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House Bill 0715c1

Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 By the Committee on Water & Resource Management and Representatives Laurent, Boyd, Bitner, Goode and Horan 1 A bill to be entitled 2 An act relating to water resources; amending s. 3 259.032, F.S.; authorizing use of lands 4 acquired under the Conservation and Recreation 5 Lands Trust Fund for permittable water resource 6 development and water supply development 7 purposes; amending s. 367.021, F.S.; defining 8 "environmental compliance costs"; limiting 9 certain determinations of the Florida Public 10 Service Commission; amending s. 367.022, F.S.; 11 providing regulatory exemptions for nonpotable 12 irrigation water and bulk sale of water, under 13 certain circumstances; amending s. 367.081, 14 F.S.; revising procedure in commission rate 15 proceedings for determinations regarding 16 recovery of utility property investments; 17 providing for recovery of environmental 18 compliance costs; amending s. 367.171, F.S.; 19 providing application of the act; amending s. 20 373.016, F.S.; revising legislative policy; 21 providing construction and application; 22 amending s. 373.019, F.S.; revising 23 definitions; defining "district water 24 management plan," "Florida water plan," 25 "regional water supply plan," "water resource 26 development," "water resource implementation 27 rule," and "water supply development;" amending 28 s. 373.036, F.S.; eliminating the state water 29 use plan; providing for development of the 30 Florida water plan, to include the water 31 resource implementation rule; providing 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 procedure for rule amendment; requiring water 2 management district governing boards to develop 3 district water management plans; creating s. 4 373.0361, F.S.; providing requirements for 5 regional water supply plans for regions 6 identified in district water management plans; 7 requiring an annual report; amending s. 8 373.042, F.S.; establishing exclusions from 9 minimum flows and levels requirements; revising 10 minimum flows and levels timing requirements; 11 providing for independent scientific peer 12 review; creating s. 373.0421, F.S.; requiring 13 certain considerations in establishment and 14 implementation of minimum flows and levels; 15 providing for implementation of recovery or 16 prevention strategies; amending s. 373.046, 17 F.S.; providing for interdistrict agreements 18 for implementation of certain regulatory 19 responsibilities; amending s. 373.0693, F.S.; 20 correcting a cross reference; amending s. 21 373.073, F.S.; revising procedure for 22 appointment of members to the water management 23 district governing boards; providing a 24 timetable; amending s. 373.079, F.S.; revising 25 procedure for appointment of district executive 26 directors; providing respective authority of 27 the Governor and governing boards; authorizing 28 employment of governing board ombudsmen; 29 revising duties of governing board legal staff; 30 creating s. 373.0831, F.S.; specifying 31 governing board responsibilities for water 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 resource development and responsibilities of 2 other entities for water supply development; 3 providing for priorities for funding; requiring 4 a report; amending s. 373.223, F.S.; providing 5 requirements in considering authorization to 6 transport ground or surface water under a 7 permit for consumptive use of water; providing 8 restrictions; amending s. 373.236, F.S.; 9 revising provisions relating to duration of 10 consumptive use permits; requiring compliance 11 reports and permit modification, under certain 12 circumstances; requiring a proposal for 13 reevaluation of certain areas with contaminated 14 water supplies; amending s. 373.507, F.S.; 15 revising provisions relating to district and 16 basin audits, budgets, and expense reports; 17 requiring districts to furnish copies of 18 documents to specified entities and to respond 19 to comments; amending s. 373.536, F.S.; 20 providing requirements for notice and 21 advertisement of district budget hearings and 22 workshops; providing requirements for budget 23 identification of administrative and operating 24 expenses; providing for certain analysis of 25 budgets; revising requirements for submittal of 26 tentative budgets; amending s. 373.59, F.S.; 27 deleting obsolete language; correcting a cross 28 reference; authorizing use of interests in 29 property acquired under the Water Management 30 Lands Trust Fund for permittable water resource 31 development and water supply development 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 purposes; amending ss. 186.007, 186.009, 2 373.103, 373.114, 373.418, 373.456, 403.031, 3 and 403.0891, F.S., to conform to the act; 4 repealing ss. 373.026(10), 373.039, and 5 403.061(33), F.S., relating to state water 6 policy and the Florida water plan; repealing s. 7 373.0735, F.S., relating to appointment of 8 members to the governing board of the Southwest 9 Florida Water Management District; providing 10 for grandfathering-in of minimum flows and 11 levels for priority waters in Pasco County 12 pursuant to provisions of chapter 96-339, Laws 13 of Florida; providing effective dates. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Subsection (4) of section 259.032, Florida 18 Statutes, 1996 Supplement, is amended to read: 19 259.032 Conservation and Recreation Lands Trust Fund; 20 purpose.-- 21 (4) Lands acquired under this section shall be for use 22 as state-designated parks, recreation areas, preserves, 23 reserves, historic or archaeological sites, geologic or 24 botanical sites, recreational trails, forests, wilderness 25 areas, wildlife management areas, urban open space, or other 26 state-designated recreation or conservation lands; or they 27 shall qualify for such state designation and use if they are 28 to be managed by other governmental agencies or nonstate 29 entities as provided for in this section. Lands acquired under 30 this section may be used for permittable water resource 31 development and water supply development purposes under the 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 following conditions: the minimum flows and levels of 2 priority water bodies on such lands have been established; the 3 project complies with all conditions for issuance of a permit 4 under part II of chapter 373; and the project is compatible 5 with the purposes for which the land was acquired. A water 6 resource development project or water supply development 7 project may not be capitalized from donor county millage 8 revenues when the land for the project was purchased through 9 the Conservation and Recreation Lands Trust Fund and it is 10 anticipated that the project is designed primarily for 11 intercounty transport of ground or surface water. 12 Section 2. Present subsections (7) through (13) of 13 section 367.021, Florida Statutes, are renumbered as 14 subsections (8) through (14), respectively, and a new 15 subsection (7) is added to said section to read: 16 367.021 Definitions.--As used in this chapter, the 17 following words or terms shall have the meanings indicated: 18 (7) "Environmental compliance costs" means all 19 reasonable expenses and a fair return on the prudent 20 investments incurred in complying with federal, state, or 21 local environmental laws, rules, regulations, orders, 22 ordinances, or resolutions, or other such requirements. The 23 commission shall be bound by the determinations, permitting, 24 and enforcement decisions of the United States Environmental 25 Protection Agency, the Department of Environmental Protection, 26 or a water management district, or other entity with 27 jurisdiction, as to the need for, capacity of, and type of 28 facilities, including land and processes, required for 29 compliance, and the need for, capacity of, and type of 30 facilities, including land and processes, required as part of 31 any reuse system or project. 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 Section 3. Subsections (11) and (12) are added to 2 section 367.022, Florida Statutes, 1996 Supplement, to read: 3 367.022 Exemptions.--The following are not subject to 4 regulation by the commission as a utility nor are they subject 5 to the provisions of this chapter, except as expressly 6 provided: 7 (11) Any person providing only nonpotable water for 8 irrigation purposes in a geographic area where potable water 9 service is available from a governmentally or privately owned 10 utility or a private well. 11 (12) The sale for resale of bulk supplies of water to 12 a governmental authority or to a utility regulated pursuant to 13 this chapter either by the commission or the county. 14 Section 4. Subsection (2) of section 367.081, Florida 15 Statutes, is amended to read: 16 367.081 Rates; procedure for fixing and changing.-- 17 (2)(a) The commission shall, either upon request or 18 upon its own motion, fix rates which are just, reasonable, 19 compensatory, and not unfairly discriminatory. In every such 20 proceeding, the commission shall consider the value and 21 quality of the service and the cost of providing the service, 22 which shall include, but not be limited to, debt interest; the 23 requirements of the utility for working capital; maintenance, 24 depreciation, tax, and operating expenses incurred in the 25 operation of all property used and useful in the public 26 service; and a fair return on the investment of the utility in 27 property used and useful in the public service. However, the 28 commission shall not allow the inclusion of 29 contributions-in-aid-of-construction in the rate base of any 30 utility during a rate proceeding, nor shall it impute 31 prospective future contributions-in-aid-of-construction 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 against the utility's investment in property used and useful 2 in the public service; and accumulated depreciation on such 3 contributions-in-aid-of-construction shall not be used to 4 reduce the rate base, nor shall depreciation on such 5 contributed assets be considered a cost of providing utility 6 service. The commission shall also consider the investment of 7 the utility in land acquired or facilities constructed or to 8 be constructed in the public interest within a reasonable time 9 in the future, not to exceed, unless extended by the 10 commission, 24 months from the end of the historical test 11 period used to set final rates. 12 1. For purposes of such proceeding, to determine 13 whether utility property, including land acquired or 14 facilities constructed or to be constructed in the public 15 interest, is "used and useful in the public service," the 16 commission shall apply the following: 17 a. Utility property needed to serve current customers 18 shall be considered fully used and useful in the public 19 service. 20 b. Utility property needed to serve customers less 21 than 6 years from the date of the commission's final action on 22 a rate request as provided in subsection (6) shall be 23 considered fully used and useful in the public service. 24 c. Utility property needed to serve customers 6 years 25 or more but not more than 7 years from the date of the 26 commission's final action on a rate request as provided in 27 subsection (6) shall be rebuttably presumed to be used and 28 useful in the public service. 29 d. Utility property needed to serve customers more 30 than 7 years from the date of the commission's final action on 31 a rate request as provided in subsection (6) shall only be 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 considered used and useful in the public service if the 2 commission determines that the utility has presented clear and 3 convincing evidence to justify such treatment. 4 2. Notwithstanding the provisions of subparagraph 1., 5 the commission shall approve rates for service that allow a 6 utility to recover the full amount of environmental compliance 7 costs from customers. Rates for service shall not include 8 allowance for funds prudently invested or similar charges. 9 (b) In establishing initial rates for a utility, the 10 commission may project the financial and operational data as 11 set out in paragraph (a) to a point in time when the utility 12 is expected to be operating at a reasonable level of capacity. 13 Section 5. Subsections (6) and (8) of section 367.171, 14 Florida Statutes, 1996 Supplement, are amended to read: 15 367.171 Effectiveness of this chapter.-- 16 (6) Any county in which utilities as herein defined 17 were regulated by the commission on or after January 1, 1980, 18 which subsequently cease to be so regulated, shall, within 90 19 days of the cessation of commission regulation or the 20 effective date of this act, adopt and follow as minimum 21 standards of regulation the provisions of s. 367.021, s. 22 367.081, except for paragraph (4)(a), and ss. 367.0817 and s. 23 367.082, except that the word "commission" shall be read as 24 "the governing body of such county" when the context implies 25 or admits. The authorized rate of return shall be no less than 26 the weighted cost of the capital of the utility, including 27 debt and equity. 28 (8) Each county which is excluded from the provisions 29 of this chapter shall regulate the rates of all utilities in 30 that county which would otherwise be subject to regulation by 31 the commission pursuant to ss. 367.021, s. 367.081(1), (2), 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 (3), and (6), and 367.0817. The county shall not regulate the 2 rates or charges of any system or facility which would 3 otherwise be exempt from commission regulation pursuant to s. 4 367.022(2). For this purpose the county or its agency shall 5 proceed as though the county or agency is the commission. 6 Section 6. Present subsection (2) of section 373.016, 7 Florida Statutes, is amended, subsections (3) and (4) are 8 renumbered as subsections (4) and (5), respectively, and a new 9 subsection (2) is added to that section, to read: 10 373.016 Declaration of policy.-- 11 (2) The department and the governing board shall take 12 into account cumulative impacts on water resources and manage 13 those resources in a manner to ensure their sustainability. 14 (3)(2) It is further declared to be the policy of the 15 Legislature: 16 (a) To provide for the management of water and related 17 land resources; 18 (b) To promote the conservation, replenishment, 19 recapture, enhancement, development, and proper utilization of 20 surface and ground water; 21 (c) To develop and regulate dams, impoundments, 22 reservoirs, and other works and to provide water storage for 23 beneficial purposes; 24 (d) To promote the availability of sufficient water 25 for all existing and future reasonable-beneficial uses and 26 natural systems; 27 (e)(d) To prevent damage from floods, soil erosion, 28 and excessive drainage; 29 (f)(e) To minimize degradation of water resources 30 caused by the discharge of stormwater; 31 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 (g)(f) To preserve natural resources, fish, and 2 wildlife; 3 (h)(g) To promote the public policy set forth in s. 4 403.021; 5 (i)(h) To promote recreational development, protect 6 public lands, and assist in maintaining the navigability of 7 rivers and harbors; and 8 (j)(i) Otherwise to promote the health, safety, and 9 general welfare of the people of this state. 10 11 In implementing this chapter, the department and the governing 12 board shall construe and apply the policies in this subsection 13 as a whole, and no specific policy is to be construed or 14 applied in isolation from the other policies in this 15 subsection. 16 Section 7. Section 373.019, Florida Statutes, 1996 17 Supplement, is amended to read: 18 373.019 Definitions.--When appearing in this chapter 19 or in any rule, regulation, or order adopted pursuant thereto, 20 the following words shall, unless the context clearly 21 indicates otherwise, mean: 22 (1)(13) "Coastal waters" means waters of the Atlantic 23 Ocean or the Gulf of Mexico within the jurisdiction of the 24 state. 25 (2)(1) "Department" means the Department of 26 Environmental Protection or its successor agency or agencies. 27 (3) "District water management plan" means the 28 regional water resource plan developed by a governing board 29 under s. 373.036. 30 (4)(6) "Domestic use" means the use of water for the 31 individual personal household purposes of drinking, bathing, 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 cooking, or sanitation. All other uses shall not be considered 2 domestic. 3 (5) "Florida water plan" means the state-level water 4 resource plan developed by the department under s. 373.036. 5 (6)(3) "Governing board" means the governing board of 6 a water management district. 7 (7)(9) "Groundwater" means water beneath the surface 8 of the ground, whether or not flowing through known and 9 definite channels. 10 (8)(14) "Impoundment" means any lake, reservoir, pond, 11 or other containment of surface water occupying a bed or 12 depression in the earth's surface and having a discernible 13 shoreline. 14 (9)(18) "Independent scientific peer review" means the 15 review of scientific data, theories, and methodologies by a 16 panel of independent, recognized experts in the fields of 17 hydrology, hydrogeology, limnology, and other scientific 18 disciplines relevant to the matters being reviewed under s. 19 373.042. 20 (10)(7) "Nonregulated use" means any use of water 21 which is exempted from regulation by the provisions of this 22 chapter. 23 (11)(12) "Other watercourse" means any canal, ditch, 24 or other artificial watercourse in which water usually flows 25 in a defined bed or channel. It is not essential that the 26 flowing be uniform or uninterrupted. 27 (12)(5) "Person" means any and all persons, natural or 28 artificial, including any individual, firm, association, 29 organization, partnership, business trust, corporation, 30 company, the United States of America, and the state and all 31 political subdivisions, regions, districts, municipalities, 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 and public agencies thereof. The enumeration herein is not 2 intended to be exclusive or exhaustive. 3 (13)(4) "Reasonable-beneficial use" means the use of 4 water in such quantity as is necessary for economic and 5 efficient utilization for a purpose and in a manner which is 6 both reasonable and consistent with the public interest. 7 (14) "Regional water supply plan" means a detailed 8 water supply plan developed by a governing board under s. 9 373.0361. 10 (15)(11) "Stream" means any river, creek, slough, or 11 natural watercourse in which water usually flows in a defined 12 bed or channel. It is not essential that the flowing be 13 uniform or uninterrupted. The fact that some part of the bed 14 or channel has been dredged or improved does not prevent the 15 watercourse from being a stream. 16 (16)(10) "Surface water" means water upon the surface 17 of the earth, whether contained in bounds created naturally or 18 artificially or diffused. Water from natural springs shall be 19 classified as surface water when it exits from the spring onto 20 the earth's surface. 21 (17)(8) "Water" or "waters in the state" means any and 22 all water on or beneath the surface of the ground or in the 23 atmosphere, including natural or artificial watercourses, 24 lakes, ponds, or diffused surface water and water percolating, 25 standing, or flowing beneath the surface of the ground, as 26 well as all coastal waters within the jurisdiction of the 27 state. 28 (18)(2) "Water management district" means any flood 29 control, resource management, or water management district 30 operating under the authority of this chapter. 31 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 (19) "Water resource development" means the 2 formulation and implementation of regional water resource 3 management strategies, including the collection and evaluation 4 of surface water and groundwater data; structural and 5 nonstructural programs to protect and manage water resources; 6 the development of regional water resource implementation 7 programs; the construction, operation, and maintenance of 8 major public works facilities to provide for flood control, 9 surface and underground water storage, and groundwater 10 recharge augmentation; and related technical assistance to 11 local governments and to government-owned and privately owned 12 water utilities. 13 (20)(16) "State Water resource implementation rule 14 policy" means the rule authorized by s. 373.036, which sets 15 comprehensive statewide policy as adopted by the department 16 pursuant to ss. 373.026 and 403.061 setting forth goals, 17 objectives, and guidance for the development and review of 18 programs, rules, and plans relating to water resources, based 19 on statutory policies and directives. The waters of the state 20 are among its most basic resources. Such waters should be 21 managed to conserve and protect water resources and to realize 22 the full beneficial use of these resources. 23 (21) "Water supply development" means the planning, 24 design, construction, operation, and maintenance of public or 25 private facilities for water collection, production, 26 treatment, transmission, or distribution for sale, resale, or 27 end use. 28 (22)(17) For the sole purpose of serving as the basis 29 for the unified statewide methodology adopted pursuant to s. 30 373.421(1), as amended, "wetlands" means those areas that are 31 inundated or saturated by surface water or groundwater at a 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 frequency and a duration sufficient to support, and under 2 normal circumstances do support, a prevalence of vegetation 3 typically adapted for life in saturated soils. Soils present 4 in wetlands generally are classified as hydric or alluvial, or 5 possess characteristics that are associated with reducing soil 6 conditions. The prevalent vegetation in wetlands generally 7 consists of facultative or obligate hydrophytic macrophytes 8 that are typically adapted to areas having soil conditions 9 described above. These species, due to morphological, 10 physiological, or reproductive adaptations, have the ability 11 to grow, reproduce, or persist in aquatic environments or 12 anaerobic soil conditions. Florida wetlands generally include 13 swamps, marshes, bayheads, bogs, cypress domes and strands, 14 sloughs, wet prairies, riverine swamps and marshes, hydric 15 seepage slopes, tidal marshes, mangrove swamps and other 16 similar areas. Florida wetlands generally do not include 17 longleaf or slash pine flatwoods with an understory dominated 18 by saw palmetto. Upon legislative ratification of the 19 methodology adopted pursuant to s. 373.421(1), as amended, the 20 limitation contained herein regarding the purpose of this 21 definition shall cease to be effective. 22 (23)(15) "Works of the district" means those projects 23 and works, including, but not limited to, structures, 24 impoundments, wells, streams, and other watercourses, together 25 with the appurtenant facilities and accompanying lands, which 26 have been officially adopted by the governing board of the 27 district as works of the district. 28 Section 8. Section 373.036, Florida Statutes, is 29 amended to read: 30 373.036 Florida water plan; district water management 31 plans State water use plan.-- 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 (1) FLORIDA WATER PLAN.--In cooperation with the water 2 management districts, regional water supply authorities, and 3 others, the department shall develop the Florida water plan. 4 The Florida water plan shall include, but not be limited to: 5 (a) The programs and activities of the department 6 related to water supply, water quality, flood protection and 7 floodplain management, and natural systems. 8 (b) The water quality standards of the department. 9 (c) The district water management plans. 10 (d) Goals, objectives, and guidance for the 11 development and review of programs, rules, and plans relating 12 to water resources, based on statutory policies and 13 directives. The state water policy rule, renamed the water 14 resource implementation rule pursuant to s. 373.019(20), shall 15 serve as this part of the plan. Amendments or additions to 16 this part of the Florida water plan shall be adopted by the 17 department as part of the water resource implementation rule. 18 In accordance with s. 373.114, the department shall review 19 rules of the water management districts for consistency with 20 this rule. Amendments to the water resource implementation 21 rule must be adopted by the secretary of the department and be 22 submitted to the President of the Senate and the Speaker of 23 the House of Representatives within 7 days after publication 24 in the Florida Administrative Weekly. Amendments shall not 25 become effective until the conclusion of the next regular 26 session of the Legislature following their adoption. 27 (1) The department shall proceed as rapidly as 28 possible to study existing water resources in the state; means 29 and methods of conserving and augmenting such waters; existing 30 and contemplated needs and uses of water for protection and 31 procreation of fish and wildlife, irrigation, mining, power 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 development, and domestic, municipal, and industrial uses; and 2 all other related subjects, including drainage, reclamation, 3 flood plain or flood-hazard area zoning, and selection of 4 reservoir sites. The department shall cooperate with the 5 Executive Office of the Governor, or its successor agency, 6 progressively to formulate, as a functional element of a 7 comprehensive state plan, an integrated, coordinated plan for 8 the use and development of the waters of the state, based on 9 the above studies. This plan, with such amendments, 10 supplements, and additions as may be necessary from time to 11 time, shall be known as the state water use plan. 12 (2) DISTRICT WATER MANAGEMENT PLANS.-- 13 (a) Each governing board shall develop a district 14 water management plan for water resources within its region, 15 which plan addresses water supply, water quality, flood 16 protection and floodplain management, and natural systems. The 17 district water management plan shall be based on at least a 18 20-year planning period, shall be developed and revised in 19 cooperation with other agencies, regional water supply 20 authorities, units of government, and interested parties, and 21 shall be updated at least once every 5 years. The governing 22 board shall hold a public hearing at least 30 days in advance 23 of completing the development or revision of the district 24 water management plan. 25 (b) The district water management plan shall include, 26 but not be limited to: 27 1. The scientific methodologies for establishing 28 minimum flows and levels under s. 373.042, and all established 29 minimum flows and levels. 30 2. Identification of one or more water supply planning 31 regions that singly or together encompass the entire district. 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 3. Technical data and information prepared under ss. 2 373.0391 and 373.0395. 3 4. A districtwide water supply assessment, to be 4 completed no later than July 1, 1998, which determines for 5 each water supply planning region: 6 a. Existing legal uses, reasonably anticipated future 7 needs, and existing and reasonably anticipated sources of 8 water and conservation efforts; and 9 b. Whether existing and reasonably anticipated sources 10 of water and conservation efforts are adequate to supply water 11 for all existing legal uses and reasonably anticipated future 12 needs and to sustain the water resources and related natural 13 systems. 14 5. Any completed regional water supply plans. 15 (c) If necessary for implementation, the governing 16 board shall adopt by rule or order relevant portions of the 17 district water management plan, to the extent of its statutory 18 authority. 19 (d)(2) In the formulation of the district water 20 management state water use plan, the governing board 21 department shall give due consideration to: 22 1.(a) The attainment of maximum reasonable-beneficial 23 use of water resources for such purposes as those referred to 24 in subsection (1). 25 2.(b) The maximum economic development of the water 26 resources consistent with other uses. 27 3.(c) The management control of water resources such 28 waters for such purposes as environmental protection, 29 drainage, flood control, and water storage. 30 4.(d) The quantity of water available for application 31 to a reasonable-beneficial use. 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 5.(e) The prevention of wasteful, uneconomical, 2 impractical, or unreasonable uses of water resources. 3 6.(f) Presently exercised domestic use and permit 4 rights. 5 7.(g) The preservation and enhancement of the water 6 quality of the state and the provisions of the state water 7 quality plan. 8 8.(h) The state water resources policy as expressed by 9 this chapter. 10 (3) During the process of formulating or revising the 11 state water use plan, the department shall consult with, and 12 carefully evaluate the recommendations of, concerned federal, 13 state, and local agencies, particularly the governing boards 14 of the water management districts, and other interested 15 persons. 16 (4) Each governing board is directed to cooperate with 17 the department in conducting surveys and investigations of 18 water resources, to furnish the department with all available 19 data of a technical nature, and to advise and assist the 20 department in the formulation and drafting of those portions 21 of the state plan applicable to the district. 22 (5) The department shall not adopt or modify the state 23 water use plan or any portion thereof without first holding a 24 public hearing on the matter. At least 90 days in advance of 25 such hearing, the department shall notify any affected 26 governing boards, and shall give notice of such hearing by 27 publication within the affected region pursuant to the 28 provisions of chapter 120, except such notice by publication 29 shall be extended at least 90 days in advance of such 30 hearings. 31 18 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 (6) For the purposes of this plan the department may, 2 in consultation with the affected governing board, divide each 3 water management district into sections which shall conform as 4 nearly as practicable to hydrologically controllable areas and 5 describe all water resources within each area. 6 (3)(7) The department and governing board shall give 7 careful consideration to the requirements of public recreation 8 and to the protection and procreation of fish and wildlife. 9 The department or governing board may prohibit or restrict 10 other future uses on certain designated bodies of water which 11 may be inconsistent with these objectives. 12 (4)(8) The governing board department may designate 13 certain uses in connection with a particular source of supply 14 which, because of the nature of the activity or the amount of 15 water required, would constitute an undesirable use for which 16 the governing board may deny a permit. 17 (5)(9) The governing board department may designate 18 certain uses in connection with a particular source of supply 19 which, because of the nature of the activity or the amount of 20 water required, would result in an enhancement or improvement 21 of the water resources of the area. Such uses shall be 22 preferred over other uses in the event of competing 23 applications under the permitting systems authorized by this 24 chapter. 25 (6)(10) The department, in cooperation with the 26 Executive Office of the Governor, or its successor agency, may 27 add to the Florida water state water use plan any other 28 information, directions, or objectives it deems necessary or 29 desirable for the guidance of the governing boards or other 30 agencies in the administration and enforcement of this 31 chapter. 19 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 Section 9. Section 373.0361, Florida Statutes, is 2 created to read: 3 373.0361 Regional water supply planning.-- 4 (1) By October 1, 1998, the governing board shall 5 initiate water supply planning for each water supply planning 6 region identified in the district water management plan under 7 s. 373.036, where it determines that sources of water are not 8 adequate for the planning period to supply water for all 9 existing and projected reasonable-beneficial uses and to 10 sustain the water resources and related natural systems. The 11 planning must be conducted in an open public process, in 12 coordination and cooperation with local governments, regional 13 water supply authorities, government-owned and privately owned 14 water utilities, self-suppliers, and other affected and 15 interested parties. 16 (2) Each regional water supply plan shall be based on 17 at least a 20-year planning period and shall include, but not 18 be limited to: 19 (a) A water supply development component that 20 includes: 21 1. A quantification of the water supply needs for all 22 existing and reasonably projected future uses within the 23 planning horizon. The level of certainty associated with 24 identifying the water supply needs of existing and future 25 reasonable-beneficial uses shall be based upon the assurance 26 that water would be available to meet those needs for a 27 1-in-10 year drought event. 28 2. A list of water source options for water supply 29 development, including traditional and alternative sources, 30 from which local government, government-owned and privately 31 20 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 owned utilities, self-suppliers, and others may choose, which 2 will exceed the needs identified in subparagraph 1. 3 3. For each option listed in subparagraph 2., the 4 estimated amount of water available for use and the estimated 5 costs of and potential sources of funding for water supply 6 development. 7 4. A list of water supply development projects. 8 (b) A water resource development component that 9 includes: 10 1. A listing of those water resource development 11 projects that support water supply development. 12 2. For each water resource development project listed: 13 a. An estimate of the amount of water to become 14 available through the project. 15 b. The timetable for implementing or constructing the 16 project and the estimated costs for implementing, operating, 17 and maintaining the project. 18 c. Sources of funding and funding needs. 19 d. Who will implement the project and how it will be 20 implemented. 21 (c) The recovery and prevention strategy described in 22 s. 373.0421(2). 23 (d) A funding strategy for water resource development 24 projects, which shall be reasonable and sufficient to pay the 25 cost of constructing or implementing all of the listed 26 projects. 27 (e) Consideration of how the options addressed in 28 paragraphs (a) and (b) serve the public interest or save costs 29 overall by preventing the loss of natural resources or 30 avoiding greater future expenditures for water resource 31 development or water supply development. However, unless 21 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 adopted by rule, these considerations do not constitute final 2 agency action. 3 (f) The technical data and information applicable to 4 the planning region which are contained in the district water 5 management plan and are necessary to support the regional 6 water supply plan. 7 (g) The minimum flows and levels established for water 8 resources within the planning region. 9 (3) All portions of the regional water supply plan 10 that impact or affect third parties, including the 11 determination of the water resource development projects to be 12 funded by the district, the financial feasibility of the water 13 resource development projects, the timetable for funding, 14 constructing, and implementing these projects, and the 15 funding, construction, and implementation of projects 16 necessary for the recovery and prevention strategy, shall be 17 adopted by the governing board as a rule pursuant to chapter 18 120. 19 (4) Regional water supply plans initiated or completed 20 by July 1, 1997, shall be revised, if necessary, to include a 21 water supply development component and a water resource 22 development component as described in paragraphs (2)(a) and 23 (b). 24 (5) Beginning November 15, 1997, and annually 25 thereafter, the department shall submit to the Governor and 26 the Legislature a report on the status of regional water 27 supply planning in each district. This report shall include a 28 compilation of the estimated costs of and potential sources of 29 funding for water resource development and water supply 30 development projects, as identified in the water management 31 district regional water supply plans. 22 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 (6) Nothing contained in the water supply 2 development component of the district water management plan 3 shall be construed to require local governments, 4 government-owned or privately owned water utilities, 5 self-suppliers, or other water suppliers to select a water 6 supply development option identified in the component. 7 Section 10. Section 373.042, Florida Statutes, 1996 8 Supplement, is amended to read: 9 373.042 Minimum flows and levels.-- 10 (1) Within each section, or the water management 11 district as a whole, the department or the governing board 12 shall establish the following: 13 (a) Minimum flow for all surface watercourses in the 14 area. The minimum flow for a given watercourse shall be the 15 limit at which further withdrawals would be significantly 16 harmful to the water resources or ecology of the area. 17 (b) Minimum water level. The minimum water level 18 shall be the level of groundwater in an aquifer and the level 19 of surface water at which further withdrawals would be 20 significantly harmful to the water resources of the area. 21 (c) Exclusions. 22 1. The department or the governing board shall not set 23 minimum levels for surface water bodies less than 25 acres in 24 area, unless the surface water body or bodies, individually or 25 cumulatively, have significant economic, environmental, or 26 hydrologic value, or are otherwise a unique natural resource 27 of the state. 28 2. The department or the governing board shall not set 29 minimum flows or levels for surface water bodies constructed 30 prior to the requirement for a permit, or pursuant to an 31 exemption, a permit, or a reclamation plan which regulates the 23 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 size, depth, or function of the surface water body under the 2 provisions of chapter 373, chapter 378, or chapter 403, unless 3 the constructed surface water body is of unique hydrologic 4 value and an essential element of the water resources of the 5 area. 6 3. The exclusions in subparagraphs 1. and 2. shall not 7 apply to the Everglades Protection Area, as defined in s. 8 373.4592(2)(h). 9 10 The minimum flow and minimum water level shall be calculated 11 by the department and the governing board using the best 12 information available. When appropriate, minimum flows and 13 levels may be calculated to reflect seasonal variations. The 14 department and the governing board shall also consider, and at 15 their discretion may provide for, the protection of 16 nonconsumptive uses in the establishment of minimum flows and 17 levels. 18 (2) By July 1, 1996, the Southwest Florida Water 19 Management District shall amend and submit to the department 20 for review and approval its priority list for the 21 establishment of minimum flows and levels and delineating the 22 order in which the governing board shall establish the minimum 23 flows and levels for surface watercourses, aquifers, and 24 surface water in the counties of Hillsborough, Pasco, and 25 Pinellas. By November 15, 1997, and annually thereafter, each 26 water management district shall submit to the department for 27 review and approval a priority list and schedule for the 28 establishment of minimum flows and levels for surface 29 watercourses, aquifers, and surface waters within the 30 district. The priority list shall identify those water bodies 31 for which the district will voluntarily undertake independent 24 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 scientific peer review. By January 1, 1998, and annually 2 thereafter, each water management district shall publish its 3 approved priority list and schedule in the Florida 4 Administrative Weekly. The priority list shall be based upon 5 the importance of the waters to the state or region and the 6 existence of or potential for significant harm to the water 7 resources or ecology of the state or region, and shall include 8 those waters which are experiencing or may reasonably be 9 expected to experience experiencing adverse impacts and those 10 waters which are identified as possible new water supply 11 sources proposing to withdraw 5 million gallons or more per 12 day in the future. The development and publishing of the 13 priority list shall not constitute a point of entry to an 14 administrative proceeding pursuant to chapter 120. Except as 15 provided in subsection (3), the development of a priority list 16 and compliance with the schedule for the establishment of 17 minimum flows and levels pursuant to this subsection shall 18 satisfy the requirements of subsection (1). 19 (3) Minimum flows or levels for priority waters in the 20 Counties of Hillsborough, Pasco, and Pinellas subsection (2) 21 shall be established by October 1, 1997. Where a minimum flow 22 or level for the priority waters within those counties has not 23 been established by the applicable deadline, the secretary of 24 the department shall, if requested by the governing body of 25 any local government within whose jurisdiction the affected 26 waters are located, establish the minimum flow or level flows 27 and levels in accordance with the procedures established by 28 this section. The department's reasonable costs in 29 establishing a minimum flow or level shall, upon request of 30 the secretary, be reimbursed by the applicable district. 31 25 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 (4)(a) Upon written request to the department or 2 governing board by a substantially affected person, or by 3 decision of the department or governing board, prior to the 4 establishment of a minimum flow or level and prior to the 5 filing of any petition for administrative hearing related to 6 the minimum flow or level, all scientific or technical data, 7 methodologies, and models, including all scientific and 8 technical assumptions employed in each model, used to 9 establish a minimum flow or level shall be subject to 10 independent scientific peer review. Independent scientific 11 peer review means review by a panel of independent, recognized 12 experts in the fields of hydrology, hydrogeology, limnology, 13 biology, and other scientific disciplines, to the extent 14 relevant to the establishment of the minimum flow or level. 15 (b) If independent scientific peer review is 16 requested, it shall be initiated at an appropriate point 17 agreed upon by the department or governing board and the 18 person or persons requesting the peer review. If no agreement 19 is reached, the department or governing board shall determine 20 the appropriate point at which to initiate peer review. The 21 members of the peer review panel shall be selected within 60 22 days of the point of initiation by agreement of the department 23 or governing board and the person or persons requesting the 24 peer review. If the panel is not selected within the 60-day 25 period, the time limitation may be waived upon the agreement 26 of all parties. If no waiver occurs, the department or 27 governing board may proceed to select the peer review panel. 28 The cost of the peer review shall be borne equally by the 29 district and each party requesting the peer review, to the 30 extent economically feasible. The panel shall submit a final 31 report to the governing board within 120 days after its 26 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 selection unless the deadline is waived by agreement of all 2 parties. Initiation of peer review pursuant to this paragraph 3 shall toll any applicable deadline under chapter 120 or other 4 law or district rule regarding permitting, rulemaking, or 5 administrative hearings, until 60 days following submittal of 6 the final report. Any such deadlines shall also be tolled for 7 60 days following withdrawal of the request or following 8 agreement of the parties that peer review will no longer be 9 pursued. The department or the governing board shall give 10 significant weight to the final report of the peer review 11 panel when establishing the minimum flow or level. 12 (c) If the final data, methodologies, and models, 13 including all scientific and technical assumptions employed in 14 each model upon which a minimum flow or level is based, have 15 undergone peer review pursuant to this subsection, by request 16 or by decision of the department or governing board, no 17 further peer review shall be required with respect to that 18 minimum flow or level. 19 (d) No minimum flow or level adopted by rule or 20 formally noticed for adoption on or before May 2, 1997, shall 21 be subject to the peer review provided for in this subsection. 22 Prior to the establishment of minimum flows or levels for 23 water resources areas identified in subsection (2), and prior 24 to filing any petition for administrative hearing, scientific 25 or technical data and methodologies, if in dispute, shall, 26 upon written request to the governing board by a substantially 27 affected person, be subject to independent scientific peer 28 review. The members of the peer review panel shall be 29 selected by agreement of the parties in interest within 60 30 days after receipt of the request. In the event the panel is 31 not selected within this time, then, upon the agreement of all 27 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 parties, the time may be waived, or, if no waiver occurs, the 2 governing board may proceed to establish the minimum flows and 3 levels. The cost of the peer review shall be borne equally by 4 the parties selecting the panel, to the extent economically 5 feasible. The panel shall conduct at least one public meeting 6 of the full panel in accordance with s. 286.011(1) and (6) 7 prior to the submission of the final report. The panel shall 8 submit a final report to the governing board within 120 days 9 after selection. Upon request by all members of the panel and 10 agreement of the parties, the time for submittal may be 11 extended for up to 30 additional days. In the event the final 12 report is not submitted within such time, the governing board 13 may proceed to establish the minimum flows and levels pursuant 14 to this section. Filing of a request shall toll any applicable 15 deadline under chapter 120, or other law or district rule, 16 until 60 days following submittal of the final report. Any 17 such deadlines shall also be tolled for 60 days following the 18 withdrawal of the request, agreement of the parties that peer 19 review will no longer be pursued, or failure to meet any 20 deadline set forth in this subsection. If the selection of 21 the panel is subject to the requirements of chapter 287, then 22 the panel shall submit its final report to the governing board 23 within 120 days after the completion of the process required 24 pursuant to chapter 287. The governing board shall give 25 significant weight to the final report of the panel in 26 establishing the minimum flow or level, as appropriate. The 27 final report may also be entered into the record by any party 28 to the proceeding in which the minimum flow or level is 29 applicable. 30 (5) If a petition for administrative hearing is filed 31 under chapter 120 challenging the establishment of a the 28 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 minimum flow or level flows or levels, the report of an the 2 independent scientific peer review conducted under subsection 3 (4) is admissible as evidence in the final hearing, and the 4 administrative law judge hearing officer must render the order 5 within 120 days after the filing of the petition. The time 6 limit for rendering the an order shall not be extended except 7 by agreement of all the parties. To the extent that the 8 parties agree to the findings of the peer review, they may 9 stipulate that those findings be incorporated as findings of 10 fact in the final order. 11 Section 11. Section 373.0421, Florida Statutes, is 12 created to read: 13 373.0421 Establishment and implementation of minimum 14 flows and levels.-- 15 (1)(a) When establishing minimum flows and levels 16 pursuant to s. 373.042, the department or governing board 17 shall consider changes and structural alterations to 18 watersheds, surface waters, and aquifers and the effects such 19 changes or alterations have had, and the constraints such 20 changes or alterations have placed, on the hydrology of an 21 affected watershed, surface water, or aquifer. Nothing in this 22 paragraph shall be construed to grandfather-in significant 23 harm pursuant to s. 373.042 caused by consumptive use 24 withdrawals, as determined by the governing board or the 25 department. 26 (b) The Legislature recognizes that certain water 27 bodies no longer serve their historic hydrologic functions. 28 The Legislature also recognizes that recovery of these water 29 bodies to historic hydrologic conditions may not be 30 economically or technically feasible, and that such recovery 31 effort could cause adverse environmental or hydrologic 29 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 impacts. Accordingly, the department or governing board may 2 determine that setting a minimum flow or level for such a 3 water body based on its historic hydrologic condition is not 4 appropriate. 5 (2) If the existing flow or level in a water body is 6 below, or is projected to fall within 20 years below, the 7 applicable minimum flow or level established pursuant to s. 8 373.042, the department or governing board, as part of the 9 regional water supply plan described in s. 373.0361, shall 10 expeditiously adopt and implement a recovery or prevention 11 strategy, which includes the development of additional water 12 supplies and other actions, consistent with the authority 13 granted by this chapter, to: 14 (a) Achieve recovery to the established minimum flow 15 or level as soon as practicable; or 16 (b) Prevent the existing flow or level from falling 17 below the established minimum flow or level. 18 19 The recovery or prevention strategy shall include phasing or a 20 timetable which will allow for the provision of sufficient 21 water supplies for all existing and projected 22 reasonable-beneficial uses, including development of 23 additional water supplies and implementation of conservation 24 and other efficiency measures concurrent with to the extent 25 practical, and to offset, reductions in permitted withdrawals, 26 consistent with the provisions of this chapter. 27 (3) The provisions of this section are supplemental to 28 any other specific requirements or authority provided by law. 29 Minimum flows and levels shall be reevaluated periodically and 30 revised as needed. 31 30 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 Section 12. Subsection (6) is added to section 2 373.046, Florida Statutes, 1996 Supplement, to read: 3 373.046 Interagency agreements.-- 4 (6) When the geographic area of a project or local 5 government crosses water management district boundaries, the 6 affected districts may designate a single affected district by 7 interagency agreement to implement in that area, under the 8 rules of the designated district, all or part of the 9 applicable regulatory responsibilities under chapter 373. 10 Interagency agreements entered into under this subsection 11 which apply to the geographic area of a local government must 12 have the concurrence of the affected local government. The 13 application under this subsection, by rule, of any existing 14 district rule that was adopted or formally noticed for 15 adoption on or before May 11, 1995, is not subject to s. 16 70.001. 17 Section 13. Paragraph (a) of subsection (8) of section 18 373.0693, Florida Statutes, is amended to read: 19 373.0693 Basins; basin boards.-- 20 (8)(a) At 11:59 p.m. on June 30, 1988, the area 21 transferred from the Southwest Florida Water Management 22 District to the St. Johns River Water Management District by 23 change of boundaries pursuant to chapter 76-243, Laws of 24 Florida, shall cease to be a subdistrict or basin of the St. 25 Johns River Water Management District known as the Oklawaha 26 River Basin and said Oklawaha River Basin shall cease to 27 exist. However, any recognition of an Oklawaha River Basin or 28 an Oklawaha River Hydrologic Basin for regulatory purposes 29 shall be unaffected. The area formerly known as the Oklawaha 30 River Basin shall continue to be part of the St. Johns River 31 Water Management District. There shall be established by the 31 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 governing board of the St. Johns River Water Management 2 District the Oklawaha River Basin Advisory Council to receive 3 public input and advise the St. Johns River Water Management 4 District's governing board on water management issues 5 affecting the Oklawaha River Basin. The Oklawaha River Basin 6 Advisory Council shall be appointed by action of the St. Johns 7 River Water Management District's governing board and shall 8 include one representative from each county which is wholly or 9 partly included in the Oklawaha River Basin. The St. Johns 10 River Water Management District's governing board member 11 currently serving pursuant to s. 373.073(2)(c)3. 12 373.073(1)(b)3.c., shall serve as chair of the Oklawaha River 13 Basin Advisory Council. Members of the Oklawaha River Basin 14 Advisory Council shall receive no compensation for their 15 services but are entitled to be reimbursed for per diem and 16 travel expenses as provided in s. 112.061. 17 Section 14. Section 373.073, Florida Statutes, is 18 amended to read: 19 373.073 Governing board.-- 20 (1)(a) The governing board of each water management 21 district shall be composed of 9 members who shall reside 22 within the district, except that the Southwest Florida Water 23 Management District shall be composed of 11 members who shall 24 reside within the district. Members of the governing boards 25 shall be appointed by the Governor, subject to confirmation by 26 the Senate at the next regular session of the Legislature, and 27 the refusal or failure of the Senate to confirm an appointment 28 creates a vacancy in the office to which the appointment was 29 made. The term of office for a governing board member is 4 30 years and commences on March 2 of the year in which the 31 appointment is made and terminates on March 1 of the 4th 32 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 calendar year of the term. Terms of office of governing board 2 members shall be staggered to help maintain consistency and 3 continuity in the exercise of governing board duties and to 4 minimize disruption in district operations. The term of office 5 of members of the board shall be 4 years and shall be 6 construed to commence on March 2 preceding the date of 7 appointment and to terminate March 1 of the year of the end of 8 a term. Members of the governing boards continued under this 9 chapter shall be appointed from the district at large as 10 vacancies occur on the governing boards. Such vacancies shall 11 be filled according to the residency requirements of paragraph 12 (b). 13 (b) Commencing January 1, 1999, the Governor shall 14 appoint the following number of governing board members in 15 each year of the Governor's 4-year term of office: 16 1. In the first year of the Governor's term of office, 17 the Governor shall appoint three members to the governing 18 board of each district. 19 2. In the second year of the Governor's term of 20 office, the Governor shall appoint three members to the 21 governing board of the Southwest Florida Water Management 22 District and two members to the governing board of each other 23 district. 24 3. In the third year of the Governor's term of office, 25 the Governor shall appoint three members to the governing 26 board of the Southwest Florida Water Management District and 27 two members to the governing board of each other district. 28 4. In the fourth year of the Governor's term of 29 office, the Governor shall appoint two members to the 30 governing board of each district. 31 33 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 For any governing board vacancy that occurs before the date 2 scheduled for the office to be filled under this paragraph, 3 the Governor shall appoint a person meeting residency 4 requirements of subsection (2) for a term that will expire on 5 the date scheduled for the term of that office to terminate 6 under this subsection. In addition to the residency 7 requirements for the governing boards as provided by 8 subsection (2), the Governor shall consider appointing 9 governing board members to represent an equitable 10 cross-section of regional interests and technical expertise. 11 (2)(b) Notwithstanding the provisions of any other 12 general or special law to the contrary, vacancies in the 13 governing boards of the water management districts shall be 14 filled according to the following residency requirements, 15 representing areas designated by the United States Water 16 Resources Council in United States Geological Survey, River 17 Basin and Hydrological Unit Map of Florida--1975, Map Series 18 No. 72: 19 (a)1. Northwest Florida Water Management District: 20 1.a. One member shall reside in the area generally 21 designated as the "Perdido River Basin-Perdido Bay Coastal 22 Area-Lower Conecuh River-Escambia River Basin" hydrologic 23 units and that portion of the "Escambia Bay Coastal Area" 24 hydrologic unit which lies west of Pensacola Bay and Escambia 25 Bay. 26 2.b. One member shall reside in the area generally 27 designated as the "Blackwater River Basin-Yellow River 28 Basin-Choctawhatchee Bay Coastal Area" hydrologic units and 29 that portion of the "Escambia Bay Coastal Area" hydrologic 30 unit which lies east of Pensacola Bay and Escambia Bay. 31 34 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 3.c. One member shall reside in the area generally 2 designated as the "Choctawhatchee River Basin-St. Andrews Bay 3 Coastal Area" hydrologic units. 4 4.d. One member shall reside in the area generally 5 designated as the "Lower Chattahoochee-Apalachicola 6 River-Chipola River Basin-Coastal Area between Ochlockonee 7 River Apalachicola Rivers-Apalachicola Bay coastal area and 8 offshore islands" hydrologic units. 9 5.e. One member shall reside in the area generally 10 designated as the "Ochlockonee River Basin-St. Marks and 11 Wakulla Rivers and coastal area between Aucilla and 12 Ochlockonee River Basin" hydrologic units. 13 6.f. Four members shall be appointed at large, except 14 that no county shall have more than two members on the 15 governing board. 16 (b)2. Suwannee River Water Management District: 17 1.a. One member shall reside in the area generally 18 designated as the "Aucilla River Basin" hydrologic unit. 19 2.b. One member shall reside in the area generally 20 designated as the "Coastal Area between Suwannee and Aucilla 21 Rivers" hydrologic unit. 22 3.c. One member shall reside in the area generally 23 designated as the "Withlacoochee River Basin-Alapaha River 24 Basin-Suwannee River Basin above the Withlacoochee River" 25 hydrologic units. 26 4.d. One member shall reside in the area generally 27 designated as the "Suwannee River Basin below the 28 Withlacoochee River excluding the Santa Fe River Basin" 29 hydrologic unit. 30 5.e. One member shall reside in the area generally 31 designated as the "Santa Fe Basin-Waccasassa River and coastal 35 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 area between Withlacoochee and Suwannee River" hydrologic 2 units. 3 6.f. Four members shall be appointed at large, except 4 that no county shall have more than two members on the 5 governing board. 6 (c)3. St. Johns River Water Management District: 7 1.a. One member shall reside in the area generally 8 designated as the "St. Mary River Basin-Coastal area between 9 St. Marys and St. Johns Rivers" hydrologic units. 10 2.b. One member shall reside in the area generally 11 designated as the "St. Johns River Basin below Oklawaha 12 River-Coastal area between the St. Johns River and Ponce de 13 Leon Inlet" hydrologic units. 14 3.c. One member shall reside in the area generally 15 designated as the "Oklawaha River Basin" hydrologic unit. 16 4.d. One member shall reside in the area generally 17 designated as the "St. Johns River Basin above the Oklawaha 18 River" hydrologic unit. 19 5.e. One member shall reside in the area generally 20 designated as the "Coastal area between Ponce de Leon Inlet 21 and Sebastian Inlet-Coastal area Sebastian Inlet to St. Lucie 22 River" hydrologic units. 23 6.f. Four members shall be appointed at large, except 24 that no county shall have more than two members on the 25 governing board. 26 (d)4. South Florida Water Management District: 27 1.a. Two members shall reside in Dade County. 28 2.b. One member shall reside in Broward County. 29 3.c. One member shall reside in Palm Beach County. 30 4.d. One member shall reside in Collier County, Lee 31 County, Hendry County, or Charlotte County. 36 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 5.e. One member shall reside in Glades County, 2 Okeechobee County, Highlands County, Polk County, Orange 3 County, or Osceola County. 4 6.f. Two members, appointed at large, shall reside in 5 an area consisting of St. Lucie, Martin, Palm Beach, Broward, 6 Dade, and Monroe Counties. 7 7.g. One member, appointed at large, shall reside in 8 an area consisting of Collier, Lee, Charlotte, Hendry, Glades, 9 Osceola, Okeechobee, Polk, Highlands, and Orange Counties. 10 8.h. No county shall have more than three members on 11 the governing board. 12 (e)5. Southwest Florida Water Management District: 13 1.a. Two members shall reside in Hillsborough County. 14 2.b. One member shall reside in the area consisting of 15 Hillsborough and Pinellas Counties. 16 3.c. Two members shall reside in Pinellas County. 17 4.d. One member shall reside in Manatee County. 18 5.e. One member shall reside in Polk County. 19 6.f. One member shall reside in Pasco County. 20 7.g. One member shall be appointed at large from Levy, 21 Marion, Citrus, Sumter, Hernando, and Lake Counties. 22 8.h. One member shall be appointed at large from 23 Sarasota, Hardee, DeSoto, Charlotte, and Highlands Counties. 24 9.i. One member shall be appointed at large from Levy, 25 Marion, Citrus, Sumter, Hernando, Lake, Sarasota, Hardee, 26 DeSoto, Charlotte, and Highlands Counties. 27 28 No county described in subparagraph 7., subparagraph 8., or 29 subparagraph 9. sub-subparagraphs g., h., or i. shall have 30 more than one member on the governing board. 31 37 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 (2) Members of the governing boards shall be appointed 2 by the Governor, subject to confirmation by the Senate at the 3 next regular session of the Legislature, and the refusal or 4 failure of the Senate to confirm an appointment shall create a 5 vacancy in the office to which the appointment was made. 6 Section 15. Paragraph (a) of subsection (4) and 7 subsection (5) of section 373.079, Florida Statutes, are 8 amended to read: 9 373.079 Members of governing board; oath of office; 10 staff.-- 11 (4)(a) From among three recommendations by the 12 governing board, the Governor shall appoint an executive 13 director. The executive director shall serve at the pleasure 14 of the Governor and is responsible for communicating regularly 15 with the governing board, the department, and the Governor 16 regarding water resources issues. The initial appointment of 17 an executive director must be confirmed by the Senate. 18 Executive directors must be reconfirmed by the Senate every 4 19 years. The governing board of the district is authorized to 20 direct the daily activities of the executive director and to 21 employ an ombudsman executive director and such engineers, 22 other professional persons, and other personnel and assistants 23 as it deems necessary and under such terms and conditions as 24 it may determine and to terminate such employment. In the case 25 of the executive director, the governing board may recommend 26 termination to the Governor. The appointment of an executive 27 director must be initially confirmed by the Florida Senate. 28 The governing board may delegate all or part of its authority 29 under this paragraph to the executive director. 30 (5) The governing board may employ a legal staff for 31 the purposes of: 38 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 (a) Providing legal counsel to the governing board on 2 matters relating to the exercise of its powers and duties and 3 to the executive director and district staff on matters 4 relating to the day-to-day operations of the district; 5 (b) Representing it in all proceedings of an 6 administrative or judicial nature; and 7 (c) Otherwise assisting in the administration of the 8 provisions of this chapter. 9 10 Attorneys employed by the district must represent the legal 11 interest or position of the governing board. 12 Section 16. Section 373.0831, Florida Statutes, is 13 created to read: 14 373.0831 Water resource development; water supply 15 development.-- 16 (1) The Legislature finds that: 17 (a) The proper role of the water management districts 18 in water supply is primarily planning and water resource 19 development, but this does not preclude them from providing 20 assistance with water supply development. 21 (b) The proper role of local government, regional 22 water supply authorities, and government-owned and privately 23 owned water utilities in water supply is primarily water 24 supply development, but this does not preclude them from 25 providing assistance with water resource development. 26 (c) Water resource development and water supply 27 development must receive priority attention, where needed, to 28 increase the availability of sufficient water for all existing 29 and future reasonable-beneficial uses and natural systems. 30 (2) It is the intent of the Legislature that: 31 39 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 (a) Sufficient water be available for all existing and 2 future reasonable-beneficial uses and the natural systems, and 3 that the adverse effects of competition for water supplies be 4 avoided. 5 (b) Water management districts take the lead in 6 identifying and implementing water resource development 7 projects, and be responsible for securing necessary funding 8 for regionally significant water resource development 9 projects. 10 (c) Local governments, regional water supply 11 authorities, and government-owned and privately owned water 12 utilities take the lead in securing funds for and implementing 13 water supply development projects. Generally, direct 14 beneficiaries of water supply development projects should pay 15 the costs of the projects from which they benefit, and water 16 supply development projects should continue to be paid for 17 through local funding sources. A water resource development 18 project or water supply development project may not be 19 capitalized from donor county millage revenues when the land 20 for the project was purchased through the Conservation and 21 Recreational Lands Trust Fund and it is anticipated that the 22 project is designed primarily for intercounty transport of 23 ground or surface water. 24 (d) Water supply development be conducted in 25 coordination with water management district regional water 26 supply planning and water resource development. 27 (3) The water management districts shall fund and 28 implement water resource development as defined in s. 373.019. 29 Each governing board shall include in its annual budget the 30 amount needed for the fiscal year to implement water resource 31 40 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 development projects, as prioritized in its regional water 2 supply plans. 3 (4)(a) Water supply development projects which are 4 consistent with the relevant regional water supply plans and 5 which meet one or more of the following criteria shall receive 6 priority consideration for state or water management district 7 funding assistance: 8 1. The project supports establishment of a dependable, 9 sustainable supply of water which is not otherwise financially 10 feasible; 11 2. The project provides substantial environmental 12 benefits by preventing or limiting adverse water resource 13 impacts, but require funding assistance to be economically 14 competitive with other options; or 15 3. The project significantly implements reuse, 16 storage, recharge, or conservation of water in a manner that 17 contributes to the sustainability of regional water sources. 18 (b) Water supply development projects which meet the 19 criteria in paragraph (a) and also bring about replacement of 20 existing sources in order to help implement a minimum flow or 21 level shall be given first consideration for state or water 22 management district funding assistance. 23 (5) Beginning on January 1, 1998, and each January 1 24 thereafter, each water management district shall report to the 25 Governor and the Legislature on the progress it has made in 26 implementing water resource development. The report must 27 address, at a minimum, all of the elements in the water 28 resource development component described in s. 373.0361. 29 Section 17. Subsection (2) of section 373.223, Florida 30 Statutes, is amended to read: 31 373.223 Conditions for a permit.-- 41 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 (2) The governing board or the department may 2 authorize the holder of a use permit to transport and use 3 ground or surface water beyond overlying land, across county 4 boundaries, or outside the watershed from which it is taken if 5 the governing board or department determines that such 6 transport and use is consistent with the public interest, and 7 no local government shall adopt or enforce any law, ordinance, 8 rule, regulation, or order to the contrary. Except for the 9 Central and Southern Florida Flood Control Project, when 10 evaluating whether such a potential transport of ground or 11 surface water is consistent with the public interest, the 12 governing board or department may give significant weight to: 13 (a) The proximity of the proposed source of water to 14 the area in which it is to be used or applied. 15 (b) Other environmentally, economically, and 16 technically feasible alternatives to the source being 17 proposed, including, but not limited to, desalination, reuse, 18 stormwater, and aquifer storage and recovery. 19 (c) Cumulative impacts due to groundwater withdrawal. 20 (d) Affected local governments. 21 22 The governing board may also consider whether or not a 23 regional water supply authority supplies water in the area. A 24 permit decision by the governing board based on these 25 considerations shall not affect any perfected legal challenge 26 under chapter 120, an administrative challenge under chapter 27 120, or a judicial challenge, filed prior to the effective 28 date of this act. 29 Section 18. Section 373.236, Florida Statutes, is 30 amended to read: 31 373.236 Duration of permits.-- 42 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 (1) Permits shall may be granted for a any period of 2 time not exceeding 20 years, if requested for that period of 3 time, if there is sufficient data to provide reasonable 4 assurance that the conditions for permit issuance will be met 5 for the duration of the permit; otherwise permits may be 6 issued for shorter durations which reflect the period for 7 which such reasonable assurances can be provided. The 8 governing board or the department may base the duration of 9 permits on a reasonable system of classification according to 10 source of supply or type of use, or both. 11 (2) The governing board or the department may 12 authorize a permit of duration of up to 50 years in the case 13 of a municipality or other governmental body or of a public 14 works or public service corporation where such a period is 15 required to provide for the retirement of bonds for the 16 construction of waterworks and waste disposal facilities. 17 (3) Where necessary to maintain reasonable assurance 18 that the conditions for issuance of a 20-year permit can 19 continue to be met, the governing board or department, in 20 addition to any conditions required pursuant to s. 373.219, 21 may require a compliance report by the permittee every 5 years 22 during the term of a permit. This report shall contain 23 sufficient data to maintain reasonable assurance that the 24 initial conditions for permit issuance are met. Following 25 review of this report, the governing board or the department 26 may modify the permit to ensure that the use meets the 27 conditions for issuance. Permit modifications pursuant to 28 this subsection shall not be subject to competing 29 applications, provided there is no increase in the permitted 30 allocation or permit duration, and no change in source, except 31 for changes in source requested by the district. This 43 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 subsection shall not be construed to limit the existing 2 authority of the department or the governing board to modify 3 or revoke a consumptive use permit. 4 Section 19. By January 1, 1998, the Department of 5 Environmental Protection, in coordination with the appropriate 6 water management districts and the Department of Health, shall 7 transmit to the Speaker of the House of Representatives, the 8 President of the Senate, and the Governor a proposal for 9 reevaluating areas of the state which were previously 10 delineated by the Department of Environmental Protection 11 pursuant to s. 376.309(1)(e), Florida Statutes, as having 12 contaminated water supplies, including contamination from 13 ethylene dibromide, in order to ascertain whether or not the 14 contamination has been reduced to levels which do not pose a 15 threat to human health and to determine if the delineated 16 areas should be redrawn or removed. The proposal shall 17 reflect a systematic approach to the reevaluation, with an 18 emphasis on determining the current state of contamination, 19 potential remedies, the adequacy of existing remedies such as 20 requirements for grouting of well-casing, and relief to 21 affected citizens. The proposal shall also include estimates 22 of cost and recommendations as to available funding sources 23 for the reevaluation. Any deletion from, addition to, or 24 redrawing of the delineation areas shall be based on the 25 scientific evidence of the reevaluation conducted under this 26 subparagraph. 27 Section 20. Section 373.507, Florida Statutes, ia 28 amended to read: 29 373.507 Districts and basins; postaudits, budgets, 30 basins, and taxing authorities; budget and expense reports; 31 audits.-- 44 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 (1) Each district and basin referred to in this 2 chapter must shall furnish a detailed copy of its budget and 3 past year's expenditures to the Governor, the Legislature, and 4 the governing body of each county in which the district or 5 basin has jurisdiction or derives any funds for the operations 6 of the district or basin. 7 (2) Each district and basin referred to in this 8 chapter must, basin, and taxing authority shall make provision 9 for an annual postaudit of its financial accounts. The 10 postaudit must These postaudits shall be made in accordance 11 with the rules of the Auditor General adopted under 12 promulgated pursuant to ss. 166.241 and 11.47. 13 (3)(a) Each district referred to in this chapter must 14 furnish copies of the following documents to the Governor, the 15 President of the Senate, the Speaker of the House of 16 Representatives, the chairs of all legislative committees and 17 subcommittees with substantive or fiscal jurisdiction over 18 districts, as determined by the President or Speaker as 19 applicable, the secretary of the department, and the governing 20 body of each county in which the district has jurisdiction or 21 derives any funds for the operations of the district: 22 1. The tentative budget. 23 2. The adopted budget. 24 3. The past year's expenditures. 25 4. The postaudit described in subsection (2). 26 (b) The documents must be furnished by the earlier of 27 10 days following completion of each document or as otherwise 28 provided by law. 29 (c) If any entity in paragraph (a) provides written 30 comments to the district regarding any document furnished, the 31 district must respond to the comments in writing and furnish 45 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 copies of the comments and written responses to the other 2 entities. 3 Section 21. Subsections (1) and (3), and paragraphs 4 (a) and (c) of subsection (5), of section 373.536, Florida 5 Statutes, 1996 Supplement, are amended to read: 6 373.536 District budget and hearing thereon.-- 7 (1) The fiscal year of districts created under the 8 provisions of this chapter shall extend from October 1 of one 9 year through September 30 of the following year. The budget 10 officer of the district shall, on or before July 15 of each 11 year, submit for consideration by the governing board of the 12 district a tentative budget for the district covering its 13 proposed operation and requirements for the ensuing fiscal 14 year. Unless alternative notice requirements are otherwise 15 provided by law, notice of all budget hearings conducted by 16 the governing board or district staff must be published in a 17 newspaper of general circulation in each county in which the 18 district lies not less than 5 days nor more than 15 days 19 before the hearing. Budget workshops conducted for the public 20 and not governed by s. 200.065 must be advertised in a 21 newspaper of general circulation in the community or area in 22 which the workshop will occur not less than 5 days nor more 23 than 15 days before the workshop. The tentative budget shall 24 be adopted in accordance with the provisions of s. 200.065; 25 however, if the mailing of the notice of proposed property 26 taxes is delayed beyond September 3 in any county in which the 27 district lies, the district shall advertise its intention to 28 adopt a tentative budget and millage rate, pursuant to s. 29 200.065(3)(g), in a newspaper of general paid circulation in 30 that county. The budget shall set forth, classified by object 31 and purpose, and by fund if so designated, the proposed 46 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 expenditures of the district for bonds or other debt, for 2 construction, for acquisition of land, for operation and 3 maintenance of the district works, for the conduct of the 4 affairs of the district generally, and for other purposes, to 5 which may be added an amount to be held as a reserve. District 6 administrative and operating expenses must be identified in 7 the budget and allocated among district programs. 8 (3) As provided in s. 200.065(2)(d), the board shall 9 publish one or more notices of its intention to finally adopt 10 a budget for the district for the ensuing fiscal year. The 11 notice shall appear adjacent to an advertisement which shall 12 set forth the tentative budget in full. The notice and 13 advertisement shall be published in one or more newspapers 14 having a combined general circulation in the counties having 15 land in the district. Districts may include explanatory 16 phrases and examples in budget advertisements published under 17 s. 200.065 to clarify or illustrate the effect that the 18 district budget may have on ad valorem taxes. 19 (5)(a) The Executive Office of the Governor is 20 authorized to approve or disapprove, in whole or in part, the 21 budget of each water management district and shall analyze 22 each budget as to the adequacy of district expenditures 23 related to: water supply, including water resource 24 development projects identified in the district's regional 25 water supply plans; water quality; flood protection and 26 floodplain management; and natural systems. This analysis 27 shall be based on the particular needs within each water 28 management district in those four areas of responsibility and 29 on the available fiscal resources of the district. 30 (c) Each water management district shall, by August 1 31 5 of each year, submit for review a tentative budget to the 47 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 Governor, the President of the Senate, the Speaker of the 2 House of Representatives, the chairs of all legislative 3 committees and subcommittees with substantive or fiscal 4 jurisdiction over water management districts, the secretary of 5 the department, and the governing body of each county in which 6 the district has jurisdiction or derives any funds for the 7 operations of the district. The tentative budget, which must 8 include to the Department of Environmental Protection, the 9 Executive Office of the Governor, and the chairs of the 10 appropriations committees of the Legislature for review a 11 tentative budget that includes, but is not limited to, the 12 following information for the preceding fiscal year and the 13 current fiscal year, and the proposed amounts for the upcoming 14 fiscal year, in a standard format prescribed by the Executive 15 Office of the Governor department which is generally 16 consistent with the format prescribed by legislative budget 17 instructions for state agencies and the format requirements of 18 s. 216.031: 19 1. The millage rates and the percentage increase above 20 the rolled-back rate, together with a summary of the reasons 21 the increase is required, and the percentage increase in 22 taxable value resulting from new construction; 23 2. For each program area, the salary and benefits, 24 expenses, operating capital outlay, number of authorized 25 positions, and other personal services; 26 3. The total amount in the district budget for each 27 area of responsibility listed in paragraph (a) and for water 28 resource development projects identified in the district's 29 regional water supply plans. 30 4.3. A description of each new, expanded, reduced, or 31 eliminated program; 48 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 5.4. A 5-year capital improvements plan; and 2 6.5. The funding sources, including, but not limited 3 to, ad valorem taxes, Surface Water Improvement and Management 4 Program funds, other state funds, federal funds, and user fees 5 and permit fees for each program area. 6 Section 22. Subsection (1) and paragraph (a) of 7 subsection (4) of section 373.59, Florida Statutes, 1996 8 Supplement, are amended to read: 9 373.59 Water Management Lands Trust Fund.-- 10 (1) There is established within the Department of 11 Environmental Protection the Water Management Lands Trust Fund 12 to be used as a nonlapsing fund for the purposes of this 13 section. The moneys in this fund are hereby continually 14 appropriated for the purposes of land acquisition, management, 15 maintenance, capital improvements, payments in lieu of taxes, 16 and administration of the fund in accordance with the 17 provisions of this section. In addition, for fiscal year 18 1995-1996, moneys in the fund that are not revenues from the 19 sale of any bonds and that are not required for debt service 20 for any bond issue may be used to fund activities authorized 21 under the Surface Water Improvement and Management Act, 22 pursuant to ss. 373.451-373.4595, and for the control of 23 aquatic weeds pursuant to part II of chapter 369. Up to 25 24 percent of the moneys in the fund may be allocated annually to 25 the districts for management, maintenance, and capital 26 improvements pursuant to subsection (8) (7). 27 (4)(a) Moneys from the Water Management Lands Trust 28 Fund shall be used for acquiring the fee or other interest in 29 lands necessary for water management, water supply, and the 30 conservation and protection of water resources, except that 31 such moneys shall not be used for the acquisition of 49 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 rights-of-way for canals or pipelines. Such moneys shall also 2 be used for management, maintenance, and capital improvements. 3 Interests in real property acquired by the districts under 4 this section may be used for permittable water resource 5 development and water supply development purposes under the 6 following conditions: the minimum flows and levels of priority 7 water bodies on such lands have been established; the project 8 complies with all conditions for issuance of a permit under 9 part II of chapter 373; and the project is compatible with the 10 purposes for which the land was acquired. Lands acquired with 11 moneys from the fund shall be managed and maintained in an 12 environmentally acceptable manner and, to the extent 13 practicable, in such a way as to restore and protect their 14 natural state and condition. 15 Section 23. Paragraph (b) of subsection (4) of section 16 186.007, Florida Statutes, is amended to read: 17 186.007 State comprehensive plan; preparation; 18 revision.-- 19 (4) 20 (b) The purpose of the growth management portion of 21 the state comprehensive plan is to establish clear, concise, 22 and direct goals, objectives, and policies related to land 23 development, water resources, transportation, and related 24 topics. In doing so, the plan should, where possible, draw 25 upon the work that agencies have invested in the state land 26 development plan, the Florida Transportation Plan, the Florida 27 water state water use plan, and similar planning documents. 28 Section 24. Paragraph (n) of subsection (2) of section 29 186.009, Florida Statutes, is amended to read: 30 186.009 Growth management portion of the state 31 comprehensive plan.-- 50 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 (2) The growth management portion of the state 2 comprehensive plan shall: 3 (n) Set forth recommendations on how to integrate the 4 Florida water state water use plan required by s. 373.036, the 5 state land development plan required by s. 380.031(17), and 6 transportation plans required by chapter 339. 7 8 The growth management portion of the state comprehensive plan 9 shall not include a land use map. 10 Section 25. Subsections (1) and (7) of section 11 373.103, Florida Statutes, are amended to read: 12 373.103 Powers which may be vested in the governing 13 board at the department's discretion.--In addition to the 14 other powers and duties allowed it by law, the governing board 15 of a water management district may be specifically authorized 16 by the department to: 17 (1) Administer and enforce all provisions of this 18 chapter, including the permit systems established in parts II, 19 III, and IV of this chapter, consistent with the state water 20 resource implementation rule policy. 21 (7) Prepare, in cooperation with the department, that 22 part of the Florida water state water use plan applicable to 23 the district. 24 Section 26. Subsection (2) of section 373.114, Florida 25 Statutes, is amended to read: 26 373.114 Land and Water Adjudicatory Commission; review 27 of district rules and orders; department review of district 28 rules.-- 29 (2) The department shall have the exclusive authority 30 to review rules of the water management districts, other than 31 rules relating to internal management of the districts, to 51 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 ensure consistency with the state water resource 2 implementation rule policy as set forth in the rules of the 3 department. Within 30 days after adoption or revision of any 4 water management district rule, the department shall initiate 5 a review of such rule pursuant to this section. 6 (a) Within 30 days after adoption of a rule, any 7 affected person may request that a hearing be held before the 8 secretary of the department, at which hearing evidence and 9 argument may be presented relating to the consistency of the 10 rule with the state water resource implementation rule policy, 11 by filing a request for hearing with the department and 12 serving a copy on the water management district. 13 (b) If the department determines that the rule is 14 inconsistent with the state water resource implementation rule 15 policy, it may order the water management district to initiate 16 rulemaking proceedings to amend or repeal the rule. 17 (c) An order of the department requiring amendment or 18 repeal of a rule may be appealed to the Land and Water 19 Adjudicatory Commission by the water management district or 20 any other party to the proceeding before the secretary. 21 Section 27. Subsection (3) of section 373.418, Florida 22 Statutes, is amended to read: 23 373.418 Rulemaking; preservation of existing 24 authority.-- 25 (3) The department or governing boards may adopt such 26 rules as are necessary to implement the provisions of this 27 part. Such rules shall be consistent with the state water 28 resource implementation rule policy and shall not allow harm 29 to water resources or be contrary to the policy set forth in 30 s. 373.016. 31 52 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 Section 28. Subsection (2) of section 373.456, Florida 2 Statutes, is amended to read: 3 373.456 Approval of surface water improvement and 4 management plans.-- 5 (2) The department shall have the exclusive authority 6 to review the plan to ensure consistency with the state water 7 resource implementation rule policy and the State 8 Comprehensive Plan. 9 Section 29. Subsection (14) of section 403.031, 10 Florida Statutes, 1996 Supplement, is amended to read: 11 403.031 Definitions.--In construing this chapter, or 12 rules and regulations adopted pursuant hereto, the following 13 words, phrases, or terms, unless the context otherwise 14 indicates, have the following meanings: 15 (14) "State water resource implementation rule policy" 16 means the rule authorized by s. 373.036, which sets 17 comprehensive statewide policy as adopted by the department 18 pursuant to ss. 373.026 and 403.061, setting forth goals, 19 objectives, and guidance for the development and review of 20 programs, rules, and plans relating to water resources, based 21 on statutory policies and directives. The waters of the state 22 are among its most basic resources. Such waters should be 23 managed to conserve and protect water resources and to realize 24 the full beneficial use of these resources. 25 Section 30. Subsection (1) and paragraph (a) of 26 subsection (3) of section 403.0891, Florida Statutes, are 27 amended to read: 28 403.0891 State, regional, and local stormwater 29 management plans and programs.--The department, the water 30 management districts, and local governments shall have the 31 53 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HBs 715, 1249, 1321 & 1339 195-810A-97 1 responsibility for the development of mutually compatible 2 stormwater management programs. 3 (1) The department shall include goals in the state 4 water resource implementation rule policy for the proper 5 management of stormwater. 6 (3)(a) Each local government required by chapter 163 7 to submit a comprehensive plan, whose plan is submitted after 8 July 1, 1992, and the others when updated after July 1, 1992, 9 in the development of its stormwater management program 10 described by elements within its comprehensive plan shall 11 consider the state water resource implementation rule policy, 12 district stormwater management goals, plans approved pursuant 13 to the Surface Water Improvement and Management Act, ss. 14 373.451-373.4595, and technical assistance information 15 provided by the water management districts pursuant to s. 16 373.0391. 17 Section 31. Subsection (10) of section 373.026, 18 section 373.039, and subsection (33) of section 403.061, 19 Florida Statutes, are repealed. 20 Section 32. Effective January 1, 1999, section 21 373.0735, Florida Statutes, is repealed. 22 Section 33. Notwithstanding the provisions of sections 23 10 and 11 of this act, the establishment and implementation of 24 minimum flows and levels for priority waters in Pasco County 25 listed pursuant to chapter 96-339, Laws of Florida, and peer 26 review of the scientific or technical data and methodologies 27 utilized in establishing said minimum flows and levels shall 28 be governed by the provisions of chapter 96-339, Laws of 29 Florida. 30 Section 34. Except as otherwise provided herein, this 31 act shall take effect October 1, 1997. 54