House Bill 0715e1

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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1                      A bill to be entitled

  2         An act relating to water resources; amending s.

  3         373.016, F.S.; revising legislative policy;

  4         providing construction and application;

  5         amending s. 373.019, F.S.; revising

  6         definitions; defining "district water

  7         management plan," "Florida water plan,"

  8         "regional water supply plan," "water resource

  9         development," "water resource implementation

10         rule," and "water supply development;" amending

11         s. 373.036, F.S.; eliminating the state water

12         use plan; providing for development of the

13         Florida water plan, to include the water

14         resource implementation rule; providing

15         procedure for rule amendment; requiring water

16         management district governing boards to develop

17         district water management plans; creating s.

18         373.0361, F.S.; providing requirements for

19         regional water supply plans for regions

20         identified in district water management plans;

21         requiring an annual report; amending s.

22         373.042, F.S.; establishing exclusions from

23         minimum flows and levels requirements; revising

24         minimum flows and levels timing requirements;

25         providing for independent scientific peer

26         review; creating s. 373.0421, F.S.; requiring

27         certain considerations in establishment and

28         implementation of minimum flows and levels;

29         providing for implementation of recovery or

30         prevention strategies; amending s. 373.046,

31         F.S.; providing for interdistrict agreements


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1         for implementation of certain regulatory

  2         responsibilities; amending s. 373.0693, F.S.;

  3         correcting a cross reference; amending s.

  4         373.073, F.S.; revising procedure for

  5         appointment of members to the water management

  6         district governing boards; providing a

  7         timetable; amending s. 373.079, F.S.; revising

  8         procedure for appointment of district executive

  9         directors; providing respective authority of

10         the Governor and governing boards; authorizing

11         employment of governing board ombudsmen;

12         revising duties of governing board legal staff;

13         creating s. 373.0831, F.S.; specifying

14         governing board responsibilities for water

15         resource development and responsibilities of

16         other entities for water supply development;

17         providing for priorities for funding; requiring

18         a report; amending s. 373.223, F.S.; providing

19         requirements in considering authorization to

20         transport ground or surface water under a

21         permit for consumptive use of water; providing

22         restrictions; amending s. 373.236, F.S.;

23         revising provisions relating to duration of

24         consumptive use permits; requiring compliance

25         reports and permit modification, under certain

26         circumstances; requiring a proposal for

27         reevaluation of certain areas with contaminated

28         water supplies; amending s. 373.507, F.S.;

29         revising provisions relating to district and

30         basin audits, budgets, and expense reports;

31         requiring districts to furnish copies of


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1         documents to specified entities and to respond

  2         to comments; amending s. 373.536, F.S.;

  3         providing requirements for notice and

  4         advertisement of district budget hearings and

  5         workshops; providing requirements for budget

  6         identification of administrative and operating

  7         expenses; providing for certain analysis of

  8         budgets; revising requirements for submittal of

  9         tentative budgets; amending s. 373.59, F.S.;

10         deleting obsolete language; correcting a cross

11         reference; authorizing use of interests in

12         property acquired under the Water Management

13         Lands Trust Fund for permittable water resource

14         development and water supply development

15         purposes; amending ss. 186.007, 186.009,

16         373.103, 373.114, 373.418, 373.456, 403.031,

17         and 403.0891, F.S., to conform to the act;

18         repealing ss. 373.026(10), 373.039, and

19         403.061(33), F.S., relating to state water

20         policy and the Florida water plan; repealing s.

21         373.0735, F.S., relating to appointment of

22         members to the governing board of the Southwest

23         Florida Water Management District; providing

24         for grandfathering-in of minimum flows and

25         levels for priority waters in Pasco County and

26         Hillsborough County pursuant to provisions of

27         chapter 96-339, Laws of Florida; providing for

28         application of act to Hillsborough River and

29         the Palm River/Tampa By-Pass Canal; amending s.

30         373.1963, F.S.; providing for supplemental

31


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1         report from the West Coast Regional Water

  2         Supply Authority; providing an effective date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  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


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  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 2.  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,


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  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,


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  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.

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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  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


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  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 3.  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.--


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  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


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  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.


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  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.


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  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.

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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  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.


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1         Section 4.  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. A determination by the governing board

16  that initiation of a regional water supply plan for a specific

17  planning region is not needed pursuant to this section shall

18  be subject to s. 120.569.  The governing board shall

19  re-evaluate such a determination at least once every five

20  years and shall initiate a regional water supply plan, if

21  needed, pursuant to this subsection.

22         (2)  Each regional water supply plan shall be based on

23  at least a 20-year planning period and shall include, but not

24  be limited to:

25         (a)  A water supply development component that

26  includes:

27         1.  A quantification of the water supply needs for all

28  existing and reasonably projected future uses within the

29  planning horizon. The level-of-certainty planning goal

30  associated with identifying the water supply needs of existing

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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1  and future reasonable-beneficial uses shall be based upon

  2  meeting those needs for a 1-in-10 year drought event.

  3         2.  A list of water source options for water supply

  4  development, including traditional and alternative sources,

  5  from which local government, government-owned and privately

  6  owned utilities, self-suppliers, and others may choose, which

  7  will exceed the needs identified in subparagraph 1.

  8         3.  For each option listed in subparagraph 2., the

  9  estimated amount of water available for use and the estimated

10  costs of and potential sources of funding for water supply

11  development.

12         4.  A list of water supply development projects that

13  meet the criteria in s. 373.0831(4).

14         (b)  A water resource development component that

15  includes:

16         1.  A listing of those water resource development

17  projects that support water supply development.

18         2.  For each water resource development project listed:

19         a.  An estimate of the amount of water to become

20  available through the project.

21         b.  The timetable for implementing or constructing the

22  project and the estimated costs for implementing, operating,

23  and maintaining the project.

24         c.  Sources of funding and funding needs.

25         d.  Who will implement the project and how it will be

26  implemented.

27         (c)  The recovery and prevention strategy described in

28  s. 373.0421(2).

29         (d)  A funding strategy for water resource development

30  projects, which shall be reasonable and sufficient to pay the

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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1  cost of constructing or implementing all of the listed

  2  projects.

  3         (e)  Consideration of how the options addressed in

  4  paragraphs (a) and (b) serve the public interest or save costs

  5  overall by preventing the loss of natural resources or

  6  avoiding greater future expenditures for water resource

  7  development or water supply development. However, unless

  8  adopted by rule, these considerations do not constitute final

  9  agency action.

10         (f)  The technical data and information applicable to

11  the planning region which are contained in the district water

12  management plan and are necessary to support the regional

13  water supply plan.

14         (g)  The minimum flows and levels established for water

15  resources within the planning region.

16         (3) Regional water supply plans initiated or completed

17  by July 1, 1997, shall be revised, if necessary, to include a

18  water supply development component and a water resource

19  development component as described in paragraphs (2)(a) and

20  (b).

21         (4)  Governing board approval of a regional water

22  supply plan shall not be subject to the rulemaking

23  requirements of Chapter 120.  However, any portion of an

24  approved regional water supply plan which affects the

25  substantial interests of a party shall be subject to s.

26  120.569.

27         (5)  By November 15, 1997, and annually thereafter, the

28  department shall submit to the Governor and the Legislature a

29  report on the status of regional water supply planning in each

30  district.  The report shall include:

31


                                  17

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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1         (a)  A compilation of the estimated costs of and

  2  potential sources of funding for water resource development

  3  and water supply development projects, as identified in the

  4  water management district regional water supply plans.

  5         (b)  A description of each district's progress toward

  6  achieving its water resource development objectives, as

  7  directed by s. 373.0831(3), including the district's

  8  implementation of its 5-year water resource development work

  9  program.

10           (6)  Nothing contained in the water supply

11  development component of the district water management plan

12  shall be construed to require local governments,

13  government-owned or privately owned water utilities,

14  self-suppliers, or other water suppliers to select a water

15  supply development option identified in the component merely

16  because it is identified in the plan.  However, this

17  subsection shall not be construed to limit the authority of

18  the department or governing board under part II.

19         Section 5.  Section 373.042, Florida Statutes, 1996

20  Supplement, is amended to read:

21         373.042  Minimum flows and levels.--

22         (1)  Within each section, or the water management

23  district as a whole, the department or the governing board

24  shall establish the following:

25         (a)  Minimum flow for all surface watercourses in the

26  area.  The minimum flow for a given watercourse shall be the

27  limit at which further withdrawals would be significantly

28  harmful to the water resources or ecology of the area.

29         (b)  Minimum water level.  The minimum water level

30  shall be the level of groundwater in an aquifer and the level

31


                                  18

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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1  of surface water at which further withdrawals would be

  2  significantly harmful to the water resources of the area.

  3

  4  The minimum flow and minimum water level shall be calculated

  5  by the department and the governing board using the best

  6  information available.  When appropriate, minimum flows and

  7  levels may be calculated to reflect seasonal variations.  The

  8  department and the governing board shall also consider, and at

  9  their discretion may provide for, the protection of

10  nonconsumptive uses in the establishment of minimum flows and

11  levels.

12         (2)  By July 1, 1996, the Southwest Florida Water

13  Management District shall amend and submit to the department

14  for review and approval its priority list for the

15  establishment of minimum flows and levels and delineating the

16  order in which the governing board shall establish the minimum

17  flows and levels for surface watercourses, aquifers, and

18  surface water in the counties of Hillsborough, Pasco, and

19  Pinellas. By November 15, 1997, and annually thereafter, each

20  water management district shall submit to the department for

21  review and approval a priority list and schedule for the

22  establishment of minimum flows and levels for surface

23  watercourses, aquifers, and surface waters within the

24  district.  The priority list shall also identify those water

25  bodies for which the district will voluntarily undertake

26  independent scientific peer review.  By January 1, 1998, and

27  annually thereafter, each water management district shall

28  publish its approved priority list and schedule in the Florida

29  Administrative Weekly. The priority list shall be based upon

30  the importance of the waters to the state or region and the

31  existence of or potential for significant harm to the water


                                  19

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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1  resources or ecology of the state or region, and shall include

  2  those waters which are experiencing or may reasonably be

  3  expected to experience experiencing adverse impacts and those

  4  waters which are identified as possible new water supply

  5  sources proposing to withdraw 5 million gallons or more per

  6  day in the future.  The development of The priority list and

  7  schedule shall not be subject to any constitute a point of

  8  entry to an administrative proceeding pursuant to chapter 120.

  9  Except as provided in subsection (3), the development of a

10  priority list and compliance with the schedule for the

11  establishment of minimum flows and levels pursuant to this

12  subsection shall satisfy the requirements of subsection (1).

13         (3)  Minimum flows or levels for priority waters in the

14  Counties of Hillsborough, Pasco, and Pinellas subsection (2)

15  shall be established by October 1, 1997.  Where a minimum flow

16  or level for the priority waters within those counties has not

17  been established by the applicable deadline, the secretary of

18  the department shall, if requested by the governing body of

19  any local government within whose jurisdiction the affected

20  waters are located, establish the minimum flow or level flows

21  and levels in accordance with the procedures established by

22  this section.  The department's reasonable costs in

23  establishing a minimum flow or level shall, upon request of

24  the secretary, be reimbursed by the applicable district.

25         (4)(a)  Upon written request to the department or

26  governing board by a substantially affected person, or by

27  decision of the department or governing board, prior to the

28  establishment of a minimum flow or level and prior to the

29  filing of any petition for administrative hearing related to

30  the minimum flow or level, all scientific or technical data,

31  methodologies, and models, including all scientific and


                                  20

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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1  technical assumptions employed in each model, used to

  2  establish a minimum flow or level shall be subject to

  3  independent scientific peer review.  Independent scientific

  4  peer review means review by a panel of independent, recognized

  5  experts in the fields of hydrology, hydrogeology, limnology,

  6  biology, and other scientific disciplines, to the extent

  7  relevant to the establishment of the minimum flow or level.

  8         (b)  If independent scientific peer review is

  9  requested, it shall be initiated at an appropriate point

10  agreed upon by the department or governing board and the

11  person or persons requesting the peer review.  If no agreement

12  is reached, the department or governing board shall determine

13  the appropriate point at which to initiate peer review.  The

14  members of the peer review panel shall be selected within 60

15  days of the point of initiation by agreement of the department

16  or governing board and the person or persons requesting the

17  peer review.  If the panel is not selected within the 60-day

18  period, the time limitation may be waived upon the agreement

19  of all parties.  If no waiver occurs, the department or

20  governing board may proceed to select the peer review panel.

21  The cost of the peer review shall be borne equally by the

22  district and each party requesting the peer review, to the

23  extent economically feasible.  The panel shall submit a final

24  report to the governing board within 120 days after its

25  selection unless the deadline is waived by agreement of all

26  parties.  Initiation of peer review pursuant to this paragraph

27  shall toll any applicable deadline under chapter 120 or other

28  law or district rule regarding permitting, rulemaking, or

29  administrative hearings, until 60 days following submittal of

30  the final report.  Any such deadlines shall also be tolled for

31  60 days following withdrawal of the request or following


                                  21

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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1  agreement of the parties that peer review will no longer be

  2  pursued.  The department or the governing board shall give

  3  significant weight to the final report of the peer review

  4  panel when establishing the minimum flow or level.

  5         (c)  If the final data, methodologies, and models,

  6  including all scientific and technical assumptions employed in

  7  each model upon which a minimum flow or level is based, have

  8  undergone peer review pursuant to this subsection, by request

  9  or by decision of the department or governing board, no

10  further peer review shall be required with respect to that

11  minimum flow or level.

12         (d)  No minimum flow or level adopted by rule or

13  formally noticed for adoption on or before May 2, 1997, shall

14  be subject to the peer review provided for in this subsection.

15  Prior to the establishment of minimum flows or levels for

16  water resources areas identified in subsection (2), and prior

17  to filing any petition for administrative hearing, scientific

18  or technical data and methodologies, if in dispute, shall,

19  upon written request to the governing board by a substantially

20  affected person, be subject to independent scientific peer

21  review.  The members of the peer review panel shall be

22  selected by agreement of the parties in interest within 60

23  days after receipt of the request.  In the event the panel is

24  not selected within this time, then, upon the agreement of all

25  parties, the time may be waived, or, if no waiver occurs, the

26  governing board may proceed to establish the minimum flows and

27  levels. The cost of the peer review shall be borne equally by

28  the parties selecting the panel, to the extent economically

29  feasible.  The panel shall conduct at least one public meeting

30  of the full panel in accordance with s. 286.011(1) and (6)

31  prior to the submission of the final report.  The panel shall


                                  22

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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1  submit a final report to the governing board within 120 days

  2  after selection.  Upon request by all members of the panel and

  3  agreement of the parties, the time for submittal may be

  4  extended for up to 30 additional days.  In the event the final

  5  report is not submitted within such time, the governing board

  6  may proceed to establish the minimum flows and levels pursuant

  7  to this section. Filing of a request shall toll any applicable

  8  deadline under chapter 120, or other law or district rule,

  9  until 60 days following submittal of the final report.  Any

10  such deadlines shall also be tolled for 60 days following the

11  withdrawal of the request, agreement of the parties that peer

12  review will no longer be pursued, or failure to meet any

13  deadline set forth in this subsection.  If the selection of

14  the panel is subject to the requirements of chapter 287, then

15  the panel shall submit its final report to the governing board

16  within 120 days after the completion of the process required

17  pursuant to chapter 287.  The governing board shall give

18  significant weight to the final report of the panel in

19  establishing the minimum flow or level, as appropriate. The

20  final report may also be entered into the record by any party

21  to the proceeding in which the minimum flow or level is

22  applicable.

23         (5)  If a petition for administrative hearing is filed

24  under chapter 120 challenging the establishment of a the

25  minimum flow or level flows or levels, the report of an the

26  independent scientific peer review conducted under subsection

27  (4) is admissible as evidence in the final hearing, and the

28  administrative law judge hearing officer must render the order

29  within 120 days after the filing of the petition.  The time

30  limit for rendering the an order shall not be extended except

31  by agreement of all the parties.  To the extent that the


                                  23

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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1  parties agree to the findings of the peer review, they may

  2  stipulate that those findings be incorporated as findings of

  3  fact in the final order.

  4         Section 6.  Section 373.0421, Florida Statutes, is

  5  created to read:

  6         373.0421  Establishment and implementation of minimum

  7  flows and levels.--

  8         (1)  ESTABLISHMENT.--

  9         (a)  When establishing minimum flows and levels

10  pursuant to s. 373.042, the department or governing board

11  shall consider changes and structural alterations to

12  watersheds, surface waters, and aquifers and the effects such

13  changes or alterations have had, and the constraints such

14  changes or alterations have placed, on the hydrology of an

15  affected watershed, surface water, or aquifer, provided that

16  nothing in this paragraph shall allow significant harm as

17  provided by s. 373.042(1) caused by withdrawals.

18         (b)  Exclusions.--

19         1.  The Legislature recognizes that certain water

20  bodies no longer serve their historical hydrologic functions.

21  The Legislature also recognizes that recovery of these water

22  bodies to historical hydrologic conditions may not be

23  economically or technically feasible, and that such recovery

24  effort could cause adverse environmental or hydrologic

25  impacts.  Accordingly, the department or governing board may

26  determine that setting a minimum flow or level for such a

27  water body based on its historical condition is not

28  appropriate.

29         2.  The department or the governing board is not

30  required to establish minimum flows or levels pursuant to s.

31  373.042 for surface water bodies less than 25 acres in area,


                                  24

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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1  unless the water body or bodies, individually or cumulatively,

  2  have significant economic, environmental, or hydrologic value.

  3         3.  The department or the governing board shall not set

  4  minimum flows or levels pursuant to s. 373.042 for surface

  5  water bodies constructed prior to the requirement for a

  6  permit, or pursuant to an exemption, a permit, or a

  7  reclamation plan which regulates the size, depth, or function

  8  of the surface water body under the provisions of chapter 373,

  9  chapter 378, or chapter 403, unless the constructed surface

10  water body is of significant hydrologic value or is an

11  essential element of the water resources of the area.

12

13  The exclusions of subparagraphs 2 and 3 shall not apply to the

14  Everglades Protection Area, as defined in s. 373.4592(2)(h).

15         (2)  If the existing flow or level in a water body is

16  below, or is projected to fall within 20 years below, the

17  applicable minimum flow or level established pursuant to s.

18  373.042, the department or governing board, as part of the

19  regional water supply plan described in s. 373.0361, shall

20  expeditiously implement a recovery or prevention strategy,

21  which includes the development of additional water supplies

22  and other actions, consistent with the authority granted by

23  this chapter, to:

24         (a)  Achieve recovery to the established minimum flow

25  or level as soon as practicable; or

26         (b)  Prevent the existing flow or level from falling

27  below the established minimum flow or level.

28

29  The recovery or prevention strategy shall include phasing or a

30  timetable which will allow for the provision of sufficient

31  water supplies for all existing and projected


                                  25

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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1  reasonable-beneficial uses, including development of

  2  additional water supplies and implementation of conservation

  3  and other efficiency measures concurrent with to the extent

  4  practical, and to offset, reductions in permitted withdrawals,

  5  consistent with the provisions of this chapter.

  6         (3)  The provisions of this section are supplemental to

  7  any other specific requirements or authority provided by law.

  8  Minimum flows and levels shall be reevaluated periodically and

  9  revised as needed.

10         Section 7.  Subsection (6) is added to section 373.046,

11  Florida Statutes, 1996 Supplement, to read:

12         373.046  Interagency agreements.--

13         (6)  When the geographic area of a project or local

14  government crosses water management district boundaries, the

15  affected districts may designate a single affected district by

16  interagency agreement to implement in that area, under the

17  rules of the designated district, all or part of the

18  applicable regulatory responsibilities under chapter 373.

19  Interagency agreements entered into under this subsection

20  which apply to the geographic area of a local government must

21  have the concurrence of the affected local government. The

22  application under this subsection, by rule, of any existing

23  district rule that was adopted or formally noticed for

24  adoption on or before May 11, 1995, is not subject to s.

25  70.001.

26         Section 8.  Paragraph (a) of subsection (8) of section

27  373.0693, Florida Statutes, is amended to read:

28         373.0693  Basins; basin boards.--

29         (8)(a)  At 11:59 p.m. on June 30, 1988, the area

30  transferred from the Southwest Florida Water Management

31  District to the St. Johns River Water Management District by


                                  26

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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1  change of boundaries pursuant to chapter 76-243, Laws of

  2  Florida, shall cease to be a subdistrict or basin of the St.

  3  Johns River Water Management District known as the Oklawaha

  4  River Basin and said Oklawaha River Basin shall cease to

  5  exist.  However, any recognition of an Oklawaha River Basin or

  6  an Oklawaha River Hydrologic Basin for regulatory purposes

  7  shall be unaffected.  The area formerly known as the Oklawaha

  8  River Basin shall continue to be part of the St. Johns River

  9  Water Management District. There shall be established by the

10  governing board of the St. Johns River Water Management

11  District the Oklawaha River Basin Advisory Council to receive

12  public input and advise the St. Johns River Water Management

13  District's governing board on water management issues

14  affecting the Oklawaha River Basin. The Oklawaha River Basin

15  Advisory Council shall be appointed by action of the St. Johns

16  River Water Management District's governing board and shall

17  include one representative from each county which is wholly or

18  partly included in the Oklawaha River Basin.  The St. Johns

19  River Water Management District's governing board member

20  currently serving pursuant to s. 373.073(2)(c)3.

21  373.073(1)(b)3.c., shall serve as chair of the Oklawaha River

22  Basin Advisory Council.  Members of the Oklawaha River Basin

23  Advisory Council shall receive no compensation for their

24  services but are entitled to be reimbursed for per diem and

25  travel expenses as provided in s. 112.061.

26         Section 9.  Section 373.073, Florida Statutes, is

27  amended to read:

28         373.073  Governing board.--

29         (1)(a)  The governing board of each water management

30  district shall be composed of 9 members who shall reside

31  within the district, except that the Southwest Florida Water


                                  27

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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1  Management District shall be composed of 11 members who shall

  2  reside within the district. Members of the governing boards

  3  shall be appointed by the Governor, subject to confirmation by

  4  the Senate at the next regular session of the Legislature, and

  5  the refusal or failure of the Senate to confirm an appointment

  6  creates a vacancy in the office to which the appointment was

  7  made.  The term of office for a governing board member is 4

  8  years and commences on March 2 of the year in which the

  9  appointment is made and terminates on March 1 of the 4th

10  calendar year of the term.  Terms of office of governing board

11  members shall be staggered to help maintain consistency and

12  continuity in the exercise of governing board duties and to

13  minimize disruption in district operations. The term of office

14  of members of the board shall be 4 years and shall be

15  construed to commence on March 2 preceding the date of

16  appointment and to terminate March 1 of the year of the end of

17  a term.  Members of the governing boards continued under this

18  chapter shall be appointed from the district at large as

19  vacancies occur on the governing boards.  Such vacancies shall

20  be filled according to the residency requirements of paragraph

21  (b).

22         (b)  Commencing January 1, 1999, the Governor shall

23  appoint the following number of governing board members in

24  each year of the Governor's 4-year term of office:

25         1.  In the first year of the Governor's term of office,

26  the Governor shall appoint three members to the governing

27  board of each district.

28         2.  In the second year of the Governor's term of

29  office, the Governor shall appoint three members to the

30  governing board of the Southwest Florida Water Management

31


                                  28

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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1  District and two members to the governing board of each other

  2  district.

  3         3.  In the third year of the Governor's term of office,

  4  the Governor shall appoint three members to the governing

  5  board of the Southwest Florida Water Management District and

  6  two members to the governing board of each other district.

  7         4.  In the fourth year of the Governor's term of

  8  office, the Governor shall appoint two members to the

  9  governing board of each district.

10

11  For any governing board vacancy that occurs before the date

12  scheduled for the office to be filled under this paragraph,

13  the Governor shall appoint a person meeting residency

14  requirements of subsection (2) for a term that will expire on

15  the date scheduled for the term of that office to terminate

16  under this subsection.  In addition to the residency

17  requirements for the governing boards as provided by

18  subsection (2), the Governor shall consider appointing

19  governing board members to represent an equitable

20  cross-section of regional interests and technical expertise.

21         (2)(b)  Notwithstanding the provisions of any other

22  general or special law to the contrary, vacancies in the

23  governing boards of the water management districts shall be

24  filled according to the following residency requirements,

25  representing areas designated by the United States Water

26  Resources Council in United States Geological Survey, River

27  Basin and Hydrological Unit Map of Florida--1975, Map Series

28  No. 72:

29         (a)1.  Northwest Florida Water Management District:

30         1.a.  One member shall reside in the area generally

31  designated as the "Perdido River Basin-Perdido Bay Coastal


                                  29

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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1  Area-Lower Conecuh River-Escambia River Basin" hydrologic

  2  units and that portion of the "Escambia Bay Coastal Area"

  3  hydrologic unit which lies west of Pensacola Bay and Escambia

  4  Bay.

  5         2.b.  One member shall reside in the area generally

  6  designated as the "Blackwater River Basin-Yellow River

  7  Basin-Choctawhatchee Bay Coastal Area" hydrologic units and

  8  that portion of the "Escambia Bay Coastal Area" hydrologic

  9  unit which lies east of Pensacola Bay and Escambia Bay.

10         3.c.  One member shall reside in the area generally

11  designated as the "Choctawhatchee River Basin-St. Andrews Bay

12  Coastal Area" hydrologic units.

13         4.d.  One member shall reside in the area generally

14  designated as the "Lower Chattahoochee-Apalachicola

15  River-Chipola River Basin-Coastal Area between Ochlockonee

16  River Apalachicola Rivers-Apalachicola Bay coastal area and

17  offshore islands" hydrologic units.

18         5.e.  One member shall reside in the area generally

19  designated as the "Ochlockonee River Basin-St. Marks and

20  Wakulla Rivers and coastal area between Aucilla and

21  Ochlockonee River Basin" hydrologic units.

22         6.f.  Four members shall be appointed at large, except

23  that no county shall have more than two members on the

24  governing board.

25         (b)2.  Suwannee River Water Management District:

26         1.a.  One member shall reside in the area generally

27  designated as the "Aucilla River Basin" hydrologic unit.

28         2.b.  One member shall reside in the area generally

29  designated as the "Coastal Area between Suwannee and Aucilla

30  Rivers" hydrologic unit.

31


                                  30

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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1         3.c.  One member shall reside in the area generally

  2  designated as the "Withlacoochee River Basin-Alapaha River

  3  Basin-Suwannee River Basin above the Withlacoochee River"

  4  hydrologic units.

  5         4.d.  One member shall reside in the area generally

  6  designated as the "Suwannee River Basin below the

  7  Withlacoochee River excluding the Santa Fe River Basin"

  8  hydrologic unit.

  9         5.e.  One member shall reside in the area generally

10  designated as the "Santa Fe Basin-Waccasassa River and coastal

11  area between Withlacoochee and Suwannee River" hydrologic

12  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         (c)3.  St. Johns River Water Management District:

17         1.a.  One member shall reside in the area generally

18  designated as the "St. Mary River Basin-Coastal area between

19  St. Marys and St. Johns Rivers" hydrologic units.

20         2.b.  One member shall reside in the area generally

21  designated as the "St. Johns River Basin below Oklawaha

22  River-Coastal area between the St. Johns River and Ponce de

23  Leon Inlet" hydrologic units.

24         3.c.  One member shall reside in the area generally

25  designated as the "Oklawaha River Basin" hydrologic unit.

26         4.d.  One member shall reside in the area generally

27  designated as the "St. Johns River Basin above the Oklawaha

28  River" hydrologic unit.

29         5.e.  One member shall reside in the area generally

30  designated as the "Coastal area between Ponce de Leon Inlet

31


                                  31

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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1  and Sebastian Inlet-Coastal area Sebastian Inlet to St. Lucie

  2  River" hydrologic 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         (d)4.  South Florida Water Management District:

  7         1.a.  Two members shall reside in Dade County.

  8         2.b.  One member shall reside in Broward County.

  9         3.c.  One member shall reside in Palm Beach County.

10         4.d.  One member shall reside in Collier County, Lee

11  County, Hendry County, or Charlotte County.

12         5.e.  One member shall reside in Glades County,

13  Okeechobee County, Highlands County, Polk County, Orange

14  County, or Osceola County.

15         6.f.  Two members, appointed at large, shall reside in

16  an area consisting of St. Lucie, Martin, Palm Beach, Broward,

17  Dade, and Monroe Counties.

18         7.g.  One member, appointed at large, shall reside in

19  an area consisting of Collier, Lee, Charlotte, Hendry, Glades,

20  Osceola, Okeechobee, Polk, Highlands, and Orange Counties.

21         8.h.  No county shall have more than three members on

22  the governing board.

23         (e)5.  Southwest Florida Water Management District:

24         1.a.  Two members shall reside in Hillsborough County.

25         2.b.  One member shall reside in the area consisting of

26  Hillsborough and Pinellas Counties.

27         3.c.  Two members shall reside in Pinellas County.

28         4.d.  One member shall reside in Manatee County.

29         5.e.  One member shall reside in Polk County.

30         6.f.  One member shall reside in Pasco County.

31


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1         7.g.  One member shall be appointed at large from Levy,

  2  Marion, Citrus, Sumter, Hernando, and Lake Counties.

  3         8.h.  One member shall be appointed at large from

  4  Sarasota, Hardee, DeSoto, Charlotte, and Highlands Counties.

  5         9.i.  One member shall be appointed at large from Levy,

  6  Marion, Citrus, Sumter, Hernando, Lake, Sarasota, Hardee,

  7  DeSoto, Charlotte, and Highlands Counties.

  8

  9  No county described in subparagraph 7., subparagraph 8., or

10  subparagraph 9. sub-subparagraphs g., h., or i. shall have

11  more than one member on the governing board.

12         (2)  Members of the governing boards shall be appointed

13  by the Governor, subject to confirmation by the Senate at the

14  next regular session of the Legislature, and the refusal or

15  failure of the Senate to confirm an appointment shall create a

16  vacancy in the office to which the appointment was made.

17         Section 10.  Paragraph (a) of subsection (4) and

18  subsection (5) of section 373.079, Florida Statutes, are

19  amended to read:

20         373.079  Members of governing board; oath of office;

21  staff.--

22         (4)(a)  The governing board of the district is

23  authorized to employ an executive director, ombudsman, and

24  such engineers, other professional persons, and other

25  personnel and assistants as it deems necessary and under such

26  terms and conditions as it may determine and to terminate such

27  employment.  The appointment of an executive director by the

28  governing board is subject to approval by the Governor and

29  must be initially confirmed by the Florida Senate.  The

30  governing board may delegate all or part of its authority

31  under this paragraph to the executive director. The executive


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1  director must be confirmed by the Senate upon employment and

  2  must be confirmed or reconfirmed by the Senate during the

  3  second regular session of the Legislature following a

  4  gubernatorial election.

  5         (5)  The governing board may employ a legal staff for

  6  the purposes of:

  7         (a)  Providing legal counsel to the governing board on

  8  matters relating to the exercise of its powers and duties and

  9  to the executive director and district staff on matters

10  relating to the day-to-day operations of the district;

11         (b)  Representing it in all proceedings of an

12  administrative or judicial nature; and

13         (c)  Otherwise assisting in the administration of the

14  provisions of this chapter.

15

16  Attorneys employed by the district must represent the legal

17  interest or position of the governing board.

18         Section 11.  Section 373.0831, Florida Statutes, is

19  created to read:

20         373.0831  Water resource development; water supply

21  development.--

22         (1)  The Legislature finds that:

23         (a)  The proper role of the water management districts

24  in water supply is primarily planning and water resource

25  development, but this does not preclude them from providing

26  assistance with water supply development.

27         (b)  The proper role of local government, regional

28  water supply authorities, and government-owned and privately

29  owned water utilities in water supply is primarily water

30  supply development, but this does not preclude them from

31  providing assistance with water resource development.


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1         (c)  Water resource development and water supply

  2  development must receive priority attention, where needed, to

  3  increase the availability of sufficient water for all existing

  4  and future reasonable-beneficial uses and natural systems.

  5         (2)  It is the intent of the Legislature that:

  6         (a)  Sufficient water be available for all existing and

  7  future reasonable-beneficial uses and the natural systems, and

  8  that the adverse effects of competition for water supplies be

  9  avoided.

10         (b)  Water management districts take the lead in

11  identifying and implementing water resource development

12  projects, and be responsible for securing necessary funding

13  for regionally significant water resource development

14  projects.

15         (c)  Local governments, regional water supply

16  authorities, and government-owned and privately owned water

17  utilities take the lead in securing funds for and implementing

18  water supply development projects. Generally, direct

19  beneficiaries of water supply development projects should pay

20  the costs of the projects from which they benefit, and water

21  supply development projects should continue to be paid for

22  through local funding sources. A water resource development

23  project or water supply development project may not be

24  capitalized from donor county millage revenues when the land

25  for the project was purchased through the Conservation and

26  Recreational Lands Trust Fund and it is anticipated that the

27  project is designed primarily for intercounty transport of

28  ground or surface water.

29         (d)  Water supply development be conducted in

30  coordination with water management district regional water

31  supply planning and water resource development.


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1         (3)  The water management districts shall fund and

  2  implement water resource development as defined in s. 373.019.

  3  Each governing board shall include in its annual budget the

  4  amount needed for the fiscal year to implement water resource

  5  development projects, as prioritized in its regional water

  6  supply plans.

  7         (4)(a)  Water supply development projects which are

  8  consistent with the relevant regional water supply plans and

  9  which meet one or more of the following criteria shall receive

10  priority consideration for state or water management district

11  funding assistance:

12         1.  The project supports establishment of a dependable,

13  sustainable supply of water which is not otherwise financially

14  feasible;

15         2.  The project provides substantial environmental

16  benefits by preventing or limiting adverse water resource

17  impacts, but require funding assistance to be economically

18  competitive with other options; or

19         3.  The project significantly implements reuse,

20  storage, recharge, or conservation of water in a manner that

21  contributes to the sustainability of regional water sources.

22         (b)  Water supply development projects which meet the

23  criteria in paragraph (a) and also bring about replacement of

24  existing sources in order to help implement a minimum flow or

25  level shall be given first consideration for state or water

26  management district funding assistance.

27         Section 12.  Subsection (2) of section 373.223, Florida

28  Statutes, is amended to read:

29         373.223  Conditions for a permit.--

30         (2)  The governing board or the department may

31  authorize the holder of a use permit to transport and use


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1  ground or surface water beyond overlying land, across county

  2  boundaries, or outside the watershed from which it is taken if

  3  the governing board or department determines that such

  4  transport and use is consistent with the public interest, and

  5  no local government shall adopt or enforce any law, ordinance,

  6  rule, regulation, or order to the contrary. Except for the

  7  Central and Southern Florida Flood Control Project, when

  8  evaluating whether such a potential transport of ground or

  9  surface water is consistent with the public interest, the

10  governing board or department may give significant weight to:

11         (a)  The proximity of the proposed source of water to

12  the area in which it is to be used or applied.

13         (b)  Other environmentally, economically, and

14  technically feasible alternatives to the source being

15  proposed, including, but not limited to, desalination, reuse,

16  stormwater, and aquifer storage and recovery.

17         (c)  Cumulative impacts due to groundwater withdrawal.

18         (d)  Affected local governments.

19

20  The governing board may also consider whether or not a

21  regional water supply authority supplies water in the area. A

22  permit decision by the governing board based on these

23  considerations shall not affect any perfected legal challenge

24  under chapter 120, an administrative challenge under chapter

25  120, or a judicial challenge, filed prior to the effective

26  date of this act.

27         Section 13.  Section 373.236, Florida Statutes, is

28  amended to read:

29         373.236  Duration of permits.--

30         (1)  Permits shall may be granted for a any period of

31  time not exceeding 20 years, if requested for that period of


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1  time, if there is sufficient data to provide reasonable

  2  assurance that the conditions for permit issuance will be met

  3  for the duration of the permit; otherwise permits may be

  4  issued for shorter durations which reflect the period for

  5  which such reasonable assurances can be provided. The

  6  governing board or the department may base the duration of

  7  permits on a reasonable system of classification according to

  8  source of supply or type of use, or both.

  9         (2)  The governing board or the department may

10  authorize a permit of duration of up to 50 years in the case

11  of a municipality or other governmental body or of a public

12  works or public service corporation where such a period is

13  required to provide for the retirement of bonds for the

14  construction of waterworks and waste disposal facilities.

15         (3)  Where necessary to maintain reasonable assurance

16  that the conditions for issuance of a 20-year permit can

17  continue to be met, the governing board or department, in

18  addition to any conditions required pursuant to s. 373.219,

19  may require a compliance report by the permittee every 5 years

20  during the term of a permit.  This report shall contain

21  sufficient data to maintain reasonable assurance that the

22  initial conditions for permit issuance are met.  Following

23  review of this report, the governing board or the department

24  may modify the permit to ensure that the use meets the

25  conditions for issuance.  Permit modifications pursuant to

26  this subsection shall not be subject to competing

27  applications, provided there is no increase in the permitted

28  allocation or permit duration, and no change in source, except

29  for changes in source requested by the district.  This

30  subsection shall not be construed to limit the existing

31


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1  authority of the department or the governing board to modify

  2  or revoke a consumptive use permit.

  3         Section 14.  By January 1, 1998, the Department of

  4  Environmental Protection, in coordination with the appropriate

  5  water management districts and the Department of Health, shall

  6  transmit to the Speaker of the House of Representatives, the

  7  President of the Senate, and the Governor a proposal for

  8  reevaluating areas of the state which were previously

  9  delineated by the Department of Environmental Protection

10  pursuant to s. 376.309(1)(e), Florida Statutes, as having

11  contaminated water supplies, including contamination from

12  ethylene dibromide, in order to ascertain whether or not the

13  contamination has been reduced to levels which do not pose a

14  threat to human health and to determine if the delineated

15  areas should be redrawn or removed.  The proposal shall

16  reflect a systematic approach to the reevaluation, with an

17  emphasis on determining the current state of contamination,

18  potential remedies, the adequacy of existing remedies such as

19  requirements for grouting of well-casing, and relief to

20  affected citizens.  The proposal shall also include estimates

21  of cost and recommendations as to available funding sources

22  for the reevaluation.  Any deletion from, addition to, or

23  redrawing of the delineation areas shall be based on the

24  scientific evidence of the reevaluation conducted under this

25  subparagraph.

26         Section 15.  Section 373.507, Florida Statutes, ia

27  amended to read:

28         373.507  Districts and basins; postaudits, budgets,

29  basins, and taxing authorities; budget and expense reports;

30  audits.--

31


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  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


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1  copies of the comments and written responses to the other

  2  entities.

  3         Section 16.  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


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  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 fiscal resources available

23  to the district and the adequacy of district expenditures

24  related to water supply, including water resource development

25  projects identified in the district's regional water supply

26  plans; water quality; flood protection and floodplain

27  management; and natural systems.  This analysis shall be based

28  on the particular needs within each water management district

29  in those four areas of responsibility.

30         (c)  Each water management district shall, by August 1

31  5 of each year, submit for review a tentative budget to the


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  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;


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1         5.4.  A 5-year capital improvements plan; and

  2         6.  A proposed five-year water resource development

  3  work program, that describes the district's implementation

  4  strategy for the water resource development component of each

  5  approved regional water supply plan developed or revised

  6  pursuant to s. 373.0361.  The work program shall address all

  7  the elements of the water resource development component in

  8  the district's approved regional water supply plans.  The

  9  Office of the Governor, with the assistance of the department,

10  shall review the proposed work program.  The review shall

11  include a written evaluation of its consistency with and

12  furtherance of the district's approved regional water supply

13  plans, and adequacy of proposed expenditures. As part of the

14  review, the Executive Office of the Governor and the

15  department shall afford to all interested parties the

16  opportunity to provide written comments on each district's

17  proposed work program. At least seven days prior to the

18  adoption of its final budget, the governing board shall state

19  in writing to the Executive Office of the Governor which

20  changes recommended in the evaluation it will incorporate into

21  its work program, or specify the reasons for not incorporating

22  the changes.  The Office of the Governor shall include the

23  district's responses in the written evaluation and shall

24  submit a copy of the evaluation to the Legislature; and

25         7.5.  The funding sources, including, but not limited

26  to, ad valorem taxes, Surface Water Improvement and Management

27  Program funds, other state funds, federal funds, and user fees

28  and permit fees for each program area.

29         (d)  The department shall, by September 5 of the year

30  in which the budget is submitted, after taking into account

31  continuing and proposed program needs, provide its review and


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1  comments to the governing board and the Governor.  By

  2  September 5 of the year in which the budget is submitted, the

  3  Executive Office of the Governor and the House and Senate

  4  appropriations chairs may transmit to each district comments

  5  and objections to the proposed budgets.  Each district

  6  governing board shall include a response to such comments and

  7  objections in the record of the governing board meeting where

  8  final adoption of the budget takes place, and the record of

  9  this meeting shall be transmitted to the Executive Office of

10  the Governor, the department, and the chairs of the House and

11  Senate appropriations committees.

12         (e)  The Executive Office of the Governor department

13  shall annually, on or before December 15, file with the

14  Governor and the Legislature a report that summarizes the

15  expenditures of the water management districts by program area

16  and identifies the districts that are not in compliance with

17  the reporting requirements of this section.  State funds shall

18  be withheld from a water management district that fails to

19  comply with these reporting requirements.

20         Section 17.  Subsection (1) and paragraph (a) of

21  subsection (4) of section 373.59, Florida Statutes, 1996

22  Supplement, are amended to read:

23         373.59  Water Management Lands Trust Fund.--

24         (1)  There is established within the Department of

25  Environmental Protection the Water Management Lands Trust Fund

26  to be used as a nonlapsing fund for the purposes of this

27  section. The moneys in this fund are hereby continually

28  appropriated for the purposes of land acquisition, management,

29  maintenance, capital improvements, payments in lieu of taxes,

30  and administration of the fund in accordance with the

31  provisions of this section. In addition, for fiscal year


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1  1995-1996, moneys in the fund that are not revenues from the

  2  sale of any bonds and that are not required for debt service

  3  for any bond issue may be used to fund activities authorized

  4  under the Surface Water Improvement and Management Act,

  5  pursuant to ss. 373.451-373.4595, and for the control of

  6  aquatic weeds pursuant to part II of chapter 369. Up to 25

  7  percent of the moneys in the fund may be allocated annually to

  8  the districts for management, maintenance, and capital

  9  improvements pursuant to subsection (8) (7).

10         (4)(a)  Moneys from the Water Management Lands Trust

11  Fund shall be used for acquiring the fee or other interest in

12  lands necessary for water management, water supply, and the

13  conservation and protection of water resources, except that

14  such moneys shall not be used for the acquisition of

15  rights-of-way for canals or pipelines.  Such moneys shall also

16  be used for management, maintenance, and capital improvements.

17  Interests in real property acquired by the districts under

18  this section may be used for permittable water resource

19  development and water supply development purposes under the

20  following conditions: the minimum flows and levels of priority

21  water bodies on such lands have been established; the project

22  complies with all conditions for issuance of a permit under

23  part II of chapter 373; and the project is compatible with the

24  purposes for which the land was acquired.  Lands acquired with

25  moneys from the fund shall be managed and maintained in an

26  environmentally acceptable manner and, to the extent

27  practicable, in such a way as to restore and protect their

28  natural state and condition.

29         Section 18.  Paragraph (b) of subsection (4) of section

30  186.007, Florida Statutes, is amended to read:

31


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1         186.007  State comprehensive plan; preparation;

  2  revision.--

  3         (4)

  4         (b)  The purpose of the growth management portion of

  5  the state comprehensive plan is to establish clear, concise,

  6  and direct goals, objectives, and policies related to land

  7  development, water resources, transportation, and related

  8  topics.  In doing so, the plan should, where possible, draw

  9  upon the work that agencies have invested in the state land

10  development plan, the Florida Transportation Plan, the Florida

11  water state water use plan, and similar planning documents.

12         Section 19.  Paragraph (n) of subsection (2) of section

13  186.009, Florida Statutes, is amended to read:

14         186.009  Growth management portion of the state

15  comprehensive plan.--

16         (2)  The growth management portion of the state

17  comprehensive plan shall:

18         (n)  Set forth recommendations on how to integrate the

19  Florida water state water use plan required by s. 373.036, the

20  state land development plan required by s. 380.031(17), and

21  transportation plans required by chapter 339.

22

23  The growth management portion of the state comprehensive plan

24  shall not include a land use map.

25         Section 20.  Subsections (1) and (7) of section

26  373.103, Florida Statutes, are amended to read:

27         373.103  Powers which may be vested in the governing

28  board at the department's discretion.--In addition to the

29  other powers and duties allowed it by law, the governing board

30  of a water management district may be specifically authorized

31  by the department to:


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1         (1)  Administer and enforce all provisions of this

  2  chapter, including the permit systems established in parts II,

  3  III, and IV of this chapter, consistent with the state water

  4  resource implementation rule policy.

  5         (7)  Prepare, in cooperation with the department, that

  6  part of the Florida water state water use plan applicable to

  7  the district.

  8         Section 21.  Subsection (2) of section 373.114, Florida

  9  Statutes, is amended to read:

10         373.114  Land and Water Adjudicatory Commission; review

11  of district rules and orders; department review of district

12  rules.--

13         (2)  The department shall have the exclusive authority

14  to review rules of the water management districts, other than

15  rules relating to internal management of the districts, to

16  ensure consistency with the state water resource

17  implementation rule policy as set forth in the rules of the

18  department.  Within 30 days after adoption or revision of any

19  water management district rule, the department shall initiate

20  a review of such rule pursuant to this section.

21         (a)  Within 30 days after adoption of a rule, any

22  affected person may request that a hearing be held before the

23  secretary of the department, at which hearing evidence and

24  argument may be presented relating to the consistency of the

25  rule with the state water resource implementation rule policy,

26  by filing a request for hearing with the department and

27  serving a copy on the water management district.

28         (b)  If the department determines that the rule is

29  inconsistent with the state water resource implementation rule

30  policy, it may order the water management district to initiate

31  rulemaking proceedings to amend or repeal the rule.


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1         (c)  An order of the department requiring amendment or

  2  repeal of a rule may be appealed to the Land and Water

  3  Adjudicatory Commission by the water management district or

  4  any other party to the proceeding before the secretary.

  5         Section 22.  Subsection (3) of section 373.418, Florida

  6  Statutes, is amended to read:

  7         373.418  Rulemaking; preservation of existing

  8  authority.--

  9         (3)  The department or governing boards may adopt such

10  rules as are necessary to implement the provisions of this

11  part. Such rules shall be consistent with the state water

12  resource implementation rule policy and shall not allow harm

13  to water resources or be contrary to the policy set forth in

14  s. 373.016.

15         Section 23.  Subsection (2) of section 373.456, Florida

16  Statutes, is amended to read:

17         373.456  Approval of surface water improvement and

18  management plans.--

19         (2)  The department shall have the exclusive authority

20  to review the plan to ensure consistency with the state water

21  resource implementation rule policy and the State

22  Comprehensive Plan.

23         Section 24.  Subsection (14) of section 403.031,

24  Florida Statutes, 1996 Supplement, is amended to read:

25         403.031  Definitions.--In construing this chapter, or

26  rules and regulations adopted pursuant hereto, the following

27  words, phrases, or terms, unless the context otherwise

28  indicates, have the following meanings:

29         (14)  "State water resource implementation rule policy"

30  means the rule authorized by s. 373.036, which sets

31  comprehensive statewide policy as adopted by the department


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1  pursuant to ss. 373.026 and 403.061, setting forth goals,

  2  objectives, and guidance for the development and review of

  3  programs, rules, and plans relating to water resources, based

  4  on statutory policies and directives. The waters of the state

  5  are among its most basic resources. Such waters should be

  6  managed to conserve and protect water resources and to realize

  7  the full beneficial use of these resources.

  8         Section 25.  Subsection (1) and paragraph (a) of

  9  subsection (3) of section 403.0891, Florida Statutes, are

10  amended to read:

11         403.0891  State, regional, and local stormwater

12  management plans and programs.--The department, the water

13  management districts, and local governments shall have the

14  responsibility for the development of mutually compatible

15  stormwater management programs.

16         (1)  The department shall include goals in the state

17  water resource implementation rule policy for the proper

18  management of stormwater.

19         (3)(a)  Each local government required by chapter 163

20  to submit a comprehensive plan, whose plan is submitted after

21  July 1, 1992, and the others when updated after July 1, 1992,

22  in the development of its stormwater management program

23  described by elements within its comprehensive plan shall

24  consider the state water resource implementation rule policy,

25  district stormwater management goals, plans approved pursuant

26  to the Surface Water Improvement and Management Act, ss.

27  373.451-373.4595, and technical assistance information

28  provided by the water management districts pursuant to s.

29  373.0391.

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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1         Section 26.  Subsection (10) of section 373.026,

  2  section 373.039, and subsection (33) of section 403.061,

  3  Florida Statutes, are repealed.

  4         Section 27.  Effective January 1, 1999, section

  5  373.0735, Florida Statutes, is repealed.

  6         Section 28.  Notwithstanding the provisions of sections

  7  10 and 11 of this act, the establishment and implementation of

  8  minimum flows and levels for priority waters in Pasco County

  9  and Hillsborough County listed pursuant to chapter 96-339,

10  Laws of Florida, and peer review of the scientific or

11  technical data and methodologies utilized in establishing said

12  minimum flows and levels shall be governed by the provisions

13  of chapter 96-339, Laws of Florida. The establishment and

14  implementation of minimum flows for the Hillsborough River and

15  the Palm River/Tampa By-Pass Canal shall be governed by the

16  provisions of this act.

17         Section 29.  Section 373.1963(1), Florida Statutes,

18  1996 Supplement, is substantially amended to read:

19         373.1963  Assistance to West Coast Regional Water

20  Supply Authority.--

21         (1)  It is the intent of the Legislature to encourage

22  and facilitate the implementation of the changes in governance

23  recommended by the West Coast Regional Water Supply Authority

24  in its report to the Legislature dated February 1, 1997.  The

25  Authority shall submit a supplemental report to the Speaker of

26  the House of Representatives and the President of the Senate

27  on the status of implementing its prior recommendations for

28  changes in governance by January 5, 1998.  The Authority is

29  authorized to reconstitute its governance under a voluntary

30  interlocal agreement with a term of not less than 20 years.

31


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                    CS/HBs 715, 1249, 1321 & 1339, First Engrossed



  1         Section 30.  Except as otherwise provided herein, this

  2  act shall take effect October 1, 1997.

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