Florida Senate - 2009                                    SB 2424
       
       
       
       By Senator Justice
       
       
       
       
       16-01497A-09                                          20092424__
    1                        A bill to be entitled                      
    2         An act relating to water supply; creating part VII of
    3         ch. 373, F.S., relating to water supply policy,
    4         planning, production, and funding; providing a
    5         declaration of policy; providing definitions;
    6         providing for the powers and duties of water
    7         management district governing boards; requiring the
    8         Department of Environmental Protection to develop the
    9         Florida water supply plan; providing components of the
   10         plan; requiring water management district governing
   11         boards to develop water supply plans for their
   12         respective regions; providing components of district
   13         water supply plans; providing legislative findings and
   14         intent with respect to water resource development and
   15         water supply development; requiring water management
   16         districts to fund and implement water resource
   17         development; specifying water supply development
   18         projects that are eligible to receive priority
   19         consideration for state or water management district
   20         funding assistance; encouraging cooperation in the
   21         development of water supplies; providing for
   22         alternative water supply development; encouraging
   23         municipalities, counties, and special districts to
   24         create regional water supply authorities; establishing
   25         the primary roles of the water management districts in
   26         alternative water supply development; establishing the
   27         primary roles of local governments, regional water
   28         supply authorities, special districts, and publicly
   29         owned and privately owned water utilities in
   30         alternative water supply development; requiring the
   31         water management districts to detail the specific
   32         allocations to be used for alternative water supply
   33         development in their annual budget submission;
   34         requiring that the water management districts include
   35         the amount needed to implement the water supply
   36         development projects in each annual budget;
   37         establishing general funding criteria for funding
   38         assistance to the state or water management districts;
   39         establishing economic incentives for alternative water
   40         supply development; providing a funding formula for
   41         the distribution of state funds to the water
   42         management districts for alternative water supply
   43         development; requiring that funding assistance for
   44         alternative water supply development be limited to a
   45         percentage of the total capital costs of an approved
   46         project; establishing a selection process and
   47         criteria; providing for cost recovery from the Public
   48         Service Commission; requiring a water management
   49         district governing board to conduct water supply
   50         planning for each region identified in the district
   51         water supply plan; providing procedures and
   52         requirements with respect to regional water supply
   53         plans; providing for joint development of a specified
   54         water supply development component of a regional water
   55         supply plan within the boundaries of the Southwest
   56         Florida Water Management District; providing that
   57         approval of a regional water supply plan is not
   58         subject to the rulemaking requirements of the
   59         Administrative Procedure Act; requiring the department
   60         to submit annual reports on the status of regional
   61         water supply planning in each district; providing
   62         construction with respect to the water supply
   63         development component of a regional water supply plan;
   64         requiring water management districts to present to
   65         certain entities the relevant portions of a regional
   66         water supply plan; requiring certain entities to
   67         provide written notification to water management
   68         districts as to the implementation of water supply
   69         project options; requiring water management districts
   70         to notify local governments of the need for
   71         alternative water supply projects; requiring water
   72         management districts to assist local governments in
   73         the development and future revision of local
   74         government comprehensive plan elements or public
   75         facilities reports related to water resource issues;
   76         providing for the creation of regional water supply
   77         authorities; providing purpose of such authorities;
   78         specifying considerations with respect to the creation
   79         of a proposed authority; specifying authority of a
   80         regional water supply authority; providing authority
   81         of specified entities to convey title, dedicate land,
   82         or grant land-use rights to a regional water supply
   83         authority for specified purposes; providing
   84         preferential rights of counties and municipalities to
   85         purchase water from regional water supply authorities;
   86         providing exemption for specified water supply
   87         authorities from consideration of certain factors and
   88         submissions; providing applicability of such
   89         exemptions; authorizing the West Coast Regional Water
   90         Supply Authority and its member governments to
   91         reconstitute the authority’s governance and rename the
   92         authority under a voluntary interlocal agreement;
   93         providing compliance requirements with respect to the
   94         interlocal agreement; providing for supersession of
   95         conflicting general or special laws; providing
   96         requirements with respect to annual budgets;
   97         specifying the annual millage for the authority;
   98         authorizing the authority to request the governing
   99         board of the district to levy ad valorem taxes within
  100         the boundaries of the authority to finance authority
  101         functions; providing requirements and procedures with
  102         respect to the collection of such taxes; amending ss.
  103         11.80, 120.52, 163.3167, and 163.3177, 163.3191,
  104         186.009, 189.404, 189.4155, 189.4156, and 367.021,
  105         F.S.; conforming cross-references and terminology;
  106         amending s. 373.016, F.S., relating to the declaration
  107         of policy, to conform; amending s. 373.019, F.S.,
  108         relating to definitions, to conform; amending s.
  109         373.026, F.S.; conforming a cross-reference; amending
  110         s. 373.036, F.S., relating to the Florida water plan
  111         and district water management plans, to include the
  112         Florida water supply plan and district water supply
  113         plans and make other conforming changes; amending ss.
  114         373.042, 373.0421, 373.0695, 373.199, 373.223,
  115         373.2234, 373.229, 373.414, 373.421, 373.4592,
  116         373.45926, 373.4595, 373.470, 373.536, 373.59,
  117         378.212, 378.404, 403.031, 403.0891, 403.813, 403.890,
  118         556.102, and 682.02, F.S.; conforming cross
  119         references; renumbering s. 373.71, F.S., relating to
  120         the Apalachicola-Chattahoochee-Flint River Basin
  121         Compact, to clarify retention of the section in part
  122         VI of ch. 373, F.S.; repealing s. 373.0361, F.S.,
  123         relating to regional water supply planning; repealing
  124         s. 373.0391, F.S., relating to technical assistance to
  125         local governments; repealing s. 373.0831, F.S.,
  126         relating to water resource and water supply
  127         development; repealing s. 373.196, F.S., relating to
  128         alternative water supply development; repealing s.
  129         373.1961, F.S., relating to water production and
  130         related powers and duties of water management
  131         districts; repealing s. 373.1962, F.S., relating to
  132         regional water supply authorities; repealing s.
  133         373.1963, F.S., relating to assistance to the West
  134         Coast Regional Water Supply Authority; providing an
  135         effective date.
  136  
  137  Be It Enacted by the Legislature of the State of Florida:
  138  
  139         Section 1. Part VII of chapter 373, Florida Statutes,
  140  consisting of sections 373.701, 373.703, 373.705, 373.707,
  141  373.709, 373.711, 373.713, 373.715, 373.717, and 373.719, is
  142  created to read:
  143                              PART VII                             
  144       WATER SUPPLY POLICY, PLANNING, PRODUCTION, AND FUNDING      
  145         373.701 Declaration of policy.—It is declared to be the
  146  policy of the Legislature that:
  147         (1) Water constitutes a public resource benefiting the
  148  entire state, and therefore water supply planning in the state
  149  should be conducted on a state and regional basis.
  150         (2) The availability of sufficient water for all existing
  151  and future reasonable-beneficial uses and natural systems shall
  152  be promoted.
  153         (3) In order to protect the state’s water resources and to
  154  meet the current and future needs of those areas with abundant
  155  water, the Legislature directs the Department of Environmental
  156  Protection and the water management districts to encourage the
  157  use of water from sources nearest the area of use or application
  158  whenever practicable. Such sources shall include all naturally
  159  occurring water sources and all alternative water sources,
  160  including, but not limited to, desalination, conservation, reuse
  161  of nonpotable reclaimed water and stormwater, and aquifer
  162  storage and recovery.
  163         (4) In establishing the policy outlined in subsection (3),
  164  the Legislature realizes that, under certain circumstances, the
  165  need to transport water from distant sources may be necessary
  166  for environmental, technical, or economic reasons.
  167         (5) Cooperative efforts between municipalities, counties,
  168  water management districts, and the department are mandatory in
  169  order to meet the water needs of rapidly urbanizing areas in a
  170  manner that will supply adequate and dependable supplies of
  171  water where needed without resulting in adverse effects upon the
  172  areas from which such water is withdrawn. Such efforts should
  173  use all practical means of obtaining water, including, but not
  174  limited to, withdrawals of surface water and groundwater,
  175  recycling wastewater, and desalination and will necessitate not
  176  only cooperation but also well-coordinated activities.
  177         (6) Municipalities and counties are encouraged to create
  178  regional water supply authorities and multijurisdictional water
  179  supply entities as authorized in this part.
  180         (7) Nothing in this part shall be construed to preclude the
  181  various municipalities and counties from continuing to operate
  182  existing water production and transmission facilities or to
  183  enter into cooperative agreements with other municipalities and
  184  counties for the purpose of meeting their respective needs for
  185  dependable and adequate supplies of water, provided that
  186  obtaining water through such operations shall not be done in a
  187  manner that results in adverse effects upon the areas from which
  188  such water is withdrawn.
  189         373.703 Definitions.—As used in this part or in any rule,
  190  regulation, or order adopted pursuant to this part, the
  191  following terms shall, unless the context clearly indicates
  192  otherwise, mean:
  193         (1) “Alternative water supplies” means salt water; brackish
  194  surface water and groundwater; surface water captured
  195  predominately during wet-weather flows; sources made available
  196  through the addition of new storage capacity for surface water
  197  or groundwater, water that has been reclaimed after one or more
  198  public supply, municipal, industrial, commercial, or
  199  agricultural uses; the downstream augmentation of water bodies
  200  with reclaimed water; stormwater; and any other water supply
  201  source that is designated as nontraditional for a water supply
  202  planning region in the applicable regional water supply plan.
  203         (2) “Capital costs” means planning, design, engineering,
  204  and project construction costs.
  205         (3) “Department” means the Department of Environmental
  206  Protection.
  207         (4) “District water supply plan” means the regional plan
  208  developed by a governing board under s. 373.707.
  209         (5) “Florida water supply plan” means the state-level plan
  210  developed by the department under s. 373.707.
  211         (6) “Governing board” means the governing board of a water
  212  management district.
  213         (7) “Multijurisdictional water supply entity” means two or
  214  more water utilities or local governments that have organized
  215  into a larger entity, or entered into an interlocal agreement or
  216  contract, for the purpose of more efficiently pursuing water
  217  supply development or alternative water supply development
  218  projects listed pursuant to a regional water supply plan.
  219         (8) “Regional water supply plan” means a detailed water
  220  supply plan developed by a governing board under s. 373.713.
  221         (9) “Water management district” means any flood control,
  222  resource management, or water management district operating
  223  under the authority of this chapter.
  224         (10) “Water resource development” means the formulation and
  225  implementation of regional water resource management strategies,
  226  including the collection and evaluation of surface water and
  227  groundwater data; structural and nonstructural programs to
  228  protect and manage water resources; the development of regional
  229  water resource implementation programs; the construction,
  230  operation, and maintenance of major public works facilities to
  231  provide for surface water and underground water storage and
  232  groundwater recharge augmentation; and related technical
  233  assistance to local governments and to government-owned and
  234  privately owned water utilities.
  235         (11) “Water supply development” means the planning, design,
  236  construction, operation, and maintenance of public or private
  237  facilities for water collection, production, treatment,
  238  transmission, or distribution for sale, resale, or end use.
  239         373.705 Powers and duties.—In the performance of, and in
  240  conjunction with, its other powers and duties, the governing
  241  board of a water management district existing pursuant to this
  242  chapter:
  243         (1) Shall engage in planning to assist counties,
  244  municipalities, special districts, publicly owned and privately
  245  owned water utilities, multijurisdictional water supply
  246  entities, or regional water supply authorities in meeting water
  247  supply needs in such manner as will give priority to encouraging
  248  conservation and reducing adverse environmental effects of
  249  improper or excessive withdrawals of water from concentrated
  250  areas. As used in this section, regional water supply
  251  authorities are regional water authorities created under s.
  252  373.717 or other laws of this state.
  253         (2) Shall assist counties, municipalities, special
  254  districts, publicly owned or privately owned water utilities,
  255  multijurisdictional water supply entities, or regional water
  256  supply authorities in meeting water supply needs in such manner
  257  as will give priority to encouraging conservation and reducing
  258  adverse environmental effects of improper or excessive
  259  withdrawals of water from concentrated areas.
  260         (3) May establish, design, construct, operate, and maintain
  261  water production and transmission facilities for the purpose of
  262  supplying water to counties, municipalities, special districts,
  263  publicly owned and privately owned water utilities,
  264  multijurisdictional water supply entities, or regional water
  265  supply authorities. The permit required by part II of this
  266  chapter for a water management district engaged in water
  267  production and transmission shall be granted, denied, or granted
  268  with conditions by the department.
  269         (4) Shall not engage in local water supply distribution.
  270         (5) Shall not deprive, directly or indirectly, any county
  271  wherein water is withdrawn of the prior right to the reasonable
  272  and beneficial use of water which is required to supply
  273  adequately the reasonable and beneficial needs of the county or
  274  any of the inhabitants or property owners in the county.
  275         (6) May provide water and financial assistance to regional
  276  water supply authorities, but may not provide water to counties
  277  and municipalities that are located within the area of such
  278  authority without the specific approval of the authority or, in
  279  the event of the authority’s disapproval, the approval of the
  280  Governor and Cabinet sitting as the Land and Water Adjudicatory
  281  Commission. The district may supply water at rates and upon
  282  terms mutually agreed to by the parties or, if they do not
  283  agree, as set by the governing board and specifically approved
  284  by the Land and Water Adjudicatory Commission.
  285         (7) May acquire title to such interest as is necessary in
  286  real property, by purchase, gift, devise, lease, eminent domain,
  287  or otherwise, for water production and transmission consistent
  288  with this section and s. 373.711. However, the district shall
  289  not use any of the eminent domain powers granted in this section
  290  to acquire water and water rights already devoted to reasonable
  291  and beneficial use or any water production or transmission
  292  facilities owned by any county, municipality, or regional water
  293  supply authority. The district may exercise eminent domain
  294  powers outside of its district boundaries for the acquisition of
  295  pumpage facilities, storage areas, transmission facilities, and
  296  the normal appurtenances thereto, provided that at least 45 days
  297  prior to the exercise of eminent domain, the district notifies
  298  the district where the property is located after public notice
  299  and the district where the property is located does not object
  300  within 45 days after notification of such exercise of eminent
  301  domain authority.
  302         (8) In addition to the power to issue revenue bonds
  303  pursuant to s. 373.584, may issue revenue bonds for the purposes
  304  of paying the costs and expenses incurred in carrying out the
  305  purposes of this chapter or refunding obligations of the
  306  district issued pursuant to this section. Such revenue bonds
  307  shall be secured by, and be payable from, revenues derived from
  308  the operation, lease, or use of its water production and
  309  transmission facilities and other water-related facilities and
  310  from the sale of water or services relating thereto. Such
  311  revenue bonds may not be secured by, or be payable from, moneys
  312  derived by the district from the Water Management Lands Trust
  313  Fund or from ad valorem taxes received by the district. All
  314  provisions of s. 373.584 relating to the issuance of revenue
  315  bonds which are not inconsistent with this section shall apply
  316  to the issuance of revenue bonds pursuant to this section. The
  317  district may also issue bond anticipation notes in accordance
  318  with the provisions of s. 373.584.
  319         (9) May join with one or more other water management
  320  districts, counties, municipalities, special districts, publicly
  321  owned or privately owned water utilities, multijurisdictional
  322  water supply entities, or regional water supply authorities for
  323  the purpose of carrying out any of its powers, and may contract
  324  with such other entities to finance acquisitions, construction,
  325  operation, and maintenance. The contract may provide for
  326  contributions to be made by each party thereto, for the division
  327  and apportionment of the expenses of acquisitions, construction,
  328  operation, and maintenance, and for the division and
  329  apportionment of the benefits, services, and products therefrom.
  330  The contracts may contain other covenants and agreements
  331  necessary and appropriate to accomplish their purposes.
  332         373.707 Florida water supply plan; district water supply
  333  plans.—
  334         (1) In cooperation with the water management districts,
  335  regional water supply authorities, and others, the department
  336  shall develop the Florida water supply plan. The Florida water
  337  supply plan shall include, but not be limited to:
  338         (a) The programs and activities of the department related
  339  to water supply.
  340         (b) The district water supply plans.
  341         (c) Goals, objectives, and guidance for the development and
  342  review of programs, rules, and plans relating to water supply
  343  based on statutory policies and directives.
  344         (2)(a) Each governing board shall develop a district water
  345  supply plan for its region. The district water supply plan shall
  346  be based on at least a 20-year planning period, shall be
  347  developed and revised in cooperation with other agencies,
  348  regional water supply authorities, units of government, and
  349  interested parties and shall be updated at least once every 5
  350  years. The governing board shall hold a public hearing at least
  351  30 days in advance of completing the development or revision of
  352  the district water supply plan.
  353         (b) The district water supply plan shall include, but not
  354  be limited to:
  355         1. The scientific methodologies for establishing minimum
  356  flows and levels under s. 373.042 and all established minimum
  357  flows and levels.
  358         2. Identification of one or more water supply planning
  359  regions that singly or together encompass the entire district.
  360         3. Technical data and information prepared under s.
  361  373.715.
  362         4. A districtwide water supply assessment that determines
  363  for each water supply planning region:
  364         a. Existing legal uses, reasonably anticipated future
  365  needs, and existing and reasonably anticipated sources of water
  366  and conservation efforts.
  367         b. Whether existing and reasonably anticipated sources of
  368  water and conservation efforts are adequate to supply water for
  369  all existing legal uses and reasonably anticipated future needs
  370  and to sustain the water resources and related natural systems.
  371         5. Any completed regional water supply plans prepared
  372  pursuant to s. 373.713.
  373         (c) If necessary for implementation, the governing board
  374  shall adopt by rule or order relevant portions of the district
  375  water supply plan to the extent of its statutory authority.
  376         (d) In the formulation of the district water supply plan,
  377  the governing board shall give due consideration to:
  378         1. The attainment of maximum reasonable-beneficial use of
  379  water resources.
  380         2. The maximum economic development of the water resources
  381  consistent with other uses.
  382         3. The management of water resources for such purposes as
  383  environmental protection, drainage, flood control, and water
  384  storage.
  385         4. The quantity of water available for application to a
  386  reasonable-beneficial use.
  387         5. The prevention of wasteful, uneconomical, impractical,
  388  or unreasonable uses of water resources.
  389         6. Presently exercised domestic use and permit rights.
  390         7. The state water resources policy as expressed by this
  391  chapter.
  392         (3) The department and governing board shall give careful
  393  consideration to the requirements of public recreation and to
  394  the protection and propagation of fish and wildlife. The
  395  department or governing board may prohibit or restrict other
  396  future uses on certain designated bodies of water which may be
  397  inconsistent with these objectives.
  398         (4) The governing board may designate certain uses in
  399  connection with a particular source of supply that, because of
  400  the nature of the activity or the amount of water required,
  401  would constitute an undesirable use for which the governing
  402  board may deny a permit.
  403         (5) The governing board may designate certain uses in
  404  connection with a particular source of supply that, because of
  405  the nature of the activity or the amount of water required,
  406  would result in an enhancement or improvement of the water
  407  resources of the area. Such uses shall be preferred over other
  408  uses in the event of competing applications under the permitting
  409  systems authorized by this chapter.
  410         (6) The department, in cooperation with the Executive
  411  Office of the Governor, may add to the Florida water supply plan
  412  any other information, directions, or objectives it deems
  413  necessary or desirable for the guidance of the governing boards
  414  or other agencies in the administration and enforcement of this
  415  chapter.
  416         373.709 Water resource development; water supply
  417  development.—
  418         (1) The Legislature finds that:
  419         (a) The proper role of the water management districts in
  420  water supply is primarily planning and water resource
  421  development, but this does not preclude them from providing
  422  assistance with water supply development.
  423         (b) The proper role of local government, regional water
  424  supply authorities, and government-owned and privately owned
  425  water utilities in water supply is primarily water supply
  426  development, but this does not preclude them from providing
  427  assistance with water resource development.
  428         (c) Water resource development and water supply development
  429  must receive priority attention, where needed, to increase the
  430  availability of sufficient water for all existing and future
  431  reasonable-beneficial uses and natural systems.
  432         (2) It is the intent of the Legislature that:
  433         (a) Sufficient water be available for all existing and
  434  future reasonable-beneficial uses and the natural systems and
  435  that the adverse effects of competition for water supplies be
  436  avoided.
  437         (b) Water management districts take the lead in identifying
  438  and implementing water resource development projects and are
  439  responsible for securing necessary funding for regionally
  440  significant water resource development projects.
  441         (c) Local governments, regional water supply authorities,
  442  and government-owned and privately owned water utilities take
  443  the lead in securing funds for and implementing water supply
  444  development projects. Generally, direct beneficiaries of water
  445  supply development projects should pay the costs of the projects
  446  from which they benefit, and water supply development projects
  447  should continue to be paid for through local funding sources.
  448         (d) Water supply development be conducted in coordination
  449  with water management district regional water supply planning
  450  and water resource development.
  451         (3) The water management districts shall fund and implement
  452  water resource development as defined in s. 373.703. The water
  453  management districts are encouraged to implement their
  454  responsibility for water resource development and to assist in
  455  water supply development as expeditiously as possible in areas
  456  subject to regional water supply plans.
  457         (4) Each governing board shall include in its annual budget
  458  an amount to be made available for the fiscal year to assist in
  459  implementing alternative water supply development projects
  460  listed pursuant to s. 373.713(2)(a)2.
  461         (5)(a) Water supply development projects that are included
  462  in the relevant regional water supply plans and that meet one or
  463  more of the following criteria shall receive priority
  464  consideration for state or water management district funding
  465  assistance:
  466         1. The project supports establishment of a dependable,
  467  sustainable supply of water from alternative water supplies;
  468         2. The project provides substantial environmental benefits
  469  by preventing or limiting adverse water resource impacts but
  470  requires funding assistance to be economically competitive with
  471  other options;
  472         3. The project significantly implements the reuse, storage,
  473  recharge, or conservation of water in a manner that contributes
  474  to the sustainability of regional water sources; or
  475         4. The project significantly contributes to a recovery plan
  476  pursuant to s. 373.0421 for a minimum flow or level established
  477  by a governing board.
  478         (b) Water supply development projects that meet the
  479  criteria in paragraph (a) and also bring about replacement of
  480  existing sources in order to help implement a minimum flow or
  481  level shall be given first consideration for state or water
  482  management district funding assistance.
  483         373.711 Alternative water supply development.—
  484         (1) The purpose of this section is to encourage cooperation
  485  in the development of water supplies and to provide for
  486  alternative water supply development. Accordingly, the
  487  Legislature finds that:
  488         (a) Demands on natural supplies of fresh water to meet the
  489  needs of a rapidly growing population and the needs of the
  490  environment, agriculture, industry, and mining will continue to
  491  increase.
  492         (b) There is a need for the development of alternative
  493  water supplies for Florida to sustain its economic growth,
  494  economic viability, and natural resources.
  495         (c) Alternative water supply development must receive
  496  priority funding attention to increase the available supplies of
  497  water to meet all existing and future reasonable-beneficial uses
  498  and to benefit the natural systems.
  499         (d) Cooperation between counties, municipalities, regional
  500  water supply authorities, multijurisdictional water supply
  501  entities, special districts, and publicly owned and privately
  502  owned water utilities in the development of countywide and
  503  multicountywide alternative water supply projects will allow for
  504  necessary economies of scale and efficiencies to be achieved in
  505  order to accelerate the development of new, dependable, and
  506  sustainable alternative water supplies.
  507         (e) It is in the public interest that county, municipal,
  508  industrial, agricultural, and other public and private water
  509  users, the Department of Environmental Protection, and the water
  510  management districts cooperate and work together in the
  511  development of alternative water supplies to avoid the adverse
  512  effects of competition for limited supplies of water. Public
  513  moneys or services provided to private entities for alternative
  514  water supply development may constitute public purposes that
  515  also are in the public interest.
  516         (2) The Legislature also finds with regard to the
  517  development of alternative water supplies that:
  518         (a) Sufficient water must be available for all existing and
  519  future reasonable-beneficial uses and the natural systems, and
  520  the adverse effects of competition for water supplies must be
  521  avoided.
  522         (b) Alternative water supply development must be conducted
  523  in coordination with water management district regional water
  524  supply planning.
  525         (c) Funding for the development of alternative water
  526  supplies shall be a shared responsibility of water suppliers and
  527  users, the state, and the water management districts, with water
  528  suppliers and users having the primary responsibility and the
  529  state and the water management districts being responsible for
  530  providing funding assistance.
  531         (3) The primary roles of the water management districts in
  532  water resource development as it relates to supporting
  533  alternative water supply development are:
  534         (a) The formulation and implementation of regional water
  535  resource management strategies that support alternative water
  536  supply development.
  537         (b) The collection and evaluation of surface water and
  538  groundwater data to be used for a planning level assessment of
  539  the feasibility of alternative water supply development
  540  projects.
  541         (c) The construction, operation, and maintenance of major
  542  public works facilities for flood control, surface water and
  543  underground water storage, and groundwater recharge augmentation
  544  to support alternative water supply development.
  545         (d) Planning for alternative water supply development as
  546  provided in regional water supply plans in coordination with
  547  local governments, regional water supply authorities,
  548  multijurisdictional water supply entities, special districts,
  549  and publicly owned and privately owned water utilities and self
  550  suppliers.
  551         (e) The formulation and implementation of structural and
  552  nonstructural programs to protect and manage water resources in
  553  support of alternative water supply projects.
  554         (f) The provision of technical and financial assistance to
  555  local governments and publicly owned and privately owned water
  556  utilities for alternative water supply projects.
  557         (4) The primary roles of local government, regional water
  558  supply authorities, multijurisdictional water supply entities,
  559  special districts, and publicly owned and privately owned water
  560  utilities in alternative water supply development are:
  561         (a) The planning, design, construction, operation, and
  562  maintenance of alternative water supply development projects.
  563         (b) The formulation and implementation of alternative water
  564  supply development strategies and programs.
  565         (c) The planning, design, construction, operation, and
  566  maintenance of facilities to collect, divert, produce, treat,
  567  transmit, and distribute water for sale, resale, or end use.
  568         (d) The coordination of alternative water supply
  569  development activities with the appropriate water management
  570  district having jurisdiction over the activity.
  571         (5) Nothing in this section shall be construed to preclude
  572  the various special districts, municipalities, and counties from
  573  continuing to operate existing water production and transmission
  574  facilities or to enter into cooperative agreements with other
  575  special districts, municipalities, and counties for the purpose
  576  of meeting their respective needs for dependable and adequate
  577  supplies of water; however, the obtaining of water through such
  578  operations shall not be done in a manner that results in adverse
  579  effects upon the areas from which such water is withdrawn.
  580         (6)(a) The statewide funds provided pursuant to the Water
  581  Protection and Sustainability Program serve to supplement
  582  existing water management district or basin board funding for
  583  alternative water supply development assistance and should not
  584  result in a reduction of such funding. Therefore, the water
  585  management districts shall include in the annual tentative and
  586  adopted budget submittals required under this chapter the amount
  587  of funds allocated for water resource development that supports
  588  alternative water supply development and the funds allocated for
  589  alternative water supply projects selected for inclusion in the
  590  Water Protection and Sustainability Program. It shall be the
  591  goal of each water management district and basin board that the
  592  combined funds allocated annually for these purposes be, at a
  593  minimum, the equivalent of 100 percent of the state funding
  594  provided to the water management district for alternative water
  595  supply development. If this goal is not achieved, the water
  596  management district shall provide in the budget submittal an
  597  explanation of the reasons or constraints that prevent this goal
  598  from being met, an explanation of how the goal will be met in
  599  future years, and affirmation of match is required during the
  600  budget review process as established under s. 373.536(5). The
  601  Suwannee River Water Management District and the Northwest
  602  Florida Water Management District shall not be required to meet
  603  the match requirements of this paragraph; however, they shall
  604  try to achieve the match requirement to the greatest extent
  605  practicable.
  606         (b) State funds from the Water Protection and
  607  Sustainability Program created in s. 403.890 shall be made
  608  available for financial assistance for the project construction
  609  costs of alternative water supply development projects selected
  610  by a water management district governing board for inclusion in
  611  the program.
  612         (7) The water management district shall implement its
  613  responsibilities as expeditiously as possible in areas subject
  614  to regional water supply plans. Each district’s governing board
  615  shall include in its annual budget the amount needed for the
  616  fiscal year to assist in implementing alternative water supply
  617  development projects.
  618         (8)(a) The water management districts and the state shall
  619  share a percentage of revenues with water providers and users,
  620  including local governments; water, wastewater, and reuse
  621  utilities; municipal, special district, industrial, and
  622  agricultural water users; and other public and private water
  623  users, to be used to supplement other funding sources in the
  624  development of alternative water supplies.
  625         (b) Beginning in fiscal year 2009-2010, the state shall
  626  annually provide a portion of those revenues deposited into the
  627  Water Protection and Sustainability Program Trust Fund for the
  628  purpose of providing funding assistance for the development of
  629  alternative water supplies pursuant to the Water Protection and
  630  Sustainability Program. At the beginning of each fiscal year,
  631  beginning with fiscal year 2009-2010, such revenues shall be
  632  distributed by the department into the alternative water supply
  633  trust fund accounts created by each district for the purpose of
  634  alternative water supply development under the following funding
  635  formula:
  636         1. Thirty percent to the South Florida Water Management
  637  District;
  638         2. Twenty-five percent to the Southwest Florida Water
  639  Management District;
  640         3. Twenty-five percent to the St. Johns River Water
  641  Management District;
  642         4. Ten percent to the Suwannee River Water Management
  643  District; and
  644         5. Ten percent to the Northwest Florida Water Management
  645  District.
  646         (c) The financial assistance for alternative water supply
  647  projects allocated in each district’s budget as required in
  648  subsection (6) shall be combined with the state funds and used
  649  to assist in funding the project construction costs of
  650  alternative water supply projects selected by the governing
  651  board. If the district has not completed any regional water
  652  supply plan, or the regional water supply plan does not identify
  653  the need for any alternative water supply projects, funds
  654  deposited in that district’s trust fund may be used for water
  655  resource development projects, including, but not limited to,
  656  springs protection.
  657         (d) All projects submitted to the governing board for
  658  consideration shall reflect the total capital cost for
  659  implementation. The costs shall be segregated pursuant to the
  660  categories described in the definition of capital costs.
  661         (e) Applicants for projects that may receive funding
  662  assistance pursuant to the Water Protection and Sustainability
  663  Program shall, at a minimum, be required to pay 60 percent of
  664  the project’s construction costs. The water management districts
  665  may, at their discretion, totally or partially waive this
  666  requirement for projects sponsored by financially disadvantaged
  667  small local governments as defined in former s. 403.885(3)(c).
  668  The water management districts or basin boards may, at their
  669  discretion, use ad valorem or federal revenues to assist a
  670  project applicant in meeting the requirements of this paragraph.
  671         (f) The governing boards shall determine those projects
  672  that will be selected for financial assistance. The governing
  673  boards may establish factors to determine project funding;
  674  however, significant weight shall be given to the following
  675  factors:
  676         1. Whether the project provides substantial environmental
  677  benefits by preventing or limiting adverse water resource
  678  impacts.
  679         2. Whether the project reduces competition for water
  680  supplies.
  681         3. Whether the project brings about replacement of
  682  traditional sources in order to help implement a minimum flow or
  683  level or a reservation.
  684         4. Whether the project will be implemented by a consumptive
  685  use permittee that has achieved the targets contained in a goal
  686  based water conservation program approved pursuant to s.
  687  373.227.
  688         5. The quantity of water supplied by the project as
  689  compared to its cost.
  690         6. Projects in which the construction and delivery to end
  691  users of reuse water is a major component.
  692         7. Whether the project will be implemented by a
  693  multijurisdictional water supply entity or regional water supply
  694  authority.
  695         (g) Additional factors to be considered in determining
  696  project funding shall include:
  697         1. Whether the project is part of a plan to implement two
  698  or more alternative water supply projects, all of which will be
  699  operated to produce water at a uniform rate for the participants
  700  in a multijurisdictional water supply entity or regional water
  701  supply authority.
  702         2. The percentage of project costs to be funded by the
  703  water supplier or water user.
  704         3. Whether the project proposal includes sufficient
  705  preliminary planning and engineering to demonstrate that the
  706  project can reasonably be implemented within the timeframes
  707  provided in the regional water supply plan.
  708         4. Whether the project is a subsequent phase of an
  709  alternative water supply project that is underway.
  710         5. Whether and in what percentage a local government or
  711  local government utility is transferring water supply system
  712  revenues to the local government general fund in excess of
  713  reimbursements for services received from the general fund,
  714  including direct and indirect costs and legitimate payments in
  715  lieu of taxes.
  716         (h) After conducting one or more meetings to solicit public
  717  input on eligible projects, including input from those entities
  718  identified pursuant to s. 373.713(2)(a)2.d. for implementation
  719  of alternative water supply projects, the governing board of
  720  each water management district shall select projects for funding
  721  assistance based upon the criteria set forth in paragraphs (f)
  722  and (g). The governing board may select a project identified or
  723  listed as an alternative water supply development project in the
  724  regional water supply plan, or allocate up to 20 percent of the
  725  funding for alternative water supply projects that are not
  726  identified or listed in the regional water supply plan but are
  727  consistent with the goals of the plan.
  728         (i) Without diminishing amounts available through other
  729  means described in this subsection, the governing boards are
  730  encouraged to consider establishing revolving loan funds to
  731  expand the total funds available to accomplish the objectives of
  732  this section. A revolving loan fund created under this paragraph
  733  must be a nonlapsing fund from which the water management
  734  district may make loans with interest rates below prevailing
  735  market rates to public or private entities for the purposes
  736  described in this section. The governing board may adopt
  737  resolutions to establish revolving loan funds which must specify
  738  the details of the administration of the fund, the procedures
  739  for applying for loans from the fund, the criteria for awarding
  740  loans from the fund, the initial capitalization of the fund, and
  741  the goals for future capitalization of the fund in subsequent
  742  budget years. Revolving loan funds created under this paragraph
  743  must be used to expand the total sums and sources of cooperative
  744  funding available for the development of alternative water
  745  supplies. The Legislature does not intend for the creation of
  746  revolving loan funds to supplant or otherwise reduce existing
  747  sources or amounts of funds currently available through other
  748  means.
  749         (j) For each utility that receives financial assistance
  750  from the state or a water management district for an alternative
  751  water supply project, the water management district shall
  752  require the appropriate rate-setting authority to develop rate
  753  structures for water customers in the service area of the funded
  754  utility that will:
  755         1. Promote the conservation of water; and
  756         2. Promote the use of water from alternative water
  757  supplies.
  758         (k) The governing boards shall establish a process for the
  759  disbursal of revenues pursuant to this subsection.
  760         (l) All revenues made available pursuant to this subsection
  761  must be encumbered annually by the governing board when it
  762  approves projects sufficient to expend the available revenues.
  763         (m) This subsection is not subject to the rulemaking
  764  requirements of chapter 120.
  765         (n) By March 1 of each year, as part of the consolidated
  766  annual report required by s. 373.036(7), each water management
  767  district shall submit a report on the disbursal of all budgeted
  768  amounts pursuant to this section. Such report shall describe all
  769  alternative water supply projects funded as well as the quantity
  770  of new water to be created as a result of such projects and
  771  shall account separately for any other moneys provided through
  772  grants, matching grants, revolving loans, and the use of
  773  district lands or facilities to implement regional water supply
  774  plans.
  775         (o) The Florida Public Service Commission shall allow
  776  entities under its jurisdiction constructing or participating in
  777  constructing facilities that provide alternative water supplies
  778  to recover their full, prudently incurred cost of constructing
  779  such facilities through their rate structure. If construction of
  780  a facility or participation in construction is pursuant to or in
  781  furtherance of a regional water supply plan, the cost shall be
  782  deemed to be prudently incurred. Every component of an
  783  alternative water supply facility constructed by an investor
  784  owned utility shall be recovered in current rates. Any state or
  785  water management district cost-share is not subject to the
  786  recovery provisions allowed in this paragraph.
  787         (9) Funding assistance provided by the water management
  788  districts for a water reuse system may include the following
  789  conditions for that project if a water management district
  790  determines that such conditions will encourage water use
  791  efficiency:
  792         (a) Metering of reclaimed water use for residential
  793  irrigation, agricultural irrigation, industrial uses, except for
  794  electric utilities as defined in s. 366.02(2), landscape
  795  irrigation, golf course irrigation, irrigation of other public
  796  access areas, commercial and institutional uses such as toilet
  797  flushing, and transfers to other reclaimed water utilities;
  798         (b) Implementation of reclaimed water rate structures based
  799  on actual use of reclaimed water for the reuse activities listed
  800  in paragraph (a);
  801         (c) Implementation of education programs to inform the
  802  public about water issues, water conservation, and the
  803  importance and proper use of reclaimed water; or
  804         (d) Development of location data for key reuse facilities.
  805         373.713 Regional water supply planning.—
  806         (1) The governing board of each water management district
  807  shall conduct water supply planning for any water supply
  808  planning region within the district identified in the
  809  appropriate district water supply plan under s. 373.707, where
  810  it determines that existing sources of water are not adequate to
  811  supply water for all existing and future reasonable-beneficial
  812  uses and to sustain the water resources and related natural
  813  systems for the planning period. The planning must be conducted
  814  in an open public process, in coordination and cooperation with
  815  local governments, regional water supply authorities,
  816  government-owned and privately owned water utilities,
  817  multijurisdictional water supply entities, self-suppliers, and
  818  other affected and interested parties. The districts shall
  819  actively engage in public education and outreach to all affected
  820  local entities and their officials, as well as members of the
  821  public, in the planning process and in seeking input. During
  822  preparation, but prior to completion of the regional water
  823  supply plan, the district must conduct at least one public
  824  workshop to discuss the technical data and modeling tools
  825  anticipated to be used to support the regional water supply
  826  plan. The district shall also hold several public meetings to
  827  communicate the status, overall conceptual intent, and impacts
  828  of the plan on existing and future reasonable-beneficial uses
  829  and related natural systems. During the planning process, a
  830  local government may choose to prepare its own water supply
  831  assessment to determine if existing water sources are adequate
  832  to meet existing and projected reasonable-beneficial needs of
  833  the local government while sustaining water resources and
  834  related natural systems. The local government shall submit such
  835  assessment, including the data and methodology used, to the
  836  district. The district shall consider the local government’s
  837  assessment during the formation of the plan. A determination by
  838  the governing board that initiation of a regional water supply
  839  plan for a specific planning region is not needed pursuant to
  840  this section shall be subject to s. 120.569. The governing board
  841  shall reevaluate such a determination at least once every 5
  842  years and shall initiate a regional water supply plan, if
  843  needed, pursuant to this subsection.
  844         (2) Each regional water supply plan shall be based on at
  845  least a 20-year planning period and shall include, but need not
  846  be limited to:
  847         (a) A water supply development component for each water
  848  supply planning region identified by the district which
  849  includes:
  850         1. A quantification of the water supply needs for all
  851  existing and future reasonable-beneficial uses within the
  852  planning horizon. The level-of-certainty planning goal
  853  associated with identifying the water supply needs of existing
  854  and future reasonable-beneficial uses shall be based upon
  855  meeting those needs for a 1-in-10-year drought event. Population
  856  projections used for determining public water supply needs must
  857  be based upon the best available data. In determining the best
  858  available data, the district shall consider the University of
  859  Florida’s Bureau of Economic and Business Research (BEBR) medium
  860  population projections and any population projection data and
  861  analysis submitted by a local government pursuant to the public
  862  workshop described in subsection (1) if the data and analysis
  863  support the local government’s comprehensive plan. Any
  864  adjustment of or deviation from the BEBR projections must be
  865  fully described, and the original BEBR data must be presented
  866  along with the adjusted data.
  867         2. A list of water supply development project options,
  868  including traditional and alternative water supply project
  869  options, from which local government, government-owned and
  870  privately owned utilities, regional water supply authorities,
  871  multijurisdictional water supply entities, self-suppliers, and
  872  others may choose for water supply development. In addition to
  873  projects listed by the district, such users may propose specific
  874  projects for inclusion in the list of alternative water supply
  875  projects. If such users propose a project to be listed as an
  876  alternative water supply project, the district shall determine
  877  whether it meets the goals of the plan and, if so, it shall be
  878  included in the list. The total capacity of the projects
  879  included in the plan shall exceed the needs identified in
  880  subparagraph 1. and shall take into account water conservation
  881  and other demand management measures, as well as water resources
  882  constraints, including adopted minimum flows and levels and
  883  water reservations. When the district determines it is
  884  appropriate, the plan should specifically identify the need for
  885  multijurisdictional approaches to project options that, based on
  886  planning level analysis, are appropriate to supply the intended
  887  uses and that, based on such analysis, appear to be permittable
  888  and financially and technically feasible. The list of water
  889  supply development options must contain provisions that
  890  recognize that alternative water supply options for agricultural
  891  self-suppliers are limited. For each project option identified,
  892  the following shall be provided:
  893         a. An estimate of the amount of water to become available
  894  through the project.
  895         b. The timeframe in which the project option should be
  896  implemented and the estimated planning-level costs for capital
  897  investment and operating and maintaining the project.
  898         c. An analysis of funding needs and sources of possible
  899  funding options. For alternative water supply projects, the
  900  water management districts shall provide funding assistance in
  901  accordance with s. 373.711(8).
  902         d. Identification of the entity that should implement each
  903  project option and the current status of project implementation.
  904         (b) A water resource development component that includes:
  905         1. A listing of those water resource development projects
  906  that support water supply development.
  907         2. For each water resource development project listed:
  908         a. An estimate of the amount of water to become available
  909  through the project.
  910         b. The timeframe in which the project option should be
  911  implemented and the estimated planning-level costs for capital
  912  investment and for operating and maintaining the project.
  913         c. An analysis of funding needs and sources of possible
  914  funding options.
  915         d. Identification of the entity that should implement each
  916  project option and the current status of project implementation.
  917         (c) The recovery and prevention strategy described in s.
  918  373.0421(2).
  919         (d) A funding strategy for water resource development
  920  projects, which shall be reasonable and sufficient to pay the
  921  cost of constructing or implementing all of the listed projects.
  922         (e) Consideration of how the project options addressed in
  923  paragraph (a) serve the public interest or save costs overall by
  924  preventing the loss of natural resources or avoiding greater
  925  future expenditures for water resource development or water
  926  supply development. However, unless adopted by rule, these
  927  considerations do not constitute final agency action.
  928         (f) The technical data and information applicable to each
  929  planning region which are necessary to support the regional
  930  water supply plan.
  931         (g) The minimum flows and levels established for water
  932  resources within each planning region.
  933         (h) Reservations of water adopted by rule pursuant to s.
  934  373.223(4) within each planning region.
  935         (i) Identification of surface waters or aquifers for which
  936  minimum flows and levels are scheduled to be adopted.
  937         (j) An analysis, developed in cooperation with the
  938  department, of areas or instances in which the variance
  939  provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to
  940  create water supply development or water resource development
  941  projects.
  942         (3) The South Florida Water Management District shall
  943  include in its regional water supply plan water resource and
  944  water supply development projects that promote the elimination
  945  of wastewater ocean outfalls as provided in s. 403.086(9).
  946         (4) The water supply development component of a regional
  947  water supply plan which deals with or affects public utilities
  948  and public water supply for those areas served by a regional
  949  water supply authority and its member governments within the
  950  boundary of the Southwest Florida Water Management District
  951  shall be developed jointly by the authority and the district. In
  952  areas not served by regional water supply authorities, or other
  953  multijurisdictional water supply entities, and where
  954  opportunities exist to meet water supply needs more efficiently
  955  through multijurisdictional projects identified pursuant to
  956  paragraph (2)(a), water management districts are directed to
  957  assist in developing multijurisdictional approaches to water
  958  supply project development jointly with affected water
  959  utilities, special districts, and local governments.
  960         (5) Governing board approval of a regional water supply
  961  plan shall not be subject to the rulemaking requirements of
  962  chapter 120. However, any portion of an approved regional water
  963  supply plan which affects the substantial interests of a party
  964  shall be subject to s. 120.569.
  965         (6) Annually and in conjunction with the reporting
  966  requirements of s. 373.536(6)(a)4., the department shall submit
  967  to the Governor and the Legislature a report on the status of
  968  regional water supply planning in each district. The report
  969  shall include:
  970         (a) A compilation of the estimated costs of and potential
  971  sources of funding for water resource development and water
  972  supply development projects as identified in the water
  973  management district regional water supply plans.
  974         (b) The percentage and amount, by district, of district ad
  975  valorem tax revenues or other district funds made available to
  976  develop alternative water supplies.
  977         (c) A description of each district’s progress toward
  978  achieving its water resource development objectives, including
  979  the district’s implementation of its 5-year water resource
  980  development work program.
  981         (d) An assessment of the specific progress being made to
  982  implement each alternative water supply project option chosen by
  983  the entities and identified for implementation in the plan.
  984         (e) An overall assessment of the progress being made to
  985  develop water supply in each district, including, but not
  986  limited to, an explanation of how each project, either
  987  alternative or traditional, will produce, contribute to, or
  988  account for additional water being made available for
  989  consumptive uses, an estimate of the quantity of water to be
  990  produced by each project, and an assessment of the contribution
  991  of the district’s regional water supply plan in providing
  992  sufficient water to meet the needs of existing and future
  993  reasonable-beneficial uses for a 1-in-10 year drought event, as
  994  well as the needs of the natural systems.
  995         (7) Nothing contained in the water supply development
  996  component of a regional water supply plan shall be construed to
  997  require local governments, government-owned or privately owned
  998  water utilities, special districts, self-suppliers, regional
  999  water supply authorities, multijurisdictional water supply
 1000  entities, or other water suppliers to select a water supply
 1001  development project identified in the component merely because
 1002  it is identified in the plan. Except as provided in s.
 1003  373.223(3) and (5), the plan may not be used in the review of
 1004  permits under part II unless the plan or an applicable portion
 1005  thereof has been adopted by rule. However, this subsection shall
 1006  not prohibit a water management district from employing the data
 1007  or other information used to establish the plan in reviewing
 1008  permits under part II, nor shall it limit the authority of the
 1009  department or governing board under part II.
 1010         (8) Where the water supply component of a water supply
 1011  planning region shows the need for one or more alternative water
 1012  supply projects, the district shall notify the affected local
 1013  governments and make every reasonable effort to educate and
 1014  involve local public officials in working toward solutions in
 1015  conjunction with the districts and, where appropriate, other
 1016  local and regional water supply entities.
 1017         (a) Within 6 months after approval or amendment of its
 1018  regional water supply plan, each water management district shall
 1019  notify by certified mail each entity identified in sub
 1020  subparagraph (2)(a)2.d. of that portion of the plan relevant to
 1021  the entity. Upon request of such an entity, the water management
 1022  district shall appear before and present its findings and
 1023  recommendations to the entity.
 1024         (b) Within 1 year after the notification by a water
 1025  management district pursuant to paragraph (a), each entity
 1026  identified in sub-subparagraph (2)(a)2.d. shall provide to the
 1027  water management district written notification of the following:
 1028  the alternative water supply projects or options identified in
 1029  paragraph (2)(a) which it has developed or intends to develop,
 1030  if any; an estimate of the quantity of water to be produced by
 1031  each project; and the status of project implementation,
 1032  including development of the financial plan, facilities master
 1033  planning, permitting, and efforts in coordinating
 1034  multijurisdictional projects, if applicable. The information
 1035  provided in the notification shall be updated annually, and a
 1036  progress report shall be provided by November 15 of each year to
 1037  the water management district. If an entity does not intend to
 1038  develop one or more of the alternative water supply project
 1039  options identified in the regional water supply plan, the entity
 1040  shall propose, within 1 year after notification by a water
 1041  management district pursuant to paragraph (a), another
 1042  alternative water supply project option sufficient to address
 1043  the needs identified in paragraph (2)(a) within the entity’s
 1044  jurisdiction and shall provide an estimate of the quantity of
 1045  water to be produced by the project and the status of project
 1046  implementation as described in this paragraph. The entity may
 1047  request that the water management district consider the other
 1048  project for inclusion in the regional water supply plan.
 1049         373.715 Technical assistance to local governments.—
 1050         (1) The water management districts shall assist local
 1051  governments in the development and future revision of local
 1052  government comprehensive plan elements or public facilities
 1053  report, as required by s. 189.415, related to water supply
 1054  issues by annually providing to all local governments within the
 1055  jurisdiction current relevant information, including, but not
 1056  limited to:
 1057         (a) Information and data to assist local governments in
 1058  preparation of the 10-year work plan required to be included in
 1059  the local government comprehensive plan pursuant to s.
 1060  163.3177(6)(c).
 1061         (b) A description of regulations, programs, and schedules
 1062  implemented by the district.
 1063         (c) A description of groundwater characteristics, including
 1064  existing and planned wellfield sites, existing and anticipated
 1065  cones of influence, highly productive groundwater areas, aquifer
 1066  recharge areas, deep well injection zones, contaminated areas,
 1067  an assessment of regional water resource needs and sources for
 1068  the next 20 years, and water quality.
 1069         (d) Information reflecting the existing minimum flows for
 1070  surface watercourses to avoid harm to water resources or the
 1071  ecosystem and information reflecting the existing minimum water
 1072  levels for aquifers to avoid harm to water resources or the
 1073  ecosystem.
 1074         (e) Information reflecting existing reservations of water
 1075  for the protection of fish and wildlife or the public health and
 1076  safety pursuant to s. 373.223(4).
 1077         (f) Identification of surface waters and aquifers for which
 1078  minimum flows and levels are scheduled to be adopted.
 1079         (2) Upon request, the district shall provide technical
 1080  assistance to local governments in the development of water
 1081  supply development project options identified in s.
 1082  373.713(2)(a).
 1083         373.717 Regional water supply authorities.—
 1084         (1) By interlocal agreement between counties,
 1085  municipalities, or special districts, as applicable pursuant to
 1086  s. 163.01 and upon the approval of the Secretary of the
 1087  Department of Environmental Protection to ensure that such
 1088  agreement will be in the public interest and complies with the
 1089  intent and purposes of this act, regional water supply
 1090  authorities may be created for the purpose of developing,
 1091  recovering, storing, and supplying water for county or municipal
 1092  purposes in such a manner as will give priority to reducing
 1093  adverse environmental effects of excessive or improper
 1094  withdrawals of water from concentrated areas. In approving such
 1095  agreement, the Secretary of Environmental Protection shall
 1096  consider, but not be limited to, the following:
 1097         (a) Whether the geographic territory of the proposed
 1098  authority is of sufficient size and character to reduce the
 1099  environmental effects of improper or excessive withdrawals of
 1100  water from concentrated areas.
 1101         (b) The maximization of economic development of the water
 1102  resources within the territory of the proposed authority.
 1103         (c) The availability of a dependable and adequate water
 1104  supply.
 1105         (d) The ability of any proposed authority to design,
 1106  construct, operate, and maintain water supply facilities in the
 1107  locations and at the times necessary to ensure that an adequate
 1108  water supply will be available to all citizens within the
 1109  authority.
 1110         (e) The effect or impact of any proposed authority on any
 1111  municipality, county, or existing authority or authorities.
 1112         (f) The existing needs of the water users within the area
 1113  of the authority.
 1114         (2) In addition to other powers and duties agreed upon and
 1115  notwithstanding the provisions of s. 163.01, such authority may:
 1116         (a) Upon approval of the electors residing in each county
 1117  or municipality within the territory to be included in any
 1118  authority, levy ad valorem taxes, not to exceed 0.5 mill,
 1119  pursuant to s. 9(b), Art. VII of the State Constitution. No tax
 1120  authorized by this paragraph shall be levied in any county or
 1121  municipality without an affirmative vote of the electors
 1122  residing in such county or municipality.
 1123         (b) Acquire water; develop, store, and transport water;
 1124  provide, sell, and deliver water for county or municipal uses
 1125  and purposes; and provide for the furnishing of such water and
 1126  water service upon terms and conditions and at rates that will
 1127  apportion to parties and nonparties an equitable share of the
 1128  capital cost and operating expense of the authority’s work to
 1129  the purchaser.
 1130         (c) Collect, treat, and recover wastewater.
 1131         (d) Not engage in local distribution.
 1132         (e) Exercise the power of eminent domain in the manner
 1133  provided by law for the condemnation of private property for
 1134  public use to acquire title to such interest in real property as
 1135  is necessary to the exercise of the powers granted in this
 1136  section, except water already devoted to reasonable and
 1137  beneficial use or any water production or transmission
 1138  facilities owned by any county or municipality.
 1139         (f) Issue revenue bonds in the manner prescribed by the
 1140  Revenue Bond Act of 1953, as amended, part I of chapter 159, to
 1141  be payable solely from funds derived from the sale of water by
 1142  the authority to any county or municipality. Such bonds may be
 1143  additionally secured by the full faith and credit of any county
 1144  or municipality, as provided by s. 159.16, or by a pledge of
 1145  excise taxes, as provided by s. 159.19. For the purpose of
 1146  issuing revenue bonds, an authority shall be considered a
 1147  “unit,” as defined in s. 159.02(2), and as that term is used in
 1148  the Revenue Bond Act of 1953, as amended. Such bonds may be
 1149  issued to finance the cost of acquiring properties and
 1150  facilities for the production and transmission of water by the
 1151  authority to any county or municipality, which cost shall
 1152  include the acquisition of real property and easements therein
 1153  for such purposes. Such bonds may be in the form of refunding
 1154  bonds to take up any outstanding bonds of the authority or of
 1155  any county or municipality when such outstanding bonds are
 1156  secured by properties and facilities for production and
 1157  transmission of water, which properties and facilities are being
 1158  acquired by the authority. Refunding bonds may be issued to take
 1159  up and refund all outstanding bonds of the authority that are
 1160  subject to call and termination and all bonds of the authority
 1161  that are not subject to call or redemption when the surrender of
 1162  such bonds can be procured from the holder thereof at prices
 1163  satisfactory to the authority. Such refunding bonds may be
 1164  issued at any time when, in the judgment of the authority, it
 1165  will be in the best interest of the authority financially or
 1166  economically by securing a lower rate of interest on such bonds
 1167  or by extending the time of maturity of such bonds or, for any
 1168  other reason, in the judgment of the authority, advantageous to
 1169  the authority.
 1170         (g) Sue and be sued in its own name.
 1171         (h) Borrow money and incur indebtedness and issue bonds or
 1172  other evidence of such indebtedness.
 1173         (i) Join with one or more other public corporations for the
 1174  purpose of carrying out any of its powers and, for that purpose,
 1175  to contract with such other public corporation or corporations
 1176  for the purpose of financing such acquisitions, construction,
 1177  and operations. Such contracts may provide for contributions to
 1178  be made by each party thereto, for the division and
 1179  apportionment of the expenses of such acquisitions and
 1180  operations, and for the division and apportionment of the
 1181  benefits, services, and products therefrom. Such contract may
 1182  contain such other and further covenants and agreements as may
 1183  be necessary and convenient to accomplish the purposes
 1184  authorized in this paragraph.
 1185         (3) A regional water supply authority is authorized to
 1186  develop, construct, operate, maintain, or contract for
 1187  alternative sources of potable water, including desalinated
 1188  water, and pipelines to interconnect authority sources and
 1189  facilities, either by itself or jointly with a water management
 1190  district; however, such alternative potable water sources,
 1191  facilities, and pipelines may also be privately developed,
 1192  constructed, owned, operated, and maintained, in which event an
 1193  authority and a water management district are authorized to
 1194  pledge and contribute their funds to reduce the wholesale cost
 1195  of water from such alternative sources of potable water supplied
 1196  by an authority to its member governments.
 1197         (4) When it is found to be in the public interest, for the
 1198  public convenience and welfare, for a public benefit, and
 1199  necessary for carrying out the purpose of any regional water
 1200  supply authority, any state agency, county, water control
 1201  district existing pursuant to chapter 298, water management
 1202  district existing pursuant to this chapter, municipality,
 1203  governmental agency, or public corporation in this state holding
 1204  title to any interest in land is hereby authorized, in its
 1205  discretion, to convey the title to or dedicate land, title to
 1206  which is in such entity, including tax-reverted land, or to
 1207  grant use-rights therein, to any regional water supply authority
 1208  created pursuant to this section. Land granted or conveyed to
 1209  such authority shall be for the public purposes of such
 1210  authority and may be made subject to the condition that in the
 1211  event such land is not so used, or if used and subsequently its
 1212  use for such purpose is abandoned, the interest granted shall
 1213  cease as to such authority and shall automatically revert to the
 1214  granting entity.
 1215         (5) Each county, special district, or municipality that is
 1216  a party to an agreement pursuant to subsection (1) shall have a
 1217  preferential right to purchase water from the regional water
 1218  supply authority for use by such county, special district, or
 1219  municipality.
 1220         (6) In carrying out the provisions of this section, any
 1221  county wherein water is withdrawn by the authority shall not be
 1222  deprived, directly or indirectly, of the prior right to the
 1223  reasonable and beneficial use of water which is required
 1224  adequately to supply the reasonable and beneficial needs of the
 1225  county or any of the inhabitants or property owners in the
 1226  county.
 1227         (7) Upon a resolution adopted by the governing body of any
 1228  county or municipality, the authority may, subject to a majority
 1229  vote of its voting members, include such county or municipality
 1230  in its regional water supply authority upon such terms and
 1231  conditions as may be prescribed.
 1232         (8) The authority shall design, construct, operate, and
 1233  maintain facilities in the locations and at the times necessary
 1234  to ensure that an adequate water supply will be available to all
 1235  citizens within the authority.
 1236         (9) Where a water supply authority exists pursuant to this
 1237  section or s. 373.719 under a voluntary interlocal agreement
 1238  that is consistent with requirements in s. 373.719(1)(b) and
 1239  receives or maintains consumptive use permits under this
 1240  voluntary agreement consistent with the water supply plan, if
 1241  any, adopted by the governing board, such authority shall be
 1242  exempt from consideration by the governing board or department
 1243  of the factors specified in s. 373.223(3)(a)-(g) and the
 1244  submissions required by s. 373.229(3). Such exemptions shall
 1245  apply only to water sources within the jurisdictional areas of
 1246  such voluntary water supply interlocal agreements.
 1247         373.719 Assistance to Tampa Bay Water.—
 1248         (1) It is the intent of the Legislature to authorize the
 1249  implementation of changes in governance recommended by the West
 1250  Coast Regional Water Supply Authority, the predecessor to Tampa
 1251  Bay Water, in its reports to the Legislature dated February 1,
 1252  1997, and January 5, 1998. The authority and its member
 1253  governments may reconstitute the authority’s governance and
 1254  rename the authority under a voluntary interlocal agreement with
 1255  a term of at least 20 years. The interlocal agreement must
 1256  comply with this subsection as follows:
 1257         (a) The authority and its member governments must agree
 1258  that cooperative efforts are mandatory to meet their water needs
 1259  in a manner that will provide adequate and dependable supplies
 1260  of water where needed without resulting in adverse environmental
 1261  effects upon the areas from which the water is withdrawn or
 1262  otherwise produced.
 1263         (b) In accordance with s. 4, Art. VIII of the State
 1264  Constitution and notwithstanding s. 163.01, the interlocal
 1265  agreement may include the following terms, which are considered
 1266  approved by the parties without a vote of their electors, upon
 1267  execution of the interlocal agreement by all member governments
 1268  and upon satisfaction of all conditions precedent in the
 1269  interlocal agreement:
 1270         1. All member governments shall relinquish to the authority
 1271  their individual rights to develop potable water supply sources,
 1272  except as otherwise provided in the interlocal agreement.
 1273         2. The authority shall be the sole and exclusive wholesale
 1274  potable water supplier for all member governments.
 1275         3. The authority shall have the absolute and unequivocal
 1276  obligation to meet the wholesale needs of the member governments
 1277  for potable water.
 1278         4. A member government may not restrict or prohibit the use
 1279  of land within a member’s jurisdictional boundaries by the
 1280  authority for water supply purposes through the use of zoning,
 1281  land use, comprehensive planning, or other form of regulation.
 1282         5. A member government may not impose any tax, fee, or
 1283  charge upon the authority in conjunction with the production or
 1284  supply of water not otherwise provided for in the interlocal
 1285  agreement.
 1286         6. The authority may use the powers provided in part II of
 1287  chapter 159 for financing and refinancing water treatment,
 1288  production, or transmission facilities, including, but not
 1289  limited to, desalination facilities. All such water treatment,
 1290  production, or transmission facilities are considered a
 1291  manufacturing plant for purposes of s. 159.27(5) and serve a
 1292  paramount public purpose by providing water to citizens of the
 1293  state.
 1294         7. A member government and any governmental or quasi
 1295  judicial board or commission established by local ordinance or
 1296  general or special law when the governing membership of such
 1297  board or commission is shared, in whole or in part, or appointed
 1298  by a member government agreeing to be bound by the interlocal
 1299  agreement shall be limited to the procedures set forth in the
 1300  interlocal agreement regarding actions that directly or
 1301  indirectly restrict or prohibit the use of lands or other
 1302  activities related to the production or supply of water.
 1303         (c) The authority shall acquire full or lesser interests in
 1304  all regionally significant member government wholesale water
 1305  supply facilities and tangible assets and each member government
 1306  shall convey such interests in the facilities and assets to the
 1307  authority, at an agreed value.
 1308         (d) The authority shall charge a uniform per gallon
 1309  wholesale rate to member governments for the wholesale supply of
 1310  potable water. All capital, operation, maintenance, and
 1311  administrative costs for existing facilities and acquired
 1312  facilities, authority master water plan facilities, and other
 1313  future projects must be allocated to member governments based on
 1314  water usage at the uniform per-gallon wholesale rate.
 1315         (e) The interlocal agreement may include procedures for
 1316  resolving the parties’ differences regarding water management
 1317  district proposed agency action in the water use permitting
 1318  process within the authority. Such procedures should minimize
 1319  the potential for litigation and include alternative dispute
 1320  resolution. Any governmental or quasi-judicial board or
 1321  commission established by local ordinance or general or special
 1322  law where the governing members of such board or commission are
 1323  shared, in whole or in part, or appointed by a member government
 1324  may agree to be bound by the dispute resolution procedures set
 1325  forth in the interlocal agreement.
 1326         (f) Upon execution of the voluntary interlocal agreement
 1327  provided for in this section, the authority shall jointly
 1328  develop with the Southwest Florida Water Management District
 1329  alternative sources of potable water and transmission pipelines
 1330  to interconnect regionally significant water supply sources and
 1331  facilities of the authority in amounts sufficient to meet the
 1332  needs of all member governments for a period of at least 20
 1333  years and for natural systems. Nothing in this section, however,
 1334  shall preclude the authority and its member governments from
 1335  developing traditional water sources pursuant to the voluntary
 1336  interlocal agreement. Development and construction costs for
 1337  alternative source facilities, which may include a desalination
 1338  facility and significant regional interconnects, must be borne
 1339  as mutually agreed to by both the authority and the Southwest
 1340  Florida Water Management District. Nothing in this section shall
 1341  preclude authority or district cost sharing with private
 1342  entities for the construction or ownership of alternative source
 1343  facilities. By December 31, 1997, the authority and the
 1344  Southwest Florida Water Management District shall:
 1345         1. Enter into a mutually acceptable agreement detailing the
 1346  development and implementation of directives contained in this
 1347  paragraph; or
 1348         2. Jointly prepare and submit to the President of the
 1349  Senate and the Speaker of the House of Representatives a report
 1350  describing the progress made and impediments encountered in
 1351  their attempts to implement the water resource development and
 1352  water supply development directives contained in this paragraph.
 1353  Nothing in this section shall be construed to modify the rights
 1354  or responsibilities of the authority or its member governments,
 1355  except as otherwise provided in this section, or of the
 1356  Southwest Florida Water Management District or the department
 1357  pursuant to this chapter or chapter 403 and as otherwise set
 1358  forth by law.
 1359         (g) Unless otherwise provided in the interlocal agreement,
 1360  the authority shall be governed by a board of commissioners
 1361  consisting of nine voting members, all of whom must be elected
 1362  officers, as follows:
 1363         1. Three members from Hillsborough County who must be
 1364  selected by the county commission; provided, however, that one
 1365  member shall be selected by the Mayor of Tampa in the event that
 1366  the City of Tampa elects to be a member of the authority.
 1367         2. Three members from Pasco County, two of whom must be
 1368  selected by the county commission and one of whom must be
 1369  selected by the City Council of New Port Richey.
 1370         3. Three members from Pinellas County, two of whom must be
 1371  selected by the county commission and one of whom must be
 1372  selected by the City Council of St. Petersburg. Except as
 1373  otherwise provided in this section or in the voluntary
 1374  interlocal agreement between the member governments, a majority
 1375  vote shall bind the authority and its member governments in all
 1376  matters relating to the funding of wholesale water supply,
 1377  production, delivery, and related activities.
 1378         (2) The provisions of this section supersede any
 1379  conflicting provisions contained in all other general or special
 1380  laws or provisions thereof as they may apply directly or
 1381  indirectly to the exclusivity of water supply or withdrawal of
 1382  water, including provisions relating to the environmental
 1383  effects, if any, in conjunction with the production and supply
 1384  of potable water, and the provisions of this section are
 1385  intended to be a complete revision of all laws related to a
 1386  regional water supply authority created under s. 373.717 and
 1387  this section.
 1388         (3) The authority shall prepare its annual budget in the
 1389  same manner as prescribed for the preparation of basin budgets,
 1390  but such authority budget shall not be subject to review by the
 1391  respective basin boards or by the governing board of the
 1392  district.
 1393         (4) The annual millage for the authority shall be the
 1394  amount required to raise the amount called for by the annual
 1395  budget when applied to the total assessment on all taxable
 1396  property within the limits of the authority, as determined for
 1397  county taxing purposes.
 1398         (5) The authority may, by resolution, request the governing
 1399  board of the district to levy ad valorem taxes within the
 1400  boundaries of the authority. Upon receipt of such request,
 1401  together with formal certification of the adoption of its annual
 1402  budget and of the required tax levy, the authority tax levy
 1403  shall be made by the governing board of the district to finance
 1404  authority functions.
 1405         (6) The taxes provided for in this section shall be
 1406  extended by the property appraiser on the county tax roll in
 1407  each county within, or partly within, the authority boundaries
 1408  and shall be collected by the tax collector in the same manner
 1409  and time as county taxes, and the proceeds therefrom paid to the
 1410  district, which shall forthwith pay them over to the authority.
 1411  Until paid, such taxes shall be a lien on the property against
 1412  which assessed and enforceable in like manner as county taxes.
 1413  The property appraisers, tax collectors, and clerks of the
 1414  circuit court of the respective counties shall be entitled to
 1415  compensation for services performed in connection with such
 1416  taxes at the same rates as apply to county taxes.
 1417         (7) The governing board of the district shall not be
 1418  responsible for any actions or lack of actions by the authority.
 1419         Section 2. Subsection (4) of section 11.80, Florida
 1420  Statutes, is amended to read:
 1421         11.80 Joint Legislative Committee on Everglades Oversight.—
 1422         (4) Annually, no later than March 1, as part of the
 1423  consolidated annual report required by s. 373.036(5)(7), the
 1424  South Florida Water Management District shall report to the
 1425  Joint Legislative Committee on Everglades Oversight on the
 1426  status of the implementation of the Everglades Forever Act. Such
 1427  report shall include, but is not limited to:
 1428         (a) Progress on the Everglades Construction Project.
 1429         (b) Changes to the Everglades Construction Project.
 1430         (c) Actual revenues, compared to projected revenues.
 1431         (d) Projected acquisition costs, construction costs,
 1432  operation and maintenance costs, and projected revenues, over
 1433  the succeeding 5 years.
 1434         Section 3. Subsection (13) of section 120.52, Florida
 1435  Statutes, is amended to read:
 1436         120.52 Definitions.—As used in this act:
 1437         (13) “Party” means:
 1438         (a) Specifically named persons whose substantial interests
 1439  are being determined in the proceeding.
 1440         (b) Any other person who, as a matter of constitutional
 1441  right, provision of statute, or provision of agency regulation,
 1442  is entitled to participate in whole or in part in the
 1443  proceeding, or whose substantial interests will be affected by
 1444  proposed agency action, and who makes an appearance as a party.
 1445         (c) Any other person, including an agency staff member,
 1446  allowed by the agency to intervene or participate in the
 1447  proceeding as a party. An agency may by rule authorize limited
 1448  forms of participation in agency proceedings for persons who are
 1449  not eligible to become parties.
 1450         (d) Any county representative, agency, department, or unit
 1451  funded and authorized by state statute or county ordinance to
 1452  represent the interests of the consumers of a county, when the
 1453  proceeding involves the substantial interests of a significant
 1454  number of residents of the county and the board of county
 1455  commissioners has, by resolution, authorized the representative,
 1456  agency, department, or unit to represent the class of interested
 1457  persons. The authorizing resolution shall apply to a specific
 1458  proceeding and to appeals and ancillary proceedings thereto, and
 1459  it shall not be required to state the names of the persons whose
 1460  interests are to be represented.
 1461  
 1462  The term “party” does not include a member government of a
 1463  regional water supply authority or a governmental or quasi
 1464  judicial board or commission established by local ordinance or
 1465  special or general law where the governing membership of such
 1466  board or commission is shared with, in whole or in part, or
 1467  appointed by a member government of a regional water supply
 1468  authority in proceedings under s. 120.569, s. 120.57, or s.
 1469  120.68, to the extent that an interlocal agreement under ss.
 1470  163.01 and 373.717 373.1962 exists in which the member
 1471  government has agreed that its substantial interests are not
 1472  affected by the proceedings or that it is to be bound by
 1473  alternative dispute resolution in lieu of participating in the
 1474  proceedings. This exclusion applies only to those particular
 1475  types of disputes or controversies, if any, identified in an
 1476  interlocal agreement.
 1477         Section 4. Subsection (13) of section 163.3167, Florida
 1478  Statutes, is amended to read:
 1479         163.3167 Scope of act.—
 1480         (13) Each local government shall address in its
 1481  comprehensive plan, as enumerated in this chapter, the water
 1482  supply sources necessary to meet and achieve the existing and
 1483  projected water use demand for the established planning period,
 1484  considering the applicable plan developed pursuant to s. 373.713
 1485  373.0361.
 1486         Section 5. Paragraph (a) of subsection (4) and paragraphs
 1487  (c), (d), and (h) of subsection (6) of section 163.3177, Florida
 1488  Statutes, are amended to read:
 1489         163.3177 Required and optional elements of comprehensive
 1490  plan; studies and surveys.—
 1491         (4)(a) Coordination of the local comprehensive plan with
 1492  the comprehensive plans of adjacent municipalities, the county,
 1493  adjacent counties, or the region; with the appropriate water
 1494  management district’s regional water supply plans approved
 1495  pursuant to s. 373.713 373.0361; with adopted rules pertaining
 1496  to designated areas of critical state concern; and with the
 1497  state comprehensive plan shall be a major objective of the local
 1498  comprehensive planning process. To that end, in the preparation
 1499  of a comprehensive plan or element thereof, and in the
 1500  comprehensive plan or element as adopted, the governing body
 1501  shall include a specific policy statement indicating the
 1502  relationship of the proposed development of the area to the
 1503  comprehensive plans of adjacent municipalities, the county,
 1504  adjacent counties, or the region and to the state comprehensive
 1505  plan, as the case may require and as such adopted plans or plans
 1506  in preparation may exist.
 1507         (6) In addition to the requirements of subsections (1)-(5)
 1508  and (12), the comprehensive plan shall include the following
 1509  elements:
 1510         (c) A general sanitary sewer, solid waste, drainage,
 1511  potable water, and natural groundwater aquifer recharge element
 1512  correlated to principles and guidelines for future land use,
 1513  indicating ways to provide for future potable water, drainage,
 1514  sanitary sewer, solid waste, and aquifer recharge protection
 1515  requirements for the area. The element may be a detailed
 1516  engineering plan including a topographic map depicting areas of
 1517  prime groundwater recharge. The element shall describe the
 1518  problems and needs and the general facilities that will be
 1519  required for solution of the problems and needs. The element
 1520  shall also include a topographic map depicting any areas adopted
 1521  by a regional water management district as prime groundwater
 1522  recharge areas for the Floridan or Biscayne aquifers, pursuant
 1523  to s. 373.0397. These areas shall be given special consideration
 1524  when the local government is engaged in zoning or considering
 1525  future land use for said designated areas. For areas served by
 1526  septic tanks, soil surveys shall be provided which indicate the
 1527  suitability of soils for septic tanks. Within 18 months after
 1528  the governing board approves an updated regional water supply
 1529  plan, the element must incorporate the alternative water supply
 1530  project or projects selected by the local government from those
 1531  identified in the regional water supply plan pursuant to s.
 1532  373.713 373.0361(2)(a) or proposed by the local government under
 1533  s. 373.713 373.0361(7)(b). If a local government is located
 1534  within two water management districts, the local government
 1535  shall adopt its comprehensive plan amendment within 18 months
 1536  after the later updated regional water supply plan. The element
 1537  must identify such alternative water supply projects and
 1538  traditional water supply projects and conservation and reuse
 1539  necessary to meet the water needs identified in s. 373.713
 1540  373.0361(2)(a) within the local government’s jurisdiction and
 1541  include a work plan, covering at least a 10 year planning
 1542  period, for building public, private, and regional water supply
 1543  facilities, including development of alternative water supplies,
 1544  which are identified in the element as necessary to serve
 1545  existing and new development. The work plan shall be updated, at
 1546  a minimum, every 5 years within 18 months after the governing
 1547  board of a water management district approves an updated
 1548  regional water supply plan. Amendments to incorporate the work
 1549  plan do not count toward the limitation on the frequency of
 1550  adoption of amendments to the comprehensive plan. Local
 1551  governments, public and private utilities, regional water supply
 1552  authorities, special districts, and water management districts
 1553  are encouraged to cooperatively plan for the development of
 1554  multijurisdictional water supply facilities that are sufficient
 1555  to meet projected demands for established planning periods,
 1556  including the development of alternative water sources to
 1557  supplement traditional sources of groundwater and surface water
 1558  supplies.
 1559         (d) A conservation element for the conservation, use, and
 1560  protection of natural resources in the area, including air,
 1561  water, water recharge areas, wetlands, waterwells, estuarine
 1562  marshes, soils, beaches, shores, flood plains, rivers, bays,
 1563  lakes, harbors, forests, fisheries and wildlife, marine habitat,
 1564  minerals, and other natural and environmental resources,
 1565  including factors that affect energy conservation. Local
 1566  governments shall assess their current, as well as projected,
 1567  water needs and sources for at least a 10-year period,
 1568  considering the appropriate regional water supply plan approved
 1569  pursuant to s. 373.713 373.0361, or, in the absence of an
 1570  approved regional water supply plan, the district water supply
 1571  management plan approved pursuant to s. 373.707 373.036(2). This
 1572  information shall be submitted to the appropriate agencies. The
 1573  land use map or map series contained in the future land use
 1574  element shall generally identify and depict the following:
 1575         1. Existing and planned waterwells and cones of influence
 1576  where applicable.
 1577         2. Beaches and shores, including estuarine systems.
 1578         3. Rivers, bays, lakes, flood plains, and harbors.
 1579         4. Wetlands.
 1580         5. Minerals and soils.
 1581         6. Energy conservation.
 1582  
 1583  The land uses identified on such maps shall be consistent with
 1584  applicable state law and rules.
 1585         (h)1. An intergovernmental coordination element showing
 1586  relationships and stating principles and guidelines to be used
 1587  in the accomplishment of coordination of the adopted
 1588  comprehensive plan with the plans of school boards, regional
 1589  water supply authorities, and other units of local government
 1590  providing services but not having regulatory authority over the
 1591  use of land, with the comprehensive plans of adjacent
 1592  municipalities, the county, adjacent counties, or the region,
 1593  with the state comprehensive plan and with the applicable
 1594  regional water supply plan approved pursuant to s. 373.713
 1595  373.0361, as the case may require and as such adopted plans or
 1596  plans in preparation may exist. This element of the local
 1597  comprehensive plan shall demonstrate consideration of the
 1598  particular effects of the local plan, when adopted, upon the
 1599  development of adjacent municipalities, the county, adjacent
 1600  counties, or the region, or upon the state comprehensive plan,
 1601  as the case may require.
 1602         a. The intergovernmental coordination element shall provide
 1603  for procedures to identify and implement joint planning areas,
 1604  especially for the purpose of annexation, municipal
 1605  incorporation, and joint infrastructure service areas.
 1606         b. The intergovernmental coordination element shall provide
 1607  for recognition of campus master plans prepared pursuant to s.
 1608  1013.30.
 1609         c. The intergovernmental coordination element may provide
 1610  for a voluntary dispute resolution process as established
 1611  pursuant to s. 186.509 for bringing to closure in a timely
 1612  manner intergovernmental disputes. A local government may
 1613  develop and use an alternative local dispute resolution process
 1614  for this purpose.
 1615         2. The intergovernmental coordination element shall further
 1616  state principles and guidelines to be used in the accomplishment
 1617  of coordination of the adopted comprehensive plan with the plans
 1618  of school boards and other units of local government providing
 1619  facilities and services but not having regulatory authority over
 1620  the use of land. In addition, the intergovernmental coordination
 1621  element shall describe joint processes for collaborative
 1622  planning and decisionmaking on population projections and public
 1623  school siting, the location and extension of public facilities
 1624  subject to concurrency, and siting facilities with countywide
 1625  significance, including locally unwanted land uses whose nature
 1626  and identity are established in an agreement. Within 1 year of
 1627  adopting their intergovernmental coordination elements, each
 1628  county, all the municipalities within that county, the district
 1629  school board, and any unit of local government service providers
 1630  in that county shall establish by interlocal or other formal
 1631  agreement executed by all affected entities, the joint processes
 1632  described in this subparagraph consistent with their adopted
 1633  intergovernmental coordination elements.
 1634         3. To foster coordination between special districts and
 1635  local general-purpose governments as local general-purpose
 1636  governments implement local comprehensive plans, each
 1637  independent special district must submit a public facilities
 1638  report to the appropriate local government as required by s.
 1639  189.415.
 1640         4.a. Local governments must execute an interlocal agreement
 1641  with the district school board, the county, and nonexempt
 1642  municipalities pursuant to s. 163.31777. The local government
 1643  shall amend the intergovernmental coordination element to
 1644  provide that coordination between the local government and
 1645  school board is pursuant to the agreement and shall state the
 1646  obligations of the local government under the agreement.
 1647         b. Plan amendments that comply with this subparagraph are
 1648  exempt from the provisions of s. 163.3187(1).
 1649         5. The state land planning agency shall establish a
 1650  schedule for phased completion and transmittal of plan
 1651  amendments to implement subparagraphs 1., 2., and 3. from all
 1652  jurisdictions so as to accomplish their adoption by December 31,
 1653  1999. A local government may complete and transmit its plan
 1654  amendments to carry out these provisions prior to the scheduled
 1655  date established by the state land planning agency. The plan
 1656  amendments are exempt from the provisions of s. 163.3187(1).
 1657         6. By January 1, 2004, any county having a population
 1658  greater than 100,000, and the municipalities and special
 1659  districts within that county, shall submit a report to the
 1660  Department of Community Affairs which:
 1661         a. Identifies all existing or proposed interlocal service
 1662  delivery agreements regarding the following: education; sanitary
 1663  sewer; public safety; solid waste; drainage; potable water;
 1664  parks and recreation; and transportation facilities.
 1665         b. Identifies any deficits or duplication in the provision
 1666  of services within its jurisdiction, whether capital or
 1667  operational. Upon request, the Department of Community Affairs
 1668  shall provide technical assistance to the local governments in
 1669  identifying deficits or duplication.
 1670         7. Within 6 months after submission of the report, the
 1671  Department of Community Affairs shall, through the appropriate
 1672  regional planning council, coordinate a meeting of all local
 1673  governments within the regional planning area to discuss the
 1674  reports and potential strategies to remedy any identified
 1675  deficiencies or duplications.
 1676         8. Each local government shall update its intergovernmental
 1677  coordination element based upon the findings in the report
 1678  submitted pursuant to subparagraph 6. The report may be used as
 1679  supporting data and analysis for the intergovernmental
 1680  coordination element.
 1681         Section 6. Paragraph (l) of subsection (2) of section
 1682  163.3191, Florida Statutes, is amended to read:
 1683         163.3191 Evaluation and appraisal of comprehensive plan.—
 1684         (2) The report shall present an evaluation and assessment
 1685  of the comprehensive plan and shall contain appropriate
 1686  statements to update the comprehensive plan, including, but not
 1687  limited to, words, maps, illustrations, or other media, related
 1688  to:
 1689         (l) The extent to which the local government has been
 1690  successful in identifying alternative water supply projects and
 1691  traditional water supply projects, including conservation and
 1692  reuse, necessary to meet the water needs identified in s.
 1693  373.713 373.0361(2)(a) within the local government’s
 1694  jurisdiction. The report must evaluate the degree to which the
 1695  local government has implemented the work plan for building
 1696  public, private, and regional water supply facilities, including
 1697  development of alternative water supplies, identified in the
 1698  element as necessary to serve existing and new development.
 1699         Section 7. Paragraph (n) of subsection (2) of section
 1700  186.009, Florida Statutes, is amended to read:
 1701         186.009 Growth management portion of the state
 1702  comprehensive plan.—
 1703         (2) The growth management portion of the state
 1704  comprehensive plan shall:
 1705         (n) Set forth recommendations on how to integrate the
 1706  Florida water supply plan required by s. 373.707 373.036 and
 1707  transportation plans required by chapter 339.
 1708  
 1709  The growth management portion of the state comprehensive plan
 1710  shall not include a land use map.
 1711         Section 8. Paragraphs (c) and (d) of subsection (4) of
 1712  section 189.404, Florida Statutes, are amended to read:
 1713         189.404 Legislative intent for the creation of independent
 1714  special districts; special act prohibitions; model elements and
 1715  other requirements; general-purpose local government/Governor
 1716  and Cabinet creation authorizations.—
 1717         (4) LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION
 1718  AUTHORIZATIONS.—Except as otherwise authorized by general law,
 1719  only the Legislature may create independent special districts.
 1720         (c) The Governor and Cabinet may create an independent
 1721  special district which shall be established by rule in
 1722  accordance with s. 190.005 or as otherwise authorized in general
 1723  law. The Governor and Cabinet may also approve the establishment
 1724  of a charter for the creation of an independent special district
 1725  which shall be in accordance with s. 373.717 373.1962, or as
 1726  otherwise authorized in general law.
 1727         (d)1. Any combination of two or more counties may create a
 1728  regional special district which shall be established in
 1729  accordance with s. 950.001, or as otherwise authorized in
 1730  general law.
 1731         2. Any combination of two or more counties or
 1732  municipalities may create a regional special district which
 1733  shall be established in accordance with s. 373.717 373.1962, or
 1734  as otherwise authorized by general law.
 1735         3. Any combination of two or more counties, municipalities,
 1736  or other political subdivisions may create a regional special
 1737  district in accordance with s. 163.567, or as otherwise
 1738  authorized in general law.
 1739         Section 9. Subsection (3) of section 189.4155, Florida
 1740  Statutes, is amended to read:
 1741         189.4155 Activities of special districts; local government
 1742  comprehensive planning.—
 1743         (3) The provisions of this section shall not apply to water
 1744  management districts created pursuant to s. 373.069, to regional
 1745  water supply authorities created pursuant to s. 373.717
 1746  373.1962, or to spoil disposal sites owned or used by the
 1747  Federal Government.
 1748         Section 10. Section 189.4156, Florida Statutes, is amended
 1749  to read:
 1750         189.4156 Water management district technical assistance;
 1751  local government comprehensive planning.—Water management
 1752  districts shall assist local governments in the development of
 1753  local government comprehensive plan elements related to water
 1754  resource issues as required by s. 373.715 373.0391.
 1755         Section 11. Subsection (7) of section 367.021, Florida
 1756  Statutes, is amended to read:
 1757         367.021 Definitions.—As used in this chapter, the following
 1758  words or terms shall have the meanings indicated:
 1759         (7) “Governmental authority” means a political subdivision,
 1760  as defined by s. 1.01(8), a regional water supply authority
 1761  created pursuant to s. 373.717 373.1962, or a nonprofit
 1762  corporation formed for the purpose of acting on behalf of a
 1763  political subdivision with respect to a water or wastewater
 1764  facility.
 1765         Section 12. Subsections (4), (5), and (6) of section
 1766  373.016, Florida Statutes, are amended to read:
 1767         373.016 Declaration of policy.—
 1768         (4)(a) Because water constitutes a public resource
 1769  benefiting the entire state, it is the policy of the Legislature
 1770  that the waters in the state be managed on a state and regional
 1771  basis. Consistent with this directive, the Legislature
 1772  recognizes the need to allocate water throughout the state so as
 1773  to meet all reasonable-beneficial uses. However, the Legislature
 1774  acknowledges that such allocations have in the past adversely
 1775  affected the water resources of certain areas in this state. To
 1776  protect such water resources and to meet the current and future
 1777  needs of those areas with abundant water, the Legislature
 1778  directs the department and the water management districts to
 1779  encourage the use of water from sources nearest the area of use
 1780  or application whenever practicable. Such sources shall include
 1781  all naturally occurring water sources and all alternative water
 1782  sources, including, but not limited to, desalination,
 1783  conservation, reuse of nonpotable reclaimed water and
 1784  stormwater, and aquifer storage and recovery. Reuse of potable
 1785  reclaimed water and stormwater shall not be subject to the
 1786  evaluation described in s. 373.223(3)(a)-(g). However, this
 1787  directive to encourage the use of water, whenever practicable,
 1788  from sources nearest the area of use or application shall not
 1789  apply to the transport and direct and indirect use of water
 1790  within the area encompassed by the Central and Southern Florida
 1791  Flood Control Project, nor shall it apply anywhere in the state
 1792  to the transport and use of water supplied exclusively for
 1793  bottled water as defined in s. 500.03(1)(d), nor shall it apply
 1794  to the transport and use of reclaimed water for electrical power
 1795  production by an electric utility as defined in section
 1796  366.02(2).
 1797         (b) In establishing the policy outlined in paragraph (a),
 1798  the Legislature realizes that under certain circumstances the
 1799  need to transport water from distant sources may be necessary
 1800  for environmental, technical, or economic reasons.
 1801         (4)(5) The Legislature recognizes that the water resource
 1802  problems of the state vary from region to region, both in
 1803  magnitude and complexity. It is therefore the intent of the
 1804  Legislature to vest in the Department of Environmental
 1805  Protection or its successor agency the power and responsibility
 1806  to accomplish the conservation, protection, management, and
 1807  control of the waters of the state and with sufficient
 1808  flexibility and discretion to accomplish these ends through
 1809  delegation of appropriate powers to the various water management
 1810  districts. The department may exercise any power herein
 1811  authorized to be exercised by a water management district;
 1812  however, to the greatest extent practicable, such power should
 1813  be delegated to the governing board of a water management
 1814  district.
 1815         (5)(6) It is further declared the policy of the Legislature
 1816  that each water management district, to the extent consistent
 1817  with effective management practices, shall approximate its
 1818  fiscal and budget policies and procedures to those of the state.
 1819         Section 13. Section 373.019, Florida Statutes, is amended
 1820  to read:
 1821         373.019 Definitions.—When appearing in this chapter or in
 1822  any rule, regulation, or order adopted pursuant thereto, the
 1823  term:
 1824         (1) “Alternative water supplies” means salt water; brackish
 1825  surface and groundwater; surface water captured predominately
 1826  during wet-weather flows; sources made available through the
 1827  addition of new storage capacity for surface or groundwater,
 1828  water that has been reclaimed after one or more public supply,
 1829  municipal, industrial, commercial, or agricultural uses; the
 1830  downstream augmentation of water bodies with reclaimed water;
 1831  stormwater; and any other water supply source that is designated
 1832  as nontraditional for a water supply planning region in the
 1833  applicable regional water supply plan.
 1834         (2) “Capital costs” means planning, design, engineering,
 1835  and project construction costs.
 1836         (1)(3) “Coastal waters” means waters of the Atlantic Ocean
 1837  or the Gulf of Mexico within the jurisdiction of the state.
 1838         (2)(4) “Department” means the Department of Environmental
 1839  Protection or its successor agency or agencies.
 1840         (3)(5) “District water management plan” means the regional
 1841  water resource plan developed by a governing board under s.
 1842  373.036.
 1843         (4)(6) “Domestic use” means the use of water for the
 1844  individual personal household purposes of drinking, bathing,
 1845  cooking, or sanitation. All other uses shall not be considered
 1846  domestic.
 1847         (5)(7) “Florida water plan” means the state-level water
 1848  resource plan developed by the department under s. 373.036.
 1849         (6)(8) “Governing board” means the governing board of a
 1850  water management district.
 1851         (7)(9) “Groundwater” means water beneath the surface of the
 1852  ground, whether or not flowing through known and definite
 1853  channels.
 1854         (8)(10) “Impoundment” means any lake, reservoir, pond, or
 1855  other containment of surface water occupying a bed or depression
 1856  in the earth’s surface and having a discernible shoreline.
 1857         (9)(11) “Independent scientific peer review” means the
 1858  review of scientific data, theories, and methodologies by a
 1859  panel of independent, recognized experts in the fields of
 1860  hydrology, hydrogeology, limnology, and other scientific
 1861  disciplines relevant to the matters being reviewed under s.
 1862  373.042.
 1863         (12) “Multijurisdictional water supply entity” means two or
 1864  more water utilities or local governments that have organized
 1865  into a larger entity, or entered into an interlocal agreement or
 1866  contract, for the purpose of more efficiently pursuing water
 1867  supply development or alternative water supply development
 1868  projects listed pursuant to a regional water supply plan.
 1869         (10)(13) “Nonregulated use” means any use of water which is
 1870  exempted from regulation by the provisions of this chapter.
 1871         (11)(14) “Other watercourse” means any canal, ditch, or
 1872  other artificial watercourse in which water usually flows in a
 1873  defined bed or channel. It is not essential that the flowing be
 1874  uniform or uninterrupted.
 1875         (12)(15) “Person” means any and all persons, natural or
 1876  artificial, including any individual, firm, association,
 1877  organization, partnership, business trust, corporation, company,
 1878  the United States of America, and the state and all political
 1879  subdivisions, regions, districts, municipalities, and public
 1880  agencies thereof. The enumeration herein is not intended to be
 1881  exclusive or exhaustive.
 1882         (13)(16) “Reasonable-beneficial use” means the use of water
 1883  in such quantity as is necessary for economic and efficient
 1884  utilization for a purpose and in a manner which is both
 1885  reasonable and consistent with the public interest.
 1886         (17) “Regional water supply plan” means a detailed water
 1887  supply plan developed by a governing board under s. 373.0361.
 1888         (14)(18) “Stream” means any river, creek, slough, or
 1889  natural watercourse in which water usually flows in a defined
 1890  bed or channel. It is not essential that the flowing be uniform
 1891  or uninterrupted. The fact that some part of the bed or channel
 1892  has been dredged or improved does not prevent the watercourse
 1893  from being a stream.
 1894         (15)(19) “Surface water” means water upon the surface of
 1895  the earth, whether contained in bounds created naturally or
 1896  artificially or diffused. Water from natural springs shall be
 1897  classified as surface water when it exits from the spring onto
 1898  the earth’s surface.
 1899         (16)(20) “Water” or “waters in the state” means any and all
 1900  water on or beneath the surface of the ground or in the
 1901  atmosphere, including natural or artificial watercourses, lakes,
 1902  ponds, or diffused surface water and water percolating,
 1903  standing, or flowing beneath the surface of the ground, as well
 1904  as all coastal waters within the jurisdiction of the state.
 1905         (17)(21) “Water management district” means any flood
 1906  control, resource management, or water management district
 1907  operating under the authority of this chapter.
 1908         (22) “Water resource development” means the formulation and
 1909  implementation of regional water resource management strategies,
 1910  including the collection and evaluation of surface water and
 1911  groundwater data; structural and nonstructural programs to
 1912  protect and manage water resources; the development of regional
 1913  water resource implementation programs; the construction,
 1914  operation, and maintenance of major public works facilities to
 1915  provide for flood control, surface and underground water
 1916  storage, and groundwater recharge augmentation; and related
 1917  technical assistance to local governments and to government
 1918  owned and privately owned water utilities.
 1919         (18)(23) “Water resource implementation rule” means the
 1920  rule authorized by s. 373.036, which sets forth goals,
 1921  objectives, and guidance for the development and review of
 1922  programs, rules, and plans relating to water resources, based on
 1923  statutory policies and directives. The waters of the state are
 1924  among its most basic resources. Such waters should be managed to
 1925  conserve and protect water resources and to realize the full
 1926  beneficial use of these resources.
 1927         (24) “Water supply development” means the planning, design,
 1928  construction, operation, and maintenance of public or private
 1929  facilities for water collection, production, treatment,
 1930  transmission, or distribution for sale, resale, or end use.
 1931         (19)(25) For the sole purpose of serving as the basis for
 1932  the unified statewide methodology adopted pursuant to s.
 1933  373.421(1), as amended, “wetlands” means those areas that are
 1934  inundated or saturated by surface water or groundwater at a
 1935  frequency and a duration sufficient to support, and under normal
 1936  circumstances do support, a prevalence of vegetation typically
 1937  adapted for life in saturated soils. Soils present in wetlands
 1938  generally are classified as hydric or alluvial, or possess
 1939  characteristics that are associated with reducing soil
 1940  conditions. The prevalent vegetation in wetlands generally
 1941  consists of facultative or obligate hydrophytic macrophytes that
 1942  are typically adapted to areas having soil conditions described
 1943  above. These species, due to morphological, physiological, or
 1944  reproductive adaptations, have the ability to grow, reproduce,
 1945  or persist in aquatic environments or anaerobic soil conditions.
 1946  Florida wetlands generally include swamps, marshes, bayheads,
 1947  bogs, cypress domes and strands, sloughs, wet prairies, riverine
 1948  swamps and marshes, hydric seepage slopes, tidal marshes,
 1949  mangrove swamps and other similar areas. Florida wetlands
 1950  generally do not include longleaf or slash pine flatwoods with
 1951  an understory dominated by saw palmetto. Upon legislative
 1952  ratification of the methodology adopted pursuant to s.
 1953  373.421(1), as amended, the limitation contained herein
 1954  regarding the purpose of this definition shall cease to be
 1955  effective.
 1956         (20)(26) “Works of the district” means those projects and
 1957  works, including, but not limited to, structures, impoundments,
 1958  wells, streams, and other watercourses, together with the
 1959  appurtenant facilities and accompanying lands, which have been
 1960  officially adopted by the governing board of the district as
 1961  works of the district.
 1962         Section 14. Paragraph (b) of subsection (8) of section
 1963  373.026, Florida Statutes, is amended to read:
 1964         373.026 General powers and duties of the department.—The
 1965  department, or its successor agency, shall be responsible for
 1966  the administration of this chapter at the state level. However,
 1967  it is the policy of the state that, to the greatest extent
 1968  possible, the department may enter into interagency or
 1969  interlocal agreements with any other state agency, any water
 1970  management district, or any local government conducting programs
 1971  related to or materially affecting the water resources of the
 1972  state. All such agreements shall be subject to the provisions of
 1973  s. 373.046. In addition to its other powers and duties, the
 1974  department shall, to the greatest extent possible:
 1975         (8)
 1976         (b) To ensure to the greatest extent possible that project
 1977  components will go forward as planned, the department shall
 1978  collaborate with the South Florida Water Management District in
 1979  implementing the comprehensive plan as defined in s.
 1980  373.470(2)(b), the Lake Okeechobee Watershed Protection Plan as
 1981  defined in s. 373.4595(2), and the River Watershed Protection
 1982  Plans as defined in s. 373.4595(2). Before any project component
 1983  is submitted to Congress for authorization or receives an
 1984  appropriation of state funds, the department must approve, or
 1985  approve with amendments, each project component within 60 days
 1986  following formal submittal of the project component to the
 1987  department. Prior to the release of state funds for the
 1988  implementation of the comprehensive plan, department approval
 1989  shall be based upon a determination of the South Florida Water
 1990  Management District’s compliance with s. 373.1501(5). Once a
 1991  project component is approved, the South Florida Water
 1992  Management District shall provide to the Joint Legislative
 1993  Committee on Everglades Oversight a schedule for implementing
 1994  the project component, the estimated total cost of the project
 1995  component, any existing federal or nonfederal credits, the
 1996  estimated remaining federal and nonfederal share of costs, and
 1997  an estimate of the amount of state funds that will be needed to
 1998  implement the project component. All requests for an
 1999  appropriation of state funds needed to implement the project
 2000  component shall be submitted to the department, and such
 2001  requests shall be included in the department’s annual request to
 2002  the Governor. Prior to the release of state funds for the
 2003  implementation of the Lake Okeechobee Watershed Protection Plan
 2004  or the River Watershed Protection Plans, on an annual basis, the
 2005  South Florida Water Management District shall prepare an annual
 2006  work plan as part of the consolidated annual report required in
 2007  s. 373.036(5)(7). Upon a determination by the secretary of the
 2008  annual work plan’s consistency with the goals and objectives of
 2009  s. 373.4595, the secretary may approve the release of state
 2010  funds. Any modifications to the annual work plan shall be
 2011  submitted to the secretary for review and approval.
 2012         Section 15. Section 373.036, Florida Statutes, is amended
 2013  to read:
 2014         373.036 Florida water plan; district water management
 2015  plans.—
 2016         (1) FLORIDA WATER PLAN.—In cooperation with the water
 2017  management districts, regional water supply authorities, and
 2018  others, the department shall develop the Florida water plan. The
 2019  Florida water plan shall include, but not be limited to:
 2020         (a) The programs and activities of the department related
 2021  to water supply, water quality, flood protection and floodplain
 2022  management, and natural systems.
 2023         (b) The Florida water supply plan.
 2024         (c)(b) The water quality standards of the department.
 2025         (d)(c) The district water management plans.
 2026         (e)(d) Goals, objectives, and guidance for the development
 2027  and review of programs, rules, and plans relating to water
 2028  resources, based on statutory policies and directives. The state
 2029  water policy rule, renamed the water resource implementation
 2030  rule pursuant to s. 373.019(18)(23), shall serve as this part of
 2031  the plan. Amendments or additions to this part of the Florida
 2032  water plan shall be adopted by the department as part of the
 2033  water resource implementation rule. In accordance with s.
 2034  373.114, the department shall review rules of the water
 2035  management districts for consistency with this rule. Amendments
 2036  to the water resource implementation rule must be adopted by the
 2037  secretary of the department and be submitted to the President of
 2038  the Senate and the Speaker of the House of Representatives
 2039  within 7 days after publication in the Florida Administrative
 2040  Weekly. Amendments shall not become effective until the
 2041  conclusion of the next regular session of the Legislature
 2042  following their adoption.
 2043         (2) DISTRICT WATER MANAGEMENT PLANS.—
 2044         (a) Each governing board shall develop a district water
 2045  management plan for water resources within its region, which
 2046  plan addresses water supply, water quality, flood protection and
 2047  floodplain management, and natural systems. The district water
 2048  management plan shall be based on at least a 20-year planning
 2049  period, shall be developed and revised in cooperation with other
 2050  agencies, regional water supply authorities, units of
 2051  government, and interested parties, and shall be updated at
 2052  least once every 5 years. The governing board shall hold a
 2053  public hearing at least 30 days in advance of completing the
 2054  development or revision of the district water management plan.
 2055         (b) The district water management plan shall include, but
 2056  not be limited to:
 2057         1. The district water supply plan.
 2058         2.1. The scientific methodologies for establishing minimum
 2059  flows and levels under s. 373.042, and all established minimum
 2060  flows and levels.
 2061         2. Identification of one or more water supply planning
 2062  regions that singly or together encompass the entire district.
 2063         3. Technical data and information prepared under s.
 2064  373.0391.
 2065         4. A districtwide water supply assessment, to be completed
 2066  no later than July 1, 1998, which determines for each water
 2067  supply planning region:
 2068         a. Existing legal uses, reasonably anticipated future
 2069  needs, and existing and reasonably anticipated sources of water
 2070  and conservation efforts; and
 2071         b. Whether existing and reasonably anticipated sources of
 2072  water and conservation efforts are adequate to supply water for
 2073  all existing legal uses and reasonably anticipated future needs
 2074  and to sustain the water resources and related natural systems.
 2075         5. Any completed regional water supply plans.
 2076         (c) If necessary for implementation, the governing board
 2077  shall adopt by rule or order relevant portions of the district
 2078  water management plan, to the extent of its statutory authority.
 2079         (d) In the formulation of the district water management
 2080  plan, the governing board shall give due consideration to:
 2081         1. The attainment of maximum reasonable-beneficial use of
 2082  water resources.
 2083         2. The maximum economic development of the water resources
 2084  consistent with other uses.
 2085         1.3. The management of water resources for such purposes as
 2086  environmental protection, drainage, flood control, and water
 2087  storage.
 2088         4. The quantity of water available for application to a
 2089  reasonable-beneficial use.
 2090         5. The prevention of wasteful, uneconomical, impractical,
 2091  or unreasonable uses of water resources.
 2092         6. Presently exercised domestic use and permit rights.
 2093         2.7. The preservation and enhancement of the water quality
 2094  of the state.
 2095         3.8. The state water resources policy as expressed by this
 2096  chapter.
 2097         (e) At its option, a governing board may substitute an
 2098  annual strategic plan for the requirement to develop a district
 2099  water management plan and the district water management plan
 2100  annual report required by subparagraph (5)(7)(b)1., provided
 2101  that nothing herein affects any other provision or requirement
 2102  of law concerning the completion of the regional water supply
 2103  plan and the strategic plan meets the following minimum
 2104  requirements:
 2105         1. The strategic plan establishes the water management
 2106  district’s strategic priorities for at least a future 5-year
 2107  period.
 2108         2. The strategic plan identifies the goals, strategies,
 2109  success indicators, funding sources, deliverables, and
 2110  milestones to accomplish the strategic priorities.
 2111         3. The strategic plan development process includes at least
 2112  one publicly noticed meeting to allow public participation in
 2113  its development.
 2114         4. The strategic plan includes separately, as an addendum,
 2115  an annual work plan report on the implementation of the
 2116  strategic plan for the previous fiscal year, addressing success
 2117  indicators, deliverables, and milestones.
 2118         (3) OBJECTIVES.—The department and governing board shall
 2119  give careful consideration to the requirements of public
 2120  recreation and to the protection and procreation of fish and
 2121  wildlife. The department or governing board may prohibit or
 2122  restrict other future uses on certain designated bodies of water
 2123  which may be inconsistent with these objectives.
 2124         (4) The governing board may designate certain uses in
 2125  connection with a particular source of supply which, because of
 2126  the nature of the activity or the amount of water required,
 2127  would constitute an undesirable use for which the governing
 2128  board may deny a permit.
 2129         (5) The governing board may designate certain uses in
 2130  connection with a particular source of supply which, because of
 2131  the nature of the activity or the amount of water required,
 2132  would result in an enhancement or improvement of the water
 2133  resources of the area. Such uses shall be preferred over other
 2134  uses in the event of competing applications under the permitting
 2135  systems authorized by this chapter.
 2136         (4)(6)ADDITIONS TO FLORIDA WATER PLAN.—The department, in
 2137  cooperation with the Executive Office of the Governor, or its
 2138  successor agency, may add to the Florida water plan any other
 2139  information, directions, or objectives it deems necessary or
 2140  desirable for the guidance of the governing boards or other
 2141  agencies in the administration and enforcement of this chapter.
 2142         (5)(7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL
 2143  REPORT.—
 2144         (a) By March 1, 2006, and annually thereafter, each water
 2145  management district shall prepare and submit to the department,
 2146  the Governor, the President of the Senate, and the Speaker of
 2147  the House of Representatives a consolidated water management
 2148  district annual report on the management of water resources. In
 2149  addition, copies must be provided by the water management
 2150  districts to the chairs of all legislative committees having
 2151  substantive or fiscal jurisdiction over the districts and the
 2152  governing board of each county in the district having
 2153  jurisdiction or deriving any funds for operations of the
 2154  district. Copies of the consolidated annual report must be made
 2155  available to the public, either in printed or electronic format.
 2156         (b) The consolidated annual report shall contain the
 2157  following elements, as appropriate to that water management
 2158  district:
 2159         1. A district water management plan annual report or the
 2160  annual work plan report allowed in subparagraph (2)(e)4.
 2161         2. The department-approved minimum flows and levels annual
 2162  priority list and schedule required by s. 373.042(2).
 2163         3. The annual 5-year capital improvements plan required by
 2164  s. 373.536(6)(a)3.
 2165         4. The alternative water supplies annual report required by
 2166  s. 373.711(8)(n) 373.1961(3)(n).
 2167         5. The final annual 5-year water resource development work
 2168  program required by s. 373.536(6)(a)4.
 2169         6. The Florida Forever Water Management District Work Plan
 2170  annual report required by s. 373.199(7).
 2171         7. The mitigation donation annual report required by s.
 2172  373.414(1)(b)2.
 2173         (c) Each of the elements listed in paragraph (b) is to be
 2174  addressed in a separate chapter or section within the
 2175  consolidated annual report, although information common to more
 2176  than one of these elements may be consolidated as deemed
 2177  appropriate by the individual water management district.
 2178         (d) Each water management district may include in the
 2179  consolidated annual report such additional information on the
 2180  status or management of water resources within the district as
 2181  it deems appropriate.
 2182         (e) In addition to the elements specified in paragraph (b),
 2183  the South Florida Water Management District shall include in the
 2184  consolidated annual report the following elements:
 2185         1. The Lake Okeechobee Protection Program annual progress
 2186  report required by s. 373.4595(6)(3)(g).
 2187         2. The Everglades annual progress reports specified in s.
 2188  373.4592(4)(d)5., (13), and (14).
 2189         3. The Everglades restoration annual report required by s.
 2190  373.470(7).
 2191         4. The Everglades Forever Act annual implementation report
 2192  required by s. 11.80(4).
 2193         5. The Everglades Trust Fund annual expenditure report
 2194  required by s. 373.45926(3).
 2195         Section 16. Subsection (2) of section 373.042, Florida
 2196  Statutes, is amended to read:
 2197         373.042 Minimum flows and levels.—
 2198         (2) By November 15, 1997, and annually thereafter, each
 2199  water management district shall submit to the department for
 2200  review and approval a priority list and schedule for the
 2201  establishment of minimum flows and levels for surface
 2202  watercourses, aquifers, and surface waters within the district.
 2203  The priority list shall also identify those water bodies for
 2204  which the district will voluntarily undertake independent
 2205  scientific peer review. By March 1, 2006, and annually
 2206  thereafter, each water management district shall include its
 2207  approved priority list and schedule in the consolidated annual
 2208  report required by s. 373.036(5)(7). The priority list shall be
 2209  based upon the importance of the waters to the state or region
 2210  and the existence of or potential for significant harm to the
 2211  water resources or ecology of the state or region, and shall
 2212  include those waters which are experiencing or may reasonably be
 2213  expected to experience adverse impacts. Each water management
 2214  district’s priority list and schedule shall include all first
 2215  magnitude springs, and all second magnitude springs within state
 2216  or federally owned lands purchased for conservation purposes.
 2217  The specific schedule for establishment of spring minimum flows
 2218  and levels shall be commensurate with the existing or potential
 2219  threat to spring flow from consumptive uses. Springs within the
 2220  Suwannee River Water Management District, or second magnitude
 2221  springs in other areas of the state, need not be included on the
 2222  priority list if the water management district submits a report
 2223  to the Department of Environmental Protection demonstrating that
 2224  adverse impacts are not now occurring nor are reasonably
 2225  expected to occur from consumptive uses during the next 20
 2226  years. The priority list and schedule shall not be subject to
 2227  any proceeding pursuant to chapter 120. Except as provided in
 2228  subsection (3), the development of a priority list and
 2229  compliance with the schedule for the establishment of minimum
 2230  flows and levels pursuant to this subsection shall satisfy the
 2231  requirements of subsection (1).
 2232         Section 17. Subsection (2) of section 373.0421, Florida
 2233  Statutes, is amended to read:
 2234         373.0421 Establishment and implementation of minimum flows
 2235  and levels.—
 2236         (2) If the existing flow or level in a water body is below,
 2237  or is projected to fall within 20 years below, the applicable
 2238  minimum flow or level established pursuant to s. 373.042, the
 2239  department or governing board, as part of the regional water
 2240  supply plan described in s. 373.713 373.0361, shall
 2241  expeditiously implement a recovery or prevention strategy, which
 2242  includes the development of additional water supplies and other
 2243  actions, consistent with the authority granted by this chapter,
 2244  to:
 2245         (a) Achieve recovery to the established minimum flow or
 2246  level as soon as practicable; or
 2247         (b) Prevent the existing flow or level from falling below
 2248  the established minimum flow or level.
 2249  
 2250  The recovery or prevention strategy shall include phasing or a
 2251  timetable which will allow for the provision of sufficient water
 2252  supplies for all existing and projected reasonable-beneficial
 2253  uses, including development of additional water supplies and
 2254  implementation of conservation and other efficiency measures
 2255  concurrent with, to the extent practical, and to offset,
 2256  reductions in permitted withdrawals, consistent with the
 2257  provisions of this chapter.
 2258         Section 18. Subsection (4) of section 373.0695, Florida
 2259  Statutes, is amended to read:
 2260         373.0695 Duties of basin boards; authorized expenditures.—
 2261         (4) In the exercise of the duties and powers granted
 2262  herein, the basin boards shall be subject to all the limitations
 2263  and restrictions imposed on the water management districts in s.
 2264  373.705 373.1961.
 2265         Section 19. Subsection (7) of section 373.199, Florida
 2266  Statutes, is amended to read:
 2267         373.199 Florida Forever Water Management District Work
 2268  Plan.—
 2269         (7) By June 1, 2001, each district shall file with the
 2270  President of the Senate, the Speaker of the House of
 2271  Representatives, and the Secretary of Environmental Protection
 2272  the initial 5-year work plan as required under subsection (2).
 2273  By March 1 of each year thereafter, as part of the consolidated
 2274  annual report required by s. 373.036(5)(7), each district shall
 2275  report on acquisitions completed during the year together with
 2276  modifications or additions to its 5-year work plan. Included in
 2277  the report shall be:
 2278         (a) A description of land management activity for each
 2279  property or project area owned by the water management district.
 2280         (b) A list of any lands surplused and the amount of
 2281  compensation received.
 2282         (c) The progress of funding, staffing, and resource
 2283  management of every project funded pursuant to s. 259.101, s.
 2284  259.105, or s. 373.59 for which the district is responsible.
 2285  
 2286  The secretary shall submit the report referenced in this
 2287  subsection to the Board of Trustees of the Internal Improvement
 2288  Trust Fund together with the Acquisition and Restoration
 2289  Council’s project list as required under s. 259.105.
 2290         Section 20. Subsections (3) and (5) of section 373.223,
 2291  Florida Statutes, are amended to read:
 2292         373.223 Conditions for a permit.—
 2293         (3) Except for the transport and use of water supplied by
 2294  the Central and Southern Florida Flood Control Project, and
 2295  anywhere in the state when the transport and use of water is
 2296  supplied exclusively for bottled water as defined in s.
 2297  500.03(1)(d), any water use permit applications pending as of
 2298  April 1, 1998, with the Northwest Florida Water Management
 2299  District and self-suppliers of water for which the proposed
 2300  water source and area of use or application are located on
 2301  contiguous private properties, when evaluating whether a
 2302  potential transport and use of ground or surface water across
 2303  county boundaries is consistent with the public interest,
 2304  pursuant to paragraph (1)(c), the governing board or department
 2305  shall consider:
 2306         (a) The proximity of the proposed water source to the area
 2307  of use or application.
 2308         (b) All impoundments, streams, groundwater sources, or
 2309  watercourses that are geographically closer to the area of use
 2310  or application than the proposed source, and that are
 2311  technically and economically feasible for the proposed transport
 2312  and use.
 2313         (c) All economically and technically feasible alternatives
 2314  to the proposed source, including, but not limited to,
 2315  desalination, conservation, reuse of nonpotable reclaimed water
 2316  and stormwater, and aquifer storage and recovery.
 2317         (d) The potential environmental impacts that may result
 2318  from the transport and use of water from the proposed source,
 2319  and the potential environmental impacts that may result from use
 2320  of the other water sources identified in paragraphs (b) and (c).
 2321         (e) Whether existing and reasonably anticipated sources of
 2322  water and conservation efforts are adequate to supply water for
 2323  existing legal uses and reasonably anticipated future needs of
 2324  the water supply planning region in which the proposed water
 2325  source is located.
 2326         (f) Consultations with local governments affected by the
 2327  proposed transport and use.
 2328         (g) The value of the existing capital investment in water
 2329  related infrastructure made by the applicant.
 2330  
 2331  Where districtwide water supply assessments and regional water
 2332  supply plans have been prepared pursuant to ss. 373.707 and
 2333  373.713 373.036 and 373.0361, the governing board or the
 2334  department shall use the applicable plans and assessments as the
 2335  basis for its consideration of the applicable factors in this
 2336  subsection.
 2337         (5) In evaluating an application for consumptive use of
 2338  water which proposes the use of an alternative water supply
 2339  project as described in the regional water supply plan and
 2340  provides reasonable assurances of the applicant’s capability to
 2341  design, construct, operate, and maintain the project, the
 2342  governing board or department shall presume that the alternative
 2343  water supply use is consistent with the public interest under
 2344  paragraph (1)(c). However, where the governing board identifies
 2345  the need for a multijurisdictional water supply entity or
 2346  regional water supply authority to develop the alternative water
 2347  supply project pursuant to s. 373.713(2)(a)2. 373.0361(2)(a)2.,
 2348  the presumption shall be accorded only to that use proposed by
 2349  such entity or authority. This subsection does not effect
 2350  evaluation of the use pursuant to the provisions of paragraphs
 2351  (1)(a) and (b), subsections (2) and (3), and ss. 373.2295 and
 2352  373.233.
 2353         Section 21. Section 373.2234, Florida Statutes, is amended
 2354  to read:
 2355         373.2234 Preferred water supply sources.—The governing
 2356  board of a water management district is authorized to adopt
 2357  rules that identify preferred water supply sources for
 2358  consumptive uses for which there is sufficient data to establish
 2359  that a preferred source will provide a substantial new water
 2360  supply to meet the existing and projected reasonable-beneficial
 2361  uses of a water supply planning region identified pursuant to s.
 2362  373.713(1) 373.0361(1), while sustaining existing water
 2363  resources and natural systems. At a minimum, such rules must
 2364  contain a description of the preferred water supply source and
 2365  an assessment of the water the preferred source is projected to
 2366  produce. If an applicant proposes to use a preferred water
 2367  supply source, that applicant’s proposed water use is subject to
 2368  s. 373.223(1), except that the proposed use of a preferred water
 2369  supply source must be considered by a water management district
 2370  when determining whether a permit applicant’s proposed use of
 2371  water is consistent with the public interest pursuant to s.
 2372  373.223(1)(c). A consumptive use permit issued for the use of a
 2373  preferred water supply source must be granted, when requested by
 2374  the applicant, for at least a 20-year period and may be subject
 2375  to the compliance reporting provisions of s. 373.236(4). Nothing
 2376  in this section shall be construed to exempt the use of
 2377  preferred water supply sources from the provisions of ss.
 2378  373.701(3) 373.016(4) and 373.223(2) and (3), or be construed to
 2379  provide that permits issued for the use of a nonpreferred water
 2380  supply source must be issued for a duration of less than 20
 2381  years or that the use of a nonpreferred water supply source is
 2382  not consistent with the public interest. Additionally, nothing
 2383  in this section shall be interpreted to require the use of a
 2384  preferred water supply source or to restrict or prohibit the use
 2385  of a nonpreferred water supply source. Rules adopted by the
 2386  governing board of a water management district to implement this
 2387  section shall specify that the use of a preferred water supply
 2388  source is not required and that the use of a nonpreferred water
 2389  supply source is not restricted or prohibited.
 2390         Section 22. Subsection (3) of section 373.229, Florida
 2391  Statutes, is amended to read:
 2392         373.229 Application for permit.—
 2393         (3) In addition to the information required in subsection
 2394  (1), all permit applications filed with the governing board or
 2395  the department which propose the transport and use of water
 2396  across county boundaries shall include information pertaining to
 2397  factors to be considered, pursuant to s. 373.223(3), unless
 2398  exempt under s. 373.717 373.1962(9).
 2399         Section 23. Paragraph (b) of subsection (1) of section
 2400  373.414, Florida Statutes, is amended to read:
 2401         373.414 Additional criteria for activities in surface
 2402  waters and wetlands.—
 2403         (1) As part of an applicant’s demonstration that an
 2404  activity regulated under this part will not be harmful to the
 2405  water resources or will not be inconsistent with the overall
 2406  objectives of the district, the governing board or the
 2407  department shall require the applicant to provide reasonable
 2408  assurance that state water quality standards applicable to
 2409  waters as defined in s. 403.031(13) will not be violated and
 2410  reasonable assurance that such activity in, on, or over surface
 2411  waters or wetlands, as delineated in s. 373.421(1), is not
 2412  contrary to the public interest. However, if such an activity
 2413  significantly degrades or is within an Outstanding Florida
 2414  Water, as provided by department rule, the applicant must
 2415  provide reasonable assurance that the proposed activity will be
 2416  clearly in the public interest.
 2417         (b) If the applicant is unable to otherwise meet the
 2418  criteria set forth in this subsection, the governing board or
 2419  the department, in deciding to grant or deny a permit, shall
 2420  consider measures proposed by or acceptable to the applicant to
 2421  mitigate adverse effects that may be caused by the regulated
 2422  activity. Such measures may include, but are not limited to,
 2423  onsite mitigation, offsite mitigation, offsite regional
 2424  mitigation, and the purchase of mitigation credits from
 2425  mitigation banks permitted under s. 373.4136. It shall be the
 2426  responsibility of the applicant to choose the form of
 2427  mitigation. The mitigation must offset the adverse effects
 2428  caused by the regulated activity.
 2429         1. The department or water management districts may accept
 2430  the donation of money as mitigation only where the donation is
 2431  specified for use in a duly noticed environmental creation,
 2432  preservation, enhancement, or restoration project, endorsed by
 2433  the department or the governing board of the water management
 2434  district, which offsets the impacts of the activity permitted
 2435  under this part. However, the provisions of this subsection
 2436  shall not apply to projects undertaken pursuant to s. 373.4137
 2437  or chapter 378. Where a permit is required under this part to
 2438  implement any project endorsed by the department or a water
 2439  management district, all necessary permits must have been issued
 2440  prior to the acceptance of any cash donation. After the
 2441  effective date of this act, when money is donated to either the
 2442  department or a water management district to offset impacts
 2443  authorized by a permit under this part, the department or the
 2444  water management district shall accept only a donation that
 2445  represents the full cost to the department or water management
 2446  district of undertaking the project that is intended to mitigate
 2447  the adverse impacts. The full cost shall include all direct and
 2448  indirect costs, as applicable, such as those for land
 2449  acquisition, land restoration or enhancement, perpetual land
 2450  management, and general overhead consisting of costs such as
 2451  staff time, building, and vehicles. The department or the water
 2452  management district may use a multiplier or percentage to add to
 2453  other direct or indirect costs to estimate general overhead.
 2454  Mitigation credit for such a donation shall be given only to the
 2455  extent that the donation covers the full cost to the agency of
 2456  undertaking the project that is intended to mitigate the adverse
 2457  impacts. However, nothing herein shall be construed to prevent
 2458  the department or a water management district from accepting a
 2459  donation representing a portion of a larger project, provided
 2460  that the donation covers the full cost of that portion and
 2461  mitigation credit is given only for that portion. The department
 2462  or water management district may deviate from the full cost
 2463  requirements of this subparagraph to resolve a proceeding
 2464  brought pursuant to chapter 70 or a claim for inverse
 2465  condemnation. Nothing in this section shall be construed to
 2466  require the owner of a private mitigation bank, permitted under
 2467  s. 373.4136, to include the full cost of a mitigation credit in
 2468  the price of the credit to a purchaser of said credit.
 2469         2. The department and each water management district shall
 2470  report by March 1 of each year, as part of the consolidated
 2471  annual report required by s. 373.036(5)(7), all cash donations
 2472  accepted under subparagraph 1. during the preceding water
 2473  management district fiscal year for wetland mitigation purposes.
 2474  The report shall exclude those contributions pursuant to s.
 2475  373.4137. The report shall include a description of the endorsed
 2476  mitigation projects and, except for projects governed by s.
 2477  373.4135(6), shall address, as applicable, success criteria,
 2478  project implementation status and timeframe, monitoring, long
 2479  term management, provisions for preservation, and full cost
 2480  accounting.
 2481         3. If the applicant is unable to meet water quality
 2482  standards because existing ambient water quality does not meet
 2483  standards, the governing board or the department shall consider
 2484  mitigation measures proposed by or acceptable to the applicant
 2485  that cause net improvement of the water quality in the receiving
 2486  body of water for those parameters which do not meet standards.
 2487         4. If mitigation requirements imposed by a local government
 2488  for surface water and wetland impacts of an activity regulated
 2489  under this part cannot be reconciled with mitigation
 2490  requirements approved under a permit for the same activity
 2491  issued under this part, including application of the uniform
 2492  wetland mitigation assessment method adopted pursuant to
 2493  subsection (18), the mitigation requirements for surface water
 2494  and wetland impacts shall be controlled by the permit issued
 2495  under this part.
 2496         Section 24. Subsection (1) of section 373.421, Florida
 2497  Statutes, is amended to read:
 2498         373.421 Delineation methods; formal determinations.—
 2499         (1) The Environmental Regulation Commission shall adopt a
 2500  unified statewide methodology for the delineation of the extent
 2501  of wetlands as defined in s. 373.019(19)(25). This methodology
 2502  shall consider regional differences in the types of soils and
 2503  vegetation that may serve as indicators of the extent of
 2504  wetlands. This methodology shall also include provisions for
 2505  determining the extent of surface waters other than wetlands for
 2506  the purposes of regulation under s. 373.414. This methodology
 2507  shall not become effective until ratified by the Legislature.
 2508  Subsequent to legislative ratification, the wetland definition
 2509  in s. 373.019(19)(25) and the adopted wetland methodology shall
 2510  be binding on the department, the water management districts,
 2511  local governments, and any other governmental entities. Upon
 2512  ratification of such wetland methodology, the Legislature
 2513  preempts the authority of any water management district, state
 2514  or regional agency, or local government to define wetlands or
 2515  develop a delineation methodology to implement the definition
 2516  and determines that the exclusive definition and delineation
 2517  methodology for wetlands shall be that established pursuant to
 2518  s. 373.019(19)(25) and this section. Upon such legislative
 2519  ratification, any existing wetlands definition or wetland
 2520  delineation methodology shall be superseded by the wetland
 2521  definition and delineation methodology established pursuant to
 2522  this chapter. Subsequent to legislative ratification, a
 2523  delineation of the extent of a surface water or wetland by the
 2524  department or a water management district, pursuant to a formal
 2525  determination under subsection (2), or pursuant to a permit
 2526  issued under this part in which the delineation was field
 2527  verified by the permitting agency and specifically approved in
 2528  the permit, shall be binding on all other governmental entities
 2529  for the duration of the formal determination or permit. All
 2530  existing rules and methodologies of the department, the water
 2531  management districts, and local governments, regarding surface
 2532  water or wetland definition and delineation shall remain in full
 2533  force and effect until the common methodology rule becomes
 2534  effective. However, this shall not be construed to limit any
 2535  power of the department, the water management districts, and
 2536  local governments to amend or adopt a surface water or wetland
 2537  definition or delineation methodology until the common
 2538  methodology rule becomes effective.
 2539         Section 25. Paragraph (d) of subsection (4) and subsections
 2540  (13) and (14) of section 373.4592, Florida Statutes, are amended
 2541  to read:
 2542         373.4592 Everglades improvement and management.—
 2543         (4) EVERGLADES PROGRAM.—
 2544         (d) Everglades research and monitoring program.—
 2545         1. The department and the district shall review and
 2546  evaluate available water quality data for the Everglades
 2547  Protection Area and tributary waters and identify any additional
 2548  information necessary to adequately describe water quality in
 2549  the Everglades Protection Area and tributary waters. The
 2550  department and the district shall also initiate a research and
 2551  monitoring program to generate such additional information
 2552  identified and to evaluate the effectiveness of the BMPs and
 2553  STAs, as they are implemented, in improving water quality and
 2554  maintaining designated and existing beneficial uses of the
 2555  Everglades Protection Area and tributary waters. As part of the
 2556  program, the district shall monitor all discharges into the
 2557  Everglades Protection Area for purposes of determining
 2558  compliance with state water quality standards.
 2559         2. The research and monitoring program shall evaluate the
 2560  ecological and hydrological needs of the Everglades Protection
 2561  Area, including the minimum flows and levels. Consistent with
 2562  such needs, the program shall also evaluate water quality
 2563  standards for the Everglades Protection Area and for the canals
 2564  of the EAA, so that these canals can be classified in the manner
 2565  set forth in paragraph (e) and protected as an integral part of
 2566  the water management system which includes the STAs of the
 2567  Everglades Construction Project and allows landowners in the EAA
 2568  to achieve applicable water quality standards compliance by BMPs
 2569  and STA treatment to the extent this treatment is available and
 2570  effective.
 2571         3. The research and monitoring program shall include
 2572  research seeking to optimize the design and operation of the
 2573  STAs, including research to reduce outflow concentrations, and
 2574  to identify other treatment and management methods and
 2575  regulatory programs that are superior to STAs in achieving the
 2576  intent and purposes of this section.
 2577         4. The research and monitoring program shall be conducted
 2578  to allow the department to propose a phosphorus criterion in the
 2579  Everglades Protection Area, and to evaluate existing state water
 2580  quality standards applicable to the Everglades Protection Area
 2581  and existing state water quality standards and classifications
 2582  applicable to the EAA canals. In developing the phosphorus
 2583  criterion, the department shall also consider the minimum flows
 2584  and levels for the Everglades Protection Area and the district’s
 2585  water supply plans for the Lower East Coast.
 2586         5. Beginning March 1, 2006, as part of the consolidated
 2587  annual report required by s. 373.036(5)(7), the district and the
 2588  department shall annually issue a peer-reviewed report regarding
 2589  the research and monitoring program that summarizes all data and
 2590  findings. The report shall identify water quality parameters, in
 2591  addition to phosphorus, which exceed state water quality
 2592  standards or are causing or contributing to adverse impacts in
 2593  the Everglades Protection Area.
 2594         6. The district shall continue research seeking to optimize
 2595  the design and operation of STAs and to identify other treatment
 2596  and management methods that are superior to STAs in achieving
 2597  optimum water quality and water quantity for the benefit of the
 2598  Everglades. The district shall optimize the design and operation
 2599  of the STAs described in the Everglades Construction Project
 2600  prior to expanding their size. Additional methods to achieve
 2601  compliance with water quality standards shall not be limited to
 2602  more intensive management of the STAs.
 2603         (13) ANNUAL REPORTS.—Beginning March 1, 2006, as part of
 2604  the consolidated annual report required by s. 373.036(5)(7), the
 2605  district shall report on implementation of the section. The
 2606  annual report will include a summary of the water conditions in
 2607  the Everglades Protection Area, the status of the impacted
 2608  areas, the status of the construction of the STAs, the
 2609  implementation of the BMPs, and actions taken to monitor and
 2610  control exotic species. The district must prepare the report in
 2611  coordination with federal and state agencies.
 2612         (14) EVERGLADES FUND.—The South Florida Water Management
 2613  District is directed to separately account for all moneys used
 2614  for the purpose of funding the Everglades Construction Project
 2615  as part of the consolidated annual report required by s.
 2616  373.036(5)(7).
 2617         Section 26. Subsection (3) of section 373.45926, Florida
 2618  Statutes, is amended to read:
 2619         373.45926 Everglades Trust Fund; allocation of revenues and
 2620  expenditure of funds for conservation and protection of natural
 2621  resources and abatement of water pollution.—
 2622         (3) The South Florida Water Management District shall
 2623  furnish, as part of the consolidated annual report required by
 2624  s. 373.036(5)(7), a detailed copy of its expenditures from the
 2625  Everglades Trust Fund to the Governor, the President of the
 2626  Senate, and the Speaker of the House of Representatives, and
 2627  shall make copies available to the public. The information shall
 2628  be provided in a format approved by the Joint Legislative
 2629  Committee on Everglades Oversight. At the direction of the Joint
 2630  Legislative Committee on Everglades Oversight, an audit may be
 2631  made from time to time by the Auditor General, and such audit
 2632  shall be within the authority of said Auditor General to make.
 2633         Section 27. Subsection (6) of section 373.4595, Florida
 2634  Statutes, is amended to read:
 2635         373.4595 Northern Everglades and Estuaries Protection
 2636  Program.—
 2637         (6) ANNUAL PROGRESS REPORT.—Each March 1 the district shall
 2638  report on implementation of this section as part of the
 2639  consolidated annual report required in s. 373.036(5)(7). The
 2640  annual report shall include a summary of the conditions of the
 2641  hydrology, water quality, and aquatic habitat in the northern
 2642  Everglades based on the results of the Research and Water
 2643  Quality Monitoring Programs, the status of the Lake Okeechobee
 2644  Watershed Construction Project, the status of the Caloosahatchee
 2645  River Watershed Construction Project, and the status of the St.
 2646  Lucie River Watershed Construction Project. In addition, the
 2647  report shall contain an annual accounting of the expenditure of
 2648  funds from the Save Our Everglades Trust Fund. At a minimum, the
 2649  annual report shall provide detail by program and plan,
 2650  including specific information concerning the amount and use of
 2651  funds from federal, state, or local government sources. In
 2652  detailing the use of these funds, the district shall indicate
 2653  those designated to meet requirements for matching funds. The
 2654  district shall prepare the report in cooperation with the other
 2655  coordinating agencies and affected local governments.
 2656         Section 28. Subsection (7) of section 373.470, Florida
 2657  Statutes, is amended to read:
 2658         373.470 Everglades restoration.—
 2659         (7) ANNUAL REPORT.—To provide enhanced oversight of and
 2660  accountability for the financial commitments established under
 2661  this section and the progress made in the implementation of the
 2662  comprehensive plan, the following information must be prepared
 2663  annually as part of the consolidated annual report required by
 2664  s. 373.036(5)(7):
 2665         (a) The district, in cooperation with the department, shall
 2666  provide the following information as it relates to
 2667  implementation of the comprehensive plan:
 2668         1. An identification of funds, by source and amount,
 2669  received by the state and by each local sponsor during the
 2670  fiscal year.
 2671         2. An itemization of expenditures, by source and amount,
 2672  made by the state and by each local sponsor during the fiscal
 2673  year.
 2674         3. A description of the purpose for which the funds were
 2675  expended.
 2676         4. The unencumbered balance of funds remaining in trust
 2677  funds or other accounts designated for implementation of the
 2678  comprehensive plan.
 2679         5. A schedule of anticipated expenditures for the next
 2680  fiscal year.
 2681         (b) The department shall prepare a detailed report on all
 2682  funds expended by the state and credited toward the state’s
 2683  share of funding for implementation of the comprehensive plan.
 2684  The report shall include:
 2685         1. A description of all expenditures, by source and amount,
 2686  from the Conservation and Recreation Lands Trust Fund, the Land
 2687  Acquisition Trust Fund, the Preservation 2000 Trust Fund, the
 2688  Florida Forever Trust Fund, the Save Our Everglades Trust Fund,
 2689  and other named funds or accounts for the acquisition or
 2690  construction of project components or other features or
 2691  facilities that benefit the comprehensive plan.
 2692         2. A description of the purposes for which the funds were
 2693  expended.
 2694         3. The unencumbered fiscal-year-end balance that remains in
 2695  each trust fund or account identified in subparagraph 1.
 2696         (c) The district, in cooperation with the department, shall
 2697  provide a detailed report on progress made in the implementation
 2698  of the comprehensive plan, including the status of all project
 2699  components initiated after the effective date of this act or the
 2700  date of the last report prepared under this subsection,
 2701  whichever is later.
 2702  
 2703  The information required in paragraphs (a), (b), and (c) shall
 2704  be provided as part of the consolidated annual report required
 2705  by s. 373.036(5)(7). The initial report is due by November 30,
 2706  2000, and each annual report thereafter is due by March 1.
 2707         Section 29. Paragraph (a) of subsection (6) of section
 2708  373.536, Florida Statutes, is amended to read:
 2709         373.536 District budget and hearing thereon.—
 2710         (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
 2711  WATER RESOURCE DEVELOPMENT WORK PROGRAM.—
 2712         (a) Each district must, by the date specified for each
 2713  item, furnish copies of the following documents to the Governor,
 2714  the President of the Senate, the Speaker of the House of
 2715  Representatives, the chairs of all legislative committees and
 2716  subcommittees having substantive or fiscal jurisdiction over the
 2717  districts, as determined by the President of the Senate or the
 2718  Speaker of the House of Representatives as applicable, the
 2719  secretary of the department, and the governing board of each
 2720  county in which the district has jurisdiction or derives any
 2721  funds for the operations of the district:
 2722         1. The adopted budget, to be furnished within 10 days after
 2723  its adoption.
 2724         2. A financial audit of its accounts and records, to be
 2725  furnished within 10 days after its acceptance by the governing
 2726  board. The audit must be conducted in accordance with the
 2727  provisions of s. 11.45 and the rules adopted thereunder. In
 2728  addition to the entities named above, the district must provide
 2729  a copy of the audit to the Auditor General within 10 days after
 2730  its acceptance by the governing board.
 2731         3. A 5-year capital improvements plan, to be included in
 2732  the consolidated annual report required by s. 373.036(5)(7). The
 2733  plan must include expected sources of revenue for planned
 2734  improvements and must be prepared in a manner comparable to the
 2735  fixed capital outlay format set forth in s. 216.043.
 2736         4. A 5-year water resource development work program to be
 2737  furnished within 30 days after the adoption of the final budget.
 2738  The program must describe the district’s implementation strategy
 2739  for the water resource development component of each approved
 2740  regional water supply plan developed or revised under s. 373.713
 2741  373.0361. The work program must address all the elements of the
 2742  water resource development component in the district’s approved
 2743  regional water supply plans and must identify which projects in
 2744  the work program will provide water, explain how each water
 2745  resource development project will produce additional water
 2746  available for consumptive uses, estimate the quantity of water
 2747  to be produced by each project, and provide an assessment of the
 2748  contribution of the district’s regional water supply plans in
 2749  providing sufficient water to meet the water supply needs of
 2750  existing and future reasonable-beneficial uses for a 1-in-10
 2751  year drought event. Within 30 days after its submittal, the
 2752  department shall review the proposed work program and submit its
 2753  findings, questions, and comments to the district. The review
 2754  must include a written evaluation of the program’s consistency
 2755  with the furtherance of the district’s approved regional water
 2756  supply plans, and the adequacy of proposed expenditures. As part
 2757  of the review, the department shall give interested parties the
 2758  opportunity to provide written comments on each district’s
 2759  proposed work program. Within 45 days after receipt of the
 2760  department’s evaluation, the governing board shall state in
 2761  writing to the department which changes recommended in the
 2762  evaluation it will incorporate into its work program submitted
 2763  as part of the March 1 consolidated annual report required by s.
 2764  373.036(5)(7) or specify the reasons for not incorporating the
 2765  changes. The department shall include the district’s responses
 2766  in a final evaluation report and shall submit a copy of the
 2767  report to the Governor, the President of the Senate, and the
 2768  Speaker of the House of Representatives.
 2769         Section 30. Subsection (11) of section 373.59, Florida
 2770  Statutes, is amended to read:
 2771         373.59 Water Management Lands Trust Fund.—
 2772         (11) Notwithstanding any provision of this section to the
 2773  contrary, the governing board of a water management district may
 2774  request, and the Secretary of Environmental Protection shall
 2775  release upon such request, moneys allocated to the districts
 2776  pursuant to subsection (8) for purposes consistent with the
 2777  provisions of s. 373.713 373.0361, s. 373.709 373.0831, s.
 2778  373.139, or ss. 373.451-373.4595 and for legislatively
 2779  authorized land acquisition and water restoration initiatives.
 2780  No funds may be used pursuant to this subsection until necessary
 2781  debt service obligations, requirements for payments in lieu of
 2782  taxes, and land management obligations that may be required by
 2783  this chapter are provided for.
 2784         Section 31. Paragraph (g) of subsection (1) of section
 2785  378.212, Florida Statutes, is amended to read:
 2786         378.212 Variances.—
 2787         (1) Upon application, the secretary may grant a variance
 2788  from the provisions of this part or the rules adopted pursuant
 2789  thereto. Variances and renewals thereof may be granted for any
 2790  one of the following reasons:
 2791         (g) To accommodate reclamation that provides water supply
 2792  development or water resource development not inconsistent with
 2793  the applicable regional water supply plan approved pursuant to
 2794  s. 373.713 373.0361, provided adverse impacts are not caused to
 2795  the water resources in the basin. A variance may also be granted
 2796  from the requirements of part IV of chapter 373, or the rules
 2797  adopted thereunder, when a project provides an improvement in
 2798  water availability in the basin and does not cause adverse
 2799  impacts to water resources in the basin.
 2800         Section 32. Subsection (9) of section 378.404, Florida
 2801  Statutes, is amended to read:
 2802         378.404 Department of Environmental Protection; powers and
 2803  duties.—The department shall have the following powers and
 2804  duties:
 2805         (9) To grant variances from the provisions of this part to
 2806  accommodate reclamation that provides for water supply
 2807  development or water resource development not inconsistent with
 2808  the applicable regional water supply plan approved pursuant to
 2809  s. 373.713 373.0361, appropriate stormwater management, improved
 2810  wildlife habitat, recreation, or a mixture thereof, provided
 2811  adverse impacts are not caused to the water resources in the
 2812  basin and public health and safety are not adversely affected.
 2813         Section 33. Subsection (14) of section 403.031, Florida
 2814  Statutes, is amended to read:
 2815         403.031 Definitions.—In construing this chapter, or rules
 2816  and regulations adopted pursuant hereto, the following words,
 2817  phrases, or terms, unless the context otherwise indicates, have
 2818  the following meanings:
 2819         (14) “State water resource implementation rule” means the
 2820  rule authorized by s. 373.707 373.036, which sets forth goals,
 2821  objectives, and guidance for the development and review of
 2822  programs, rules, and plans relating to water resources, based on
 2823  statutory policies and directives. The waters of the state are
 2824  among its most basic resources. Such waters should be managed to
 2825  conserve and protect water resources and to realize the full
 2826  beneficial use of these resources.
 2827         Section 34. Paragraph (a) of subsection (3) of section
 2828  403.0891, Florida Statutes, is amended to read:
 2829         403.0891 State, regional, and local stormwater management
 2830  plans and programs.—The department, the water management
 2831  districts, and local governments shall have the responsibility
 2832  for the development of mutually compatible stormwater management
 2833  programs.
 2834         (3)(a) Each local government required by chapter 163 to
 2835  submit a comprehensive plan, whose plan is submitted after July
 2836  1, 1992, and the others when updated after July 1, 1992, in the
 2837  development of its stormwater management program described by
 2838  elements within its comprehensive plan shall consider the water
 2839  resource implementation rule, district stormwater management
 2840  goals, plans approved pursuant to the Surface Water Improvement
 2841  and Management Act, ss. 373.451-373.4595, and technical
 2842  assistance information provided by the water management
 2843  districts pursuant to s. 373.715 373.0391.
 2844         Section 35. Paragraphs (r) and (u) of subsection (1) of
 2845  section 403.813, Florida Statutes, are amended to read:
 2846         403.813 Permits issued at district centers; exceptions.—
 2847         (1) A permit is not required under this chapter, chapter
 2848  373, chapter 61-691, Laws of Florida, or chapter 25214 or
 2849  chapter 25270, 1949, Laws of Florida, for activities associated
 2850  with the following types of projects; however, except as
 2851  otherwise provided in this subsection, nothing in this
 2852  subsection relieves an applicant from any requirement to obtain
 2853  permission to use or occupy lands owned by the Board of Trustees
 2854  of the Internal Improvement Trust Fund or any water management
 2855  district in its governmental or proprietary capacity or from
 2856  complying with applicable local pollution control programs
 2857  authorized under this chapter or other requirements of county
 2858  and municipal governments:
 2859         (r) The removal of aquatic plants, the removal of tussocks,
 2860  the associated replanting of indigenous aquatic plants, and the
 2861  associated removal from lakes of organic detrital material when
 2862  such planting or removal is performed and authorized by permit
 2863  or exemption granted under s. 369.20 or s. 369.25, provided
 2864  that:
 2865         1. Organic detrital material that exists on the surface of
 2866  natural mineral substrate shall be allowed to be removed to a
 2867  depth of 3 feet or to the natural mineral substrate, whichever
 2868  is less;
 2869         2. All material removed pursuant to this paragraph shall be
 2870  deposited in an upland site in a manner that will prevent the
 2871  reintroduction of the material into waters in the state except
 2872  when spoil material is permitted to be used to create wildlife
 2873  islands in freshwater bodies of the state when a governmental
 2874  entity is permitted pursuant to s. 369.20 to create such islands
 2875  as a part of a restoration or enhancement project;
 2876         3. All activities are performed in a manner consistent with
 2877  state water quality standards; and
 2878         4. No activities under this exemption are conducted in
 2879  wetland areas, as defined by s. 373.019(19)(25), which are
 2880  supported by a natural soil as shown in applicable United States
 2881  Department of Agriculture county soil surveys, except when a
 2882  governmental entity is permitted pursuant to s. 369.20 to
 2883  conduct such activities as a part of a restoration or
 2884  enhancement project.
 2885  
 2886  The department may not adopt implementing rules for this
 2887  paragraph, notwithstanding any other provision of law.
 2888         (u) Notwithstanding any provision to the contrary in this
 2889  subsection, a permit or other authorization under chapter 253,
 2890  chapter 369, chapter 373, or this chapter is not required for an
 2891  individual residential property owner for the removal of organic
 2892  detrital material from freshwater rivers or lakes that have a
 2893  natural sand or rocky substrate and that are not Aquatic
 2894  Preserves or for the associated removal and replanting of
 2895  aquatic vegetation for the purpose of environmental enhancement,
 2896  providing that:
 2897         1. No activities under this exemption are conducted in
 2898  wetland areas, as defined by s. 373.019(19)(25), which are
 2899  supported by a natural soil as shown in applicable United States
 2900  Department of Agriculture county soil surveys.
 2901         2. No filling or peat mining is allowed.
 2902         3. No removal of native wetland trees, including, but not
 2903  limited to, ash, bay, cypress, gum, maple, or tupelo, occurs.
 2904         4. When removing organic detrital material, no portion of
 2905  the underlying natural mineral substrate or rocky substrate is
 2906  removed.
 2907         5. Organic detrital material and plant material removed is
 2908  deposited in an upland site in a manner that will not cause
 2909  water quality violations.
 2910         6. All activities are conducted in such a manner, and with
 2911  appropriate turbidity controls, so as to prevent any water
 2912  quality violations outside the immediate work area.
 2913         7. Replanting with a variety of aquatic plants native to
 2914  the state shall occur in a minimum of 25 percent of the
 2915  preexisting vegetated areas where organic detrital material is
 2916  removed, except for areas where the material is removed to bare
 2917  rocky substrate; however, an area may be maintained clear of
 2918  vegetation as an access corridor. The access corridor width may
 2919  not exceed 50 percent of the property owner’s frontage or 50
 2920  feet, whichever is less, and may be a sufficient length
 2921  waterward to create a corridor to allow access for a boat or
 2922  swimmer to reach open water. Replanting must be at a minimum
 2923  density of 2 feet on center and be completed within 90 days
 2924  after removal of existing aquatic vegetation, except that under
 2925  dewatered conditions replanting must be completed within 90 days
 2926  after reflooding. The area to be replanted must extend waterward
 2927  from the ordinary high water line to a point where normal water
 2928  depth would be 3 feet or the preexisting vegetation line,
 2929  whichever is less. Individuals are required to make a reasonable
 2930  effort to maintain planting density for a period of 6 months
 2931  after replanting is complete, and the plants, including
 2932  naturally recruited native aquatic plants, must be allowed to
 2933  expand and fill in the revegetation area. Native aquatic plants
 2934  to be used for revegetation must be salvaged from the
 2935  enhancement project site or obtained from an aquatic plant
 2936  nursery regulated by the Department of Agriculture and Consumer
 2937  Services. Plants that are not native to the state may not be
 2938  used for replanting.
 2939         8. No activity occurs any farther than 100 feet waterward
 2940  of the ordinary high water line, and all activities must be
 2941  designed and conducted in a manner that will not unreasonably
 2942  restrict or infringe upon the riparian rights of adjacent upland
 2943  riparian owners.
 2944         9. The person seeking this exemption notifies the
 2945  applicable department district office in writing at least 30
 2946  days before commencing work and allows the department to conduct
 2947  a preconstruction site inspection. Notice must include an
 2948  organic-detrital-material removal and disposal plan and, if
 2949  applicable, a vegetation-removal and revegetation plan.
 2950         10. The department is provided written certification of
 2951  compliance with the terms and conditions of this paragraph
 2952  within 30 days after completion of any activity occurring under
 2953  this exemption.
 2954         Section 36. Paragraph (a) of subsection (1) and paragraph
 2955  (a) of subsection (2) of section 403.890, Florida Statutes, are
 2956  amended to read:
 2957         403.890 Water Protection and Sustainability Program;
 2958  intent; goals; purposes.—
 2959         (1) Effective July 1, 2006, revenues transferred from the
 2960  Department of Revenue pursuant to s. 201.15(1)(c)2. shall be
 2961  deposited into the Water Protection and Sustainability Program
 2962  Trust Fund in the Department of Environmental Protection. These
 2963  revenues and any other additional revenues deposited into or
 2964  appropriated to the Water Protection and Sustainability Program
 2965  Trust Fund shall be distributed by the Department of
 2966  Environmental Protection in the following manner:
 2967         (a) Sixty percent to the Department of Environmental
 2968  Protection for the implementation of an alternative water supply
 2969  program as provided in s. 373.717 373.1961.
 2970         (2) Applicable beginning in the 2007-2008 fiscal year,
 2971  revenues transferred from the Department of Revenue pursuant to
 2972  s. 201.15(1)(d)2. shall be deposited into the Water Protection
 2973  and Sustainability Program Trust Fund in the Department of
 2974  Environmental Protection. These revenues and any other
 2975  additional revenues deposited into or appropriated to the Water
 2976  Protection and Sustainability Program Trust Fund shall be
 2977  distributed by the Department of Environmental Protection in the
 2978  following manner:
 2979         (a) Sixty-five percent to the Department of Environmental
 2980  Protection for the implementation of an alternative water supply
 2981  program as provided in s. 373.717 373.1961.
 2982         Section 37. Subsection (6) of section 556.102, Florida
 2983  Statutes, is amended to read:
 2984         556.102 Definitions.—As used in this act:
 2985         (6) “Excavate” or “excavation” means any manmade cut,
 2986  cavity, trench, or depression in the earth’s surface, formed by
 2987  removal of earth, intended to change the grade or level of land,
 2988  or intended to penetrate or disturb the surface of the earth,
 2989  including land beneath the waters of the state, as defined in s.
 2990  373.019(16)(20), and the term includes pipe bursting and
 2991  directional drilling or boring from one point to another point
 2992  beneath the surface of the earth, or other trenchless
 2993  technologies.
 2994         Section 38. Section 682.02, Florida Statutes, is amended to
 2995  read:
 2996         682.02 Arbitration agreements made valid, irrevocable, and
 2997  enforceable; scope.—Two or more parties may agree in writing to
 2998  submit to arbitration any controversy existing between them at
 2999  the time of the agreement, or they may include in a written
 3000  contract a provision for the settlement by arbitration of any
 3001  controversy thereafter arising between them relating to such
 3002  contract or the failure or refusal to perform the whole or any
 3003  part thereof. This section also applies to written interlocal
 3004  agreements under ss. 163.01 and 373.717 373.1962 in which two or
 3005  more parties agree to submit to arbitration any controversy
 3006  between them concerning water use permit applications and other
 3007  matters, regardless of whether or not the water management
 3008  district with jurisdiction over the subject application is a
 3009  party to the interlocal agreement or a participant in the
 3010  arbitration. Such agreement or provision shall be valid,
 3011  enforceable, and irrevocable without regard to the justiciable
 3012  character of the controversy; provided that this act shall not
 3013  apply to any such agreement or provision to arbitrate in which
 3014  it is stipulated that this law shall not apply or to any
 3015  arbitration or award thereunder.
 3016         Section 39. Section 373.71, Florida Statutes, is renumbered
 3017  as section 373.69, Florida Statutes.
 3018         Section 40. Sections 373.0361, 373.0391, 373.0831, 373.196,
 3019  373.1961, 373.1962, and 373.1963, Florida Statutes, are
 3020  repealed.
 3021         Section 41. This act shall take effect July 1, 2009.