Senate Bill 0312e2
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A bill to be entitled
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An act relating to water resource management;
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amending s. 373.016, F.S.; providing
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legislative policy relating to state and
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regional water resource management; encouraging
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use of water from sources nearest the area of
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need; providing an exception; amending s.
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373.196, F.S.; clarifying legislative intent
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that water resource development is a function
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of the water management districts; amending s.
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373.1962, F.S.; providing an exemption for
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water supply authorities under certain
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circumstances from certain factors for
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consumptive use permits; amending s. 373.223,
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F.S.; directing the Department of Environmental
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Protection or water management district
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governing board to consider certain factors
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when determining the public interest for the
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transport and use of water across county
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boundaries or outside the watershed; amending
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s. 373.229, F.S.; requiring additional
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information in permit applications for proposed
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transport and use of water pursuant to s.
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373.223(2), F.S.; reenacting s. 373.536(5)(c),
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F.S.; clarifying intent with respect to
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language inadvertently omitted by legislative
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action; amending ss. 373.036, 373.209, 373.226,
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373.421, F.S.; correcting cross-references;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsections (4) and (5) of section 373.016,
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Florida Statutes, are renumbered as subsections (5) and (6),
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respectively, and a new subsection (4) is added to said
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section to read:
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373.016 Declaration of policy.--
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(4)(a) Because water constitutes a public resource
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benefiting the entire state, it is the policy of the
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Legislature that the waters in the state be managed on a state
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and regional basis. Consistent with this directive, the
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Legislature recognizes the need to allocate water throughout
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the state so as to meet all reasonable-beneficial uses.
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However, the Legislature acknowledges that such allocations
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have in the past adversely affected the water resources of
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certain areas in this state. To protect such water resources
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and to meet the current and future needs of those areas with
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abundant water, the Legislature directs the department and the
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water management districts to encourage the use of water from
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sources nearest the area of use or application whenever
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practicable. Such sources shall include all naturally
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occurring water sources and all alternative water sources,
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including, but not limited to, desalination, conservation,
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reuse of nonpotable reclaimed water and stormwater, and
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aquifer storage and recovery. Reuse of potable reclaimed water
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and stormwater shall not be subject to the evaluation
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described in s. 373.223(3)(a)-(g). However, this directive to
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encourage the use of water, whenever practicable, from sources
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nearest the area of use or application shall not apply to the
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transport and direct and indirect use of water within the area
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encompassed by the Central and Southern Florida Flood Control
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Project, nor shall it apply anywhere in the state to the
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transport and use of water supplied exclusively for bottled
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water as defined in s. 500.03(1)(d), nor shall it apply to the
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transport and use of reclaimed water for electrical power
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production by an electric utility as defined in section
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366.02(2).
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(b) In establishing the policy outlined in paragraph
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(a), the Legislature realizes that under certain circumstances
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the need to transport water from distant sources may be
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necessary for environmental, technical, or economic reasons.
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Section 2. Subsection (2) of section 373.196, Florida
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Statutes, is amended to read:
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373.196 Legislative findings.--
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(2) Municipalities and counties are encouraged to
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create regional water supply authorities as authorized herein.
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It is further the intent that municipalities, counties, and
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regional water supply authorities are to have the primary
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responsibility for water supply, and water management
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districts and their basin boards are to engage only in those
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functions that are incidental to the exercise of their flood
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control and water management powers or that are related to
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water resource development pursuant to s. 373.0831.
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Section 3. Subsection (9) is added to section
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373.1962, Florida Statutes, to read:
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373.1962 Regional water supply authorities.--
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(9) Where a water supply authority exists pursuant to
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s. 373.1962 or s. 373.1963 under a voluntary interlocal
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agreement that is consistent with requirements in s.
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373.1963(1)(b) and receives or maintains consumptive use
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permits under this voluntary agreement consistent with the
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water supply plan, if any, adopted by the governing board,
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such authority shall be exempt from consideration by the
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governing board or department of the factors specified in s.
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373.223(3)(a)-(g) and the submissions required by s.
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373.229(3). Such exemptions shall apply only to water sources
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within the jurisdictional areas of such voluntary water supply
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interlocal agreements.
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Section 4. Subsection (1) of section 373.223, Florida
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Statutes, is amended, present subsection (3) of that section
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is redesignated as subsection (4), and a new subsection (3) is
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added to that section to read:
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373.223 Conditions for a permit.--
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(1) To obtain a permit pursuant to the provisions of
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this chapter, the applicant must establish that the proposed
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use of water:
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(a) Is a reasonable-beneficial use as defined in s.
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373.019(4);
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(b) Will not interfere with any presently existing
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legal use of water; and
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(c) Is consistent with the public interest.
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(3) Except for the transport and use of water supplied
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by the Central and Southern Florida Flood Control Project, and
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anywhere in the state when the transport and use of water is
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supplied exclusively for bottled water as defined in s.
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500.03(1)(d), any water use permit applications pending as of
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April 1, 1998, with the Northwest Florida Water Management
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District and self-suppliers of water for which the proposed
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water source and area of use or application are located on
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contiguous private properties, when evaluating whether a
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potential transport and use of ground or surface water across
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county boundaries is consistent with the public interest,
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pursuant to subsection (1)(c), the governing board or
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department shall consider:
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(a) The proximity of the proposed water source to the
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area of use or application.
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(b) All impoundments, streams, groundwater sources, or
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watercourses that are geographically closer to the area of use
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or application than the proposed source, and that are
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technically and economically feasible for the proposed
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transport and use.
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(c) All economically and technically feasible
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alternatives to the proposed source, including, but not
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limited to, desalination, conservation, reuse of nonpotable
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reclaimed water and stormwater, and aquifer storage and
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recovery.
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(d) The potential environmental impacts that may
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result from the transport and use of water from the proposed
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source, and the potential environmental impacts that may
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result from use of the other water sources identified in
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paragraphs (b) and (c).
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(e) Whether existing and reasonably anticipated
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sources of water and conservation efforts are adequate to
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supply water for existing legal uses and reasonably
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anticipated future needs of the water supply planning region
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in which the proposed water source is located.
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(f) Consultations with local governments affected by
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the proposed transport and use.
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(g) The value of the existing capital investment in
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water-related infrastructure made by the applicant.
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Where districtwide water supply assessments and regional water
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supply plans have been prepared pursuant to ss. 373.036 and
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373.0361, the governing board or the department shall use the
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applicable plans and assessments as the basis for its
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consideration of the applicable factors in s. 373.223(3).
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Section 5. Subsection (3) of section 373.229, Florida
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Statutes, is renumbered as subsection (4), and a new
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subsection (3) is added to said section to read:
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373.229 Application for permit.--
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(3) In addition to the information required in
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subsection (1), all permit applications filed with the
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governing board or the department which propose the transport
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and use of water across county boundaries shall include
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information pertaining to factors to be considered, pursuant
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to s. 373.223(3), unless exempt under s. 373.1962(9).
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Section 6. Paragraph (c) of subsection (5) of section
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373.536, Florida Statutes, is reenacted to read:
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373.536 District budget and hearing thereon.--
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(5)
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(c) Each water management district shall, by August 1
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of each year, submit for review a tentative budget to the
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Governor, the President of the Senate, the Speaker of the
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House of Representatives, the chairs of all legislative
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committees and subcommittees with substantive or fiscal
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jurisdiction over water management districts, the secretary of
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the department, and the governing body of each county in which
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the district has jurisdiction or derives any funds for the
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operations of the district. The tentative budget must
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include, but is not limited to, the following information for
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the preceding fiscal year and the current fiscal year, and the
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proposed amounts for the upcoming fiscal year, in a standard
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format prescribed by the Executive Office of the Governor
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which is generally consistent with the format prescribed by
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legislative budget instructions for state agencies and the
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format requirements of s. 216.031:
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1. The millage rates and the percentage increase above
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the rolled-back rate, together with a summary of the reasons
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the increase is required, and the percentage increase in
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taxable value resulting from new construction;
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2. The salary and benefits, expenses, operating
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capital outlay, number of authorized positions, and other
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personal services for the following program areas, including a
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separate section for lobbying, intergovernmental relations,
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and advertising:
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a. District management and administration;
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b. Implementation through outreach activities;
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c. Implementation through regulation;
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d. Implementation through acquisition, restoration,
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and public works;
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e. Implementation through operations and maintenance
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of lands and works;
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f. Water resources planning and monitoring; and
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g. A full description and accounting of expenditures
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for lobbying activities relating to local, regional, state,
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and federal governmental affairs, whether incurred by district
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staff or through contractual services and all expenditures for
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public relations, including all expenditures for public
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service announcements and advertising in any media.
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In addition to the program areas reported by all water
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management districts, the South Florida Water Management
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District shall include in its budget document a separate
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section on all costs associated with the Everglades
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Construction Project.
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3. The total amount in the district budget for each
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area of responsibility listed in paragraph (a) and for water
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resource development projects identified in the district's
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regional water supply plans.
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4. A 5-year capital improvements plan.
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5. A description of each new, expanded, reduced, or
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eliminated program.
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6. A proposed 5-year water resource development work
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program, that describes the district's implementation strategy
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for the water resource development component of each approved
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regional water supply plan developed or revised pursuant to s.
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373.0361. The work program shall address all the elements of
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the water resource development component in the district's
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approved regional water supply plans. The office of the
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Governor, with the assistance of the department, shall review
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the proposed work program. The review shall include a written
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evaluation of its consistency with and furtherance of the
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district's approved regional water supply plans, and adequacy
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of proposed expenditures. As part of the review, the Executive
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Office of the Governor and the department shall afford to all
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interested parties the opportunity to provide written comments
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on each district's proposed work program. At least 7 days
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prior to the adoption of its final budget, the governing board
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shall state in writing to the Executive Office of the Governor
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which changes recommended in the evaluation it will
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incorporate into its work program, or specify the reasons for
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not incorporating the changes. The office of the Governor
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shall include the district's responses in the written
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evaluation and shall submit a copy of the evaluation to the
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Legislature; and
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7. The funding sources, including, but not limited to,
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ad valorem taxes, Surface Water Improvement and Management
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Program funds, other state funds, federal funds, and user fees
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and permit fees for each program area.
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Section 7. Paragraph (d) of subsection (1) of section
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373.036, Florida Statutes, is amended to read:
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373.036 Florida water plan; district water management
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plans.--
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(1) FLORIDA WATER PLAN.--In cooperation with the water
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management districts, regional water supply authorities, and
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others, the department shall develop the Florida water plan.
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The Florida water plan shall include, but not be limited to:
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(d) Goals, objectives, and guidance for the
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development and review of programs, rules, and plans relating
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to water resources, based on statutory policies and
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directives. The state water policy rule, renamed the water
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resource implementation rule pursuant to s. 373.019(21)(20),
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shall serve as this part of the plan. Amendments or additions
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to this part of the Florida water plan shall be adopted by the
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department as part of the water resource implementation rule.
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In accordance with s. 373.114, the department shall review
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rules of the water management districts for consistency with
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this rule. Amendments to the water resource implementation
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rule must be adopted by the secretary of the department and be
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submitted to the President of the Senate and the Speaker of
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the House of Representatives within 7 days after publication
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in the Florida Administrative Weekly. Amendments shall not
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become effective until the conclusion of the next regular
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session of the Legislature following their adoption.
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Section 8. Subsection (2) of section 373.209, Florida
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Statutes, is amended to read:
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373.209 Artesian wells; penalties for violation.--
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(2) A well is exempt from the provisions of this
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section unless the Department of Environmental Protection can
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show that the uncontrolled flow of water from the well does
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not have a reasonable-beneficial reasonable and beneficial
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use, as defined in s. 373.019(4).
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Section 9. Subsection (2) of section 373.226, Florida
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Statutes, is amended to read:
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373.226 Existing uses.--
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(2) The governing board or the department shall issue
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an initial permit for the continuation of all uses in
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existence before the effective date of implementation of this
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part if the existing use is a reasonable-beneficial use as
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defined in s. 373.019(13) and is allowable under the common
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law of this state.
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Section 10. Subsection (1) of section 373.421, Florida
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Statutes, is amended to read:
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373.421 Delineation methods; formal determinations.--
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(1) By January 1, 1994, the Environmental Regulation
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Commission shall adopt a unified statewide methodology for the
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delineation of the extent of wetlands as defined in s.
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373.019(23)(17). This methodology shall consider regional
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differences in the types of soils and vegetation that may
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serve as indicators of the extent of wetlands. This
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methodology shall also include provisions for determining the
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extent of surface waters other than wetlands for the purposes
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of regulation under s. 373.414. This methodology shall not
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become effective until ratified by the Legislature. Subsequent
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to legislative ratification, the wetland definition in s.
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373.019(23)(17) and the adopted wetland methodology shall be
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binding on the department, the water management districts,
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local governments, and any other governmental entities. Upon
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ratification of such wetland methodology, the Legislature
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preempts the authority of any water management district, state
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or regional agency, or local government to define wetlands or
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develop a delineation methodology to implement the definition
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and determines that the exclusive definition and delineation
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methodology for wetlands shall be that established pursuant to
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s. 373.019(23)(17) and this section. Upon such legislative
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ratification, any existing wetlands definition or wetland
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delineation methodology shall be superseded by the wetland
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definition and delineation methodology established pursuant to
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this chapter. Subsequent to legislative ratification, a
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delineation of the extent of a surface water or wetland by the
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department or a water management district, pursuant to a
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formal determination under subsection (2), or pursuant to a
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permit issued under this part in which the delineation was
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field-verified by the permitting agency and specifically
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approved in the permit, shall be binding on all other
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governmental entities for the duration of the formal
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determination or permit. All existing rules and methodologies
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of the department, the water management districts, and local
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governments, regarding surface water or wetland definition and
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delineation shall remain in full force and effect until the
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common methodology rule becomes effective. However, this shall
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not be construed to limit any power of the department, the
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water management districts, and local governments to amend or
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adopt a surface water or wetland definition or delineation
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methodology until the common methodology rule becomes
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effective.
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Section 11. This act shall take effect October 1,
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1998.
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