373.456  Approval of surface water improvement and management plans.--

(1)  After consideration of the comments and recommendations submitted pursuant to s. 373.455 and any other public comments, the governing board shall approve the surface water improvement and management plan. Within 15 days of approval, the district shall transmit the plan to the department.

(2)  The department shall have the exclusive authority to review the plan to ensure consistency with the water resource implementation rule and the State Comprehensive Plan.

(3)  Within 30 days after receipt of an approved plan, the department shall submit a determination of consistency to the governing board. The determination of the department shall not constitute a rule or order.

(4)  If the department determines that the plan is consistent, the district shall publish notice in the Florida Administrative Weekly. The plan shall be considered effective and shall constitute final agency action of the governing board on the date of advertisement.

(5)  If the department determines that the plan is not consistent, the following procedure shall apply:

(a)  The secretary shall notify the governing board of the changes recommended by the department to make the plan consistent. The governing board shall review the recommended change at its next regularly scheduled meeting.

(b)  Upon conclusion of its review, the governing board shall either incorporate the recommended changes into the plan or state in the plan the reasons for not adopting the changes. The governing board's action shall then be effective and shall constitute final agency action. The plan shall be subject to review pursuant to s. 373.114 as of the date of the governing board action approving the plan after completion of any necessary reviews.