House Bill 0715e2
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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.; revising minimum flows and
23
levels timing requirements; providing for
24
independent scientific peer review; creating s.
25
373.0421, F.S.; requiring certain
26
considerations in establishment and
27
implementation of minimum flows and levels;
28
providing for implementation of recovery or
29
prevention strategies; amending s. 373.046,
30
F.S.; providing for interdistrict agreements
31
for implementation of certain regulatory
1
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second Engrossed
1
responsibilities; amending s. 373.0693, F.S.;
2
correcting a cross reference; amending s.
3
373.073, F.S.; revising procedure for
4
appointment of members to the water management
5
district governing boards; providing a
6
timetable; amending s. 373.079, F.S.; requiring
7
the Governor to select a governing board member
8
as chair of the governing board; revising
9
procedure for appointment of district executive
10
directors; providing respective authority of
11
the Governor and governing boards; authorizing
12
employment of governing board ombudsmen;
13
revising duties of governing board legal staff;
14
creating s. 373.0831, F.S.; specifying
15
governing board responsibilities for water
16
resource development and responsibilities of
17
other entities for water supply development;
18
providing for priorities for funding; requiring
19
a report; amending s. 373.223, F.S.; providing
20
requirements in considering authorization to
21
transport ground or surface water under a
22
permit for consumptive use of water; providing
23
restrictions; amending s. 373.236, F.S.;
24
revising provisions relating to duration of
25
consumptive use permits; requiring compliance
26
reports and permit modification, under certain
27
circumstances; requiring a proposal for
28
reevaluation of certain areas with contaminated
29
water supplies; amending s. 373.507, F.S.;
30
revising provisions relating to district and
31
basin audits, budgets, and expense reports;
2
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second Engrossed
1
requiring districts to furnish copies of
2
documents to specified entities and to respond
3
to comments; amending s. 373.536, F.S.;
4
providing requirements for notice and
5
advertisement of district budget hearings and
6
workshops; providing requirements for budget
7
identification of administrative and operating
8
expenses; providing for certain analysis of
9
budgets; revising requirements for submittal of
10
tentative budgets; amending s. 373.59, F.S.;
11
deleting obsolete language; correcting a cross
12
reference; authorizing use of interests in
13
property acquired under the Water Management
14
Lands Trust Fund for permittable water resource
15
development and water supply development
16
purposes; amending ss. 186.007, 186.009,
17
373.103, 373.114, 373.418, 373.456, 403.031,
18
and 403.0891, F.S., to conform to the act;
19
repealing ss. 373.026(10), 373.039, and
20
403.061(33), F.S., relating to state water
21
policy and the Florida water plan; repealing s.
22
373.0735, F.S., relating to appointment of
23
members to the governing board of the Southwest
24
Florida Water Management District; providing
25
for grandfathering-in of minimum flows and
26
levels for priority waters in Pasco County and
27
Hillsborough County pursuant to provisions of
28
chapter 96-339, Laws of Florida; providing for
29
application of act to Hillsborough River and
30
the Palm River/Tampa By-Pass Canal; amending s.
31
373.1963, F.S.; providing for supplemental
3
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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
4
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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,
5
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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,
6
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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.
31
7
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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
8
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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.--
9
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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
10
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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.
11
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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.
12
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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.
31
13
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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.
14
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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
31
15
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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
31
16
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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
32
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second 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. Subsection (2), paragraph (a) of
18
subsection (4), and subsection (5) of section 373.079, Florida
19
Statutes, are amended to read:
20
373.079 Members of governing board; oath of office;
21
staff.--
22
(2) Immediately after their appointment, and every 2
23
years thereafter, the Governor shall select a member of the
24
governing board as chair of the board. Subsequently, members
25
composing the governing board shall meet at some convenient
26
place and choose one of their number as chair of the board,
27
and some suitable person, who may or may not be a member of
28
the governing board, and who may be required to execute bond
29
for the faithful performance of his or her duties as the
30
governing board may determine, as secretary. Such board shall
31
adopt a seal with a suitable device and shall keep a
33
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second Engrossed
1
well-bound book entitled, in effect, "Record of Governing
2
Board of .... District," in which shall be recorded minutes of
3
all meetings, resolutions, proceedings, certificates, bonds
4
given by all employees, and any and all corporate acts, which
5
book shall at reasonable times be open to the inspection of
6
any citizen of this state or taxpayer in the district or his
7
or her agent or attorney.
8
(4)(a) The governing board of the district is
9
authorized to employ an executive director, ombudsman, and
10
such engineers, other professional persons, and other
11
personnel and assistants as it deems necessary and under such
12
terms and conditions as it may determine and to terminate such
13
employment. The appointment of an executive director by the
14
governing board is subject to approval by the Governor and
15
must be initially confirmed by the Florida Senate. The
16
governing board may delegate all or part of its authority
17
under this paragraph to the executive director. The executive
18
director must be confirmed by the Senate upon employment and
19
must be confirmed or reconfirmed by the Senate during the
20
second regular session of the Legislature following a
21
gubernatorial election.
22
(5) The governing board may employ a legal staff for
23
the purposes of:
24
(a) Providing legal counsel to the governing board on
25
matters relating to the exercise of its powers and duties and
26
to the executive director and district staff on matters
27
relating to the day-to-day operations of the district;
28
(b) Representing it in all proceedings of an
29
administrative or judicial nature; and
30
(c) Otherwise assisting in the administration of the
31
provisions of this chapter.
34
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second Engrossed
1
2
Attorneys employed by the district must represent the legal
3
interest or position of the governing board.
4
Section 11. Section 373.0831, Florida Statutes, is
5
created to read:
6
373.0831 Water resource development; water supply
7
development.--
8
(1) The Legislature finds that:
9
(a) The proper role of the water management districts
10
in water supply is primarily planning and water resource
11
development, but this does not preclude them from providing
12
assistance with water supply development.
13
(b) The proper role of local government, regional
14
water supply authorities, and government-owned and privately
15
owned water utilities in water supply is primarily water
16
supply development, but this does not preclude them from
17
providing assistance with water resource development.
18
(c) Water resource development and water supply
19
development must receive priority attention, where needed, to
20
increase the availability of sufficient water for all existing
21
and future reasonable-beneficial uses and natural systems.
22
(2) It is the intent of the Legislature that:
23
(a) Sufficient water be available for all existing and
24
future reasonable-beneficial uses and the natural systems, and
25
that the adverse effects of competition for water supplies be
26
avoided.
27
(b) Water management districts take the lead in
28
identifying and implementing water resource development
29
projects, and be responsible for securing necessary funding
30
for regionally significant water resource development
31
projects.
35
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second Engrossed
1
(c) Local governments, regional water supply
2
authorities, and government-owned and privately owned water
3
utilities take the lead in securing funds for and implementing
4
water supply development projects. Generally, direct
5
beneficiaries of water supply development projects should pay
6
the costs of the projects from which they benefit, and water
7
supply development projects should continue to be paid for
8
through local funding sources. A water resource development
9
project or water supply development project may not be
10
capitalized from donor county millage revenues when the land
11
for the project was purchased through the Conservation and
12
Recreational Lands Trust Fund and it is anticipated that the
13
project is designed primarily for intercounty transport of
14
ground or surface water.
15
(d) Water supply development be conducted in
16
coordination with water management district regional water
17
supply planning and water resource development.
18
(3) The water management districts shall fund and
19
implement water resource development as defined in s. 373.019.
20
Each governing board shall include in its annual budget the
21
amount needed for the fiscal year to implement water resource
22
development projects, as prioritized in its regional water
23
supply plans.
24
(4)(a) Water supply development projects which are
25
consistent with the relevant regional water supply plans and
26
which meet one or more of the following criteria shall receive
27
priority consideration for state or water management district
28
funding assistance:
29
1. The project supports establishment of a dependable,
30
sustainable supply of water which is not otherwise financially
31
feasible;
36
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second Engrossed
1
2. The project provides substantial environmental
2
benefits by preventing or limiting adverse water resource
3
impacts, but require funding assistance to be economically
4
competitive with other options; or
5
3. The project significantly implements reuse,
6
storage, recharge, or conservation of water in a manner that
7
contributes to the sustainability of regional water sources.
8
(b) Water supply development projects which meet the
9
criteria in paragraph (a) and also bring about replacement of
10
existing sources in order to help implement a minimum flow or
11
level shall be given first consideration for state or water
12
management district funding assistance.
13
Section 12. Subsection (2) of section 373.223, Florida
14
Statutes, is amended to read:
15
373.223 Conditions for a permit.--
16
(2) The governing board or the department may
17
authorize the holder of a use permit to transport and use
18
ground or surface water beyond overlying land, across county
19
boundaries, or outside the watershed from which it is taken if
20
the governing board or department determines that such
21
transport and use is consistent with the public interest, and
22
no local government shall adopt or enforce any law, ordinance,
23
rule, regulation, or order to the contrary. Except for the
24
Central and Southern Florida Flood Control Project, when
25
evaluating whether such a potential transport of ground or
26
surface water is consistent with the public interest, the
27
governing board or department may give significant weight to:
28
(a) The proximity of the proposed source of water to
29
the area in which it is to be used or applied.
30
(b) Other environmentally, economically, and
31
technically feasible alternatives to the source being
37
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second Engrossed
1
proposed, including, but not limited to, desalination, reuse,
2
stormwater, and aquifer storage and recovery.
3
(c) Cumulative impacts due to groundwater withdrawal.
4
(d) Affected local governments.
5
6
The governing board may also consider whether or not a
7
regional water supply authority supplies water in the area. A
8
permit decision by the governing board based on these
9
considerations shall not affect any perfected legal challenge
10
under chapter 120, an administrative challenge under chapter
11
120, or a judicial challenge, filed prior to the effective
12
date of this act.
13
Section 13. Section 373.236, Florida Statutes, is
14
amended to read:
15
373.236 Duration of permits.--
16
(1) Permits shall may be granted for a any period of
17
time not exceeding 20 years, if requested for that period of
18
time, if there is sufficient data to provide reasonable
19
assurance that the conditions for permit issuance will be met
20
for the duration of the permit; otherwise permits may be
21
issued for shorter durations which reflect the period for
22
which such reasonable assurances can be provided. The
23
governing board or the department may base the duration of
24
permits on a reasonable system of classification according to
25
source of supply or type of use, or both.
26
(2) The governing board or the department may
27
authorize a permit of duration of up to 50 years in the case
28
of a municipality or other governmental body or of a public
29
works or public service corporation where such a period is
30
required to provide for the retirement of bonds for the
31
construction of waterworks and waste disposal facilities.
38
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second Engrossed
1
(3) Where necessary to maintain reasonable assurance
2
that the conditions for issuance of a 20-year permit can
3
continue to be met, the governing board or department, in
4
addition to any conditions required pursuant to s. 373.219,
5
may require a compliance report by the permittee every 5 years
6
during the term of a permit. This report shall contain
7
sufficient data to maintain reasonable assurance that the
8
initial conditions for permit issuance are met. Following
9
review of this report, the governing board or the department
10
may modify the permit to ensure that the use meets the
11
conditions for issuance. Permit modifications pursuant to
12
this subsection shall not be subject to competing
13
applications, provided there is no increase in the permitted
14
allocation or permit duration, and no change in source, except
15
for changes in source requested by the district. This
16
subsection shall not be construed to limit the existing
17
authority of the department or the governing board to modify
18
or revoke a consumptive use permit.
19
Section 14. By January 1, 1998, the Department of
20
Environmental Protection, in coordination with the appropriate
21
water management districts and the Department of Health, shall
22
transmit to the Speaker of the House of Representatives, the
23
President of the Senate, and the Governor a proposal for
24
reevaluating areas of the state which were previously
25
delineated by the Department of Environmental Protection
26
pursuant to s. 376.309(1)(e), Florida Statutes, as having
27
contaminated water supplies, including contamination from
28
ethylene dibromide, in order to ascertain whether or not the
29
contamination has been reduced to levels which do not pose a
30
threat to human health and to determine if the delineated
31
areas should be redrawn or removed. The proposal shall
39
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second Engrossed
1
reflect a systematic approach to the reevaluation, with an
2
emphasis on determining the current state of contamination,
3
potential remedies, the adequacy of existing remedies such as
4
requirements for grouting of well-casing, and relief to
5
affected citizens. The proposal shall also include estimates
6
of cost and recommendations as to available funding sources
7
for the reevaluation. Any deletion from, addition to, or
8
redrawing of the delineation areas shall be based on the
9
scientific evidence of the reevaluation conducted under this
10
subparagraph.
11
Section 15. Section 373.507, Florida Statutes, ia
12
amended to read:
13
373.507 Districts and basins; postaudits, budgets,
14
basins, and taxing authorities; budget and expense reports;
15
audits.--
16
(1) Each district and basin referred to in this
17
chapter must shall furnish a detailed copy of its budget and
18
past year's expenditures to the Governor, the Legislature, and
19
the governing body of each county in which the district or
20
basin has jurisdiction or derives any funds for the operations
21
of the district or basin.
22
(2) Each district and basin referred to in this
23
chapter must, basin, and taxing authority shall make provision
24
for an annual postaudit of its financial accounts. The
25
postaudit must These postaudits shall be made in accordance
26
with the rules of the Auditor General adopted under
27
promulgated pursuant to ss. 166.241 and 11.47.
28
(3)(a) Each district referred to in this chapter must
29
furnish copies of the following documents to the Governor, the
30
President of the Senate, the Speaker of the House of
31
Representatives, the chairs of all legislative committees and
40
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second Engrossed
1
subcommittees with substantive or fiscal jurisdiction over
2
districts, as determined by the President or Speaker as
3
applicable, the secretary of the department, and the governing
4
body of each county in which the district has jurisdiction or
5
derives any funds for the operations of the district:
6
1. The tentative budget.
7
2. The adopted budget.
8
3. The past year's expenditures.
9
4. The postaudit described in subsection (2).
10
(b) The documents must be furnished by the earlier of
11
10 days following completion of each document or as otherwise
12
provided by law.
13
(c) If any entity in paragraph (a) provides written
14
comments to the district regarding any document furnished, the
15
district must respond to the comments in writing and furnish
16
copies of the comments and written responses to the other
17
entities.
18
Section 16. Subsections (1) and (3), and paragraphs
19
(a) and (c) of subsection (5), of section 373.536, Florida
20
Statutes, 1996 Supplement, are amended to read:
21
373.536 District budget and hearing thereon.--
22
(1) The fiscal year of districts created under the
23
provisions of this chapter shall extend from October 1 of one
24
year through September 30 of the following year. The budget
25
officer of the district shall, on or before July 15 of each
26
year, submit for consideration by the governing board of the
27
district a tentative budget for the district covering its
28
proposed operation and requirements for the ensuing fiscal
29
year. Unless alternative notice requirements are otherwise
30
provided by law, notice of all budget hearings conducted by
31
the governing board or district staff must be published in a
41
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second Engrossed
1
newspaper of general circulation in each county in which the
2
district lies not less than 5 days nor more than 15 days
3
before the hearing. Budget workshops conducted for the public
4
and not governed by s. 200.065 must be advertised in a
5
newspaper of general circulation in the community or area in
6
which the workshop will occur not less than 5 days nor more
7
than 15 days before the workshop. The tentative budget shall
8
be adopted in accordance with the provisions of s. 200.065;
9
however, if the mailing of the notice of proposed property
10
taxes is delayed beyond September 3 in any county in which the
11
district lies, the district shall advertise its intention to
12
adopt a tentative budget and millage rate, pursuant to s.
13
200.065(3)(g), in a newspaper of general paid circulation in
14
that county. The budget shall set forth, classified by object
15
and purpose, and by fund if so designated, the proposed
16
expenditures of the district for bonds or other debt, for
17
construction, for acquisition of land, for operation and
18
maintenance of the district works, for the conduct of the
19
affairs of the district generally, and for other purposes, to
20
which may be added an amount to be held as a reserve. District
21
administrative and operating expenses must be identified in
22
the budget and allocated among district programs.
23
(3) As provided in s. 200.065(2)(d), the board shall
24
publish one or more notices of its intention to finally adopt
25
a budget for the district for the ensuing fiscal year. The
26
notice shall appear adjacent to an advertisement which shall
27
set forth the tentative budget in full. The notice and
28
advertisement shall be published in one or more newspapers
29
having a combined general circulation in the counties having
30
land in the district. Districts may include explanatory
31
phrases and examples in budget advertisements published under
42
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second Engrossed
1
s. 200.065 to clarify or illustrate the effect that the
2
district budget may have on ad valorem taxes.
3
(5)(a) The Executive Office of the Governor is
4
authorized to approve or disapprove, in whole or in part, the
5
budget of each water management district and shall analyze
6
each budget as to the adequacy of fiscal resources available
7
to the district and the adequacy of district expenditures
8
related to water supply, including water resource development
9
projects identified in the district's regional water supply
10
plans; water quality; flood protection and floodplain
11
management; and natural systems. This analysis shall be based
12
on the particular needs within each water management district
13
in those four areas of responsibility.
14
(c) Each water management district shall, by August 1
15
5 of each year, submit for review a tentative budget to the
16
Governor, the President of the Senate, the Speaker of the
17
House of Representatives, the chairs of all legislative
18
committees and subcommittees with substantive or fiscal
19
jurisdiction over water management districts, the secretary of
20
the department, and the governing body of each county in which
21
the district has jurisdiction or derives any funds for the
22
operations of the district. The tentative budget, which must
23
include to the Department of Environmental Protection, the
24
Executive Office of the Governor, and the chairs of the
25
appropriations committees of the Legislature for review a
26
tentative budget that includes, but is not limited to, the
27
following information for the preceding fiscal year and the
28
current fiscal year, and the proposed amounts for the upcoming
29
fiscal year, in a standard format prescribed by the Executive
30
Office of the Governor department which is generally
31
consistent with the format prescribed by legislative budget
43
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second Engrossed
1
instructions for state agencies and the format requirements of
2
s. 216.031:
3
1. The millage rates and the percentage increase above
4
the rolled-back rate, together with a summary of the reasons
5
the increase is required, and the percentage increase in
6
taxable value resulting from new construction;
7
2. For each program area, the salary and benefits,
8
expenses, operating capital outlay, number of authorized
9
positions, and other personal services;
10
3. The total amount in the district budget for each
11
area of responsibility listed in paragraph (a) and for water
12
resource development projects identified in the district's
13
regional water supply plans.
14
4.3. A description of each new, expanded, reduced, or
15
eliminated program;
16
5.4. A 5-year capital improvements plan; and
17
6. A proposed five-year water resource development
18
work program, that describes the district's implementation
19
strategy for the water resource development component of each
20
approved regional water supply plan developed or revised
21
pursuant to s. 373.0361. The work program shall address all
22
the elements of the water resource development component in
23
the district's approved regional water supply plans. The
24
Office of the Governor, with the assistance of the department,
25
shall review the proposed work program. The review shall
26
include a written evaluation of its consistency with and
27
furtherance of the district's approved regional water supply
28
plans, and adequacy of proposed expenditures. As part of the
29
review, the Executive Office of the Governor and the
30
department shall afford to all interested parties the
31
opportunity to provide written comments on each district's
44
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second Engrossed
1
proposed work program. At least seven days prior to the
2
adoption of its final budget, the governing board shall state
3
in writing to the Executive Office of the Governor which
4
changes recommended in the evaluation it will incorporate into
5
its work program, or specify the reasons for not incorporating
6
the changes. The Office of the Governor shall include the
7
district's responses in the written evaluation and shall
8
submit a copy of the evaluation to the Legislature; and
9
7.5. The funding sources, including, but not limited
10
to, ad valorem taxes, Surface Water Improvement and Management
11
Program funds, other state funds, federal funds, and user fees
12
and permit fees for each program area.
13
(d) The department shall, by September 5 of the year
14
in which the budget is submitted, after taking into account
15
continuing and proposed program needs, provide its review and
16
comments to the governing board and the Governor. By
17
September 5 of the year in which the budget is submitted, the
18
Executive Office of the Governor and the House and Senate
19
appropriations chairs may transmit to each district comments
20
and objections to the proposed budgets. Each district
21
governing board shall include a response to such comments and
22
objections in the record of the governing board meeting where
23
final adoption of the budget takes place, and the record of
24
this meeting shall be transmitted to the Executive Office of
25
the Governor, the department, and the chairs of the House and
26
Senate appropriations committees.
27
(e) The Executive Office of the Governor department
28
shall annually, on or before December 15, file with the
29
Governor and the Legislature a report that summarizes the
30
expenditures of the water management districts by program area
31
and identifies the districts that are not in compliance with
45
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second Engrossed
1
the reporting requirements of this section. State funds shall
2
be withheld from a water management district that fails to
3
comply with these reporting requirements.
4
Section 17. Subsection (1) and paragraph (a) of
5
subsection (4) of section 373.59, Florida Statutes, 1996
6
Supplement, are amended to read:
7
373.59 Water Management Lands Trust Fund.--
8
(1) There is established within the Department of
9
Environmental Protection the Water Management Lands Trust Fund
10
to be used as a nonlapsing fund for the purposes of this
11
section. The moneys in this fund are hereby continually
12
appropriated for the purposes of land acquisition, management,
13
maintenance, capital improvements, payments in lieu of taxes,
14
and administration of the fund in accordance with the
15
provisions of this section. In addition, for fiscal year
16
1995-1996, moneys in the fund that are not revenues from the
17
sale of any bonds and that are not required for debt service
18
for any bond issue may be used to fund activities authorized
19
under the Surface Water Improvement and Management Act,
20
pursuant to ss. 373.451-373.4595, and for the control of
21
aquatic weeds pursuant to part II of chapter 369. Up to 25
22
percent of the moneys in the fund may be allocated annually to
23
the districts for management, maintenance, and capital
24
improvements pursuant to subsection (8) (7).
25
(4)(a) Moneys from the Water Management Lands Trust
26
Fund shall be used for acquiring the fee or other interest in
27
lands necessary for water management, water supply, and the
28
conservation and protection of water resources, except that
29
such moneys shall not be used for the acquisition of
30
rights-of-way for canals or pipelines. Such moneys shall also
31
be used for management, maintenance, and capital improvements.
46
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second Engrossed
1
Interests in real property acquired by the districts under
2
this section may be used for permittable water resource
3
development and water supply development purposes under the
4
following conditions: the minimum flows and levels of priority
5
water bodies on such lands have been established; the project
6
complies with all conditions for issuance of a permit under
7
part II of chapter 373; and the project is compatible with the
8
purposes for which the land was acquired. Lands acquired with
9
moneys from the fund shall be managed and maintained in an
10
environmentally acceptable manner and, to the extent
11
practicable, in such a way as to restore and protect their
12
natural state and condition.
13
Section 18. Paragraph (b) of subsection (4) of section
14
186.007, Florida Statutes, is amended to read:
15
186.007 State comprehensive plan; preparation;
16
revision.--
17
(4)
18
(b) The purpose of the growth management portion of
19
the state comprehensive plan is to establish clear, concise,
20
and direct goals, objectives, and policies related to land
21
development, water resources, transportation, and related
22
topics. In doing so, the plan should, where possible, draw
23
upon the work that agencies have invested in the state land
24
development plan, the Florida Transportation Plan, the Florida
25
water state water use plan, and similar planning documents.
26
Section 19. Paragraph (n) of subsection (2) of section
27
186.009, Florida Statutes, is amended to read:
28
186.009 Growth management portion of the state
29
comprehensive plan.--
30
(2) The growth management portion of the state
31
comprehensive plan shall:
47
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second Engrossed
1
(n) Set forth recommendations on how to integrate the
2
Florida water state water use plan required by s. 373.036, the
3
state land development plan required by s. 380.031(17), and
4
transportation plans required by chapter 339.
5
6
The growth management portion of the state comprehensive plan
7
shall not include a land use map.
8
Section 20. Subsections (1) and (7) of section
9
373.103, Florida Statutes, are amended to read:
10
373.103 Powers which may be vested in the governing
11
board at the department's discretion.--In addition to the
12
other powers and duties allowed it by law, the governing board
13
of a water management district may be specifically authorized
14
by the department to:
15
(1) Administer and enforce all provisions of this
16
chapter, including the permit systems established in parts II,
17
III, and IV of this chapter, consistent with the state water
18
resource implementation rule policy.
19
(7) Prepare, in cooperation with the department, that
20
part of the Florida water state water use plan applicable to
21
the district.
22
Section 21. Subsection (2) of section 373.114, Florida
23
Statutes, is amended to read:
24
373.114 Land and Water Adjudicatory Commission; review
25
of district rules and orders; department review of district
26
rules.--
27
(2) The department shall have the exclusive authority
28
to review rules of the water management districts, other than
29
rules relating to internal management of the districts, to
30
ensure consistency with the state water resource
31
implementation rule policy as set forth in the rules of the
48
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second Engrossed
1
department. Within 30 days after adoption or revision of any
2
water management district rule, the department shall initiate
3
a review of such rule pursuant to this section.
4
(a) Within 30 days after adoption of a rule, any
5
affected person may request that a hearing be held before the
6
secretary of the department, at which hearing evidence and
7
argument may be presented relating to the consistency of the
8
rule with the state water resource implementation rule policy,
9
by filing a request for hearing with the department and
10
serving a copy on the water management district.
11
(b) If the department determines that the rule is
12
inconsistent with the state water resource implementation rule
13
policy, it may order the water management district to initiate
14
rulemaking proceedings to amend or repeal the rule.
15
(c) An order of the department requiring amendment or
16
repeal of a rule may be appealed to the Land and Water
17
Adjudicatory Commission by the water management district or
18
any other party to the proceeding before the secretary.
19
Section 22. Subsection (3) of section 373.418, Florida
20
Statutes, is amended to read:
21
373.418 Rulemaking; preservation of existing
22
authority.--
23
(3) The department or governing boards may adopt such
24
rules as are necessary to implement the provisions of this
25
part. Such rules shall be consistent with the state water
26
resource implementation rule policy and shall not allow harm
27
to water resources or be contrary to the policy set forth in
28
s. 373.016.
29
Section 23. Subsection (2) of section 373.456, Florida
30
Statutes, is amended to read:
31
49
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second Engrossed
1
373.456 Approval of surface water improvement and
2
management plans.--
3
(2) The department shall have the exclusive authority
4
to review the plan to ensure consistency with the state water
5
resource implementation rule policy and the State
6
Comprehensive Plan.
7
Section 24. Subsection (14) of section 403.031,
8
Florida Statutes, 1996 Supplement, is amended to read:
9
403.031 Definitions.--In construing this chapter, or
10
rules and regulations adopted pursuant hereto, the following
11
words, phrases, or terms, unless the context otherwise
12
indicates, have the following meanings:
13
(14) "State water resource implementation rule policy"
14
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
Section 25. Subsection (1) and paragraph (a) of
24
subsection (3) of section 403.0891, Florida Statutes, are
25
amended to read:
26
403.0891 State, regional, and local stormwater
27
management plans and programs.--The department, the water
28
management districts, and local governments shall have the
29
responsibility for the development of mutually compatible
30
stormwater management programs.
31
50
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second Engrossed
1
(1) The department shall include goals in the state
2
water resource implementation rule policy for the proper
3
management of stormwater.
4
(3)(a) Each local government required by chapter 163
5
to submit a comprehensive plan, whose plan is submitted after
6
July 1, 1992, and the others when updated after July 1, 1992,
7
in the development of its stormwater management program
8
described by elements within its comprehensive plan shall
9
consider the state water resource implementation rule policy,
10
district stormwater management goals, plans approved pursuant
11
to the Surface Water Improvement and Management Act, ss.
12
373.451-373.4595, and technical assistance information
13
provided by the water management districts pursuant to s.
14
373.0391.
15
Section 26. Subsection (10) of section 373.026,
16
section 373.039, and subsection (33) of section 403.061,
17
Florida Statutes, are repealed.
18
Section 27. Effective January 1, 1999, section
19
373.0735, Florida Statutes, is repealed.
20
Section 28. Notwithstanding the provisions of sections
21
10 and 11 of this act, the establishment and implementation of
22
minimum flows and levels for priority waters in Pasco County
23
and Hillsborough County listed pursuant to chapter 96-339,
24
Laws of Florida, and peer review of the scientific or
25
technical data and methodologies utilized in establishing said
26
minimum flows and levels shall be governed by the provisions
27
of chapter 96-339, Laws of Florida. The establishment and
28
implementation of minimum flows for the Hillsborough River and
29
the Palm River/Tampa By-Pass Canal shall be governed by the
30
provisions of this act.
31
51
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Second Engrossed
1
Section 29. Subsection (1) of section 373.1963,
2
Florida Statutes, 1996 Supplement, is amended to read:
3
373.1963 Assistance to West Coast Regional Water
4
Supply Authority.--
5
(Substantial rewording of subsection (1). See
6
s. 373.1963, F.S., 1996 Supp., for present text.)
7
(1) It is the intent of the Legislature to encourage
8
and facilitate the implementation of the changes in governance
9
recommended by the West Coast Regional Water Supply Authority
10
in its report to the Legislature dated February 1, 1997. The
11
Authority shall submit a supplemental report to the Speaker of
12
the House of Representatives and the President of the Senate
13
on the status of implementing its prior recommendations for
14
changes in governance by January 5, 1998. The Authority is
15
authorized to reconstitute its governance under a voluntary
16
interlocal agreement with a term of not less than 20 years.
17
Section 30. Except as otherwise provided herein, this
18
act shall take effect October 1, 1997.
19
20
21
22
23
24
25
26
27
28
29
30
31
52