17 96 10,995 Board committee(s) Executive administration Facility, fleet and records Financial Human resources Information technology Land resources Regulatory rules and operating procedures

Other statutory duties Annual audit plan Oct-16 Oct-16 16 1,832 Annual risk assessment(coordinated with business plan) Oct-16 Jan-17 120 13,744 Fraud risk assessment Oct-16 Jan-17 40 4,581 Annual report Sep-17 Sep-17 8 916

Discretionary assistance Oct-16 Sep-17 488 55,891 Strategic / Business plan metric reporting Knowledge management initiative Year-end encumbrance procedures To be requested (reported at year end)

Subtotal -- Planned Projects 1,848 $ 241,653

OIG administration OIG quality assurance program Oct-16 Sep-17 40 Professional training and development Oct-16 Sep-17 40 Leave (Annual, Sick & Holidays) (360 earned) Oct-16 Sep-17 160

Subtotal -- Audit Services Administration 240 Total -- FY2017 Audit Plan 2,088

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Item 29

FINANCE/OUTREACH & PLANNING COMMITTEE October 25, 2016 Discussion Item 2016 Employee Evaluation for the Inspector General

Board Policy No. 710-2 governs the performance evaluation process for the Inspector General. The Policy provides that:

· Each Board member shall independently provide input on the inspector general’sperformance in anticipation of Governing Board approval of the annual employeeevaluation;

· The executive director shall provide input on the 2016 administrative performance of theinspector general;

· With this input, the Governing Board treasurer drafts the inspector general’s 2016evaluation;

· The inspector general shall provide the Board with their proposed goals for 2017,against which they will be reviewed in next year


Approve the 2016 employee evaluation of Inspector General Kurt Fritsch.

Presenter: Ed Armstrong, Board Treasurer

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Item 30

FINANCE/OUTREACH & PLANNING COMMITTEE October 25, 2016 Submit and File Report Self-Funded Health Insurance Plan

Purpose Provide update of the District’s Self-funded Health Insurance Plan.

Background The District moved to a “self-funded” Health Insurance Plan for calendar year 2016. On October 27, 2015, staff presented a recommendation to move to a “self-funded” Health Insurance Plan for calendar year 2016 and adopt a resolution to commit funds in the amount of $1.7 million as a Health Insurance Reserve Fund. The Board approved this action and Resolution No. 15-19.

In a self-funded plan, the insurance company estimates the amount of claims it expects from the District for the upcoming year just as in the fully-funded scenario. The self-funded plan differs in that the District is responsible for paying the claims. If the claims are less than anticipated, the District has additional cash flow or savings to invest. If the claims are greater than anticipated, the District is responsible. To mitigate this risk the District purchased Stop Loss insurance that will cover higher-than-anticipated claims. The insurance company is paid to cover the costs of administering the plan, processing the claims, stop loss insurance, and some level of profit margin.

This item will provide updated data through August 2016 for the Self-funded Health Plan. Future updates will be provided as statistics become available.


Presented for the Committee’s information. No action required.

Presenter: Patrick Herman, Office Chief, Human Resources

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0

500000

1000000

1500000

2000000

2500000

3000000

3500000

4000000

4500000

5000000

Jan 16 Feb 16 Mar 16 Apr 16 May 16 Jun 16 Jul 16

YTD Ben fits Cost by Month

Florida Blue Fully Insured Self Funded/Florida Blue ASO Total Plan Cost

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Attachment: Fully Ins vs Self Funded 2016 (2760 : Self-Funded Health Insurance Plan)

0

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200000

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700000

800000


Monthly Health Benefits Cost

Florida Blue Fully Insured Self Funded/Florida Blue ASO Total Plan Cost

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$400,000

$450,000

$500,000

$550,000

$600,000

$650,000

$700,000


YTD Plan Surplus (Deficit)

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Item 31

FINANCE/OUTREACH & PLANNING COMMITTEE October 25, 2016 Routine Report Treasurer's Report and Payment Register

Purpose Presentation of the Treasurer's Report and Payment Register.

Background In accordance with Board Policy 130-3, District Investment Policy, a monthly report on investments shall be provided to the Governing Board. The Treasurer’s Report as of September 30, 2016, reflects total cash and investments. In accordance with Board Policy 130-1, Disbursement of Funds, all general checks written during a period shall be reported to the Governing Board at its next regular meeting. The Payment Register listing disbursements since last month's report is available upon request. The Payment Register includes checks and electronic fund transfers (EFTs).


These items are presented for the Committee's information, and no action is required.


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SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICTTREASURER'S REPORT TO THE GOVERNING BOARD

CUSTODIAN HELD INVESTMENTSEFFECTIVE

ACCOUNT INTEREST AMORTIZED MARKET ACCRUED % OFNUMBER RATE (%) COST VALUE INTEREST PORTFOLIO

SWFWMD-Enhanced Cash Portfolio (see Attachment A)

7951619 Investments 0.88 $204,385,428 $204,617,683 $579,096 7951619 Cash / Money Market Fund 0.27 30,001 30,001 0

Subtotal $204,415,429 $204,647,684 $579,096 7951619 Accounts Receivable-Trade date prior to 9/30/16, Settlement date after 9/30/16 114 114 0

Total $204,415,543 $204,647,798 $579,096 44.47 SWFWMD- 1-3 Year Portfolio (see Attachment B)

7951620 Investments 1.10 $154,441,538 $154,936,162 $444,918 7951620 Cash / Money Market Fund 0.27 190,260 190,260 0


Total $154,631,835 $155,126,459 $444,918 33.64 SWFWMD- 1-5 Year Portfolio (see Attachment C)

7962855 Investments 1.30 $50,038,762 $50,424,723 $144,727

7962855 Cash / Money Market Fund 0.27 88,225 88,225 0


Total $50,127,008 $50,512,969 $144,727 10.91

TOTAL CUSTODIAN HELD INVESTMENTS $409,174,386 $410,287,226 $1,168,741 89.02

September 30, 2016

ACCOUNTDESCRIPTION

PUBLIC TRUST ADVISORS

Packet Pg. 112

Attachment: 10-16 FO&P-FIN Exhibit Treas Rpt SEP2016 (2722 : Treasurer's Report and Payment Register)

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICTTREASURER'S REPORT TO THE GOVERNING BOARDSeptember 30, 2016

STATE BOARD OF ADMINISTRATION (SBA) INVESTMENT ACCOUNTSEFFECTIVE

ACCOUNT INTEREST PURCHASE MARKET ACCRUED % OFNUMBER RATE (%) COST VALUE INTEREST PORTFOLIO

Florida PRIME (Formerly Local Government Investment Pool) 271413 0.78 $29,808,823 $29,808,823 271414 0.78 8,706,149 8,706,149 271415 0.78 778,990 778,990 271416 0.78 10,879,608 10,879,608 271417 0.78 244,142 244,142 271418 SBA Advanced State Funding (WPSTF AWS) 0.78 53,734 53,734

$50,471,446 $50,471,446 10.98

$459,645,832 $460,758,672 100.002,283,925 2,283,925

$461,929,757 $463,042,597

Weighted average yield on portfolio at September 30, 2016 is 0.99%.

EQUITY - CASH AND INVESTMENTS

DISTRICT AND BASINS District General Fund 367,291,246 79.54%

Restricted for Alafia River Basin 2,308,340 0.50%Restricted for Hillsborough River Basin 43,568,092 9.43%Restricted for Coastal Rivers Basin 924,618 0.20%Restricted for Pinellas-Anclote River Basin 17,615,416 3.81%Restricted for Withlacoochee River Basin 3,531,265 0.76%Restricted for Peace River Basin 3,764,047 0.81%Restricted for Manasota Basin 6,625,231 1.43%

Total District General Fund $445,628,255 96.48%

FDOT Mitigation Program 10,599,174 2.29% Florida Forever Program 5,702,328 1.23%

$461,929,757 100.00%

SBA Advanced State Funding (WRAP)

TOTAL STATE BOARD OF ADMINISTRATION (SBA) ACCOUNTS

TOTAL INVESTMENTSCASH, SUNTRUST DEMAND ACCOUNT

TOTAL CASH AND INVESTMENTS

TOTAL EQUITY IN CASH AND INVESTMENTS

STATE BOARD OF ADMINISTRATION

SBA General InvestmentsSBA Land ResourcesSBA Advanced State Funding (Eco System Trust Fund) SBA Advanced State Funding (FDOT)

ACCOUNTDESCRIPTION

Packet Pg. 113


AGCY BONDIdentifier,Description,Security Type

Coupon Type Callable Duration S&PRating,Moody'sRating

Current Units EffectiveMaturity,Final Maturity

Book Yield,Yield

Accrued Balance Book Value,Book Value + Accrued

Market Value,Market Value + Accrued

3137EADS5FREDDIE MACAGCY BOND

Fixed N 0.039 AA+Aaa

7,000,000.00 10/14/201610/14/2016

0.5720.436

28,413.19 7,000,751.617,029,164.81

7,001,190.007,029,603.19

3130A42K7FEDERAL HOME LOAN BANKSAGCY BOND


8,750,000.00 02/02/201702/02/2017

0.6010.403

8,962.67 8,750,697.998,759,660.67

8,756,562.508,765,525.17

3137EADX4FEDERAL HOME LOAN MORTGAGE CORPAGCY BOND


5,000,000.00 12/15/201712/15/2017

1.050.713

14,722.22 4,996,993.385,011,715.60

5,017,250.005,031,972.22

3133EDXA5FEDERAL FARM CREDIT BANKS FUNDING CORPAGCY BOND


2,000,000.00 10/10/201710/10/2017

0.9990.77

10,925.00 2,003,069.092,013,994.09

2,007,760.002,018,685.00

3133EFEM5FEDERAL FARM CREDIT BANKS FUNDING CORPAGCY BOND

Fixed N 0.98 AA+Aaa

2,750,000.00 09/25/201709/25/2017

0.7750.734

412.50 2,753,367.102,753,779.60

2,754,482.502,754,895.00

3137EACA5FREDDIE MACAGCY BOND


5,000,000.00 03/27/201903/27/2019

1.2010.946

2,083.33 5,311,590.495,313,673.82

5,344,400.005,346,483.33

3137EADV8FREDDIE MACAGCY BOND


5,000,000.00 07/14/201707/14/2017

0.7430.626

8,020.83 5,000,264.365,008,285.19

5,004,850.005,012,870.83

3130A6SW8FEDERAL HOME LOAN BANKSAGCY BOND


7,400,000.00 12/19/201712/19/2017

1.1210.757

20,966.67 7,389,220.157,410,186.81

7,421,756.007,442,722.67



3,000,000.00 12/19/201712/19/2017

1.000.757

8,500.00 3,000,000.003,008,500.00

3,008,820.003,017,320.00

Security Type GASB 40 Trade Date SWFWMD (37141)As of 09/30/2016 Return to Table of Contents Dated: 10/04/2016

12

Attachment A


CORP

Identifier,Description,Security Type



Book Yield,Yield





1,500,000.00 12/19/201712/19/2017

1.0740.757

4,250.00 1,498,662.741,502,912.74

1,504,410.001,508,660.00

313371PV2FEDERAL HOME LOAN BANKSAGCY BOND


10,000,000.00 12/09/201612/09/2016

0.6830.401

50,555.56 10,017,691.9910,068,247.55

10,023,400.0010,073,955.56

3134G9Q67FEDERAL HOME LOAN MORTGAGE CORPAGCY BOND

Fixed Y 0.651 AA+Aaa

5,000,000.00 07/27/201807/27/2018

1.051.065

9,333.33 5,000,000.005,009,333.33

4,998,650.005,007,983.33

313380EC7FEDERAL HOME LOAN BANKSAGCY BOND


1,500,000.00 09/08/201709/08/2017

0.8030.752

718.75 1,499,263.651,499,982.40

1,499,970.001,500,688.75

3137EADN6FEDERAL HOME LOAN MORTGAGE CORPAGCY BOND


7,000,000.00 01/12/201801/12/2018

0.9710.773

11,520.83 6,980,408.996,991,929.83

6,997,970.007,009,490.83

3137EADN6FEDERAL HOME LOAN MORTGAGE CORPAGCY BOND


3,000,000.00 01/12/201801/12/2018

0.9680.773

4,937.50 2,991,716.952,996,654.45

2,999,130.003,004,067.50

3130A6AE7FEDERAL HOME LOAN BANKSAGCY BOND

Fixed N 1.93 AA+Aaa

4,900,000.00 09/14/201809/14/2018

0.8620.898

2,603.13 4,924,906.044,927,509.16

4,921,462.004,924,065.13

------AGCY BOND

Fixed --- 0.932 AA+Aaa

78,800,000.00 10/07/201710/07/2017

0.870.676

186,925.52 79,118,604.5479,305,530.06

79,262,063.0079,448,988.52




Book Yield,Yield



89114QAQ1TORONTO DOMINION BANKCORP

Fixed N 0.583 AA-Aa1

2,000,000.00 05/02/201705/02/2017

1.2361.007

9,312.50 1,998,705.802,008,018.30

2,001,380.002,010,692.50

05253JAF8AUSTRALIA AND NEW ZEALAND BANKING GROUPLTD (NEWCORP


4,000,000.00 06/13/201706/13/2017

1.2561.088

15,000.00 3,999,829.804,014,829.80

4,004,520.004,019,520.00

94988J5A1WELLS FARGO BANK NACORP

Fixed N 1.29 AA-Aa2

2,000,000.00 01/22/201801/22/2018

1.6651.425

6,325.00 1,999,613.552,005,938.55

2,005,800.002,012,125.00

166764BA7CHEVRON CORPCORP


5,000,000.00 11/16/201811/16/2018

1.261.295

33,562.50 5,055,387.915,088,950.41

5,051,750.005,085,312.50

084664CA7BERKSHIRE HATHAWAY FINANCE CORPCORP

Floating N 0.031 AAAa2

4,000,000.00 01/10/201701/10/2017

0.8330.888

7,421.91 4,000,000.004,007,421.91

4,001,560.004,008,981.91

78010UNX1ROYAL BANK OF CANADACORP


5,000,000.00 01/23/201701/23/2017

1.0671.223

11,333.33 5,002,041.915,013,375.24

4,999,600.005,010,933.33

064159EK8BANK OF NOVA SCOTIACORP

Fixed N 0.524 A+Aa3

2,000,000.00 04/11/201704/11/2017

1.2771.204

11,805.56 1,999,717.932,011,523.49

2,000,480.002,012,285.56

36962G7J7GENERAL ELECTRIC CAPITAL CORPCORP

Fixed Y 0.578 AA-A1

1,150,000.00 04/13/201705/15/2017

1.2550.931

5,430.56 1,149,963.701,155,394.26

1,151,955.001,157,385.56

94974BGB0WELLS FARGO & COCORP

Fixed N 0.929 AA2

2,000,000.00 09/08/201709/08/2017

1.4341.432

1,788.89 1,999,372.272,001,161.16

1,999,400.002,001,188.89

------CORP

--- --- 0.819 AA-Aa3

27,150,000.00 08/13/201708/14/2017

1.2031.168

101,980.24 27,204,632.8727,306,613.12

27,216,445.0027,318,425.24


13

Attachment A


CP

FNMA

MMFUND

US GOV




Book Yield,Yield



19422FNL6Collateralized Commercial Paper Co., LLCCP

Zero Coupon N 0.303 A-1P-1

3,000,000.00 01/20/201701/20/2017

1.0541.064

0.00 2,990,287.492,990,287.49

2,990,199.992,990,199.99

21687AL27Cooperatieve Rabobank U.A.CP


6,500,000.00 11/02/201611/02/2016

0.8544.931

0.00 6,495,088.896,495,088.89

6,471,914.616,471,914.61

19422FQG4Collateralized Commercial Paper Co., LLCCP


2,550,000.00 03/16/201703/16/2017

1.1561.163

0.00 2,536,477.902,536,477.90

2,536,396.442,536,396.44

------CP


12,050,000.00 12/20/201612/20/2016

0.9673.171

0.00 12,021,854.2812,021,854.28

11,998,511.0411,998,511.04




Book Yield,Yield



3136AJB21FN 14M04A AQ2FNMA


118,345.68 12/08/201601/25/2017

0.7591.251

125.47 118,392.32118,517.79

118,279.41118,404.88

31398NXX7FN 10M5 A2FNMA


161,724.68 04/27/201707/25/2020

1.531.484

378.17 162,619.29162,997.46

162,373.20162,751.36

------FNMA


280,070.36 02/27/201702/03/2019

1.2051.386

503.64 281,011.61281,515.25

280,652.60281,156.24




Book Yield,Yield



60934N104FEDR GOV OBLIGATIONS CL IS MMFMMFUND

Fixed N 0.00 AAAmAaa

30,000.69 09/30/201609/30/2016

0.270.27

0.00 30,000.6930,000.69

30,000.6930,000.69



30,000.69 09/30/201609/30/2016

0.270.27

0.00 30,000.6930,000.69

30,000.6930,000.69




Book Yield,Yield



912828D23UNITED STATES TREASURYUS GOV


5,000,000.00 04/30/201904/30/2019

1.0630.865

34,001.36 5,071,394.075,105,395.43

5,096,900.005,130,901.36

912828WS5UNITED STATES TREASURYUS GOV


10,000,000.00 06/30/201906/30/2019

0.8330.874

41,066.58 10,214,571.4110,255,637.99

10,203,500.0010,244,566.58

912828VK3UNITED STATES TREASURYUS GOV


10,200,000.00 06/30/201806/30/2018

0.7340.771

35,443.61 10,313,320.4310,348,764.05

10,306,794.0010,342,237.61


14

Attachment A


Summary

* Grouped by: Security Type. * Groups Sorted by: Security Type. * Filtered By: Description ≠ "Payable" and Description ≠ "Receivable". * Weighted by: Market Value + Accrued, except Book Yield by Base Book Value + Accrued.




Book Yield,Yield



912828UR9UNITED STATES TREASURYUS GOV


2,250,000.00 02/28/201802/28/2018

0.7540.728

1,445.10 2,249,875.432,251,320.53

2,250,697.502,252,142.60

912828J68UNITED STATES TREASURYUS GOV


7,000,000.00 03/15/201803/15/2018

0.9760.733

3,093.92 7,002,394.587,005,488.51

7,027,090.007,030,183.92

912828WH9UNITED STATES TREASURYUS GOV


2,900,000.00 05/15/201705/15/2017

0.8220.549

9,584.58 2,900,946.912,910,531.49

2,905,887.002,915,471.58

912828Q94UNITED STATES TREASURYUS GOV


2,700,000.00 04/30/201804/30/2018

0.7190.742

8,474.18 2,701,325.602,709,799.79

2,700,324.002,708,798.18

912828PF1UNITED STATES TREASURYUS GOV


9,850,000.00 10/31/201710/31/2017

0.8310.704

77,287.70 9,960,439.7110,037,727.41

9,974,307.0010,051,594.70

912828XP0UNITED STATES TREASURYUS GOV

Fixed N 0.83 AA+Aaa

10,250,000.00 07/31/201707/31/2017

0.7270.63

10,793.14 10,241,309.1010,252,102.24

10,249,590.0010,260,383.14

912828RP7UNITED STATES TREASURYUS GOV


2,800,000.00 10/31/201810/31/2018

0.9190.812

20,505.43 2,847,875.802,868,381.23

2,854,152.002,874,657.43

912828SJ0UNITED STATES TREASURYUS GOV


4,250,000.00 02/28/201702/28/2017

0.4860.371

3,184.56 4,256,826.714,260,011.28

4,258,925.004,262,109.56

912828F88UNITED STATES TREASURYUS GOV


10,500,000.00 10/31/201610/31/2016

0.3160.149

16,477.58 10,500,500.1910,516,977.77

10,501,995.0010,518,472.58

912828XA3UNITED STATES TREASURYUS GOV


7,500,000.00 05/15/201805/15/2018

1.0120.753

28,328.80 7,498,544.567,526,873.36

7,529,850.007,558,178.80

---UNITED STATES TREASURYUS GOV


85,200,000.00 02/18/201802/18/2018

0.7660.656

289,686.56 85,759,324.5186,049,011.07

85,860,011.5086,149,698.06




Book Yield,Yield



---------

--- --- 1.055 AAAaa

203,510,071.05 11/07/201711/08/2017

0.8770.88

579,095.97 204,415,428.51204,994,524.47

204,647,683.83205,226,779.80


15

Attachment A


AGCY BONDIdentifier,Description,Security Type



Book Yield,Yield



3130A8DB6FEDERAL HOME LOAN BANKSAGCY BOND


3,990,000.00 06/21/201906/21/2019

1.1390.97

12,468.75 3,988,498.724,000,967.47

4,006,558.504,019,027.25

3135G0ZG1FEDERAL NATIONAL MORTGAGE ASSOCIATIONAGCY BOND


5,000,000.00 09/12/201909/12/2019

0.9671.004

4,618.06 5,113,488.375,118,106.43

5,108,100.005,112,718.06

3135G0J53FEDERAL NATIONAL MORTGAGE ASSOCIATIONAGCY BOND

Fixed N 2.37 AA+Aaa

5,000,000.00 02/26/201902/26/2019

1.0730.94

4,861.11 4,991,361.324,996,222.43

5,007,100.005,011,961.11

3130A5EP0FEDERAL HOME LOAN BANKSAGCY BOND


4,420,000.00 05/30/201705/30/2017

0.6660.599

9,285.07 4,418,803.444,428,088.51

4,420,751.404,430,036.47

3137EADJ5FREDDIE MACAGCY BOND


2,140,000.00 07/28/201707/28/2017

1.0020.624

3,745.00 2,139,962.882,143,707.88

2,146,634.002,150,379.00



1,965,000.00 07/28/201707/28/2017

1.0040.624

3,438.75 1,964,931.981,968,370.73

1,971,091.501,974,530.25



1,035,000.00 07/28/201707/28/2017

1.0080.624

1,811.25 1,034,931.141,036,742.39

1,038,208.501,040,019.75

3130A8BD4FEDERAL HOME LOAN BANKSAGCY BOND


3,270,000.00 06/29/201806/29/2018

0.9920.654

7,312.08 3,263,409.553,270,721.63

3,282,556.803,289,868.88

Security Type GASB 40 Trade Date SWFWMD 1-3 Year (70470)As of 09/30/2016 Return to Table of Contents Dated: 10/11/2016

12

Attachment B


CORP

CP




Book Yield,Yield



------AGCY BOND


26,820,000.00 08/20/201808/20/2018

0.9730.806

47,540.07 26,915,387.3926,962,927.46

26,981,000.7027,028,540.77




Book Yield,Yield



037833AM2APPLE INCCORP

Fixed N 0.592 AA+Aa1

5,475,000.00 05/05/201705/05/2017

1.0680.848

23,154.69 5,474,423.815,497,578.50

5,481,570.005,504,724.69

166764BH2CHEVRON CORPCORP


3,140,000.00 05/16/201905/16/2019

1.5611.355

18,380.78 3,140,000.003,158,380.77

3,156,610.603,174,991.38

89236TCA1TOYOTA MOTOR CREDIT CORPCORP


1,300,000.00 01/12/201801/12/2018

1.4971.154

4,136.53 1,299,232.431,303,368.96

1,304,875.001,309,011.53

459200HZ7INTERNATIONAL BUSINESS MACHINES CORPCORP


5,500,000.00 02/06/201802/06/2018

1.2291.134

9,453.13 5,492,402.575,501,855.70

5,499,285.005,508,738.13

48125LRG9JPMORGAN CHASE BANK NACORP

Fixed Y 2.858 A+Aa3

1,000,000.00 08/23/201909/23/2019

1.6851.539

366.67 998,987.36999,354.02

1,003,150.001,003,516.67

02665WAT8AMERICAN HONDA FINANCE CORPCORP

Fixed N 1.433 A+A1

3,740,000.00 03/13/201803/13/2018

1.5451.214

2,805.00 3,737,571.453,740,376.45

3,755,371.403,758,176.40

02665WAT8AMERICAN HONDA FINANCE CORPCORP

Fixed N 1.433 A+A1

1,800,000.00 03/13/201803/13/2018

1.261.214

1,350.00 1,806,192.441,807,542.44

1,807,398.001,808,748.00

17275RAU6CISCO SYSTEMS INCCORP

Fixed N 1.674 AA-A1

4,740,000.00 06/15/201806/15/2018

1.6561.163

23,028.50 4,739,541.114,762,569.61

4,778,915.404,801,943.90

717081DJ9PFIZER INCCORP

Fixed N 0.619 AAA1

1,200,000.00 05/15/201705/15/2017

1.130.981

4,986.67 1,199,779.511,204,766.18

1,200,888.001,205,874.67

06406HDB2BANK OF NEW YORK MELLON CORPCORP

Fixed Y 1.525 AA1

5,500,000.00 04/22/201805/22/2018

1.6031.213

31,533.33 5,499,736.115,531,269.44

5,532,780.005,564,313.33

94974BEZ9WELLS FARGO & COCORP

Fixed N 0.208 AA2

5,000,000.00 12/15/201612/15/2016

0.9561.087

38,645.83 5,016,988.605,055,634.43

5,015,900.005,054,545.83

46623EJY6JPMORGAN CHASE & COCORP

Fixed N 0.373 A-A3

5,400,000.00 02/15/201702/15/2017

1.3661.219

9,315.00 5,399,671.945,408,986.94

5,402,592.005,411,907.00

------CORP

Fixed --- 1.169 A+A1

43,795,000.00 12/08/201712/12/2017

1.3551.148

167,156.12 43,804,527.3443,971,683.45

43,939,335.4044,106,491.52




Book Yield,Yield



09659BM98BNP ParibasCP


3,800,000.00 12/09/201612/09/2016

1.0053.922

0.00 3,792,716.673,792,716.67

3,771,816.673,771,816.67

09659BM98BNP ParibasCP


3,800,000.00 12/09/201612/09/2016

1.0053.922

0.00 3,792,716.673,792,716.67

3,771,816.673,771,816.67


13

Attachment B


MMFUND

US GOV




Book Yield,Yield





190,259.57 09/30/201609/30/2016

0.270.27

0.00 190,259.57190,259.57

190,259.57190,259.57



190,259.57 09/30/201609/30/2016

0.270.27

0.00 190,259.57190,259.57

190,259.57190,259.57




Book Yield,Yield



912828PY0UNITED STATES TREASURYUS GOV


1,100,000.00 02/28/201802/28/2018

0.700.75

2,590.47 1,131,678.951,134,269.41

1,130,943.001,133,533.47

912828QQ6UNITED STATES TREASURYUS GOV


2,350,000.00 05/31/201805/31/2018

0.7480.763

18,756.66 2,413,081.392,431,838.04

2,412,604.002,431,360.66

912828F39UNITED STATES TREASURYUS GOV


2,375,000.00 09/30/201909/30/2019

0.8920.906

114.18 2,435,137.132,435,251.31

2,434,185.002,434,299.18

912828UA6UNITED STATES TREASURYUS GOV


430,000.00 11/30/201711/30/2017

0.8710.692

903.18 428,775.37429,678.55

429,664.60430,567.78

912828A75UNITED STATES TREASURYUS GOV


8,100,000.00 12/31/201812/31/2018

1.2190.827

30,705.16 8,150,232.928,180,938.08

8,221,176.008,251,881.16



6,800,000.00 12/31/201812/31/2018

1.3480.827

25,777.17 6,822,774.466,848,551.64

6,901,728.006,927,505.17

912828QY9UNITED STATES TREASURYUS GOV


2,500,000.00 07/31/201807/31/2018

0.7220.775

9,476.90 2,569,381.512,578,858.42

2,567,000.002,576,476.90

912828RH5UNITED STATES TREASURYUS GOV


7,000,000.00 09/30/201809/30/2018

0.9360.805

264.42 7,060,719.337,060,983.75

7,079,030.007,079,294.42

912828VK3UNITED STATES TREASURYUS GOV


3,000,000.00 06/30/201806/30/2018

0.7270.771

10,424.59 3,033,686.833,044,111.43

3,031,410.003,041,834.59

912828WL0UNITED STATES TREASURYUS GOV


4,000,000.00 05/31/201905/31/2019

0.9920.863

20,163.93 4,053,247.304,073,411.23

4,067,040.004,087,203.93

912828WL0UNITED STATES TREASURYUS GOV


4,500,000.00 05/31/201905/31/2019

0.9150.863

22,684.43 4,569,113.864,591,798.29

4,575,420.004,598,104.43

912828WD8UNITED STATES TREASURYUS GOV


10,800,000.00 10/31/201810/31/2018

1.1530.811

56,494.57 10,821,389.9110,877,884.48

10,897,848.0010,954,342.57

912828RE2UNITED STATES TREASURYUS GOV


4,200,000.00 08/31/201808/31/2018

1.0570.788

5,395.03 4,235,165.764,240,560.79

4,256,784.004,262,179.03

912828TC4UNITED STATES TREASURYUS GOV


465,000.00 06/30/201906/30/2019

0.9250.859

1,175.14 465,937.30467,112.43

466,780.95467,956.09

912828C65UNITED STATES TREASURYUS GOV

Fixed N 2.45 AA+Aaa

4,485,000.00 03/31/201903/31/2019

1.0450.854

200.22 4,548,980.964,549,181.18

4,570,304.704,570,504.92

912828N55UNITED STATES TREASURYUS GOV


3,000,000.00 12/31/201712/31/2017

0.7060.716

7,581.52 3,010,912.453,018,493.98

3,010,560.003,018,141.52


14

Attachment B


Summary





Book Yield,Yield



912828UU2UNITED STATES TREASURYUS GOV


1,700,000.00 03/31/201803/31/2018

1.0030.732

35.03 1,693,616.881,693,651.91

1,700,459.001,700,494.03



575,000.00 03/31/201803/31/2018

1.0490.732

11.85 572,454.41572,466.26

575,155.25575,167.10

912828VQ0UNITED STATES TREASURYUS GOV


1,600,000.00 07/31/201807/31/2018

1.0390.78

3,706.52 1,609,734.061,613,440.58

1,617,312.001,621,018.52

912828SH4UNITED STATES TREASURYUS GOV


4,500,000.00 02/28/201902/28/2019

1.020.842

5,298.69 4,538,003.264,543,301.95

4,557,285.004,562,583.69

912828TH3UNITED STATES TREASURYUS GOV

Fixed N 2.79 AA+Aaa

5,740,000.00 07/31/201907/31/2019

0.720.867

8,461.82 5,764,883.295,773,345.11

5,741,320.205,749,782.02



79,220,000.00 12/08/201812/08/2018

1.0030.817

230,221.48 79,928,907.3380,159,128.81

80,244,009.7080,474,231.18




Book Yield,Yield



---------

--- --- 1.77 AA-Aa2

153,825,259.57 07/20/201807/21/2018

1.0970.984

444,917.67 154,631,798.30155,076,715.96

155,126,422.04155,571,339.71


15

Attachment B


AGCY BOND

CORP




Book Yield,Yield



3135G0ZG1FEDERAL NATIONAL MORTGAGE ASSOCIATIONAGCY BOND


1,750,000.00 09/12/201909/12/2019

0.9671.004

1,616.32 1,789,720.931,791,337.25

1,787,835.001,789,451.32

3130A8DB6FEDERAL HOME LOAN BANKSAGCY BOND


1,300,000.00 06/21/201906/21/2019

1.1390.97

4,062.50 1,299,510.861,303,573.36

1,305,395.001,309,457.50

3135G0K69FEDERAL NATIONAL MORTGAGE ASSOCIATIONAGCY BOND


1,000,000.00 05/06/202105/06/2021

1.1441.268

4,687.50 1,004,745.471,009,432.97

999,190.001,003,877.50



3,000,000.00 07/28/201707/28/2017

0.8540.624

5,250.00 3,003,589.893,008,839.89

3,009,300.003,014,550.00

------AGCY BOND


7,050,000.00 12/27/201812/27/2018

0.9760.874

15,616.32 7,097,567.157,113,183.47

7,101,720.007,117,336.32




Book Yield,Yield



36962G6P4GENERAL ELECTRIC CAPITAL CORPCORP


1,250,000.00 12/11/201912/11/2019

1.9481.317

8,020.83 1,255,861.491,263,882.32

1,280,525.001,288,545.83


10

Attachment C


MMFUND

US GOV




Book Yield,Yield



89236TAY1TOYOTA MOTOR CREDIT CORPCORP


900,000.00 10/24/201810/24/2018

1.8641.28

7,850.00 902,472.61910,322.61

913,167.00921,017.00

48125LRG9JPMORGAN CHASE BANK NACORP

Fixed Y 2.858 A+Aa3

325,000.00 08/23/201909/23/2019

1.6851.539

119.17 324,670.89324,790.06

326,023.75326,142.92

02665WAZ4AMERICAN HONDA FINANCE CORPCORP

Fixed N 3.788 A+A1

1,250,000.00 09/24/202009/24/2020

2.4351.714

595.49 1,250,685.151,251,280.64

1,285,262.501,285,857.99

857477AV5STATE STREET CORPCORP

Fixed N 4.386 AA1

180,000.00 05/19/202105/19/2021

2.031.778

1,287.00 179,366.63180,653.63

181,373.40182,660.40

17275RAR3CISCO SYSTEMS INCCORP

Fixed N 2.353 AA-A1

1,250,000.00 03/01/201903/01/2019

1.8451.301

2,213.54 1,258,250.561,260,464.10

1,274,450.001,276,663.54

40428HPU0HSBC USA INCCORP

Fixed N 1.808 AA2

1,250,000.00 08/07/201808/07/2018

1.9491.701

3,750.00 1,251,162.801,254,912.80

1,256,775.001,260,525.00

94974BFU9WELLS FARGO & COCORP

Fixed N 2.465 AA2

1,250,000.00 04/22/201904/22/2019

2.0051.571

11,731.77 1,253,728.041,265,459.81

1,267,312.501,279,044.27

46625HJR2JPMORGAN CHASE & COCORP

Fixed N 2.253 A-A3

1,250,000.00 01/28/201901/28/2019

2.0811.618

5,140.63 1,257,594.411,262,735.03

1,270,812.501,275,953.13

------CORP

Fixed --- 2.607 A+A1

8,905,000.00 06/14/201906/15/2019

2.0121.516

40,708.42 8,933,792.578,974,501.00

9,055,701.659,096,410.07




Book Yield,Yield





88,224.51 09/30/201609/30/2016

0.270.27

0.00 88,224.5188,224.51

88,224.5188,224.51



88,224.51 09/30/201609/30/2016

0.270.27

0.00 88,224.5188,224.51

88,224.5188,224.51




Book Yield,Yield



912828SS0UNITED STATES TREASURYUS GOV


5,000,000.00 04/30/201704/30/2017

0.8440.537

18,308.42 5,000,897.535,019,205.95

5,009,850.005,028,158.42

912828VP2UNITED STATES TREASURYUS GOV


955,000.00 07/31/202007/31/2020

1.3041.059

3,217.93 979,767.39982,985.32

988,682.85991,900.78



1,760,000.00 07/31/202007/31/2020

1.5821.059

5,930.43 1,787,225.111,793,155.54

1,822,075.201,828,005.63



1,765,000.00 07/31/202007/31/2020

1.7131.059

5,947.28 1,783,735.831,789,683.11

1,827,251.551,833,198.83

912828S27UNITED STATES TREASURYUS GOV


525,000.00 06/30/202106/30/2021

1.1621.15

1,492.61 524,097.76525,590.37

524,385.75525,878.36


11

Attachment C


Summary





Book Yield,Yield



912828B90UNITED STATES TREASURYUS GOV


1,200,000.00 02/28/202102/28/2021

1.3491.135

2,055.25 1,233,365.521,235,420.77

1,244,580.001,246,635.25

912828B90UNITED STATES TREASURYUS GOV


330,000.00 02/28/202102/28/2021

1.3121.135

565.19 339,710.85340,276.04

342,259.50342,824.69



1,220,000.00 11/30/202011/30/2020

1.2181.10

8,200.00 1,258,624.231,266,824.23

1,264,603.201,272,803.20



900,000.00 11/30/202011/30/2020

1.3671.10

6,049.18 922,987.82929,037.00

932,904.00938,953.18

912828WG1UNITED STATES TREASURYUS GOV


1,000,000.00 04/30/202104/30/2021

1.1511.15

9,415.76 1,048,913.281,058,329.04

1,048,980.001,058,395.76

912828LY4UNITED STATES TREASURYUS GOV

Fixed N 2.95 AA+Aaa

1,175,000.00 11/15/201911/15/2019

0.9870.931

14,978.86 1,261,067.321,276,046.17

1,263,219.001,278,197.86

912828UQ1UNITED STATES TREASURYUS GOV


4,500,000.00 02/29/202002/29/2020

1.2580.981

4,816.99 4,498,787.354,503,604.34

4,540,590.004,545,406.99

912828UQ1UNITED STATES TREASURYUS GOV


1,700,000.00 02/29/202002/29/2020

1.5520.981

1,819.75 1,683,007.801,684,827.55

1,715,334.001,717,153.75



8,690,000.00 03/31/201803/31/2018

1.0490.732

179.05 8,651,528.428,651,707.47

8,692,346.308,692,525.35

912828TR1UNITED STATES TREASURYUS GOV

Fixed N 2.95 AA+Aaa

2,000,000.00 09/30/201909/30/2019

1.1790.897

54.95 1,989,513.451,989,568.40

2,006,100.002,006,154.95

912828WR7UNITED STATES TREASURYUS GOV

Fixed N 4.50 AA+Aaa

1,000,000.00 06/30/202106/30/2021

1.1661.167

5,370.24 1,044,173.491,049,543.74

1,044,140.001,049,510.24



33,720,000.00 06/23/201906/23/2019

1.1840.885

88,401.91 34,007,403.1534,095,805.06

34,267,301.3534,355,703.26




Book Yield,Yield



---------

Fixed --- 2.568 AAAa2

49,763,224.51 05/26/201905/26/2019

1.300.996

144,726.65 50,126,987.3850,271,714.03

50,512,947.5150,657,674.16


12

Attachment C


Item 32

FINANCE/OUTREACH & PLANNING COMMITTEE October 25, 2016 Routine Report Monthly Financial Statement

Purpose Presentation of the September 30, 2016, monthly financial statement.

Background In accordance with Sections 373.536(4)(e) and 215.985(12), Florida Statutes, relating to state financial information with certain financial transparency requirements, the District is submitting a “Preliminary Statement of Sources and Uses of Funds for the Year Ended September 30, 2016.” A full set of financial statements will be prepared and finalized as year-end processes are completed in preparation for the annual audit.




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Preliminary Statement of Sources and Uses of Funds For the Year Ended September 30, 2016

The attached “Preliminary Statement of Sources and Uses of Funds” statement is provided for your review. This is a preliminary financial statement for fiscal year (FY) 2015-16. A full set of financial statements will be prepared and finalized as year-end processes are completed in preparation for the annual financial audit. This preliminary financial statement provides summary-level revenues (i.e., sources) and expenditures by program (i.e., uses).

This financial statement compares revenues recognized and encumbrances/expendituresmade against the District’s FY2015-16 available budget of $324.9 million. Encumbrances represent orders for goods and services which have not yet been received.

Revenues (Sources) Status:

• Overall, as of September 30, 2016, 88 percent of the District’s budgeted revenues/balanceshave been recognized.

• As of September 30, 2016, the District has received $104.8 million of ad valorem taxrevenue representing 101 percent of the budgeted amount. This is in-line with the prioryear collection rates of 101 percent for FY2014-15 and 100 percent for FY2013-14. Thebudget represents 96 percent of the taxable property values as certified by the District’ssixteen counties multiplied by the Governing Board approved millage rate. Projections arebased on historical collections.

• Intergovernmental Revenues are recognized at the time related expenditures are incurred.For FY2015-16, $5.5 million in revenues has been recognized, representing 11 percent ofthe budgeted amount. From year to year, the budgeted amount of intergovernmentalrevenue compared to the recognized amount can fluctuate for various reasons; projectscan be in the planning stages and have not incurred a significant amount of expenditures,or anticipated projects may be canceled (e.g., cooperative funding projects).

• The FY2015-16 interest earnings budget was based on a 0.70 percent expected rate ofreturn. The District’s investment portfolio at September 30, 2016, is earning a weightedaverage yield of 0.99 percent. For the year ended September 30, 2016, the District hasearned 0.99 percent yield on its investments. Interest earnings on invested funds in theamount of $4.7 million, have been recognized representing 152 percent of the budgetedamount.

• License and Permit Fees consist of revenue from water use permits, environmentalresource permits, water well construction permits, and water well construction licenses.Revenue recognized represents 105 percent of the budgeted amount as of September 30,2016.

• As of September 30, 2016, other revenue earned is 709 percent of budgeted amount.Each year, items that fall within the “Other” revenue category are budgeted conservativelydue to the uncertainty of the amounts to be collected. For example, revenues from timbersales, hog hunts, insurance recoveries, legal settlements and the sale of fixed assets canvary significantly from year to year. The majority of the increase is due to a legalsettlement of $2 million along with consent order settlement fees of approximately

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Preliminary Statement of Sources and Uses of Funds For the Year Ended September 30, 2016 2

$172,000, Florida Blue wellness incentive funds of $125,000, land use agreements–cattle of approximately $108,000, sale of fixed assets of approximately $1.2 million and timber revenue of approximately $110,000.

• Fund Balance consists of balance from prior years (budgeted for the current year) plus fund balance associated with the ad valorem funded encumbrances that rolled into the current year.

Expenditures (Uses) Status:

Overall, as of September 30, 2016, the District had obligated 90 percent of its total budget.

Summary of Expenditures by Program This financial statement illustrates the effort to date for each of the District’s six statutory program areas (Section 373.536(5)(e)4, Florida Statutes). A discussion of the expenditures by program follows.

• The Water Resource Planning and Monitoring Program includes all water management planning, including water supply planning, development of minimum flows and levels, and other water resource planning; research, data collection, analysis, and monitoring; and technical assistance (including local and regional plan and program review). Of the $41.6 million budgeted for this program, the District has obligated 89 percent of the budget (58 percent expended and 31 percent encumbered).

• The Land Acquisition, Restoration and Public Works Program includes the development and construction of all capital projects (except for those contained in the Operation and Maintenance of Works and Lands Program), including water resource development projects/water supply development assistance, water control projects, and support and administrative facilities construction, land acquisition (i.e., Florida Forever program), and the restoration of lands and water bodies. Of the $224.1 million budgeted for this program, the District has obligated 90 percent of the budget (13 percent expended and 77 percent encumbered).

• The Operation and Maintenance of Works and Lands Program includes all operation and maintenance of facilities, flood control and water conservation structures, lands, and other works authorized by Chapter 373, Florida Statutes. Of the $21.3 million budgeted for this program, the District has obligated 80 percent of the budget (67 percent expended and 13 percent encumbered).

• The Regulation Program includes water use permitting, water well construction permitting, water well contractor licensing, environmental resource and surface water management permitting, permit administration, compliance and enforcement, and any delegated regulatory program. Of the $20.8 million budgeted for this program, the District has obligated 95 percent of the budget (82 percent expended and 13 percent encumbered).

• The Outreach Program includes all environmental education activities, such as water conservation campaigns and water resources education; public information activities;

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Preliminary Statement of Sources and Uses of Funds For the Year Ended September 30, 2016 3

all lobbying activities relating to local, regional, state, and federal governmental affairs; and all public relations activities and advertising in any media. Of the $2.6 million budgeted for this program, the District has obligated 95 percent of the budget (69 percent expended and 26 percent encumbered).

• The Management and Administration Program includes executive management, executive support, governing board support, ombudsman, general counsel, inspector general, administrative support (general), procurement, finance, human resources, and risk management. Of the $14.6 million budgeted for this program, the District has obligated 96 percent of the budget (89 percent expended and 7 percent encumbered).

Based on the financial activities for the year ended September 30, 2016, the financial condition of the District is positive and budget variances are generally favorable. There are no reported or identified major trends, conditions or variances that warrant additional management attention.

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Actuals Variance Actuals As ACurrent Through (under)/Over % of BudgetBudget 9/30/2016 Budget (rounded)

SourcesAd Valorem Property Taxes 104,036,884$ 104,835,830$ 798,946$ 101%Intergovernmental Revenues 49,685,684 5,528,360 (44,157,324) 11%Interest on Invested Funds 3,100,000 4,725,862 1,625,862 152%License and Permit Fees 1,500,000 1,578,169 78,169 105%Other 560,700 3,972,587 3,411,887 709%Fund Balance 166,050,481 166,050,481 100%Total Sources 324,933,749$ 286,691,289$ (38,242,460)$ 88%

Current Available % Expended % Obligated 2

Budget Expenditures Encumbrances1 Budget (rounded) (rounded)UsesWater Resource Planning and Monitoring 41,596,531$ 24,059,133$ 13,129,894$ 4,407,504$ 58% 89%Land Acquisition, Restoration and Public Works 224,088,319 28,391,901 172,536,848 23,159,570 13% 90%Operation and Maintenance of Works and Lands 21,301,062 14,258,809 2,706,526 4,335,727 67% 80%Regulation 20,839,272 17,037,756 2,780,950 1,020,566 82% 95%Outreach 2,554,442 1,764,019 652,215 138,208 69% 95%Management and Administration 14,554,123 12,899,617 1,074,938 579,568 89% 96%Total Uses 324,933,749$ 98,411,235$ 192,881,371$ 33,641,143$ 30% 90%

1 Encumbrances represent unexpended balances of open purchase orders and contracts.2 Represents the sum of expenditures and encumbrances as a percentage of the current budget.

This unaudited preliminary financial statement is prepared as of September 30, 2016, and covers the interim period since the most recent audited financial statements.

Southwest Florida Water Management DistrictPreliminary Statement of Sources and Uses of Funds

(Unaudited)For the Twelve Months Ended September 30, 2016

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Attachment: 10-16 FO&P-FIN Exhibit-Mo Financial Stmt SEP2016 (2723 : Monthly Financial Statement)

Item 33

FINANCE/OUTREACH & PLANNING COMMITTEE October 25, 2016 Routine Report Monthly Cash Balances by Fiscal Year

Purpose To provide a schedule of monthly cash balances by fiscal year, updated to reflect the cash balance as of September 30, 2016.

Background This routine report has been developed to allow the Governing Board to easily monitor the District’s cash balances at each month-end and in comparison with monthly cash balances for the last five fiscal years. This trend information will become more important as the District’s budget declines and reserves are utilized for projects.




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Southwest Florida Water Management DistrictMonthly Cash Balances by Fiscal Year(FY2010-11 - FY2014-15 and FY2015-16 To-Date)

$400M

$450M

$500M

$550M

$600M

$650M

$700M

$750M

$800M

Septemberof PreviousFiscal Year

October November December January February March April May June July August September

FY2015 16

FY2014 15

FY2013 14

FY2012 13

FY2011 12

FY2010 11

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Attachment: 10-16 FO&P-FIN Exhibit-Mo Cash Balances by FY-SEP2016 (2724 : Monthly Cash Balances by Fiscal Year)

Item 34

FINANCE/OUTREACH & PLANNING COMMITTEE October 25, 2016 Routine Report Comprehensive Plan Amendment and Related Reviews Report

Purpose This report is provided for the Committee’s information and shows District activity in the review of Local Government Comprehensive Plans and Amendments. Staff updates the report monthly.

Background/History The water management districts provide technical and policy information on water resources and water resource management to local governments as they prepare amendments to their local government comprehensive plans. This information encompasses various areas of water resource management, including water supply, flood protection and water quality, and is intended to support sound land use decisions. Statutory directives for this assistance include Section 373.711, F.S., Technical Assistance to Local Governments, and Section 163.3184, F.S., Process for Adoption of Comprehensive Plan or Plan Amendments. Under Section 163F.S., substantially revised in 2011, if important state resources and facilities are to be adverselyimpacted, the water management districts and other State reviewing agencies must state withspecificity how the plan amendment will adversely impact the resource or facility and mustinclude measures that the local government may take to eliminate, reduce, or mitigate theimpacts. Any plan amendment comments provided by a water management district and/orother State agencies that are not resolved may be challenged by the Department of EconomicOpportunity (DEO).

Benefits/Costs The benefits of the District’s local government technical assistance program are to ensure local government elected officials have sound water resource technical and policy information as they amend their local government comprehensive plans. This helps to ensure local plans are compatible with the District’s plans, programs and statutory direction. Costs for this program primarily include staff time and are budgeted in Fund 10 (Governing Board).


This item is provided for the Committee’s information, and no action is required.

Presenter: Colleen Thayer, Bureau Chief, Public Affairs

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Local Government Comprehensive Plan Amendment and Related Reviews Report As of October 11, 2016

Project Amendment Type Assigned Completed Description 10YWSFWP

Charlotte 16-3 ESR 8/8/2016 8/19/2016 Text amendments. No substantive comments.

Citrus 16-3 ESR 8/18/2016 9/16/2016 Map amendments. Comments addressed wetlands and other surface waters, existing wells, hazard mitigation planning in the coastal high hazard area and early regulatory coordination.

Citrus 16-4 ESR 9/12/2016 10/4/2016 Text amendments. No substantive comments.

Citrus 16-5 ESR 9/26/2016 10/6/2016 Text amendment. No substantive comments.

Clearwater 16-3 ESR 9/23/2016 Text and map amendments.

Dade City 16-1 ESR 7/19/2016 8/17/2016 Map amendment. Comments addressed need for water supply availability analysis.

Davenport 16-1 ESR 7/18/2016 8/15/2016 Map amendment. Comments addressed need for potable water analysis, and encouraged reuse, water conservation and early regulatory coordination.

Davenport 16-2 ESR 8/8/2016 8/19/2016 Map amendment. No substantive comments.

Haines 16-2 ESR 7/18/2016 8/15/2016 Map amendment. Comments addressed existing WUP/wells and encouraged early regulatory coordination.

Haines City 16-3 ESR 9/16/2016 10/11/2016 Map amendment. Comments addressed demonstration of potable water availability, reuse, conservation, an existing WUP and early regulatory coordination.

Hernando 16-1 ESR 7/18/2016 8/15/2016 Map amendment. Comments addressed floodplains/wetlands and encouraged use of low impact development principles e.g., upland clustering to limit impacts in the resources. Early regulatory coordination was encouraged as well.

Hillsborough 16-5 ESR 9/27/2016 Map and text amendments.

Lake 16-6ACSC Regular 9/7/2016 9/20/2016 Map and text amendments. Advised amendment is in SJRWMD.

Lake 16-7 ESR 9/7/2016 9/20/2016 Map and text amendments. Advised amendment is in SJRWMD.

Longboat Key 16-1 ESR 10/6/2016 Text amendment.

Madeira Beach 16-1 ESR 9/12/2016 9/15/2016 Text amendments. No substantive comments.

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Project Amendment Type Assigned Completed Description 10YWSFWP

Manatee 16-5 ESR 6/30/2016 7/25/2016 Map and text amendments. No substantive comments.

Mulberry 16-1 ESR 9/19/2016 Map amendment.

North Port 16-1 ESR 7/31/2016 8/25/2016 Map and text amendments. Comments addressed potable water capacity, reuse, conservation, avoidance of ERP wetland mitigation areas and encouraged early regulatory coordination.

Pasco 16-6 ESR 7/6/2016 8/5/2016 Map and text amendments. Comment supported the designation of wetland and floodplain areas as conservation.

Pasco 16-7 ESR 10/3/2016 Map amendment for proposed Fort King Ranch development.

Pasco 16-8 ESR 10/3/2016 Map amendment.

Pinellas 16-3 ESR 9/8/2016 9/28/2016 Map and text amendments. No substantive comments.

Pinellas 16-3 ESR 9/9/2016 9/28/2016 Map and text amendments. No substantive comments.

Plant City 16-2 ESR 7/25/2016 8/25/2016 Map and text amendments. Comments encouraged water conservation and limited encroachment, if any, in floodplain areas.

Polk 16-6 ESR 7/25/2016 8/16/2016 Map and text amendments. Advised amendment is within SFWMD.

Polk 16-7 ESR 8/7/2016 9/6/2016 Map amendments. Comments addressed lack of demonstration of available potable water capacity, floodplains, wetlands and encouraged early regulatory coordination.

Polk 16-8ACSC Regular 8/8/2016 9/6/2016 Map amendment. Comments addressed existing WUP/well and encouraged early regulatory coordination.

Sarasota County 16-3 ESR 7/21/2016 8/16/2016 Map and text amendments. �Comments addressed high demand projections, supply deficiency, system losses, conservation efforts and clarified reuse project information.

South Pasadena 16-1 ESR 7/25/2016 9/7/2016 Text amendments. No substantive comments.

Tampa 16-2 ESR 7/5/2016 7/25/2016 Text amendments. No substantive comments.

Tampa 16-3 ESR 10/6/2016 Water Supply Facility Work Plan.

Treasure Island 16-3 ESR 7/29/2016 8/24/2016 Text amendments. No substantive comments.

Wildwood 16-1 ESR 8/10/2016 9/9/2016 Map and text amendments. No substantive comments.

Zephyrhills 16-1 ESR 6/30/2016 7/29/2016 Map amendment. No substantive comments.

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Governing Board Meeting October 25, 2016 RESOURCE MANAGEMENT COMMITTEE Discussion Items 35. Consent Item(s) Moved for Discussion ........................................................................................135 Submit & File Reports 36. Proposed Minimum Flow for the Crystal River / Kings Bay System Prior to Independent Scientific

Peer Review Update ....................................................................................................................136 Routine Reports 37. Minimum Flows and Levels Status Report ..................................................................................138 38. Significant Water Resource and Development Projects .............................................................140

Item 35

RESOURCE MANAGEMENT COMMITTEE October 25, 2016 Discussion Item Consent Item(s) Moved for Discussion


Presenter: Mark A. Hammond, P.E., Director, Resource Management

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RESOURCE MANAGEMENT COMMITTEE October 25, 2016 Submit and File Report Proposed Minimum Flow for the Crystal River / Kings Bay System Prior to Independent Scientific Peer Review Update

Purpose To provide, for information only, the recommended minimum flow for the Crystal River / Kings Bay River System and summarize the methodologies used to develop the recommendation. Background/History The Crystal River Springs Group is a first-magnitude springs system consisting of a cluster of 70 springs located in Kings Bay in western Citrus County. Kings Bay is a tidally influenced embayment and is the headwater of Crystal River, which terminates approximately 6 miles west of Kings Bay in the Gulf of Mexico. Because the Crystal River / Kings Bay System is dominated by spring flow, there is little annual variation in flow, and land-use activities in the springshed affect both the quantity and quality of groundwater entering the river. From November 1969 through October 2015, the long-term average spring flow from the Crystal River Springs Group was 374 cubic feet per second or 201 million gallons per day. Direct measurements of flow taken instantaneously from 70 spring vents and continuously over 25 days from two groups of vents were used to derive a relationship linking spring flow to water level in Kings Bay and groundwater level in a nearby well, which was then used to generate a baseline flow record, with the consideration of a flow decline estimated using version 4 of the Northern District Model (NDM) under 2010 pumping conditions. Purpose/Approach The purpose for establishing minimum flows is to identify limits beyond which further withdrawals would be significantly harmful to the water resource or ecology of the area. The District is required by Florida Statutes to adopt the minimum flow for the Crystal River / Kings Bay System by July 1, 2017. Minimum flows were developed for the Crystal River / Kings Bay River using the best information available, as required, and were based on all relevant environmental values identified in the Florida Water Resource Implementation Rule for consideration when setting minimum flows. Hydrodynamic modeling was used to evaluate the effects of potential flow reductions on salinity habitats, water temperature, and water-residence time in the system. Of the results of the various habitat-based analyses used to develop a minimum flow for the Crystal River / Kings Bay System, the volume of water with salinity less than two practical salinity units was the most sensitive or restrictive to reductions in flow. The recommended minimum flow for the Crystal River / Kings Bay System is 88 percent of the natural flow, i.e., 88 percent of the flow that would exist in the absence of water withdrawal impacts. The District will reevaluate this minimum flow within ten years of its adoption into rule. The minimum flow recommendation for the Crystal River / Kings Bay System is protective of all relevant environmental values identified for consideration in the Water Resource Implementation Rule when establishing minimum flows and levels. Updated groundwater

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modeling (NDM, Version 5) indicates that the existing spring flow is above the minimum flow and the predicted spring flow in 20 years is projected to remain above the minimum flow. Therefore, the proposed minimum flow is being met and a recovery strategy is not required. The data, methodologies, and models used to develop the recommended minimum flow are summarized in the report “Recommended Minimum Flow for the Crystal River / Kings Bay System - Peer Review Draft,” which is provided under separate cover. Benefits/Costs The recommended minimum flow was developed to ensure that the environmental values associated with the Crystal River / Kings Bay System are protected from significant harm that could result from additional withdrawals. The adopted minimum flow for this system will support the District’s water supply planning, water use permitting, and environmental resource permitting programs. The next step toward establishing the minimum flow involves peer review of the recommended minimum flow by an independent scientific panel. The panel will conduct their review, with public and stakeholder input, and report to the Governing Board at a future meeting. Following staff consideration of the peer review report and stakeholder input, staff will return to the Board with proposed rule language to establish a minimum flow for the Crystal River / Kings Bay System.


This item is submitted for the Committee’s information, and no action is required.

Presenter: Gabe Herrick, Senior Environmental Scientist, Natural Systems & Restoration

Bureau

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RESOURCE MANAGEMENT COMMITTEE October 25, 2016 Routine Report Minimum Flows and Levels Status Report

Florida law (Section 373.042, Florida Statutes) requires the state water management districts or the Department of Environmental Protection (DEP) to establish minimum flows and levels (MFLs) for aquifers, surface watercourses, and other surface water bodies to identify the limit at which further withdrawals would be significantly harmful to the water resources or ecology of the area. District staff continues to work on various phases of MFLs development for water bodies on the District's MFLs Priority List and Schedule. The following status reflects the work completed for MFLs scheduled for adoption or reevaluation during calendar years 2015 through 2024 as well as changes that have occurred since the last Governing Board meeting. This report is consistent with the 2016 Priority List approved by the Governing Board in October 2015 and the DEP in February 2016, with the metric summaries submitted annually to the DEP, and with recent changes to the Florida Statutes requiring establishment of minimum flows for all Outstanding Florida Springs by July 1, 2017. Phase 1. (Data collection). No additional data collection activities were completed during the past month. Data collection is complete for forty of the seventy-four systems scheduled for adoption/reevaluation by 2024. Phase 2. (Data analysis and draft MFLs report). Internal draft MFLs reports for lakes Jackson and Little Jackson were completed during the past month. Phase 2 activities are complete for thirty-three of the seventy-four systems scheduled for adoption/reevaluation by 2024. Phase 3. (a. Presentation of draft MFLs to Governing Board, (b. public meetings, peer review report and (c. Governing Board acceptance of final report).

a) No draft MFLs reports were presented to the Governing Board in October. Draft reports addressing ten MFLs have been submitted to the Governing Board for the systems scheduled for adoption/reevaluation by 2024.

b) Public workshops were held during the past month for lakes Jackson and Little Jackson. Peer review and/or public meetings have been completed or deemed unnecessary for twenty_two of the seventy-four systems scheduled for adoption/reevaluation by 2024.

c) Final MFLs reports for lakes Jackson and Little Jackson were submitted to the Board during the past month. A total of twenty systems scheduled for adoption/reevaluation by 2024 have been completed and presented to the Governing Board.

Phase 4. (Development of Recovery Plan). No new recovery plans were developed during the past month. Many of the lakes scheduled for reevaluation have existing recovery plans which will be assessed as part of the reevaluation process. For the seventy-four systems scheduled for adoption or reevaluation through 2024, two recovery strategies are in place that are applicable to four systems, nine systems do not need a recovery strategy, and it has not been determined if the remaining systems will be covered by an existing recovery strategy or require development of a new strategy.

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Phase 5. (Governing Board Approval of MFLs Rule). Pending approval of MFLs rule for lakes MerryWater, Jackson, and Little Jackson during the October meeting, MFLs rules have been adopted or reevaluated for Twenty-one of the systems scheduled for adoption by 2024.


This item is for the Board's information only; no action is required.

Presenter: Yonas Ghile, Senior Environmental Scientist, Springs and Environmental Flows

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RESOURCE MANAGEMENT COMMITTEE October 25, 2016 Routine Report Significant Water Resource and Development Projects

This report provides information on significant Resource Management projects and programs in which the Governing Board is participating in funding. The report provides a brief description and status of significant activities associated with the project that have recently occurred or are about to happen. Watershed Management Program/Federal Emergency Management Agency Map Modernization The District initiated a partnership with the Federal Emergency Management Agency (FEMA) to modernize flood insurance rate maps (FIRMs) as part of its Watershed Management Program (WMP). To date, the District has received $12.1 million in federal funds from FEMA for countywide map modernization projects for Pasco, Sarasota, Hernando, Marion, Polk, Hardee, DeSoto, Citrus, Sumter, Levy, and Highlands counties. The following county maps have been modernized and are effective (effective date): Citrus (September 26, 2014), DeSoto (November 6, 2013), Hardee (November 6, 2013), Hernando (February 2, 2012), Hillsborough (August 28, 2008), Highlands (November 18, 2015), Levy (November 2, 2012), Manatee (March 17, 2014), Marion (August 28, 2008). Marion County is updating 54 FEMA FIRM panels through a Physical Map Revision using information from various watershed management plans funded through the Cooperative Funding Initiative. The appeal and protest period is complete and issuance of the Letter of Final Determination is anticipated in October 2016. Pasco (September 26, 2014), and Sumter (September 27, 2013). Sumter County is updating FEMA FIRM panels covering the Big Prairie and Gant Lake watersheds through a Physical Map Revision using information developed through watershed management plans funded through the Cooperative Funding Initiative. Polk County: The Letter of Final Determination was issued on June 22, 2016. The FIRMS are anticipated to become effective on December 22, 2016. Sarasota County: The Letter of Final Determination was issued on May 4, 2016. The FIRMS are anticipated to become effective on November 4, 2016. New Activities Since Last Meeting: No change since last meeting. Project Manager: Scott Letasi Myakka River Watershed Initiative and Flatford Swamp Hydrologic Restoration The Myakka River Watershed Initiative (MRWI) is a comprehensive project that will illustrate the effects of land use conversions and alterations and evaluate best management practices (BMPs) for environmental restoration alternatives. A primary focus of the MRWI is the Flatford Swamp area. The overall objective is to restore historic water quantity regimes, improve water quality, natural system, and reduce floodplain impacts in the watershed in ways that can also provide a benefit to water supplies in the Southern Water User Caution Area. In February 2006, the Governing Board allocated $500,000 to hire a consultant team to perform elements of the WMP and for the collection of topographic information in eastern Manatee County using light detection and ranging (LiDAR) mapping technologies. Several outreach meetings were held to solicit stakeholder input and gather data. A water budget model comparing existing and historic conditions within Flatford Swamp was developed to determine the amount of excess water that could be captured for a beneficial use. Several preliminary scenarios for removal of excess water from the swamp have been evaluated and, as a result, a Memorandum of Understanding that outlines the development of a scope of work for a feasibility study to determine Mosaic’s potential uses for excess water from Flatford Swamp received Governing Board approval in November 2010. A subsequent revenue agreement with Mosaic was executed. The District acted as the lead party in the feasibility study, and a consultant services contract with Ardaman & Associates for the study was executed on September 20, 2011. Staff has identified several

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monitoring needs for the wetland restoration evaluation and are investigating several broad-scale vegetation monitoring and mapping techniques. The options under consideration are anticipated to provide improved ground level data, improved visualization of exotics and tree canopy height data. The Feasibility Study with Mosaic was finalized in March 2013. Singhofen and Associates, Inc., submitted the conceptual BMP analysis, completing the final deliverable for the MRWI on December 20, 2013. Several of the conceptual BMPs explored identified properties that would be impacted if the restoration BMPs were implemented, such as Tatum Sawgrass rehydration, Blackburn Canal diversion, and Clay Gully diversion. Staff and Mosaic continue to look forward for a mutually agreeable partnership for the Flatford Restoration project. Staff is also researching an injection option at Flatford for the excess water to recharge the aquifer and discussed the need for more information on total dissolved solids in the Avon Park formation at the swamp. A pre-application meeting with Florida Department of Environmental Protection (FDEP) was held on February 25, 2016. The consultant has completed the vegetation mapping to track exotics in the swamp. New Activities Since Last Meeting: Draft Class V, Group 2 Injection Well permit application was issued by FDEP. Staff is discussing when to hold the permit public meeting. Because of the permit timing, a no-cost time extension will be requested for the consultant’s agreement. Draft feasibility study is under review. Staff are conducting a GIS-based analysis of the available wetland vegetation maps to investigate if there have been any significant changes in distribution of undesirable vegetation. Project Managers: Lisann Morris/Kris Kaufman

Lower Hillsborough River MFLs Recovery Strategy - Implementation At its August 2007 meeting, the Governing Board established minimum flows and approved a recovery strategy for the lower Hillsborough River (LHR). The recovery strategy was adopted as required by statute, because flows in the LHR were below the established minimum flows. The recovery strategy includes a number of projects to divert water from various sources to help meet the minimum flows. Projects planned under the recovery strategy include diversions of water from Sulphur Springs, Blue Sink, the Tampa Bypass Canal (TBC), and Morris Bridge Sink. Pursuant to the recovery strategy, since December 31, 2007, 75 percent of up to 11 cubic feet per second (cfs) (i.e., 8.2 cfs) transferred to the reservoir from the TBC is being pumped to the base of the Hillsborough River Dam. This amount of fresh water, in combination with up to 21 cfs or 13.6 mgd supplied from Sulphur Springs to the base of the dam by the City of Tampa (COT), has been sufficient to meet minimum flow requirements on many days. A COT request for a variance to deadlines for completion of recovery strategy projects was approved at the June 2011 Governing Board meeting and the deadlines for project completion were extended as follows: Sulphur Springs Run Lower Weir - December 1, 2011; Sulphur Springs Run Upper Weir and Pump House - October 1, 2012; and Blue Sink project - December 31, 2013. The District received notification from the COT on November 7, 2011, that the Sulphur Springs Run Lower Weir project was complete and the pumping facilities and Upper Weir modifications were completed in January 2012. The COT conducted a pump test in February 2013 to check the capacities of the existing pumps at Structure 161 (S-161) on the Harney Canal of the TBC. At its December 2013 meeting, the Governing Board approved the issuance of a water use permit to the COT to withdraw 2 mgd from the Blue Sink for minimum flows as specified in the recovery strategy. At its February 2014 meeting, the Governing Board approved the signing of a cooperative funding agreement (N492) with the COT to construct pumping facilities on the Harney Canal and the Hillsborough River Reservoir to divert minimum flows to the LHR. Updates on the LHR recovery strategy have been provided to the Governing Board on an annual basis and the first of three rule-required five-year recovery status assessments was presented to the Governing Board in March 2015. The COT issued plans and specs for the Blue Sink pump station and pipeline project in March 2015; executed an agreement for construction management and a well mitigation program for the project in June 2015; and issued notices to proceed with pump station construction and pipeline construction in July and August 2015, respectively. In May 2015, the Governing Board authorized staff to initiate and complete

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rulemaking to repeal the reservation rule concerning use of water from Morris Bridge Sink for recovery of minimum flows in the LHR. District staff participated in a pre-application meeting with FDEP in June 2015 to discuss water use permit applications for pumping up to 3.9 mgd from Morris Bridge Sink and the ongoing transfer of water from the TBC to the LHR for minimum flow recovery. Water use applications for these withdrawals were submitted to FDEP by the District in August 2015. Repairs to the District pump station at the dam were completed in July 2015, with expectations that similar repair work would be completed at the District S-162 pump station, which is used to pump water from the lower to the middle pool of the TBC when needed for minimum flows recovery in the LHR. A modeling project addressing environmental benefits associated with various minimum flow implementation options was completed for the District in July 2015. In August 2015, the District accepted the COT’s final basis of design report for the LHR pumping facilities project (N492) involving replacement of the existing S-161 pump station and installation of a siphon system at the Hillsborough River Dam. A no-cost time extension for the District/COT agreement for the Investigation of Storage and Supply Options project was completed in October 2015, extending the project completion date to October 1, 2017. In November 2015, FDEP released a notice of intent to issue a water use permit to the District for withdrawals from the TBC for LHR recovery and issued the permit on December 17, 2015. FDEP held a public meeting in November 2015 concerning the water use permit application submitted by the District for withdrawals from Morris Bridge Sink for LHR recovery and in December 2015 released a notice of intent to issue a water use permit to the District for the withdrawals. District staff met with Hillsborough County Environmental Protection Commission staff, representatives of the Friends of the River and other stakeholders in January 2016 to clarify permit conditions for the water use permit for withdrawals from Morris Bridge Sink for LHR recovery. In January 2016, the District also sent a letter to the Friends of the River, committing to provide several assurances in support of the Morris Bridge Sink Project. On January 15, 2016, FDEP issued a water use permit to the District for withdrawals from Morris Bridge Sink. In January 2016, the COT requested continuance of the CFI request submitted for funding the S-161 pump station replacement and Hillsborough River Dam siphon project (N492) and also requested transfer of ownership of District pumping facilities at S-161 and the dam to the COT. In February 2016, the District initiated a project (H404) for consultant services addressing design of a pump station, transfer station and pipeline for the proposed diversion of water from Morris Bridge Sink; initiated development of a scope of work for consultant services addressing permit reporting conditions for the proposed withdrawals from the sink; and amended an agreement with the COT for completion of the Blue Sink Project to extend the project completion date to January 4, 2017. District staff met with representatives of the Friends of the River in March 2016 to discuss a draft scope of work for consultant services addressing permit reporting conditions for planned withdrawals from Morris Bridge Sink. The COT completed construction for the Blue Sink pipeline in April 2016 and construction restoration was completed in May 2016. A Task Work Assignment (TWA) for consultant services addressing factors contributing to algal abundance in the Sulphur Springs Run was also initiated in May 2016. An annual update on implementation of the LHR recovery strategy was submitted to the Governing Board in July 2016. Pump station construction by the COT for the Blue Sink project is ongoing. District development of a TWA for consultant services addressing permit reporting conditions for planned withdrawals from Morris Bridge Sink is ongoing. District review of consultant submitted 60 percent design drawings for a pump station at Morris Bridge Sink, and for a pipeline and a second pump station at S-159 for the proposed diversion of water from Morris Bridge Sink to the TBC is also ongoing. Permitting discussions with the U.S. Army Corps of Engineers and the Hillsborough County Environmental Planning Council for the pipeline and pump station at S-159 ongoing. The COT continues to evaluate options for proceeding with the LHR pumping facilities project (N492); and District review of the COT’s request for transfer of ownership of District pumping facilities at the S-161 and dam sites, and execution of easements or licensing agreements necessary to operate and maintain the facilities is ongoing. For the Blue Sink Project, contractor has finished all pipeline installations and restoration with the

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exception of two minor punch list items. Equipment and piping is being installed inside the pump station building, and equipment startup/demonstration testing is forthcoming. The project is on schedule. Blue Sink pump station construction is concluding, and testing is expected to begin by mid-September. Morris Bridge pump station design continues, with USACE approval of pipeline at S-159 expected by mid-September. New Activities Since Last Meeting: Blue Sink pump station completion is delayed and may be completed by mid-October, 2016. Project Managers: Stacy Day/Diana Koontz/Tom Burke/Barbara Nordheim-Shelt TECO’s Polk Power Station Reclaimed Water Interconnects to Lakeland/Polk County/ Mulberry

· Reuse Project: This regional project, consisting of transmission pipelines, pump stations, storage tank, advanced treatment and deep injection well, will provide up to 10 mgd of reclaimed water from four domestic wastewater treatment facilities (Lakeland Glendale, Lakeland Northside, Mulberry, and Polk County Southwest) to Tampa Electric Company’s (TECO) power facility in southwest (SW) Polk County (Polk Power Station). The reclaimed water is necessary as TECO is expanding the Polk Power Station generation capacity. The cooperatively funded reclaimed water project (H076-Phase I) was originally anticipated to provide 5.2 mgd (expandable up to 6.7 mgd) of reclaimed water from the City of Lakeland; however, the supply and benefits were expanded several times to 10 mgd (expandable to 17 mgd) and total project costs increased to $96,960,725. The increases improved cost-effectiveness and will utilize 100 percent of all available reclaimed water from Lakeland, Mulberry and SW Polk beyond 2040. TECO is replacing, to the greatest extent possible, 3 to 5 mgd of existing groundwater uses in 2015-2016 with reclaimed water before the full project expansion is complete in 2017. Additional Information: In order to utilize the reclaimed water, the project includes advanced treatment (filtration and membranes) which is necessary to reduce dissolved solids to an acceptable level. The membrane reject water (concentrate by-product) is mixed with other Polk Power Station discharge water and pumped to two new deep injection wells for final disposal. Design and permitting (WWH) of the Polk SW segment is ongoing and construction (Westra) of the Mulberry segment is ongoing. The Lakeland segment is completed. Construction of the reclaimed water treatment system and construction of the related storage tank at the TECO facility is completed and on-line. Per the June 2016 Amendment adding the final District funding, the District has budgeted $45,676,957 in ad valorem and an additional $3,526,063 in WRAP funds (totaling $49,203,020 in District funding), of which a total of $43,322,371 has been or is in the process of being reimbursed. The project continues to utilize Lakeland’s effluent to supply 3 to 5 mgd of reclaimed water through the completed Lakeland and treatment portions, thereby reducing groundwater pumping at the TECO Polk Power Facility. Full commissioning and testing to the 10 mgd capacity is anticipated to be completed in 2017. New Activities Since Last Meeting: The final reverse osmosis skid was installed in September of 2016 and commissioning/testing up to the 10 mgd capacity is underway. Project Manager: Anthony Andrade

· Aquifer Recharge Projects: In 2009, the District funded a recharge study (H076) as part of the Regional Reclaimed Water Partnership Initiative to assess the feasibility of using highly treated reclaimed water to recharge the Upper Floridan aquifer (UFA) in the southern Hillsborough and Polk county areas. Findings from the study indicate that it is possible to develop direct and indirect aquifer recharge projects to improve UFA water levels and provide opportunities for additional groundwater withdrawals. MWH Americas, Inc., completed the Feasibility of Using Reclaimed Water for Direct and Indirect Aquifer Recharge in the Tampa Bay Area Study and a total of $481,149 in District FY2008 funding was reimbursed. The costs associated with developing these projects were found to be comparable to costs of other planned alternative water supply projects. Since completing the study, several local governments have expressed interest in assessing the applicability of aquifer recharge in their areas. District staff is working with these entities to develop and implement project plans to

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assess the site specific feasibilities of implementing aquifer recharge projects to address their individual needs. Prior to initiating work, District staff also reviews project tasks to avoid as much duplicative efforts as possible between cooperators. The District project managers are researching active recharge projects to identify positive results or issues requiring further investigation.

· Currently-Funded Aquifer Recharge Projects - FY2015-FY2016 Cooperative FundingCity of Clearwater - Groundwater Replenishment Project - Phase 3This is an ongoing project which previously completed work on a pilot test of Clearwater’s reclaimed water purification treatment system and one groundwater recharge injection site. Results from the water purification plant tests and injection well testing demonstrated that this project would be successful in allowing the City to increase their reclaimed water utilization, reducing surface discharges, improving groundwater levels in the Northern Tampa Bay Water Use Caution Area, and increasing the City’s future water supply potential from their existing wellfields. Phase 3 of this project is for the design, third party review, permitting and construction for the full-scale water purification plant and the injection and monitor well systems to recharge 2.4 mgd annual average of purified reclaimed water at Clearwater Northeast Water Reclamation Facility. Public outreach will be a critical function throughout the design and construction. The total cost for the project is $28,680,000 (based on conceptual level cost estimate until the 30 percent design and third party review is completed). The City of Clearwater and the District’s contribution will each be $14,340,000. Of the District’s contribution, $1,544,000 was approved in FY2015, and an additional $2,131,600 was approved in FY2016. FY2017 budget request is for $5,654,400 and future funding will need to be $5,000,000. The District previously contributed $1,751,548 for desktop feasibility and pilot treatment test phases of this project. The contract was executed in January 2016. Completion of construction and beginning of facility operations is currently scheduled for April 2021. Third Party Review of the Preliminary Design Report/Specifications, and Opinion of Probable Cost has been completed. Results of the Third Party Review will be presented to the Board on September 27, 2016. New Activities Since Last Meeting: Governing Board approved results of the 30 percent Design and Third Party Review and has authorized a contract amendment that increases the total project cost to $32,716,000, with a total District contribution of $16,358,000. The cooperator is authorized to move forward with final design, permitting and construction. Project Manager: Robert Peterson Pasco County - Reclaimed Water Natural Systems Treatment and Restoration Project A desktop feasibility study to assess the use of highly treated reclaimed water to indirectly recharge the UFA via constructed wetlands and/or rapid infiltration basins (RIB) in central Pasco County areas was completed in January 2011. The study showed that indirect aquifer recharge is a viable option for Pasco County. A Phase II feasibility study and report was completed in February 2012 and included a screening analysis for potential RIB locations, as well as cost analyses refinements for potential future phases. Phase III includes field testing and modeling on the 4G Ranch in Pasco County. The final draft of the Phase III project report was received by the District on December 12, 2014; and a teleconference was held on December 16, 2014, to discuss preliminary comments. District staff sent report comments on December 23, 2014. Multiple meetings have been held to further discuss the District’s comments. A request to extend the deadlines of Tasks 2 and 3, and the project end date to June 30, 2015, was received on February 26, 2015. A request to use the contingency funds in the Agreement ($10,000) was also received. Meetings were held to discuss 30 percent design on March 25, March 30, and April 9, 2015. Pre-application meetings with FDEP occurred on March 31, 2015, to discuss the Environmental Resource Permit (ERP) for the project; and on April 7, 2015, to discuss the NPDES permit. A field visit with FDEP was held on April 23, 2015. Meetings to discuss the modeling work occurred on April 22 and May 5, 2015. The District received the final 30 percent design package on May 5, 2015, A draft Agreement, Project Plan, Easement, and Lease were developed, and the

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Governing Board gave staff authorization to proceed with third party review of the 30 percent design package at the July 2015 Board meeting. The results of the third party review were received on August 24, 2015. The review concluded that the project scope and budget were reasonable and would meet the project objectives. The review also concluded that the methods used to determine the measureable benefit of at least 2.2 mgd of reclaimed water on a ten-year annual average were reasonable. On August 27, 2015, the project team met with FDEP to discuss the submittal of the application to modify the County’s NPDES permit. Both the ERP and NPDES permits have been submitted to FDEP. The Governing Board approved the County’s and staff’s request to move forward with final design and permitting of the project at their September 2015 meeting. The Board also directed staff to enter into an agreement for 50 percent of the total project cost identified in the 30 percent design ($14,300,966), allowing reimbursement of the District’s share for the design, permitting, and construction of this facility. The completed N666 Agreement was sent to Pasco County for their signature on October 5, 2015. The 60 percent costs were received on October 29, 2015. The 90 percent design was received on December 18, 2015. The draft NPDES and ERP permits have been received as of December 18, 2015. The 90 percent cost estimates from CH2M Hill (Pasco County consultant) and P&J (land owner/contractor) were completed. All permits were issued as of January 2016. A meeting was held with the project team on February 11, 2016 to review the estimates, and some revisions and clarification were made on both estimates. The 100 percent design drawings were received on March 10, 2016. The Pasco County Commission approved the Agreement at their May 10, 2016 meeting, and the District received the Agreement on May 25, 2016. The 100 percent costs were received March 25, 2016. The Agreement was sent to Executive for signature on July 1, 2016. The Agreement was fully executed on July 11, 2016. Construction began as of mid-June 2016, and is progressing on or ahead of schedule. New Activities Since Last Meeting: No changes since last meeting. Project Manager: Mike Hancock

South Hillsborough County Aquifer Recharge Program (SHARP) This is a direct aquifer recharge pilot project to evaluate directly recharging the non-potable zone of the UFA with up to 2 mgd of highly treated reclaimed water at the County’s Big Bend facility near Apollo Beach in southern Hillsborough County. The goal of the project is to improve water levels within the Most Impacted Area of the Southern Water Use Caution Area and possible slow the rate of inland movement of saltwater intrusion in the area. The pilot testing program includes permitting, installing a recharge well and associated monitor wells, assessing aquifer characteristics, performing recharge testing, evaluating water level improvements, migration of the recharge water and metals mobilization, and conducting public outreach. The County’s consultant submitted the well construction permit application for authorization to install the test recharge well and monitoring wells on December 20, 2011. Design and preparation of bid documents were completed in early July 2012; a request for bids was released the week of July 16, 2012, with responses received in August 2012. Construction contract with the contractor (A.C. Schultes of Florida, Inc.) was approved by the County on April 3, 2013. The recharge well was completed in December 2013 with an open-hole diameter of 14.75 inches, 780 feet of casing, and a total depth of 1,100 feet. The County received a letter from FDEP on July 13, 2015 authorizing recharge operations to begin. New Activities Since Last Meeting: Recharge and monitoring activities are ongoing. Project Manager: Mark Barcelo Dover/Plant City Water Use Caution Area Flow Meter and Automatic Meter Reading (AMR) Equipment Implementation Program At their December 2010 meeting, the Governing Board adopted a minimum aquifer level in the Dover/Plant City Water Use Caution Area (DPCWUCA); Rule 40D-8.626, Florida Administrative Code (F.A.C.), as well as a recovery strategy (Rule 40D-80.075, F.A.C.) that incorporated flow meters and automatic meter reading (AMR) equipment installations to monitor and reduce resource impacts from future frost/freeze pumping events. Meter information in the Dover/Plant

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City area will be used by the District to: (1) improve the allocation of well mitigation responsibilities among permit holders, (2) allow District staff to better identify permit compliance issues resulting from pumping during frost/freeze events, (3) improve the modeling of impacts resulting from pumping during frost/freeze events, (4) allow the monitoring of performance and track the progress of management actions implemented, and (5) provide for the overall assessment of the recovery strategy goal of reducing frost/freeze protection quantities by 20 percent in ten years. It is estimated that 626 flow meters and 961 AMR devices will need to be installed within the 256-square mile DPCWUCA. Total costs of the program were estimated to be $5.5 million for flow meter and AMR equipment installation with approximately $316,000 required annually to support the program. On August 7, 2013, the AMR equipment installation and operation component of this project under RFP 004-13 was awarded to Locher Environmental Technology, LLC, partnered with AMEC Environmental and Infrastructure, Inc., and Hydrogage. The contract was executed on November 14, 2013. Letters with flow meter reimbursement information were sent on September 17, 2015 to the remaining permittees who have not yet installed a flow meter. New Activities Since Last Meeting: As of August 30, 2016, a total of 428 flow meters have been installed (69 percent complete) and 476 AMR units have been installed (49 percent complete). Project Manager: Talia Paolillo



Presenter: Mark A. Hammond, Division Director, Resource Management

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Governing Board Meeting October 25, 2016 REGULATION COMMITTEE Discussion Items 39. Consent Item(s) Moved for Discussion ........................................................................................147 40. Denials Referred to the Governing Board ...................................................................................148 Submit & File Reports 41. Dover/Plant City Water Use Caution Area Flow Meter and Automatic Meter Reading (AMR)

Equipment Implementation Program ...........................................................................................149 Routine Reports 42. Overpumpage Report – October 2016 ........................................................................................150 43. Individual Permits Issued by District Staff – October 2016 .........................................................153

Item 39

REGULATION COMMITTEE October 25, 2016 Discussion Item Consent Item(s) Moved for Discussion


Presenter: Alba E. Más, P.E., Division Director, Regulation

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Item 40

REGULATION COMMITTEEOctober 25, 2016Discussion ItemDenials Referred to the Governing Board

District Rule 40D-1.6051, Florida Administrative Code, provides that if District staff intends to deny a permit application, the applicant will be advised of the opportunity to request referral to the Governing Board for final action.

Under these circumstances, if an applicant or petitioner requests their application or petition be referred to the Governing Board for final action, that application or petition will appear under this agenda item for consideration. As these items will be presented at the request of an outside party, specific information may not be available until just prior to the Governing Board meeting.


If any denials are requested to be referred to the Governing Board, these will be presented at the meeting.

Presenter: Alba Más, P.E., Division Director, Regulation

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Item 41

REGULATION COMMITTEE October 25, 2016 Submit and File Report Dover/Plant City Water Use Caution Area Flow Meter and Automatic Meter Reading (AMR)Equipment Implementation Program

Dover/Plant City Water Use Caution Area Flow Meter and Automatic Meter Reading (AMR) Equipment Implementation Program

At their December 2010 meeting, the Governing Board adopted a minimum aquifer level in the Dover/Plant City Water Use Caution Area (DPCWUCA); Rule 40D-8.626, Florida Administrative Code (F.A.C.), as well as a recovery strategy (Rule 40D-80.075, F.A.C.) that incorporated flow meters and automatic meter reading (AMR) equipment installations to monitor and reduce resource impacts from future frost/freeze pumping events. Meter information in the Dover/Plant City area will be used by the District to: (1) improve the allocation of well mitigation responsibilities among permit holders, (2) allow District staff to better identify permit compliance issues resulting from pumping during frost/freeze events, (3) improve the modeling of impacts resulting from pumping during frost/freeze events, (4) allow the monitoring of performance and track the progress of management actions implemented, and (5) provide for the overall assessment of the recovery strategy goal of reducing frost/freeze protection quantities by 20 percent in ten years. It is estimated that 626 flow meters and 961 AMR devices will need to be installed within the 256-square mile DPCWUCA. Total costs of the program were estimated to be $5.5 million for flow meter and AMR equipment installation with approximately $316,000 required annually to support the program. On August 7, 2013, the AMR equipment installation and operation component of this project under RFP 004-13 was awarded to Locher Environmental Technology, LLC, partnered with AMEC Environmental and Infrastructure, Inc., and Hydrogage. The contract was executed on November 14, 2013. Letters with flow meter reimbursement information were sent on September 17, 2015 to the remaining permittees who have not yet installed a flow meter. New Activities Since Last Meeting: As of September 30, 2016, a total of 428 flow meters have been installed (69 percent complete) and 476 AMR units have been installed (49 percent complete). Project Manager: Talia Paolillo




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Item 42

REGULATION COMMITTEEOctober 25, 2016Routine ReportOverpumpage Report - October 2016

Please see the attached report.


This item is provided for the Committee’s information and no action is required.


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Overpumpage Report August 2016

Under Review (1) Citrus Greening (2)

Permit No. Permit Holder Use Type Permitted Quantity

Original Report Date

Annual Avg. Use Percent Over

Current Report Date


Service Office

New on Report

12911.002 Ocala 623 Land Development1

Recreational – Golf Course 223,400

5/1/2016 256,413 gpd 14.78%

8/1/2016 282,918 gpd 26.64%

Brooksville

(1) Preliminary determination is that permits are in non-compliance; file is under review by Regulation staff.(2) Permittee has claimed Citrus Greening (HLB) as cause of overpumpage. Further analysis being conducted.

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Attachment: Oct16 Routine Report - Overpumpage Report Aug16 (2729 : Overpumpage Report - October 2016)

Overpumpage Report August 2016

Under Review (1) Citrus Greening (2)

Permit No. Permit Holder Use Type Permitted Quantity

Original Report Date


Current Report Date


Service Office

Continuing From Previous Report

536.005 Borchard Brothers, LLC. (Farkas Groves)1

Agricultural – Citrus 27,700 gpd

05/01/2016 43,863 gpd 58.35%

08/01/2016 47,191 gpd 70.36%

Tampa

10923.000 Spruce Creek Golf, LLC. 1 Recreational – Golf Course 445,800 gpd

05/01/2016 503,858 gpd 13.02%

08/01/2016 557,148 gpd 24.98%

Brooksville

71.004 Charlie Grimes Farms (Wilder Blueberry Farm) 1

Agricultural – Blueberries 20,300 gpd

05/01/2016 27,082 gpd 33.41%

08/01/2016 30,321 gpd 49.36%

Tampa

9670.006 Ace Crescent Oaks Country Club1

Recreational – Golf Course 285,800 gpd

05/01/2016 423,827 gpd 48.29%

08/01/2016 700636 gpd 145.15%

Tampa

1885.005 Winfred M. & Edna Sue Harrell1

Agricultural – Container Nursery

63,100 gpd 05/01/2016 98,775 gpd 56.54%

08/01/2016 131,172 gpd 107.88%

Tampa

8842.003 Harrell's Nursery, Inc. 1 Agricultural –

Container Nursery

42,000 gpd 05/01/2016 45,931 gpd 9.36%

08/01/2016 54,747 gpd 30.35%

Tampa

819.005 Gain Inc./Attn. Peter Washington1 & 2

Agricultural – Citrus 79,200 gpd

11/01/2015 129,614 gpd 63.65%

08/01/2016 90,074 gpd 13.73%

Bartow

910.006 Jack M. Berry, Inc.1 & 2 Agricultural – Citrus 207,700 gpd

07/01/2015 320,279 gpd 54.20%

08/01/2016 418,522 gpd 101.50%

Bartow

7002.004 MHC FR Utility Systems LLC1 Public Supply 97,100 gpd 04/01/2015 104,929 gpd 8.06%

08/01/2016 164,094 gpd 68.99%

Tampa

(1) Preliminary determination is that permits are in non-compliance; file is under review by Regulation staff.(2) Permittee has claimed Citrus Greening (HLB) as cause of overpumpage. Further analysis being conducted.

Item 43

REGULATION COMMITTEEOctober 25, 2016Routine ReportIndividual Permits Issued by District Staff - October 2016

Please see the attached report.


This item is provided for the Committee’s information and no action is required.

Presenter: Alba Más, P.E., Division Director, Regulation

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INDIVIDUAL PERMITS ISSUED: ERPS – SEPTEMBER 2016

PERMIT NUMBER

PROJECT NAME COUNTY DESCRIPTION

TOTAL PROJECT ACRES

WETLAND ACRES

WETLAND ACRES

IMPACTED

WETLAND MITIGATION

ACRES 43028355.003 Tuckers Grade Charlotte Residential subdivision 390.06 138.25 28.29 121.49

43013740.010 Bexley South Parcel Phase 2 Mass Grading

Pasco Mass grading of a future residential development 436.00 397.25 11.19 49.75

43042639.000 SR 56 Extension from Meadow Pointe Blvd to US301/SR41

Pasco Extension of SR56 from Meadow Pointe Boulevard to US301 298.00 61.28 51.08 0.00

43026736.026

Park Place – Phase 1 (a/k/a Epperson Ranch South Phase 1)

Pasco Single-family residential subdivision with 366 lots 166.00 26.79 10.10 0.00

43029962.007 Premier Sports Campus Stormwater Management Plan

Manatee Athletic fields, driveways and ponds; addressing Consent Order and CT #379279 for unauthorized construction

156.98 1.90 1.90 0.00

43041373.001 The Aviary Phase 1 Manatee Single-family residential subdivision 102.00 12.94 4.19 0.00

Wetland Mitigation Acres may be zero or less than Wetland Acres Impacted for a variety of reasons. Some of those reasons are: impacted wetlands require no mitigation by rule (e.g., upland cut manmade ditches, etc.); quality of the impacted wetlands is less than the quality of proposed mitigation; or mitigation is provided through a different permit or a mitigation bank.

INDIVIDUAL PERMITS ISSUED: WUPS – SEPTEMBER 2016

PERMIT NUMBER PROJECT NAME COUNTY DESCRIPTION USE TYPE

PREVIOUS PERMITTED QUANTITY

NEW PERMITTED QUANTITY

DURATION (YEARS)

2000785.012 Overlook Grove Hardee Renewal of quantities for irrigation of citrus; irrigated acreage is being verified through RAI process

Agricultural 1,254,600 1,184,500 20 Packet Pg. 154

Attachment: Oct16 Routine Report - Individual Permits Issued by Staff (2730 : Individual Permits Issued by District Staff - October 2016)


OPERATIONS, LANDS AND RESOURCE MONITORING COMMITTEE

Discussion Items


45. Surplus Lands Update and Review of Annutteliga Strategy .......................................................156

46. Hydrologic Conditions Report ......................................................................................................166

Submit & File Reports - None

Routine Reports

47. Structure Operations ....................................................................................................................169

48. Significant Activities .....................................................................................................................172

Item 44

OPERATIONS, LANDS AND RESOURCE MONITORING COMMITTEEOctober 25, 2016Discussion ItemConsent Item(s) Moved for Discussion


Presenter: Ken Frink, P.E., Director, Operations, Lands and Resource Monitoring Committee

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Item 45

OPERATIONS, LANDS, AND RESOURCE MONITORING COMMITTEEOctober 25, 2016Discussion ItemSurplus Lands Update and Review of Annutteliga Strategy

Purpose

The purpose of this item is to provide an update on surplus lands. The presentation will include a general overview, successes to date, as well as an update on staff’s accomplishments concerning the Annutteliga Hammock Strategy (Surplus Strategy) and proposed next steps in fulfilling the Surplus Strategy.

Background and History

At the time of acquisition, the District has strived to declare surplus portions of parcels that do not meet the District’s core mission, but were necessary to acquire as a condition of the overall purchase. Also, at the Governing Board’s direction, staff has focused on assessing lands to determine whether they meet the District’s core mission so they may be declared surplus. Lands that met the District’s core mission were further evaluated to determine if they could be protected via a conservation easement rather than full fee simple title, thereby placing the land in private ownership. To date, approximately 4,864 acres have been declared surplus, and an additional 231 acres have been identified for exchange or transfer through the surplus lands assessment.

Annutteliga Hammock Strategy Update

In 2015, the Governing Board adopted the Annutteliga Surplus Strategy. The strategy instructed staff to identify parcels for surplus and retention, define areas for consolidation, continue to pursue changes to Chapter 373, Florida Statutes, develop special provisions for larger surplus properties, coordinate with acquisition partners, Hernando County and Public Affairs Bureau, combine parcels for surplus to reduce impacts and initiate surplus activities.

To date most of the tasks have been completed. The next steps in the process are to develop an efficient method for protecting the land by limiting septic tanks; provide exchange opportunities for property owners in the priority areas, which will determine the effectiveness of completing the corridor (priority areas); provide the right of first refusal to adjacent owners to meet statutory requirements; and then market and sell the remaining parcels through a broker or auction.


This item is submitted for the Board’s information. No action is required.

Presenter: Carmen Sanders, Land Resources Manager

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Annutteliga Hammock Project

Surplus and Consolidation Strategy

May 2015

Exhibit 1

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Annutteliga Hammock ProjectSurplus and Consolidation Strategy

May 2015

Project OverviewAnnutteliga Hammock is a 31,250-acre partnership acquisition project of the FloridaForever program, of which 12,231 acres have been acquired to date. The intent ofthe project is to provide for water quality protection of Chassahowitzka Springs andserve as a natural linkage between the Chassahowitzka Wildlife Management Areaand Withlacoochee State Forest. With the Florida Department of EnvironmentalProtection (FDEP) as the lead agency, other acquisition partners include theSouthwest Florida Water Management District (District), Hernando County, FloridaForest Service (FFS), Florida Department of Transportation (FDOT), Florida Fishand Wildlife Conservation Commission (FWC) and The Nature Conservancy.

The District’s acquisition area includes 8,489 acres, with 2,317 acres acquired todate. The majority of this area includes Royal Highlands, a platted subdivisionconsisting of half-acre to one-acre lots. The area is characterized by a lack of centralwater or wastewater services and contains an extensive network of unpaved,County-maintained roads.

Acquisition ChallengesBeginning in 1998, the District acquired 2,164 acres in the project area. By 2005,significant real estate price escalation and concerns with managing the scatterednature of the project resulted in a temporary halt on acquisition.

Approval of a smaller acquisition area allowed for continuation in 2007. This areaprovided for connectivity with adjacent public lands and generally corresponds to theConsolidation Regions identified on Exhibit 2. The revised approach allowed staff toproceed directly to the Governing Board with appraisals and acquisition for parcelsnot exceeding appraised value. An additional 153 acres were acquired until furtheracquisition ceased in 2010.

Management ChallengesEffective long-term management of the project is increasingly difficult. Prescribed firemanagement of the small, non-contiguous parcels is precluded due to the immediateadjacency of private properties or structures. Security to discourage illegal dumpingor unauthorized uses is labor and time intensive. Current land management activitiesfocus on larger project tracts and consist of security, prescribed burning, resourcemonitoring, exotic species control, and public use/recreational development andmonitoring.

Changes by FDEP to the Florida Forever project boundary in 2011 eliminatedproperties with residential or commercial structures, mining or intensive agriculturaloperations, or those previously developed with infrastructure (i.e., water/sewer lines,paved roads). This removed 802 parcels (1,073 acres) from the District’s projectacquisition area and 2,970 parcels (3,667 acres) outside the area, reducing potentialfor meaningful connectivity with partner project lands to the south and east.

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Annutteliga Hammock ProjectSurplus and Consolidation StrategyMay 2015

2

Strategy RecommendationsIdentify parcels for surplus and retention – Exhibit 1 depicts those properties withinthe Annutteliga Hammock project proposed for surplus, as well as those proposedfor retention. Surplus activities for the identified parcels, to the extent practicable,should be undertaken in a prioritized phasing based on market and infrastructureconsiderations, as follows:

Phase 1 - Parcels adjacent to roads proposed for paving by Hernando Countyin Royal Highlands Units 6, 7 and 8 (Exhibit 3)Phase 2 – Parcels in Country Estates and Florida Sunshine Farmettes andRoyal Highlands Units 1B, 3, and 3B, which exhibit greater sales activityand/or are located in closer proximity to U.S. Highway 19 and communityservices (i.e., shopping, medical, etc.)Phase 3 – Remaining parcels located within Royal Highlands Units 6, 7 and 8

Define areas for consolidation - The Consolidation Region depicted on Exhibit 2provides for connectivity with public conservation properties to the west and north.Acquisitions within this corridor may be considered in a prioritized manner onceinitial surplus efforts prove successful and could occur via purchase or in exchange(on an equal value basis) with other District-owned surplus parcels. Initialacquisitions, if pursued, should be emphasized within Priority Area 1 to consolidatethat portion of the project located between existing public conservation lands.Acquisitions within Priority Areas 2 and 3 may be pursued, in that order, but aresecondary to those within Priority Area 1.

Combine parcels for surplus to reduce impacts and competition with other property sales – In an effort to reduce nitrogen loading within the Chassahowitzkaspringshed, contiguous District-owned parcels identified for surplus should becombined, where feasible and practicable, and sold or traded as one property. Thiswould result in up to 587 smaller individual parcels being combined into up to 210larger parcels (Exhibit 4). The combined parcels would be deed restricted (or otherviable instrument) to one dwelling unit and the development envelope limited,thereby reducing potential septic and landscape nitrogen loading within thespringshed. Combining parcels for surplus will result in creating a unique product,allowing for increased sales potential by those seeking a larger or atypical propertywithin this geographic area. The unique nature of this product also serves to reducedirect sales competition with the numerous half-acre properties typical of this area.

Special provisions for larger surplus properties – In order to afford enhanced waterresources protection, additional provisions will be implemented as a condition of salefor those larger properties (20+ acres and greater) identified as surplus. Provisionsmay include, but are not limited to: 1) restrictions on the number of times each parcelcan be subdivided to limit density; and/or 2) use of conservation easements, deedrestrictions or other measures to limit the development envelope and uses on eachparcel. The subject properties are located within either the Rural and Residentialland use categories on the Hernando County Future Land Use Map (FLUM), with

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3

two of the properties containing existing FLUM designations of Conservation. Zoningfor the properties include either Agriculture or Residential (R1C). Pursuant to theHernando County Comprehensive Plan, properties in the Rural category have anallowed density of up to 1 dwelling unit per 10 acres, whereas the properties in theResidential category are allowed up to 5.4 dwelling units per acre. Any proposedsubdivision of these properties would be restricted to densities allowed by the FLUM,but will be limited by the District to a maximum of 1 dwelling unit per 10 acres,generally affording greater protections than the overlying FLUM designations.

Coordination with partner acquisition entities – Given the partnership nature of theproject, continue coordination activities with each of the identified project acquisitionpartners, including the FDEP, FFS, FWC, FDOT, Hernando County and The NatureConservancy. Ongoing coordination with Hernando County is recommended relativeto their engagement with citizens on District surplus activities, their long-range roadpaving initiatives and the proposed extension of Thrasher Road through to U.S.Highway 98.

Coordination with Hernando County on land use activities – Several measuresoutlined in this strategy to address continued resource protection will requireactivities that are land use based in nature. These measures include, but are notlimited to, use of plat vacations, replatting and/or rezoning for property consolidation,as well as use of deed restrictions or conservation easements to limit densitiesand/or development envelopes. Given Hernando County’s specific authority for landuse control, application of these measures will require close coordination with theCounty. As such, the District has initiated discussions with the County’s Planningand Zoning staff for review and input on these options and will continue tocoordinate with them to implement those measures most effective to achieving theobjectives of this strategy.

Coordination with Public Affairs Bureau on strategy implementation – The natureand extent of the proposed surplus effort warrants coordination with Public AffairsBureau staff. They can assist in the development of messaging and other outreachthat may be required for this unique, long-term surplus/consolidation project.

Initiate surplus activities – Pursuant to direction outlined in this strategy, initiatedisposition activities for the identified surplus parcels. Disposition of District-ownedparcels should be considered available for, in priority order: 1) exchange withprivately owned parcels starting with those located in the Priority 1 ConsolidationRegion; 2) sale to abutting property owners; or 3) sale on the open market assurplus. Exchanges should first be explored in order to not flood the market withadditional properties, which could potentially further depress property values.Provisions of Chapter 373.089(4), F.S., provide Governing Board flexibility inaddressing exchanges, with all such exchanges to occur on an equal value basis.

Continue to pursue changes to Chapter 373, Florida Statutes – Changes to Chapter373.089, F.S., proposed as part of SB 762 considered by the 2015 FloridaLegislature did not pass. Such changes would have provided greater latitude to theDistrict and other agencies in the disposition of smaller, lesser valued properties like

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4

many of those within the Annutteliga Hammock project. The District will continue topursue such changes in future years. In the interim, the District will continue to beefficient and flexible in its disposition of properties in accordance with existingFlorida Statutes and District Governing Board policies and procedures, with anoverall objective to fully recoup its investment in the project.

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THRASHER AVE

CENTRALIA RD

SUN

CO

AST PKWY

19

19


Proposed Surplus Parcels (1,021 parcels)

District Owned Parcels Retained (345 parcels)

Parcels with Houses (1,096 parcels)

Privately Owned Vacant Parcels (4,701 parcels)

Project Boundary

Area Not Included in Project

0 2,000 4,000

FeetDocument Path: P:\SpecialProjects\DistLandsProfiles\MXDs\Annutteliga_Hammock\AH Status Map.mxd

ExhibitAnnutteliga Hammock - Surplus Parcels

THRASHER AVE

CENTRALIA RD

SUN

CO

AST PKWY

19

19




Consolidation Region - Priority Area 1



0 2,000 4,000


Exhibit 2Annutteliga Hammock - Surplus Parcels and Consolidation Region Priority Areas

Packet Pg

THRASHER AVE

CENTRALIA RD

SUN

CO

AST PKWY

19

19







Roads Proposed to be Paved

0 2,000 4,000


Exhibit 3Annutteliga Hammock - Proposed Paving Areas

THRASHER AVE

CENTRALIA RD

SUN

CO

AST PKWY

19

19



Parcels proposed to be merged

Parcels proposed not to be merged

0 2,000 4,000


Exhibit 4Annutteliga Hammock - Proposed Merged Parcels

Item 46

OPERATIONS, LANDS, AND RESOURCE MONITORING COMMITTEEOctober 25, 2016Routine ReportHydrologic Conditions Report

This routine report provides information on the general state of the District's hydrologic conditions, by comparing rainfall, surface water, and groundwater levels for the month under review, which is September, with comparable data from the historical record. The data shown are typically considered final, fully verified monthly values, but occasionally, due to timing of publication, some data are identified as "provisional," meaning that the values shown are best estimates based on incomplete data.

The information presented below is a summary of data presented in more detail in the monthly Hydrologic Conditions Report published the week before the Governing Board meeting, which also includes an updated provisional summary of hydrologic conditions as of the date of publication. It is available at http://www.swfwmd.state.fl.us/waterres/hydro/.

RainfallRainfall totals for September indicate rainfall amounts were above-normal in the northern region of the District, at the upper-end of the normal range in the central region and in the middle of the normal range in the southern region. The normal range is defined as rainfall totals that fall on orbetween the 25th to 75th percentiles derived from the historical data for each month.

· Northern region rainfall averaged 9.04 inches, equivalent to the 86th percentile· Central region rainfall averaged 7.53 inches, equivalent to the 70th percentile.· Southern region rainfall averaged 7.00 inches, equivalent to the 53rd percentile.· District-wide, average rainfall was 7.76 inches, equivalent to the 73rd percentile.

StreamflowStreamflow data indicate that flow increased in all regions of the District, compared to the previous month. Based on flow measurements in regional index rivers, average streamflow conditions were at the lower-end of the normal range in the northern region, slightly above-normal in the central region and at the upper-end of the normal range in the southern region. Normal streamflow is defined as flow that falls on or between the 25th and 75th percentiles.

· The monthly average streamflow in the Withlacoochee River near Holder in the northernregion was in the 32nd percentile.

· The monthly average streamflow measured in the Hillsborough River near Zephyrhills in thecentral region was in the 77th percentile.

· The monthly average streamflow measured in the Peace River at Arcadia in the southernregion was in the 74th percentile.

Groundwater LevelsGroundwater data for September indicate that levels in the Floridan/Intermediate aquifer increased in all regions of the District, compared to last month. Groundwater levels ended the month in the middle of the normal range in the northern region and at the upper-end of the

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Item 46

normal range in the central and southern regions. Normal groundwater levels are defined as those falling on or between the 25th and 75th percentiles.

· The average groundwater level in the northern region was in the 52nd percentile.· The average groundwater level in the central region was in the 75th percentile.· The average groundwater level in the southern region was in the 62nd percentile.

Lake LevelsWater level data for September indicate average lake levels increased in all regions of the District, compared to the previous month. Regional lake levels ended the month within the annual normal range in the Northern, Tampa Bay, Polk Uplands and Lake Wales Ridge regions. Normal lake levels are generally considered to be levels that fall between the minimum low management level and the minimum flood level.

· Average lake levels in the Northern region increased 0.96 foot and were 0.01 foot above thebase of the annual normal range.

· Average lake levels in the Tampa Bay region increased 0.19 foot and were 1.78 feet abovethe base of the annual normal range.

· Average lake levels in the Polk Uplands region increased 0.28 foot and were 2.22 feetabove the base of the annual normal range.

· Average lake levels in the Lake Wales Ridge region increased 0.33 foot and were 1.32 feetabove the base of the annual normal range.

Issues of SignificanceSeptember completes the last month of the four-month wet season (June through September) and rainfall totals for the month were above-normal in the northern region of the District, at the upper-end of the normal range in the central region and in the middle of the normal range in the southern region. Rainfall during September was scattered, regionally variable and associated with several weather phenomenon, including Hurricane Hermine that brought 3.6 inches of rainfall District-wide, with local accumulations of over 12 inches reported, during the first week of the month. Rainfall during the remainder of September saw typical summertime sea breeze and convective (afternoon/evening) rainstorm activity that brought an additional 4.2 inches District-wide. Rainfall accumulations for the 2016 wet season District-wide were considered normal, showing a surplus of 1.2 inches above the long-term historic average. The District-wide 12- and 24-month cumulative rainfall totals were approximately 3.5 and 8.5 inches, respectively, abovetheir long-term historic averages.

As the District now moves out of the wet season and enters the 8-month dry season (October-May), regional groundwater, streamflow and lake level conditions are at normal to upper-normal levels in all regions of the District.

NOAA climate forecasts currently predict uncertainty for rainfall during October, while they forecast below-normal rainfall conditions for the upcoming fall, winter and spring months. Additionally, NOAA has recently downgraded its forecast for La Niña conditions during the fall and winter of 2016-17, and is currently favoring ENSO-Neutral conditions, which may lessen the expectation for below-average rainfall.

Updated weather forecasts will be available in mid-October. Staff will continue to monitor conditions in accordance with the District's updated Water Shortage Plan, including any necessary supplemental analysis of pertinent data.

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Item 46


This item is provided for the Board's information only, and no action is required.

Presenter: Granville Kinsman, Hydrologic Data Manager

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Item 47

OPERATIONS, LANDS, AND RESOURCE MONITORING COMMITTEEOctober 25, 2016Routine ReportStucture Operations

Summary of the operations made for the month of August.

· Inglis Water Control Structures: The Inglis Bypass Spillway and Inglis Main Dam wereoperated to maintain water levels in Lake Rousseau and provide flow to the lowerWithlacoochee River. The average monthly water level for Lake Rousseau was 27.55’National Geodetic Vertical Datum (NGVD) compared to the recommended maintenancelevel for the reservoir of 27.50’ NGVD.

· Withlacoochee River Watershed: Water control structures in the Tsala Apopka Chain ofLakes are being operated to conserve water. The Wysong-Coogler Water Conservationmain dam is partially open and the low flow gate is fully open. Both the main dam and thelow flow gate were operated to aid in the regulation of the Lake Panasoffkee water level andto provide flow to the Withlacoochee River downstream of the structure. The average waterlevel for Lake Panasoffkee was 38.61’ NGVD.

· Alafia River Watershed: The Medard Reservoir structure was operated to maintain normaloperating levels. The average water level for the Medard Reservoir was 59.34’ NGVDcompared to the recommended maintenance level of 59.00’ NGVD.

· Hillsborough River Watershed: The Thirteen Mile Run system and Flint Creek structureswere operated to maintain normal operating levels. The average monthly water level forLake Thonotosassa was 36.44’ NGVD, compared to the recommended maintenance level of36.50' NGVD.

· Tampa Bay/Anclote Watershed: The Rocky Creek system, Brooker Creek system, andSawgrass structures were operated in order to maintain normal operation levels. Theaverage monthly water level for Lake Tarpon was 3.20’ NGVD, compared to therecommended maintenance level of 3.20’ NGVD.

· Peace River Watershed: The North Winter Haven Chain of Lakes, Lake Parker, and theLake Hancock structures were operated to maintain water levels. The average monthlywater level for Lake Hancock was 100.34’ NGVD, compared to the recommendedmaintenance level of 100.00’ NGVD.

· Lake Wales Ridge Watershed: Structure G-90 was operated in order to increase June-in-Winter lake level to the target water conservation level. The average monthly water level forLake June-in-Winter was 74.57’ NGVD, compared to the recommended level of 75.0’NGVD.

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Item 47

Presenter: Ken Frink, Operations, Lands and Resource Monitoring Division Director

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This item is provided for the Board's information only, and no action is required.

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Item 48

OPERATIONS, LANDS, AND RESOURCE MONITORING COMMITTEEOctober 25, 2016Routine ReportSignificant Activities


This item is presented for the Board’s information only, no action is required.

Presenter: Ken Frink, Operations, Lands and Resource Monitoring Division Director

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Significant Activities

This report provides monthly information through September 30, 2016 on significant Operationsand Land Management projects and programs in which the Governing Board is participating infunding and otherwise may be of interest to the Board. The report provides a brief description andstatus of significant activities associated with the projects that have recently occurred or are aboutto happen.

Land Management

The prescribed fire team has applied fire management to 38,237 acres of District conservationlands during FY16.

Timber crews have harvested 9 loads of timber from the Oakridge Timber Management Zoneand the Lower Hillsborough Wilderness Preserve. The District has received full payment forall 9 loads, totaling 198 tons, yielding $2,290.65. The remainder of the timber will be harvestedwhen site conditions improve.

The District has received bids on the Michaloney Timber Zone for a first thinning of over 500acres. The highest bidder was accepted and contracts are being routed for signatures. Dueto the expected revenue, signature authority requires Governing Board Chair approval.

Feral hog staff continue to trap on District lands. There have been 1,220 feral hogs removedfrom District lands during FY2016.

Conducted annual meeting with members of FWC to discuss past and upcoming hunt years,security, rule changes, and interactions with the phased feral hog population managementefforts.

District certified prescribed fire managers attended the Central Florida Prescribed Fire Councilmeeting as part of maintaining certification and keeping current on issues facing theprofession of prescribed fire.

Land Resources/Land Use and Protection

During routine monitoring of conservation easement 21-199-108C staff discovered a violationof the agreement, the parcel had been subdivided and that portion sold. Staff from LandResources and the Office of General Counsel worked together to notify the grantor of theviolation and remedy. The grantor remedied the violation by restoring title to the propertycovered by the conservation easement.

Submitted to DEP the annual Private Activity Worksheet which tracks monies generated onlands acquired with Florida Forever bonds. This includes surplus property interests and land-based revenue.

Issued Special Use Authorization to David Hunt, Florida Forest Service, for vehicle accessand use of select portions of Lake Hancock – East Pits, Green Swamp West – WRB Tract,E.W. Chance Reserve – Gilley Creek & Coker Prairie Tracts, and Flying Eagle Nature Center.

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Operation Outdoor Freedom will host eight alligator/egg, deer, hog, turkey hunts/collectionand camping opportunities for United States veterans.

Issued Special Use Authorization to Weeki Wachee High School for vehicle access and useof Weekiwachee Preserve to conduct two cross-country race events. Up to 150 participantsand spectators are expected per event.

Issued Special Use Authorization to the Florida Southwestern State College for vehicle accessto Prairie/Shell Creek to lead six field trips (estimate) throughout the year to view and studyhabitats as part of an ecosystems course.

Volunteers provided 120 hours of service, a value of approximately $2,593.20 to Districtconservation/recreation lands.

Processed 80 requests and provided 455 camping opportunities on District lands.

Land Resources/Real Estate Services

Upper Myakka River Watershed (Triangle Ranch, Manatee County) – Acquisition of aconservation easement over 1,088 acres was on October 5, 2016.

Surplus Property – In 2011, at the direction of the Governing Board, the District began aregular surplus lands assessment. Since that time 773 parcels consisting of approximately4,880 acres have been identified for surplus or transfer/exchange to another governmentalentity. The following is the status of these parcels:

o Fourteen parcels consisting of approximately 333 acres have been sold or transferred.The parcels are within the Flying Eagle Preserve in Citrus County; Lake Tarpon OutfallCanal in Pinellas County; Green Swamp Wilderness Preserve in Polk County; thePanasoffkee-Outlet Tract in Sumter County; and the Chito Branch Reserve, LakePretty, Lower Hillsborough Wilderness Preserve, Alafia River and Tampa BypassCanal in Hillsborough County. Revenue received to date is $1,179,325.

o One parcel consisting of approximately two acres has been approved for sale toanother governmental entity by the Governing Board. The parcel is within theAnnutteliga Hammock in Hernando County. Anticipated revenue is $20,000.

o One parcel consisting of 29 acres within the Lake Hancock project in Polk County hasreceived an offer to purchase in the amount of $676,102. This sale is scheduled forthe October Governing Board meeting.

o Two Parcels consisting of approximately 73 acres are involved in interagencytransfers. The parcels are part of the Annutteliga Hammock and Pine Island projectsin Hernando and Manatee counties, respectively.

o Twenty-two parcels consisting of 2,308 acres are being prepared to be offered forpublic sale (Flying Eagle Preserve and Two-Mile Prairie/Tsala Apopka Connector inCitrus County; Cypress Creek, Green Swamp West, Hidden Lake and UpperHillsborough Preserve in Pasco County; Green Swamp East in Lake County; TampaBypass Canal and Chito Branch Reserve in Hillsborough County: Deep Creek in

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DeSoto County; and Annutteliga Hammock and Weekiwachee Preserve in HernandoCounty).

o Five parcels along the Tampa Bypass Canal and Lake Pretty in Hillsborough Countyconsisting of approximately 32 acres are nonmarketable in their existing state.

o The Annutteliga Hammock project properties declared surplus in Hernando Countycomprise approximately 1,038 acres and consist of 714 individual parcels continuesto be evaluated, together with the development of an exchange, sale and marketingstrategy. Parcels range in size from less than one acre to 164 acres. Staff iscoordinating with Hernando County to address lot consolidation and developmentrestriction requirements.

o The remaining properties are being evaluated.

The following is a breakdown of District land interests:

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GENERAL COUNSEL’S REPORT

Discussion Items


Submit & File Reports - None

Routine Reports

50. October 2016-Rulemaking Update...............................................................................................177

51. October 2016-Litigation Report...... ..............................................................................................180

Item 49

GENERAL COUNSEL'S REPORTOctober 25, 2016Discussion ItemConsent Item(s) Moved for Discussion


Presenter: Karen E. West, General Counsel

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Item 50

GENERAL COUNSEL'S REPORTOctober 25, 2016Routine ReportOctober 2016-Rulemaking Update



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1 NA = NOT APPLICABLE; TBD = TO BE DETERMINED

RULEMAKING UPDATE OCTOBER 2016

PROPOSED RULES & AMENDMENTS

RULEINITIATION

DATE

NEXTSCHEDULED

ACTION

BOARDPROJECTED/APPROVED

DATE1. Initiation and Approval of Rulemaking to

Amend Rule 40D-1.659, F.A.C., to AdoptRevised Forms and Instructions

August2015

TBD August2015

2. Initiation and Approval of Rulemaking toAmend Rule 40D-1.659, F.A.C. and theERP Applicant’s Handbook Volume II, aspart of SWERP Rule Amendments

March2016

Request Board approval of final rule language,

November 2016

November2016

3. Initiation and Approval of Rulemaking toAmend Rule 40D-2.302(1), F.A.C. toRepeal Reservations from Use of MorrisBridge Sink

May 2015

TBD TBD

4. Initiation and Approval of Rulemaking toAmend Rule 40D-8.624, F.A.C., to adoptMinimum Levels for Moon Lake in PascoCounty, Florida

August2015

TBD August2015

5. Initiation and Approval of Rulemaking toAmend Rule 40D-8.624, F.A.C., to adoptMinimum Levels for Eagle Lake and LakeMcLeod in Polk County

October2015

TBD October2015

6. Initiation and Approval of Rulemaking toAmend Rule 40D-8.624, F.A.C., to adoptMinimum Levels for Lake Hancock in PolkCounty

October2015

Submittal of Certification Pack,

October 2016

October 2015

7. Initiation and Approval of Rulemaking toAmend Rule 40D-8.624, F.A.C., to adoptMinimum Levels for Lake Starr and LakeWales in Polk County

December2015

TBD December 2015

8. Initiation and Approval of Rulemaking toAmend Rule 40D-8.624, F.A.C., to adoptMinimum Levels for Lake Buddy and LakePasadena in Polk County

December2015

TBD December 2015

9. Initiation and Approval of Rulemaking toAmend Rule 40D-8.624, F.A.C., to adoptrevised Minimum Levels for Lake Clinch inPolk County

December2015

TBD December 2015

10. Initiation and Approval of Rulemaking toAmend Rule 40D-8.624, F.A.C., to adoptrevised Minimum Levels for Crews Lakein Pasco County

December2015

TBD January 2016

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RULE INITIATIONDATE

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ACTION

BOARDPROJECTED/APPROVED

DATE11. Initiation and Approval of Rulemaking to

Amend Rule 40D-8.624, F.A.C., to adoptrevised Minimum Levels for Lake Dan andSunset Lake in Hillsborough County

August 2016

TBD August 2016

12. Initiation and Approval of Rulemaking toAmend Rule 40D-8.624, F.A.C., to adoptrevised Minimum Levels for Horse Lake,Rainbow Lake, Little Moon Lake, andLake Juanita in Hillsborough County

August 2016

TBD September 2016

13. Initiation and Approval of Rulemaking toAmend Rule 40D-8.624, F.A.C., to adoptrevised Minimum Levels for LakeMerrywater in Hillsborough County

August 2016

TBD September 2016

14. Initiation and Approval of Rulemaking toAmend Rules 40D-26.021(5), 40D-26.091,and 40D-26.101(2)(a), to incorporate theupdated FARMS Program Model FarmsEconomic Study

October2016

TBD October2016

15. Initiation and Approval of Rulemaking toAmend Rule 40D-2.091(2), F.A.C., toRevise Form LEG-053.00, Flow MeterPost-Installation InformationReimbursement Form

October 2016

TBD October 2016

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GENERAL COUNSEL'S REPORTOctober 25, 2016Routine ReportOctober 2016-Litigation Report



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SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT LITIGATION REPORT October 2016

(Most recent activity in each case is in boldface type)

DELEGATED ADMINISTRATIVE HEARING MATTERS 0 Cases as of October 5, 2016

OPEN ENFORCEMENT CASES 58 Cases as of September 7, 2016

66 Cases as of October 5, 2016

ENFORCEMENT CASES IN ACTIVE LITIGATION 0 Cases as of October 5, 2016

(Including Administrative Complaints)

PERMIT/AGENCY ACTION CHALLENGES3 Cases as of October 5, 2016

STYLE: Joseph McClash v. Land Trust #97-12 and SWFWMD; Manasota-88, Inc. v. SWFWMD, et. al.; and Florida Institute for Saltwater Heritage, Inc. v. SWFWMD, et. al.

COURT/CASE NO.: Division of Administrative Hearings Case Nos. 14-4735, 14-5038, and 14-5135 – Consolidated ATTORNEY: K. West/A. BrennanACTION: Administrative Hearing Challenging Environmental Resource Permit (Single Family Homes at Harbor Sound)

DESCRIPTION: On August 21, 2014, the District issued a Notice of Intended Agency Action for approval of an ERP issued to Land Trust #97-12 for the construction of a stormwater management system to serve a 3.46-acre single family residential project. The District received timely and sufficient Petitions for Administrative Hearing filed by Joseph McClash, Manasota-88, Inc. (Manasota-88), and the Florida Institute for Saltwater Heritage, Inc. (FISH) (collectively, Petitioners). The petitions were referred to DOAH to conduct a final hearing. Sierra Club, Inc. (Sierra Club) and Suncoast Waterkeeper, Inc. (Suncoast) (collectively, Intervenors) were later granted intervention into the proceedings.

A final hearing in the matter was held on February 17 through 19, 2015, in Tampa, Florida. On June 25, 2015, the ALJ issued a recommended order recommending the District deny the ERP based upon a failure to provide reasonable assurance of compliance with the applicable criteria. Specifically, the ALJ found that the proposed project: 1) did not implement practicable design modifications to eliminate or reduce adverse impacts; 2) provided insufficient mitigation for secondary impacts; 3) resulted in significant adverse impacts to the functions of wetlands in the basin from cumulative impacts; and 4) was not clearly in the public interest.

The Governing Board entered a Final Order issuing the ERP on August 25, 2015. The Final Order was rendered and a Notice of Entry of Final Order was served on the parties on August 28, 2015.

On September 24, 2015, the Final Order was appealed by Petitioners and Intervenors to the Fifth District Court of Appeal. See, Appeals, below.

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STYLE: Joseph Flynn, Michael Schobinger, and Martin Van Luven v. SWFWMD and SWR Properties, LLCCOURT/CASE NO.: Division of Administrative Hearings Case Nos. 16-3910, 16-3911, and 16-4356 – ConsolidatedATTORNEY: A. Brennan/M. Bray/C. TumminiaACTION: Administrative hearing challenging Water Use Permit No. 20020576.000

DESCRIPTION: On November 12, 2015, SWR Properties, LLC, filed a Water Use Permit (“WUP”) application number 20020576.000 with the District requesting authorization for groundwater withdrawals of 496,000 gallons per day on an annual average basis for industrial/commercial use. On June 8, 2016, the District issued its notice of intended agency action indicating that it had completed its review of the Application and was approving Water Use Permit No. 20020576.000. Thereafter, the District received petitions for administrative hearing from 14 different citizens. Most have been dismissed as insufficient.The petitions received from Joseph Flynn, (“Flynn”), Michael Schobinger (“Schobinger”), and Martin Van Luven (“Van Luven”) were determined to be substantially compliant with Rule 28-106.201, F.A.C., and were referred to the Division of Administrative Hearings. By order dated August 4, 2016, the ALJ consolidated the three petitions into one proceeding.Presently, motions to dismiss have been filed as to Flynn and Schobinger, and those motions are pending. The Final hearing is currently scheduled for October 25 through 27, 2016 at the District’s Brooksville Office.

On September 6, 2016, Petitioners Flynn and Schobinger filed requests to withdraw from the proceedings, and their cases were closed by order of the ALJ on September 8, 2016. On September 9, 2016, Petitioner Van Luven filed a request to withdraw from the proceeding. The ALJ closed his case the same day. CASE CLOSED.

STYLE: Suncoast Waterkeeper, Inc. v. SWFWMD and Cargor Partners VIII – Long Bar Pointe, LLLPCOURT/CASE NO.: Division of Administrative Hearings Case No. 16-5696 ATTORNEY: M. Bray/C. TumminiaACTION: Administrative hearing challenging Permanent Farming Exemption No. 733121

DESCRIPTION: On August 12, 2016, Cargor Partners VIII – Long Bar Pointe, LLLP (“Applicant”) filed a Permanent Farming Request for Exemption Confirmation Letter (“Request for Exemption”) with the District requesting confirmation of an agricultural exemption for the proposed construction of three farm ponds for agricultural use. On August 30, 2016, the District issued its notice of intended agency action indicating that the proposed activity qualified for a permanent farming exemption pursuant to Section 373.406(13), F.S., Rule 62-330.051, F.A.C., and Section 1.3(3), Environmental Resource Permit Applicant’s Handbook Volume II (“AH II”). On September 14, 2016, Suncoast Waterkeeper, Inc. (“Petitioner”) filed a Petition for Administrative Hearing with the District challenging thedetermination that the activities proposed by the Applicant qualified for an agricultural exemption. The Petition was referred to the Division of Administrative Hearings on September 29, 2016, and the Administrative Law Judge issued an Initial Order on October 3, 2016. The deadline for filing a Joint Response to the Initial Order is October 10, 2016.

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MISCELLANEOUS 9 Cases as of October 5, 2016

STYLE: In re: Danny J. Suggs COURT/CASE NO.: United States Bankruptcy Court, Middle District of Florida, Jacksonville Division/Case No. 3:12-bk-06997-PMG ATTORNEY: A. ViningACTION: Chapter 7 Bankruptcy and subsequent Adversary Proceeding

DESCRIPTION: On October 25, 2012, Danny J. Suggs (Suggs) filed for Chapter 7 Bankruptcy, listing the District as his largest priority creditor due to a 2009 judgment and resulting lien on real property the District had obtained against Suggs and other members of his family (Suggs Family Defendants) in an enforcement action for unauthorized construction activities on the property. On June 19, 2013, the District filed an adversary complaint within the main bankruptcy case based on the District’s 2009 judgment and objecting to Suggs’ discharge of debts in bankruptcy. The District argued that Suggs could not discharge the civil penalties awarded to the District in the amount of $1,518,450 and requested a declaratory judgment that the mandatory injunction requiring Suggs and the Suggs Family Defendants to restore the subject property and its wetlands, with estimated restoration costs of $3,371,986, was nota “claim” subject to discharge in bankruptcy. Suggs attempted to dismiss the District’s adversary complaint but was unsuccessful.

In August 2013, the District sought a stay of the bankruptcy proceedings on four grounds related to Suggs’ attempts to declare the property exempt, which would have left the District with no way of collecting its judgment. During this period, unsuccessful settlement negotiations occurred between the parties. At the same time, the Court allowed the District the opportunity to return to state circuit court to correct an error on the face of the District’s judgment. The District was successful in obtaining a corrected judgment which negated Suggs’ arguments relating to the property’s exemption from the bankruptcy.

Thereafter, Suggs contacted the District to reinstitute settlement negotiations, and ultimately accepted the District’s settlement offer it had made in October 2014. All necessary parties had executed the settlement agreement by February 24, 2015. On March 12, 2015, the Court approved the settlement agreement via order, which is now final and non-appealable. Accordingly, the bankruptcy court has entered a final judgment in the adversary case, finding the $1.5 million in civil penalties non-dischargeable and declaring that the $3.3 million in restoration costs did not constitute a "claim" in bankruptcy and therefore not subject to the discharge. Districtstaff is now working to carry out the terms of the settlement agreement. Due to pending counts within the adversary complaint, theCourt will not discharge Suggs’ debts until the terms of the settlement agreement are completed.

In order to effectuate the Settlement Agreement, the parties have agreed to dismiss the adversary proceeding which will allow the bankruptcy court to enter the order discharging the debtor's debts in the main bankruptcy case. The parties are in the process of amending the Settlement Agreement to incorporate this modification to the settlement process and thereafter will file the appropriate motions with the bankruptcy court. Once the amendment is approved by the court, the parties will schedule closing on the land exchange as contemplated by the Settlement Agreement. On May 25, 2016, the Court filed an order approving the amendment to the Settlement Agreement, which resulted in the dismissal of the adversary proceeding on June 17, 2016. The same day, the Court granted Suggs a discharge in the bankruptcy proceeding. The transfer of property dictated by the Settlement Agreementclosed on October 5, 2016.

STYLE: Clint Galentine v. SWFWMD and Florida Fish and Wildlife Conservation Commission (FWC) COURT/CASE NO.: Fifth Judicial Circuit/Hernando County; Case NO. 15-CA-711ATTORNEY: V. Arenas-BattlesACTION: Complaint alleging negligence against the District and FWC due to a gunshot wound that was sustained during a managed

hunt and that resulted in serious bodily injury

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DESCRIPTION: On April 7, 2015, the District was served with a Summons, Complaint, Initial Request to Produce, Request for Admissions,

Interrogatories filed by Clint A. Galentine (Plaintiff) regarding injuries he sustained during a managed hunt on District property. Risk Management and the District’s insurance carrier have been notified of the lawsuit, and whose in-house counsel is representing the District. Settlement offers have been made by each of the parties but have since expired (District proposed to settle in the amount of $1,000; Plaintiff proposed to settle in the amount of $200,000). The parties are currently engaged in discovery. In October 2015, the District filed a Motion for Summary Judgment, the substance of which will be scheduled for a hearing by the Court. The Court has not ruled on the District’s pending Motion to Compel Plaintiff’s production of documents related to his $300,000 settlement with the shooter’s homeowners’ insurance carrier. Discovery is ongoing; Depositions of District staff took place on June 14, 2016 and June 21, 2016.

STYLE: Sabal Trail Transmission, LLC v. +/- 75.178 Acres of Land (+/- 42.057 Acres of Land in Marion County, Florida, +/- 20.411

Acres of Land in Citrus County, Florida, and +/- 12.710 Acres of Land in Lake County, Florida), Southwest Florida Water Management District, a Public Corporation, The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, and Unknown Owners, if any

COURT/CASE NO.: 5:16-cv-00243-BJD-PRL ATTORNEY: M. Bray ACTION: Complaint to condemn easement interests necessary for construction of interstate natural gas pipeline project TRACT NO.: FL-MA-041.000, CCL-FL-CI-009.000, FL-LA-057.009-CE, FL-LA-058.000-CE, FL-LA-059.000-CE, FL-LA-060.000-CE DESCRIPTION: This is an action for condemnation by Sabal Trail Transmission, LLC (Sabal Trail), exercising the federal power of eminent

domain under the Natural Gas Act, 15 U.S.C. 717, et. seq., pursuant to a Certificate of Public Convenience and Necessity issued by the Federal Energy Regulatory Commission on February 2, 2016 in Docket No. CP15-17-000 for the Sabal Trail Project. On March 25, 2016, Sabal Trail filed a complaint to condemn the easement interests necessary for the interstate natural gas pipeline project to cross through District-owned lands in Marion County (Halapata Tastanaki Preserve), Citrus County (Two-Mile Prairie State Forest), and Lake County (proprietary conservation easements). On April 7, 2016, Sabal Trail served the notice of condemnation and complaint on the District pursuant to Rule 71.1, Federal Rules of Civil Procedure, which governs judicial procedure for eminent domain actions. Contemporaneously with the complaint, Sabal Trail filed a motion for partial summary judgment determining the right to condemn easements and a motion for preliminary injunction for immediate possession of the underlying properties pending further judicial proceedings.

The court scheduled a hearing for May 13, 2016, on Sabal Trail's pending motion for partial summary judgment determining

the right to condemn easements and its motion for preliminary injunction for immediate possession. At the April 26, 2016 meeting, the Governing Board consented to immediate possession of District-owned lands and entry by Sabal Trail to commence construction of the pipeline project. Accordingly, the parties will stipulate to an agreed order that will resolve Sabal Trail's two pending motions, subject to certain conditions for possession and entry as required by the District's land managers, and thereby cancel the necessity for a hearing. In addition, the District will file a Notice of Appearance in order to preserve any issue that may arise with respect to full compensation for Sabal Trail's condemnation of the District's fee simple ownership interests in the Halpata and Two Mile Prairie properties and its conservation easement over the Bronson Property. The parties have negotiated a stipulated final judgment to conclude and settle this condemnation action, which will include the amount of full compensation and the terms of conditions of the relative easement agreements and the District's consent to encroachment of its conservation easement interests. The final documents are being presented to the Governing Board for approval at the September 2016 Governing Board meeting.

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The Governing Board approved the stipulated final judgment and attached easements and encroachment agreement at the September 2016 meeting. The documents have been executed, and will be filed imminently.

STYLE: Sabal Trail Transmission, LLC v. +/- 13.386 Acres of Land in Lake County, Florida, Rex M. Smith, Kellie Laine Smith Noles, Southwest Florida Water Management District and Unknown Owners, if any

COURT/CASE NO.: 5:16-cv-00147-CEM-PRLATTORNEY: M. BrayACTION: Complaint to condemn easement interests necessary for construction of interstate natural gas pipeline project.TRACT NO.: FL-LA-061.000, FL-LA-062.000, FL-LA-063.000

DESCRIPTION: This is an action for condemnation by Sabal Trail Transmission, LLC (Sabal Trail), exercising the federal power of eminent domain under the Natural Gas Act, 15 U.S.C. 717, et. seq., pursuant to a Certificate of Public Convenience and Necessity issued by the Federal Energy Regulatory Commission on February 2, 2016 in Docket No. CP15-17-000 for the Sabal Trail Project. On March 18, 2016, Sabal Trail filed a complaint to condemn the easement interests necessary for the interstate natural gas pipeline project to cross through properties owned in fee simple by Kellie Smith Noles and Rex Smith, upon which the District holds a conservation easement on one of the relative parcels (Tract FL-LA-061.000). Contemporaneously with the complaint, Sabal Trail filed a motion for partial summary judgment determining the right to condemn easements and a motion for preliminary injunction for immediate possession of the underlying properties pending further judicial proceedings. This case is related to docket 5:16-cv-00243-BJD-PRL, above; the parties intend to consolidate the cases.

The court scheduled a hearing for May 13, 2016, on Sabal Trail's pending motion for partial summary judgment determining the right to condemn easements and its motion for preliminary injunction for immediate possession. At the April 26, 2016 meeting, the Governing Board consented to immediate possession of District-owned lands and entry by Sabal Trail to commence construction of the pipeline project. Accordingly, the parties will stipulate to an agreed order that will resolve Sabal Trail's two pending motions, subject to certain conditions for possession and entry as required by the District's land managers, and thereby cancel the necessity for a hearing. In addition, the District will file a Notice of Appearance in order to preserve any issue that may arise with respect to full compensation for Sabal Trail's condemnation of the District's conservation easement over the Smith Property. Thereafter, the parties will negotiate a stipulated final judgment to conclude and settle this condemnation action, which will include the amount of full compensation and the terms of conditions of the District's consent to encroachment of its conservation easement interests to the property.

The Governing Board approved the stipulated final judgment and attached easements and encroachment agreement at the September 2016 meeting. The documents have been executed, and will be filed imminently.

STYLE: Sesler, Willie v. SWFWMD COURT/CASE NO.: Fifth Judicial Circuit/Sumter County; Case No. 2016-CA-000014ATTORNEY: T. Beecher/V. Arenas-BattlesACTION: Complaint alleging negligence against the District regarding a motor vehicle accident

DESCRIPTION: On September 22, 2016, the District was served with a complaint for negligence involving a motor vehicle accident. The matter has been referred to counsel for the District’s insurance carrier.

STYLE: Stokes, Jacqueline v. SWFWMD COURT/CASE NO.: Fifth Judicial Circuit/Sumter County; Case No. 2016-CA-000078

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ATTORNEY: T. Beecher/V. Arenas-BattlesACTION: Complaint alleging negligence against the District regarding a motor vehicle accident

DESCRIPTION: On April 11, 2016, the District was served with a complaint for negligence involving a motor vehicle accident. The matter has been referred to counsel for the District’s insurance carrier. On April 22, 2016, the District filed a motion to dismiss the complaint for failure to comply with the pre-suit requirements in Section 768.28(6)(b), F.S. On April 26, 2016, theDistrict’s counsel informed District staff that he and Plaintiff’s counsel have agreed to file a stipulated motion to abate the proceeding so that Plaintiff can either file a notice of claim with the District or verify that a notice of claim was served on the District, as required by Section 768(6)(b), F.S. On May 9, 2016, the District received a copy of the summary report sent by Mr. Beecher to the insurance company. On May 31, 2016, the District received the Joint Stipulation to Abatement. To date, no notice of claim has been served on the District.

On September 1, 2016, the Court entered an Order on Defendant’s Motion to Strike Plaintiff’s Motion for Leave to File Second Amended Complaint.

STYLE: Tony’s Roasted Pepper, LLC v. Hillsborough County and SWFWMD COURT/CASE NO.: Thirteenth Judicial Circuit/Hillsborough County; Case No. 2016-CA-008690 ATTORNEY: V. Arenas-BattlesACTION: Notice of Claim pursuant to the Bert J Harris, Jr., Private Property Rights Protection Act and Complaint for

Trespass, Injunction, Inverse Condemnation, Breach of Contact and Claim for Compensation under The Bert J.Harris, Jr., Private Property Rights Protection Act

DESCRIPTION: On September 19, 2016, Tony’s Roasted Pepper, LLC (“Plaintiff”) served the District with a Notice of Claim pursuant to Section 70.001, F.S., the Bert J. Harris, Jr., Private Property Rights Protection Act (“Bert Harris Act”).The Notice of Claim alleges that Plaintiff’s property was damaged by flooding caused by Hillsborough County’s pumping from Lake Wee pursuant to emergency authorizations issued to the County by the District. Plaintiff also contemporaneously filed a Complaint for Trespass, Injunction, Inverse Condemnation, Breach of Contract, and for compensation pursuant to the Bert Harris Act (“Complaint”) in Circuit Court against both Hillsborough County and District. The District has not yet been served with the Complaint, but became aware of it when it received the Notice of Claim. Pursuant to Section 70.001(4), Florida Statutes, the District has notified the Attorney General’s Office of Legal Affairs and all contiguous property owners regarding its receipt of the Notice of Claim. District staff will respond to the Notice of Claim within the statutorily-required 150 days.

STYLE: Morley, Barry v. SWFWMD COURT/CASE NO.: Division of Administrative Hearings; Case No. 16-5392ATTORNEY: K. West/A. BrennanACTION: Request for Name-Clearing Hearing

DESCRIPTION: On August 26, 2016, the District issued a notice of discharge (“Notice”) to Barry Morley (“Morley”), discharging him from his at-will employment from the District effective at 5:00 p.m. that day. The Notice advised Morley, among other items, of his right to request a name-clearing hearing if he alleged that stigmatizing information had been placed in his personnel file, which is a public record. In the event that Morley proves that stigmatizing information

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exists in his personnel file, Morley will be entitled to place whatever information he wishes to place in his personnel file to rebut such stigmatizing information.

On September 2, 2016, Morley submitted a request for name-clearing hearing with the District. On September 16,

2016, the District referred the matter to the Division of Administrative Hearings to ensure that Morley’s request for a name-clearing hearing is directed appropriately and to assist in the orderly administration of his request. On September 21, 2016, the ALJ entered an Initial Order in the case. The District responded to the Initial Order on September 28, 2016. On September 29, 2016, the ALJ entered an Order scheduling the hearing via video-teleconference on November 16, 2016 as well as an Order of Pre-Hearing Instructions.

STYLE: Uranowski, Christina v. SWFWMD COURT/CASE NO.: Fifth Judicial Circuit/Hernando County; Case No. 2016-CA-976 ATTORNEY: T. Gonzalez ACTION: Complaint under the Florida Civil Rights Act alleging Retaliation, Handicap Discrimination, Gender Discrimination,

and Age Discrimination DESCRIPTION: On September 17, 2015, the District issued a notice of discharge (“Notice”) to Christina Uranowski (“Plaintiff”),

discharging her from her at-will employment from the District effective at 5:00 p.m. that day. In September 2015, Plaintiff filed a complaint with the U.S. Equal Employment Opportunity Commission (“EEOC Complaint”) alleging that the District discriminated against her on the basis of her gender, age, and disability as well as that the District had retaliated against her based on prior protected activity. The District responded to the EEOC charge on November 4, 2015. The EEOC has not yet rendered a determination relative to the EEOC Complaint.

On September 30, 2016, the District was served with a Complaint filed in Circuit Court for Hernando County alleging

violations of the Florida Civil Rights Act including retaliation, handicap discrimination, gender discrimination, and age discrimination related to Plaintiff’s discharge from District employment. The matter has been referred to the District’s outside employment counsel who entered his appearance in the case on October 2, 2016. An answer to the Complaint is currently due to be filed on October 20, 2016.

APPEALS 1 Case as of October 5, 2016

STYLE: McClash, et. al. v. Land Trust #97-12 and SWFWMD COURT/CASE NO.: Fifth District Court of Appeal/Case No. 5D15-3424 ATTORNEY: K. West/A. Brennan/A. Vining ACTION: Appeal of SWFWMD Final Order No. 15-021 granting an Environmental Resource Permit to Land Trust #97-12 DESCRIPTION: On September 29, 2015, Joseph McClash, (“McClash”) Manasota-88, FISH, Sierra Club, and Suncoast (collectively,

Appellants) filed with the Fifth District Court of Appeal a Notice of Appeal of SWFWMD Final Order No. 15-021, entered on August 28, 2015, granting an Environmental Resource Permit (“ERP”) to Land Trust. Land Trust unsuccessfully tried to have the case transferred to the Second District Court of Appeal. Appellate mediation took place on December 9, 2015 but was unsuccessful. The District filed the Index to the Record on February 24, 2016. On April 25, 2016, the District filed the

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Record with the Court. The Appellants filed their Initial Brief on May 2, 2016. The District and Land Trust filed their respective Answer Briefs on June 22, 2016. Contemporaneously, Land Trust filed a Request for Oral Argument and Joinder in the District’s Answer Brief. On June 23, 2016, the District served a Motion for Attorney’s Fees on the Appellants. On July 10, 2016, the Appellants filed a Notice that all the Appellants except Joseph McClash were dropping their appeal. The same day, McClash served a Reply Brief and Request for Oral Argument. On July 15, 2016, the District filed the Motion for Attorney’s Fees, which it had served on all Appellants on June 23, 2016, with the Court. At the same time, the District and Land Trust filed a Joint Motion for Sanctions and a Second Joint Motion for Sanctions requesting that the Court strike McClash’s Reply Brief and the Notice filed by Appellants on July 10. On July 25, 2016, McClash and the original Appellants responded to the District’s Motion for Attorney’s Fees. Contemporaneously, McClash responded to the Appellees’ Joint and Second Joint Motions for Sanctions. On the same day, McClash also filed a Motion to Accept Late Filed Motion for Attorney’s Fees and Motion for Attorney’s Fees, as well as various Notices attempting to correct some missing information from his Reply Brief and to clarify that McClash is the only remaining Appellant. On August 3, 2016, the District filed a Motion for Sanctions, or, In the Alternative, a Response to McClash’s Motion to Accept Late Filed Motion for Attorney’s Fees and Motion for Attorney’s Fees. On August 4, 2016, the Appellees filed a Third Joint Motion for Sanctions was filed relative to McClash’s filings relating to missing information from his Reply Brief. McClash filed a response to the District’s Motion for Sanctions relative to his late motion for attorney’s fees on August 12, 2016. The same day McClash also filed a response to the Appellee’s Third Motion for Sanctions.

DELEGATED CONSENT ORDERS 3 Cases as of October 5, 2016

VIOLATOR: Dennis KimballBOARD POLICY: 160-6ATTORNEY: C. TumminiaVIOLATIONS: Failure to obtain a Well Construction Permits; Failure to Plug an Abandoned Water Well in Accordance with District Rules;

$2,500.00 penalty.

STATUS: Consent Order SWF No. 16-022 fully executed on September 9, 2016. $400.00 initial payment received on September 8, 2016.

VIOLATOR: Lance CookBOARD POLICY: 160-6ATTORNEY: A. ViningVIOLATIONS: Failure to obtain a Well Construction Permit; Engaging in water well contracting without a license, $2,000 penalty

STATUS: Consent Order SWF No. 16-023 fully executed on September 12, 2016. $2000.00 penalty paid in full.

VIOLATOR: Earl Pruitt, Sr.BOARD POLICY: 160-6ATTORNEY: C. TumminiaVIOLATIONS: Failure to file a timely and accurate well completion report; Failure to Plug an Abandoned Water Well in Accordance with

District Rules; $1,325.00 penalty.

STATUS: Consent Order SWF No. 16-025 fully executed on September 23, 2016. $1,325.00 penalty paid in full on September 20, 2016.

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Item 52

COMMITTEE/LIAISON REPORTSOctober 25, 2016Discussion ItemWell Drillers Advisory Committee


This item is for information only.

Presenter: George W. Mann, Board Member

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Item 53

COMMITTEE/LIAISON REPORTSOctober 25, 2016Discussion ItemEnvironmental Advisory Committee


Presenter: Michelle Williamson, Board Member

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Item 54

COMMITTEE/LIAISON REPORTSOctober 25, 2016Discussion ItemOther Committee/Liaison Report


Presenter: Board Members

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Item 55

EXECUTIVE DIRECTOR'S REPORTOctober 25, 2016Discussion ItemExecutive Director's Report



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Item 56

CHAIR'S REPORTOctober 25, 2016Discussion ItemChair's Report



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Item 57

CHAIR'S REPORTOctober 25, 2016Discussion ItemOther



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Item 58

CHAIR'S REPORTOctober 25, 2016Routine ReportEmployee Milestones


This Item is for information only and no action is required


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Years of Service Adjusted Hire Date Preferred Full Name Job Title Location Bureau10 10/30/2006 Wayne Alonso Field Maintenance Technician Tampa Operations and Land Management10 10/9/2006 Michael Cote WUP Compliance Technician Tampa Water Use Permit10 10/9/2006 R.J. Dowling Professional Engineer Brooksville Water Resources10 10/30/2006 Dan Golus Senior Professional Engineer Sarasota Environmental Resource Permit10 10/16/2006 Jason Hust Field Technician Supervisor Tampa Data Collection10 10/16/2006 Nancy Norton Senior Professional Engineer Tampa Natural Systems and Restoration10 10/2/2006 Tony Soos Regulatory Field Technician IV Tampa Regulatory Support10 10/2/2006 Brian Townsend Senior Heavy Equipment Operator Tampa Operations and Land Management15 10/24/2001 Mario Cabana WUP Evaluation Lead Tampa Water Use Permit20 10/7/1996 Diana Burdick ECM Technical Lead Brooksville General Services25 10/16/1991 Barbara Matrone Business Process Technician Brooksville Water Resources

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Attachment: 2016-10 Milestones (2731 : Employee Milestones 2016-10)

Documents

Governing Board Meeting...2016/10/25 · Governing Board Meeting Agenda and Meeting Information October 25, 2016 11:00 AM Brooksville Office 2379 Broad Street • Brooksville, Florida