373.4595  Lake Okeechobee improvement and management.--

(1)  LAKE OKEECHOBEE PROGRAM.--The South Florida Water Management District shall immediately design and implement a program to protect the water quality of Lake Okeechobee. Such program shall be based upon the recommendations of the Lake Okeechobee Technical Advisory Committee report entitled "Final Report: Lake Okeechobee Technical Committee" and dated August 1986, including the recommendations relating to the diversion of Taylor Creek-Nubbins Slough, but such program may include other projects. In addition, the program design shall be completed by December 1, 1988, and shall be designed to result, by July 1, 1992, in reductions of phosphorous loadings to the lake by the amount specified as excess in the South Florida Water Management District's Technical Publication 81-2.

(2)  DIVERSIONS; LAKE OKEECHOBEE TECHNICAL ADVISORY COUNCIL.--

(a)  The Legislature finds that efforts to reduce nutrient levels in Lake Okeechobee have resulted in diversions of nutrient-laden waters to other environmentally sensitive areas, which diversions have resulted in adverse environmental effects. The Legislature also finds that both the agriculture industry and the environmental community are committed to protecting Lake Okeechobee and these environmentally sensitive areas from further harm and that this crisis must be addressed immediately. Therefore:

1.  The South Florida Water Management District shall not divert waters to the Indian River estuary, the Caloosahatchee River or its estuary, or the Everglades National Park, in such a way that the state water quality standards are violated, that the nutrients in such diverted waters adversely affect indigenous vegetation communities or wildlife, or that fresh waters diverted to the Caloosahatchee or Indian River estuaries adversely affect the estuarine vegetation or wildlife, unless the receiving waters will biologically benefit by the diversion. However, diversion is permitted when an emergency is declared by the water management district, if the Secretary of Environmental Protection concurs.

2.  The South Florida Water Management district may divert waters to other areas, including Lake Hicpochee, unless otherwise provided by law. However, the district shall monitor the effects of such diversions to determine the extent of adverse or positive environmental effects on indigenous vegetation and wildlife. The results of the monitoring shall be reported to the Lake Okeechobee Technical Advisory Council. If the monitoring of such diversions reveals continuing adverse environmental effects, the district shall make recommendations to the Legislature by July 1, 1988, on how to cease the diversions.

(b)1.  There is hereby created a Lake Okeechobee Technical Advisory Council. Council members shall be experts in the fields of botany, wildlife biology, aquatic biology, water quality chemistry, or hydrology and shall consist of:

a.  Three members appointed by the Governor;

b.  Three members appointed by the Speaker of the House of Representatives;

c.  Three members appointed by the President of the Senate;

d.  One member from the Institute of Food and Agricultural Sciences, University of Florida, appointed by the President of the University of Florida; and

e.  One member from the College of Natural Sciences, University of South Florida, appointed by the President of the University of South Florida.

Members shall be appointed not later than July 15, 1987.

2.  The purpose of the council shall be to investigate the adverse effects of past diversions of water and potential effects of future diversions on indigenous wildlife and vegetation and to report to the Legislature, no later than March 1, 1988, with findings and recommendations proposing permanent solutions to eliminate such adverse effects.

3.  The South Florida Water Management District shall provide staff and assistance to the council. The Department of Environmental Protection, the Game and Fresh Water Fish Commission, and the district shall cooperate with the council.

4.  The council shall meet not less than once every 2 months at the call of the chair, or at the call of four other members of the council. The council shall elect from its members a chair and vice chair and such other officers as the council deems necessary. The council may establish other procedures for the conduct of its business.

5.  The members of the council are not entitled to compensation but are eligible for per diem and travel expenses pursuant to s. 112.061.