House Bill 0715e3
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CS/HBs 715, 1249, 1321 & 1339,
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A bill to be entitled
2
An act relating to environmental protection;
3
amending s. 373.016, F.S.; revising legislative
4
policy; 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
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CS/HBs 715, 1249, 1321 & 1339,
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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; providing criteria for selection;
7
amending s. 373.079, F.S.; requiring the
8
Governor to select a governing board member as
9
chair of the governing board; revising
10
procedure for appointment of district executive
11
directors; providing respective authority of
12
the Governor and governing boards; authorizing
13
employment of governing board ombudsmen;
14
providing for confirmation of executive
15
directors by the Senate; revising duties of
16
governing board legal staff; creating s.
17
373.0831, F.S.; specifying governing board
18
responsibilities for water resource development
19
and responsibilities of other entities for
20
water supply development; providing for
21
priorities for funding; requiring a report;
22
amending s. 373.139, F.S.; authorizing the use
23
of land for multiple purposes; amending s.
24
373.236, F.S.; revising provisions relating to
25
duration of consumptive use permits; requiring
26
compliance reports and permit modification,
27
under certain circumstances; requiring a
28
proposal for reevaluation of certain areas with
29
contaminated water supplies; amending s.
30
373.507, F.S.; revising provisions relating to
31
district and basin audits, budgets, and expense
2
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CS/HBs 715, 1249, 1321 & 1339,
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reports; requiring districts to furnish copies
2
of documents to specified entities and to
3
respond 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
373.1962, F.S.; providing procedures that a
3
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CS/HBs 715, 1249, 1321 & 1339,
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regional water supply authority may use to
2
provide alternative sources of potable water;
3
amending s. 373.1963, F.S.; providing for
4
supplemental report from the West Coast
5
Regional Water Supply Authority; amending s.
6
376.307, F.S.; providing that funds in the
7
Water Quality Assurance Trust Fund may be used
8
for certain subsidies or filters; amending s.
9
373.309, F.S.; authorizing the Department of
10
Health to establish criteria for acceptance of
11
certain tests; prohibiting the payment of
12
severance pay by a water management district to
13
any of its officers or employees, except under
14
specified circumstances; providing a
15
legislative finding; creating the Water
16
Management District Employee Compensation Study
17
Commission; providing its duties; amending s.
18
253.03, F.S.; extending the submerged lands
19
lease for certain properties; amending s.
20
370.06, F.S.; authorizing the department to
21
issue special activity licenses for
22
aquacultural activities involving sturgeon;
23
amending s. 370.092, F.S.; providing for the
24
transport of mullet harvested in Alabama
25
waters; providing for penalties for fishing
26
during periods of license suspension or
27
revocation; amending s. 373.250, F.S.;
28
providing a date for water management districts
29
to submit annual reports to the Legislature;
30
creating s. 370.093, F.S.; prohibiting the
31
harvest of marine life with nets inconsistent
4
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CS/HBs 715, 1249, 1321 & 1339,
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with s. 16, Art. X of the State Constitution;
2
providing for penalties; providing a definition
3
of the terms "net" and "netting"; authorizing
4
the Marine Fisheries Commission to adopt
5
certain rules; amending s. 370.14, F.S.;
6
providing the Marine Patrol discretion to be
7
present at the closed-season weighing of
8
crawfish; creating s. 370.1405, F.S.; providing
9
for the sale of crawfish during a closed season
10
under specified reporting requirements;
11
providing penalties; establishing an
12
experimental program to assess the utility and
13
effects of using "tarp" nets to harvest
14
baitfish; creating s. 403.0882, F.S.; providing
15
definitions; specifying conditions and
16
limitations for the discharge of
17
demineralization concentrate; specifying
18
conditions for discharge of concentrate from
19
small water utility businesses; limiting
20
departmental regulation of such businesses;
21
providing a permitting schedule for
22
demineralization facilities; providing an
23
effective date.
24
25
Be It Enacted by the Legislature of the State of Florida:
26
27
Section 1. Present subsection (2) of section 373.016,
28
Florida Statutes, is amended, subsections (3) and (4) are
29
renumbered as subsections (4) and (5), respectively, and a new
30
subsection (2) is added to that section, to read:
31
373.016 Declaration of policy.--
5
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CS/HBs 715, 1249, 1321 & 1339,
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(2) The department and the governing board shall take
2
into account cumulative impacts on water resources and manage
3
those resources in a manner to ensure their sustainability.
4
(3)(2) It is further declared to be the policy of the
5
Legislature:
6
(a) To provide for the management of water and related
7
land resources;
8
(b) To promote the conservation, replenishment,
9
recapture, enhancement, development, and proper utilization of
10
surface and ground water;
11
(c) To develop and regulate dams, impoundments,
12
reservoirs, and other works and to provide water storage for
13
beneficial purposes;
14
(d) To promote the availability of sufficient water
15
for all existing and future reasonable-beneficial uses and
16
natural systems;
17
(e)(d) To prevent damage from floods, soil erosion,
18
and excessive drainage;
19
(f)(e) To minimize degradation of water resources
20
caused by the discharge of stormwater;
21
(g)(f) To preserve natural resources, fish, and
22
wildlife;
23
(h)(g) To promote the public policy set forth in s.
24
403.021;
25
(i)(h) To promote recreational development, protect
26
public lands, and assist in maintaining the navigability of
27
rivers and harbors; and
28
(j)(i) Otherwise to promote the health, safety, and
29
general welfare of the people of this state.
30
31
6
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CS/HBs 715, 1249, 1321 & 1339,
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In implementing this chapter, the department and the governing
2
board shall construe and apply the policies in this subsection
3
as a whole, and no specific policy is to be construed or
4
applied in isolation from the other policies in this
5
subsection.
6
Section 2. Section 373.019, Florida Statutes, 1996
7
Supplement, is amended to read:
8
373.019 Definitions.--When appearing in this chapter
9
or in any rule, regulation, or order adopted pursuant thereto,
10
the following words shall, unless the context clearly
11
indicates otherwise, mean:
12
(1)(13) "Coastal waters" means waters of the Atlantic
13
Ocean or the Gulf of Mexico within the jurisdiction of the
14
state.
15
(2)(1) "Department" means the Department of
16
Environmental Protection or its successor agency or agencies.
17
(3) "District water management plan" means the
18
regional water resource plan developed by a governing board
19
under s. 373.036.
20
(4)(6) "Domestic use" means the use of water for the
21
individual personal household purposes of drinking, bathing,
22
cooking, or sanitation. All other uses shall not be considered
23
domestic.
24
(5) "Florida water plan" means the state-level water
25
resource plan developed by the department under s. 373.036.
26
(6)(3) "Governing board" means the governing board of
27
a water management district.
28
(7)(9) "Groundwater" means water beneath the surface
29
of the ground, whether or not flowing through known and
30
definite channels.
31
7
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(8)(14) "Impoundment" means any lake, reservoir, pond,
2
or other containment of surface water occupying a bed or
3
depression in the earth's surface and having a discernible
4
shoreline.
5
(9)(18) "Independent scientific peer review" means the
6
review of scientific data, theories, and methodologies by a
7
panel of independent, recognized experts in the fields of
8
hydrology, hydrogeology, limnology, and other scientific
9
disciplines relevant to the matters being reviewed under s.
10
373.042.
11
(10)(7) "Nonregulated use" means any use of water
12
which is exempted from regulation by the provisions of this
13
chapter.
14
(11)(12) "Other watercourse" means any canal, ditch,
15
or other artificial watercourse in which water usually flows
16
in a defined bed or channel. It is not essential that the
17
flowing be uniform or uninterrupted.
18
(12)(5) "Person" means any and all persons, natural or
19
artificial, including any individual, firm, association,
20
organization, partnership, business trust, corporation,
21
company, the United States of America, and the state and all
22
political subdivisions, regions, districts, municipalities,
23
and public agencies thereof. The enumeration herein is not
24
intended to be exclusive or exhaustive.
25
(13)(4) "Reasonable-beneficial use" means the use of
26
water in such quantity as is necessary for economic and
27
efficient utilization for a purpose and in a manner which is
28
both reasonable and consistent with the public interest.
29
(14) "Regional water supply plan" means a detailed
30
water supply plan developed by a governing board under s.
31
373.0361.
8
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CS/HBs 715, 1249, 1321 & 1339,
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(15)(11) "Stream" means any river, creek, slough, or
2
natural watercourse in which water usually flows in a defined
3
bed or channel. It is not essential that the flowing be
4
uniform or uninterrupted. The fact that some part of the bed
5
or channel has been dredged or improved does not prevent the
6
watercourse from being a stream.
7
(16)(10) "Surface water" means water upon the surface
8
of the earth, whether contained in bounds created naturally or
9
artificially or diffused. Water from natural springs shall be
10
classified as surface water when it exits from the spring onto
11
the earth's surface.
12
(17)(8) "Water" or "waters in the state" means any and
13
all water on or beneath the surface of the ground or in the
14
atmosphere, including natural or artificial watercourses,
15
lakes, ponds, or diffused surface water and water percolating,
16
standing, or flowing beneath the surface of the ground, as
17
well as all coastal waters within the jurisdiction of the
18
state.
19
(18)(2) "Water management district" means any flood
20
control, resource management, or water management district
21
operating under the authority of this chapter.
22
(19) "Water resource development" means the
23
formulation and implementation of regional water resource
24
management strategies, including the collection and evaluation
25
of surface water and groundwater data; structural and
26
nonstructural programs to protect and manage water resources;
27
the development of regional water resource implementation
28
programs; the construction, operation, and maintenance of
29
major public works facilities to provide for flood control,
30
surface and underground water storage, and groundwater
31
recharge augmentation; and related technical assistance to
9
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CS/HBs 715, 1249, 1321 & 1339,
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local governments and to government-owned and privately owned
2
water utilities.
3
(20)(16) "State Water resource implementation rule
4
policy" means the rule authorized by s. 373.036, which sets
5
comprehensive statewide policy as adopted by the department
6
pursuant to ss. 373.026 and 403.061 setting forth goals,
7
objectives, and guidance for the development and review of
8
programs, rules, and plans relating to water resources, based
9
on statutory policies and directives. The waters of the state
10
are among its most basic resources. Such waters should be
11
managed to conserve and protect water resources and to realize
12
the full beneficial use of these resources.
13
(21) "Water supply development" means the planning,
14
design, construction, operation, and maintenance of public or
15
private facilities for water collection, production,
16
treatment, transmission, or distribution for sale, resale, or
17
end use.
18
(22)(17) For the sole purpose of serving as the basis
19
for the unified statewide methodology adopted pursuant to s.
20
373.421(1), as amended, "wetlands" means those areas that are
21
inundated or saturated by surface water or groundwater at a
22
frequency and a duration sufficient to support, and under
23
normal circumstances do support, a prevalence of vegetation
24
typically adapted for life in saturated soils. Soils present
25
in wetlands generally are classified as hydric or alluvial, or
26
possess characteristics that are associated with reducing soil
27
conditions. The prevalent vegetation in wetlands generally
28
consists of facultative or obligate hydrophytic macrophytes
29
that are typically adapted to areas having soil conditions
30
described above. These species, due to morphological,
31
physiological, or reproductive adaptations, have the ability
10
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CS/HBs 715, 1249, 1321 & 1339,
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to grow, reproduce, or persist in aquatic environments or
2
anaerobic soil conditions. Florida wetlands generally include
3
swamps, marshes, bayheads, bogs, cypress domes and strands,
4
sloughs, wet prairies, riverine swamps and marshes, hydric
5
seepage slopes, tidal marshes, mangrove swamps and other
6
similar areas. Florida wetlands generally do not include
7
longleaf or slash pine flatwoods with an understory dominated
8
by saw palmetto. Upon legislative ratification of the
9
methodology adopted pursuant to s. 373.421(1), as amended, the
10
limitation contained herein regarding the purpose of this
11
definition shall cease to be effective.
12
(23)(15) "Works of the district" means those projects
13
and works, including, but not limited to, structures,
14
impoundments, wells, streams, and other watercourses, together
15
with the appurtenant facilities and accompanying lands, which
16
have been officially adopted by the governing board of the
17
district as works of the district.
18
Section 3. Section 373.036, Florida Statutes, is
19
amended to read:
20
373.036 Florida water plan; district water management
21
plans State water use plan.--
22
(1) FLORIDA WATER PLAN.--In cooperation with the water
23
management districts, regional water supply authorities, and
24
others, the department shall develop the Florida water plan.
25
The Florida water plan shall include, but not be limited to:
26
(a) The programs and activities of the department
27
related to water supply, water quality, flood protection and
28
floodplain management, and natural systems.
29
(b) The water quality standards of the department.
30
(c) The district water management plans.
31
11
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(d) Goals, objectives, and guidance for the
2
development and review of programs, rules, and plans relating
3
to water resources, based on statutory policies and
4
directives. The state water policy rule, renamed the water
5
resource implementation rule pursuant to s. 373.019(20), shall
6
serve as this part of the plan. Amendments or additions to
7
this part of the Florida water plan shall be adopted by the
8
department as part of the water resource implementation rule.
9
In accordance with s. 373.114, the department shall review
10
rules of the water management districts for consistency with
11
this rule. Amendments to the water resource implementation
12
rule must be adopted by the secretary of the department and be
13
submitted to the President of the Senate and the Speaker of
14
the House of Representatives within 7 days after publication
15
in the Florida Administrative Weekly. Amendments shall not
16
become effective until the conclusion of the next regular
17
session of the Legislature following their adoption.
18
(1) The department shall proceed as rapidly as
19
possible to study existing water resources in the state; means
20
and methods of conserving and augmenting such waters; existing
21
and contemplated needs and uses of water for protection and
22
procreation of fish and wildlife, irrigation, mining, power
23
development, and domestic, municipal, and industrial uses; and
24
all other related subjects, including drainage, reclamation,
25
flood plain or flood-hazard area zoning, and selection of
26
reservoir sites. The department shall cooperate with the
27
Executive Office of the Governor, or its successor agency,
28
progressively to formulate, as a functional element of a
29
comprehensive state plan, an integrated, coordinated plan for
30
the use and development of the waters of the state, based on
31
the above studies. This plan, with such amendments,
12
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CS/HBs 715, 1249, 1321 & 1339,
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supplements, and additions as may be necessary from time to
2
time, shall be known as the state water use plan.
3
(2) DISTRICT WATER MANAGEMENT PLANS.--
4
(a) Each governing board shall develop a district
5
water management plan for water resources within its region,
6
which plan addresses water supply, water quality, flood
7
protection and floodplain management, and natural systems. The
8
district water management plan shall be based on at least a
9
20-year planning period, shall be developed and revised in
10
cooperation with other agencies, regional water supply
11
authorities, units of government, and interested parties, and
12
shall be updated at least once every 5 years. The governing
13
board shall hold a public hearing at least 30 days in advance
14
of completing the development or revision of the district
15
water management plan.
16
(b) The district water management plan shall include,
17
but not be limited to:
18
1. The scientific methodologies for establishing
19
minimum flows and levels under s. 373.042, and all established
20
minimum flows and levels.
21
2. Identification of one or more water supply planning
22
regions that singly or together encompass the entire district.
23
3. Technical data and information prepared under ss.
24
373.0391 and 373.0395.
25
4. A districtwide water supply assessment, to be
26
completed no later than July 1, 1998, which determines for
27
each water supply planning region:
28
a. Existing legal uses, reasonably anticipated future
29
needs, and existing and reasonably anticipated sources of
30
water and conservation efforts; and
31
13
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b. Whether existing and reasonably anticipated sources
2
of water and conservation efforts are adequate to supply water
3
for all existing legal uses and reasonably anticipated future
4
needs and to sustain the water resources and related natural
5
systems.
6
5. Any completed regional water supply plans.
7
(c) If necessary for implementation, the governing
8
board shall adopt by rule or order relevant portions of the
9
district water management plan, to the extent of its statutory
10
authority.
11
(d)(2) In the formulation of the district water
12
management state water use plan, the governing board
13
department shall give due consideration to:
14
1.(a) The attainment of maximum reasonable-beneficial
15
use of water resources for such purposes as those referred to
16
in subsection (1).
17
2.(b) The maximum economic development of the water
18
resources consistent with other uses.
19
3.(c) The management control of water resources such
20
waters for such purposes as environmental protection,
21
drainage, flood control, and water storage.
22
4.(d) The quantity of water available for application
23
to a reasonable-beneficial use.
24
5.(e) The prevention of wasteful, uneconomical,
25
impractical, or unreasonable uses of water resources.
26
6.(f) Presently exercised domestic use and permit
27
rights.
28
7.(g) The preservation and enhancement of the water
29
quality of the state and the provisions of the state water
30
quality plan.
31
14
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8.(h) The state water resources policy as expressed by
2
this chapter.
3
(3) During the process of formulating or revising the
4
state water use plan, the department shall consult with, and
5
carefully evaluate the recommendations of, concerned federal,
6
state, and local agencies, particularly the governing boards
7
of the water management districts, and other interested
8
persons.
9
(4) Each governing board is directed to cooperate with
10
the department in conducting surveys and investigations of
11
water resources, to furnish the department with all available
12
data of a technical nature, and to advise and assist the
13
department in the formulation and drafting of those portions
14
of the state plan applicable to the district.
15
(5) The department shall not adopt or modify the state
16
water use plan or any portion thereof without first holding a
17
public hearing on the matter. At least 90 days in advance of
18
such hearing, the department shall notify any affected
19
governing boards, and shall give notice of such hearing by
20
publication within the affected region pursuant to the
21
provisions of chapter 120, except such notice by publication
22
shall be extended at least 90 days in advance of such
23
hearings.
24
(6) For the purposes of this plan the department may,
25
in consultation with the affected governing board, divide each
26
water management district into sections which shall conform as
27
nearly as practicable to hydrologically controllable areas and
28
describe all water resources within each area.
29
(3)(7) The department and governing board shall give
30
careful consideration to the requirements of public recreation
31
and to the protection and procreation of fish and wildlife.
15
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CS/HBs 715, 1249, 1321 & 1339,
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The department or governing board may prohibit or restrict
2
other future uses on certain designated bodies of water which
3
may be inconsistent with these objectives.
4
(4)(8) The governing board department may designate
5
certain uses in connection with a particular source of supply
6
which, because of the nature of the activity or the amount of
7
water required, would constitute an undesirable use for which
8
the governing board may deny a permit.
9
(5)(9) The governing board department may designate
10
certain uses in connection with a particular source of supply
11
which, because of the nature of the activity or the amount of
12
water required, would result in an enhancement or improvement
13
of the water resources of the area. Such uses shall be
14
preferred over other uses in the event of competing
15
applications under the permitting systems authorized by this
16
chapter.
17
(6)(10) The department, in cooperation with the
18
Executive Office of the Governor, or its successor agency, may
19
add to the Florida water state water use plan any other
20
information, directions, or objectives it deems necessary or
21
desirable for the guidance of the governing boards or other
22
agencies in the administration and enforcement of this
23
chapter.
24
Section 4. Section 373.0361, Florida Statutes, is
25
created to read:
26
373.0361 Regional water supply planning.--
27
(1) By October 1, 1998, the governing board shall
28
initiate water supply planning for each water supply planning
29
region identified in the district water management plan under
30
s. 373.036, where it determines that sources of water are not
31
adequate for the planning period to supply water for all
16
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existing and projected reasonable-beneficial uses and to
2
sustain the water resources and related natural systems. The
3
planning must be conducted in an open public process, in
4
coordination and cooperation with local governments, regional
5
water supply authorities, government-owned and privately owned
6
water utilities, self-suppliers, and other affected and
7
interested parties. A determination by the governing board
8
that initiation of a regional water supply plan for a specific
9
planning region is not needed pursuant to this section shall
10
be subject to s. 120.569. The governing board shall
11
re-evaluate such a determination at least once every five
12
years and shall initiate a regional water supply plan, if
13
needed, pursuant to this subsection.
14
(2) Each regional water supply plan shall be based on
15
at least a 20-year planning period and shall include, but not
16
be limited to:
17
(a) A water supply development component that
18
includes:
19
1. A quantification of the water supply needs for all
20
existing and reasonably projected future uses within the
21
planning horizon. The level-of-certainty planning goal
22
associated with identifying the water supply needs of existing
23
and future reasonable-beneficial uses shall be based upon
24
meeting those needs for a 1-in-10 year drought event.
25
2. A list of water source options for water supply
26
development, including traditional and alternative sources,
27
from which local government, government-owned and privately
28
owned utilities, self-suppliers, and others may choose, which
29
will exceed the needs identified in subparagraph 1.
30
3. For each option listed in subparagraph 2., the
31
estimated amount of water available for use and the estimated
17
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
costs of and potential sources of funding for water supply
2
development.
3
4. A list of water supply development projects that
4
meet the criteria in s. 373.0831(4).
5
(b) A water resource development component that
6
includes:
7
1. A listing of those water resource development
8
projects that support water supply development.
9
2. For each water resource development project listed:
10
a. An estimate of the amount of water to become
11
available through the project.
12
b. The timetable for implementing or constructing the
13
project and the estimated costs for implementing, operating,
14
and maintaining the project.
15
c. Sources of funding and funding needs.
16
d. Who will implement the project and how it will be
17
implemented.
18
(c) The recovery and prevention strategy described in
19
s. 373.0421(2).
20
(d) A funding strategy for water resource development
21
projects, which shall be reasonable and sufficient to pay the
22
cost of constructing or implementing all of the listed
23
projects.
24
(e) Consideration of how the options addressed in
25
paragraphs (a) and (b) serve the public interest or save costs
26
overall by preventing the loss of natural resources or
27
avoiding greater future expenditures for water resource
28
development or water supply development. However, unless
29
adopted by rule, these considerations do not constitute final
30
agency action.
31
18
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
(f) The technical data and information applicable to
2
the planning region which are contained in the district water
3
management plan and are necessary to support the regional
4
water supply plan.
5
(g) The minimum flows and levels established for water
6
resources within the planning region.
7
(3) Regional water supply plans initiated or completed
8
by July 1, 1997, shall be revised, if necessary, to include a
9
water supply development component and a water resource
10
development component as described in paragraphs (2)(a) and
11
(b).
12
(4) Governing board approval of a regional water
13
supply plan shall not be subject to the rulemaking
14
requirements of Chapter 120. However, any portion of an
15
approved regional water supply plan which affects the
16
substantial interests of a party shall be subject to s.
17
120.569.
18
(5) By November 15, 1997, and annually thereafter, the
19
department shall submit to the Governor and the Legislature a
20
report on the status of regional water supply planning in each
21
district. The report shall include:
22
(a) A compilation of the estimated costs of and
23
potential sources of funding for water resource development
24
and water supply development projects, as identified in the
25
water management district regional water supply plans.
26
(b) A description of each district's progress toward
27
achieving its water resource development objectives, as
28
directed by s. 373.0831(3), including the district's
29
implementation of its 5-year water resource development work
30
program.
31
19
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
(6) Nothing contained in the water supply
2
development component of the district water management plan
3
shall be construed to require local governments,
4
government-owned or privately owned water utilities,
5
self-suppliers, or other water suppliers to select a water
6
supply development option identified in the component merely
7
because it is identified in the plan. However, this
8
subsection shall not be construed to limit the authority of
9
the department or governing board under part II.
10
Section 5. Section 373.042, Florida Statutes, 1996
11
Supplement, is amended to read:
12
373.042 Minimum flows and levels.--
13
(1) Within each section, or the water management
14
district as a whole, the department or the governing board
15
shall establish the following:
16
(a) Minimum flow for all surface watercourses in the
17
area. The minimum flow for a given watercourse shall be the
18
limit at which further withdrawals would be significantly
19
harmful to the water resources or ecology of the area.
20
(b) Minimum water level. The minimum water level
21
shall be the level of groundwater in an aquifer and the level
22
of surface water at which further withdrawals would be
23
significantly harmful to the water resources of the area.
24
25
The minimum flow and minimum water level shall be calculated
26
by the department and the governing board using the best
27
information available. When appropriate, minimum flows and
28
levels may be calculated to reflect seasonal variations. The
29
department and the governing board shall also consider, and at
30
their discretion may provide for, the protection of
31
20
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
nonconsumptive uses in the establishment of minimum flows and
2
levels.
3
(2) By July 1, 1996, the Southwest Florida Water
4
Management District shall amend and submit to the department
5
for review and approval its priority list for the
6
establishment of minimum flows and levels and delineating the
7
order in which the governing board shall establish the minimum
8
flows and levels for surface watercourses, aquifers, and
9
surface water in the counties of Hillsborough, Pasco, and
10
Pinellas. By November 15, 1997, and annually thereafter, each
11
water management district shall submit to the department for
12
review and approval a priority list and schedule for the
13
establishment of minimum flows and levels for surface
14
watercourses, aquifers, and surface waters within the
15
district. The priority list shall also identify those water
16
bodies for which the district will voluntarily undertake
17
independent scientific peer review. By January 1, 1998, and
18
annually thereafter, each water management district shall
19
publish its approved priority list and schedule in the Florida
20
Administrative Weekly. The priority list shall be based upon
21
the importance of the waters to the state or region and the
22
existence of or potential for significant harm to the water
23
resources or ecology of the state or region, and shall include
24
those waters which are experiencing or may reasonably be
25
expected to experience experiencing adverse impacts and those
26
waters which are identified as possible new water supply
27
sources proposing to withdraw 5 million gallons or more per
28
day in the future. The development of The priority list and
29
schedule shall not be subject to any constitute a point of
30
entry to an administrative proceeding pursuant to chapter 120.
31
Except as provided in subsection (3), the development of a
21
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
priority list and compliance with the schedule for the
2
establishment of minimum flows and levels pursuant to this
3
subsection shall satisfy the requirements of subsection (1).
4
(3) Minimum flows or levels for priority waters in the
5
Counties of Hillsborough, Pasco, and Pinellas subsection (2)
6
shall be established by October 1, 1997. Where a minimum flow
7
or level for the priority waters within those counties has not
8
been established by the applicable deadline, the secretary of
9
the department shall, if requested by the governing body of
10
any local government within whose jurisdiction the affected
11
waters are located, establish the minimum flow or level flows
12
and levels in accordance with the procedures established by
13
this section. The department's reasonable costs in
14
establishing a minimum flow or level shall, upon request of
15
the secretary, be reimbursed by the applicable district.
16
(4)(a) Upon written request to the department or
17
governing board by a substantially affected person, or by
18
decision of the department or governing board, prior to the
19
establishment of a minimum flow or level and prior to the
20
filing of any petition for administrative hearing related to
21
the minimum flow or level, all scientific or technical data,
22
methodologies, and models, including all scientific and
23
technical assumptions employed in each model, used to
24
establish a minimum flow or level shall be subject to
25
independent scientific peer review. Independent scientific
26
peer review means review by a panel of independent, recognized
27
experts in the fields of hydrology, hydrogeology, limnology,
28
biology, and other scientific disciplines, to the extent
29
relevant to the establishment of the minimum flow or level.
30
(b) If independent scientific peer review is
31
requested, it shall be initiated at an appropriate point
22
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
agreed upon by the department or governing board and the
2
person or persons requesting the peer review. If no agreement
3
is reached, the department or governing board shall determine
4
the appropriate point at which to initiate peer review. The
5
members of the peer review panel shall be selected within 60
6
days of the point of initiation by agreement of the department
7
or governing board and the person or persons requesting the
8
peer review. If the panel is not selected within the 60-day
9
period, the time limitation may be waived upon the agreement
10
of all parties. If no waiver occurs, the department or
11
governing board may proceed to select the peer review panel.
12
The cost of the peer review shall be borne equally by the
13
district and each party requesting the peer review, to the
14
extent economically feasible. The panel shall submit a final
15
report to the governing board within 120 days after its
16
selection unless the deadline is waived by agreement of all
17
parties. Initiation of peer review pursuant to this paragraph
18
shall toll any applicable deadline under chapter 120 or other
19
law or district rule regarding permitting, rulemaking, or
20
administrative hearings, until 60 days following submittal of
21
the final report. Any such deadlines shall also be tolled for
22
60 days following withdrawal of the request or following
23
agreement of the parties that peer review will no longer be
24
pursued. The department or the governing board shall give
25
significant weight to the final report of the peer review
26
panel when establishing the minimum flow or level.
27
(c) If the final data, methodologies, and models,
28
including all scientific and technical assumptions employed in
29
each model upon which a minimum flow or level is based, have
30
undergone peer review pursuant to this subsection, by request
31
or by decision of the department or governing board, no
23
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
further peer review shall be required with respect to that
2
minimum flow or level.
3
(d) No minimum flow or level adopted by rule or
4
formally noticed for adoption on or before May 2, 1997, shall
5
be subject to the peer review provided for in this subsection.
6
Prior to the establishment of minimum flows or levels for
7
water resources areas identified in subsection (2), and prior
8
to filing any petition for administrative hearing, scientific
9
or technical data and methodologies, if in dispute, shall,
10
upon written request to the governing board by a substantially
11
affected person, be subject to independent scientific peer
12
review. The members of the peer review panel shall be
13
selected by agreement of the parties in interest within 60
14
days after receipt of the request. In the event the panel is
15
not selected within this time, then, upon the agreement of all
16
parties, the time may be waived, or, if no waiver occurs, the
17
governing board may proceed to establish the minimum flows and
18
levels. The cost of the peer review shall be borne equally by
19
the parties selecting the panel, to the extent economically
20
feasible. The panel shall conduct at least one public meeting
21
of the full panel in accordance with s. 286.011(1) and (6)
22
prior to the submission of the final report. The panel shall
23
submit a final report to the governing board within 120 days
24
after selection. Upon request by all members of the panel and
25
agreement of the parties, the time for submittal may be
26
extended for up to 30 additional days. In the event the final
27
report is not submitted within such time, the governing board
28
may proceed to establish the minimum flows and levels pursuant
29
to this section. Filing of a request shall toll any applicable
30
deadline under chapter 120, or other law or district rule,
31
until 60 days following submittal of the final report. Any
24
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
such deadlines shall also be tolled for 60 days following the
2
withdrawal of the request, agreement of the parties that peer
3
review will no longer be pursued, or failure to meet any
4
deadline set forth in this subsection. If the selection of
5
the panel is subject to the requirements of chapter 287, then
6
the panel shall submit its final report to the governing board
7
within 120 days after the completion of the process required
8
pursuant to chapter 287. The governing board shall give
9
significant weight to the final report of the panel in
10
establishing the minimum flow or level, as appropriate. The
11
final report may also be entered into the record by any party
12
to the proceeding in which the minimum flow or level is
13
applicable.
14
(5) If a petition for administrative hearing is filed
15
under chapter 120 challenging the establishment of a the
16
minimum flow or level flows or levels, the report of an the
17
independent scientific peer review conducted under subsection
18
(4) is admissible as evidence in the final hearing, and the
19
administrative law judge hearing officer must render the order
20
within 120 days after the filing of the petition. The time
21
limit for rendering the an order shall not be extended except
22
by agreement of all the parties. To the extent that the
23
parties agree to the findings of the peer review, they may
24
stipulate that those findings be incorporated as findings of
25
fact in the final order.
26
Section 6. Section 373.0421, Florida Statutes, is
27
created to read:
28
373.0421 Establishment and implementation of minimum
29
flows and levels.--
30
(1) ESTABLISHMENT.--
31
25
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
(a) When establishing minimum flows and levels
2
pursuant to s. 373.042, the department or governing board
3
shall consider changes and structural alterations to
4
watersheds, surface waters, and aquifers and the effects such
5
changes or alterations have had, and the constraints such
6
changes or alterations have placed, on the hydrology of an
7
affected watershed, surface water, or aquifer, provided that
8
nothing in this paragraph shall allow significant harm as
9
provided by s. 373.042(1) caused by withdrawals.
10
(b) Exclusions.--
11
1. The Legislature recognizes that certain water
12
bodies no longer serve their historical hydrologic functions.
13
The Legislature also recognizes that recovery of these water
14
bodies to historical hydrologic conditions may not be
15
economically or technically feasible, and that such recovery
16
effort could cause adverse environmental or hydrologic
17
impacts. Accordingly, the department or governing board may
18
determine that setting a minimum flow or level for such a
19
water body based on its historical condition is not
20
appropriate.
21
2. The department or the governing board is not
22
required to establish minimum flows or levels pursuant to s.
23
373.042 for surface water bodies less than 25 acres in area,
24
unless the water body or bodies, individually or cumulatively,
25
have significant economic, environmental, or hydrologic value.
26
3. The department or the governing board shall not set
27
minimum flows or levels pursuant to s. 373.042 for surface
28
water bodies constructed prior to the requirement for a
29
permit, or pursuant to an exemption, a permit, or a
30
reclamation plan which regulates the size, depth, or function
31
of the surface water body under the provisions of chapter 373,
26
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
chapter 378, or chapter 403, unless the constructed surface
2
water body is of significant hydrologic value or is an
3
essential element of the water resources of the area.
4
5
The exclusions of this paragraph shall not apply to the
6
Everglades Protection Area, as defined in s. 373.4592(2)(h).
7
(2) If the existing flow or level in a water body is
8
below, or is projected to fall within 20 years below, the
9
applicable minimum flow or level established pursuant to s.
10
373.042, the department or governing board, as part of the
11
regional water supply plan described in s. 373.0361, shall
12
expeditiously implement a recovery or prevention strategy,
13
which includes the development of additional water supplies
14
and other actions, consistent with the authority granted by
15
this chapter, to:
16
(a) Achieve recovery to the established minimum flow
17
or level as soon as practicable; or
18
(b) Prevent the existing flow or level from falling
19
below the established minimum flow or level.
20
21
The recovery or prevention strategy shall include phasing or a
22
timetable which will allow for the provision of sufficient
23
water supplies for all existing and projected
24
reasonable-beneficial uses, including development of
25
additional water supplies and implementation of conservation
26
and other efficiency measures concurrent with to the extent
27
practical, and to offset, reductions in permitted withdrawals,
28
consistent with the provisions of this chapter.
29
(3) The provisions of this section are supplemental to
30
any other specific requirements or authority provided by law.
31
27
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
Minimum flows and levels shall be reevaluated periodically and
2
revised as needed.
3
Section 7. Subsection (6) is added to section 373.046,
4
Florida Statutes, 1996 Supplement, to read:
5
373.046 Interagency agreements.--
6
(6) When the geographic area of a project or local
7
government crosses water management district boundaries, the
8
affected districts may designate a single affected district by
9
interagency agreement to implement in that area, under the
10
rules of the designated district, all or part of the
11
applicable regulatory responsibilities under chapter 373.
12
Interagency agreements entered into under this subsection
13
which apply to the geographic area of a local government must
14
have the concurrence of the affected local government. The
15
application under this subsection, by rule, of any existing
16
district rule that was adopted or formally noticed for
17
adoption on or before May 11, 1995, is not subject to s.
18
70.001.
19
Section 8. Paragraph (a) of subsection (8) of section
20
373.0693, Florida Statutes, is amended to read:
21
373.0693 Basins; basin boards.--
22
(8)(a) At 11:59 p.m. on June 30, 1988, the area
23
transferred from the Southwest Florida Water Management
24
District to the St. Johns River Water Management District by
25
change of boundaries pursuant to chapter 76-243, Laws of
26
Florida, shall cease to be a subdistrict or basin of the St.
27
Johns River Water Management District known as the Oklawaha
28
River Basin and said Oklawaha River Basin shall cease to
29
exist. However, any recognition of an Oklawaha River Basin or
30
an Oklawaha River Hydrologic Basin for regulatory purposes
31
shall be unaffected. The area formerly known as the Oklawaha
28
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
River Basin shall continue to be part of the St. Johns River
2
Water Management District. There shall be established by the
3
governing board of the St. Johns River Water Management
4
District the Oklawaha River Basin Advisory Council to receive
5
public input and advise the St. Johns River Water Management
6
District's governing board on water management issues
7
affecting the Oklawaha River Basin. The Oklawaha River Basin
8
Advisory Council shall be appointed by action of the St. Johns
9
River Water Management District's governing board and shall
10
include one representative from each county which is wholly or
11
partly included in the Oklawaha River Basin. The St. Johns
12
River Water Management District's governing board member
13
currently serving pursuant to s. 373.073(2)(c)3.
14
373.073(1)(b)3.c., shall serve as chair of the Oklawaha River
15
Basin Advisory Council. Members of the Oklawaha River Basin
16
Advisory Council shall receive no compensation for their
17
services but are entitled to be reimbursed for per diem and
18
travel expenses as provided in s. 112.061.
19
Section 9. Section 373.073, Florida Statutes, is
20
amended to read:
21
373.073 Governing board.--
22
(1)(a) The governing board of each water management
23
district shall be composed of 9 members who shall reside
24
within the district, except that the Southwest Florida Water
25
Management District shall be composed of 11 members who shall
26
reside within the district. Members of the governing boards
27
shall be appointed by the Governor, subject to confirmation by
28
the Senate at the next regular session of the Legislature, and
29
the refusal or failure of the Senate to confirm an appointment
30
creates a vacancy in the office to which the appointment was
31
made. The term of office for a governing board member is 4
29
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
years and commences on March 2 of the year in which the
2
appointment is made and terminates on March 1 of the 4th
3
calendar year of the term. Terms of office of governing board
4
members shall be staggered to help maintain consistency and
5
continuity in the exercise of governing board duties and to
6
minimize disruption in district operations. The term of office
7
of members of the board shall be 4 years and shall be
8
construed to commence on March 2 preceding the date of
9
appointment and to terminate March 1 of the year of the end of
10
a term. Members of the governing boards continued under this
11
chapter shall be appointed from the district at large as
12
vacancies occur on the governing boards. Such vacancies shall
13
be filled according to the residency requirements of paragraph
14
(b).
15
(b) Commencing January 1, 1999, the Governor shall
16
appoint the following number of governing board members in
17
each year of the Governor's 4-year term of office:
18
1. In the first year of the Governor's term of office,
19
the Governor shall appoint three members to the governing
20
board of each district.
21
2. In the second year of the Governor's term of
22
office, the Governor shall appoint three members to the
23
governing board of the Southwest Florida Water Management
24
District and two members to the governing board of each other
25
district.
26
3. In the third year of the Governor's term of office,
27
the Governor shall appoint three members to the governing
28
board of the Southwest Florida Water Management District and
29
two members to the governing board of each other district.
30
31
30
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
4. In the fourth year of the Governor's term of
2
office, the Governor shall appoint two members to the
3
governing board of each district.
4
5
For any governing board vacancy that occurs before the date
6
scheduled for the office to be filled under this paragraph,
7
the Governor shall appoint a person meeting residency
8
requirements of subsection (2) for a term that will expire on
9
the date scheduled for the term of that office to terminate
10
under this subsection. In addition to the residency
11
requirements for the governing boards as provided by
12
subsection (2), the Governor shall consider appointing
13
governing board members to represent an equitable
14
cross-section of regional interests and technical expertise.
15
(2)(b) Membership on governing boards shall be
16
selected from candidates who have significant experience in
17
one or more of the following areas, including, but not limited
18
to: agriculture, the development industry, local government,
19
government-owned or privately-owned water utilities, law,
20
civil engineering, environmental science, hydrology,
21
accounting, or financial businesses. Notwithstanding the
22
provisions of any other general or special law to the
23
contrary, vacancies in the governing boards of the water
24
management districts shall be filled according to the
25
following residency requirements, representing areas
26
designated by the United States Water Resources Council in
27
United States Geological Survey, River Basin and Hydrological
28
Unit Map of Florida--1975, Map Series 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
31
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Third 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
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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
33
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Third 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
34
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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, members composing the governing board shall
24
meet at some convenient place and choose one of their number
25
as chair of the board, and some suitable person, who may or
26
may not be a member of the governing board, and who may be
27
required to execute bond for the faithful performance of his
28
or her duties as the governing board may determine, as
29
secretary. Such board shall adopt a seal with a suitable
30
device and shall keep a well-bound book entitled, in effect,
31
"Record of Governing Board of .... District," in which shall
35
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Third Engrossed
1
be recorded minutes of all meetings, resolutions, proceedings,
2
certificates, bonds given by all employees, and any and all
3
corporate acts, which book shall at reasonable times be open
4
to the inspection of any citizen of this state or taxpayer in
5
the district or his or her agent or attorney.
6
(4)(a) The governing board of the district is
7
authorized to employ an executive director, ombudsman, and
8
such engineers, other professional persons, and other
9
personnel and assistants as it deems necessary and under such
10
terms and conditions as it may determine and to terminate such
11
employment. The appointment of an executive director by the
12
governing board is subject to approval by the Governor and
13
must be initially confirmed by the Florida Senate. The
14
governing board may delegate all or part of its authority
15
under this paragraph to the executive director. The executive
16
director must be confirmed by the Senate upon employment and
17
must be confirmed or reconfirmed by the Senate during the
18
second regular session of the Legislature following a
19
gubernatorial election.
20
(5) The governing board may employ a legal staff for
21
the purposes of:
22
(a) Providing legal counsel to the governing board on
23
matters relating to the exercise of its powers and duties and
24
to the executive director and district staff on matters
25
relating to the day-to-day operations of the district;
26
(b) Representing it in all proceedings of an
27
administrative or judicial nature; and
28
(c) Otherwise assisting in the administration of the
29
provisions of this chapter.
30
31
36
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Third Engrossed
1
Attorneys employed by the district must represent the legal
2
interest or position of the governing board.
3
Section 11. Section 373.0831, Florida Statutes, is
4
created to read:
5
373.0831 Water resource development; water supply
6
development.--
7
(1) The Legislature finds that:
8
(a) The proper role of the water management districts
9
in water supply is primarily planning and water resource
10
development, but this does not preclude them from providing
11
assistance with water supply development.
12
(b) The proper role of local government, regional
13
water supply authorities, and government-owned and privately
14
owned water utilities in water supply is primarily water
15
supply development, but this does not preclude them from
16
providing assistance with water resource development.
17
(c) Water resource development and water supply
18
development must receive priority attention, where needed, to
19
increase the availability of sufficient water for all existing
20
and future reasonable-beneficial uses and natural systems.
21
(2) It is the intent of the Legislature that:
22
(a) Sufficient water be available for all existing and
23
future reasonable-beneficial uses and the natural systems, and
24
that the adverse effects of competition for water supplies be
25
avoided.
26
(b) Water management districts take the lead in
27
identifying and implementing water resource development
28
projects, and be responsible for securing necessary funding
29
for regionally significant water resource development
30
projects.
31
37
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CS/HBs 715, 1249, 1321 & 1339,
Third 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.
9
(d) Water supply development be conducted in
10
coordination with water management district regional water
11
supply planning and water resource development.
12
(3) The water management districts shall fund and
13
implement water resource development as defined in s. 373.019.
14
Each governing board shall include in its annual budget the
15
amount needed for the fiscal year to implement water resource
16
development projects, as prioritized in its regional water
17
supply plans.
18
(4)(a) Water supply development projects which are
19
consistent with the relevant regional water supply plans and
20
which meet one or more of the following criteria shall receive
21
priority consideration for state or water management district
22
funding assistance:
23
1. The project supports establishment of a dependable,
24
sustainable supply of water which is not otherwise financially
25
feasible;
26
2. The project provides substantial environmental
27
benefits by preventing or limiting adverse water resource
28
impacts, but require funding assistance to be economically
29
competitive with other options; or
30
31
38
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
3. The project significantly implements reuse,
2
storage, recharge, or conservation of water in a manner that
3
contributes to the sustainability of regional water sources.
4
(b) Water supply development projects which meet the
5
criteria in paragraph (a) and also bring about replacement of
6
existing sources in order to help implement a minimum flow or
7
level shall be given first consideration for state or water
8
management district funding assistance.
9
Section 12. Subsection (5) of section 373.139, Florida
10
Statutes, 1996 Supplement, is amended to read:
11
373.139 Acquisition of real property.--
12
(5) Lands acquired for the purposes enumerated in
13
subsection (2) may also be used for recreational purposes, and
14
whenever practicable such lands shall be open to the general
15
public for recreational uses. Except when prohibited by a
16
covenant or condition described in s. 373.056(2), lands owned,
17
managed, and controlled by the district may be used for
18
multiple purposes, including, but not limited to, agriculture,
19
silviculture, and water supply, as well as boating and other
20
recreational uses.
21
Section 13. Section 373.236, Florida Statutes, is
22
amended to read:
23
373.236 Duration of permits.--
24
(1) Permits shall may be granted for a any period of
25
time not exceeding 20 years, if requested for that period of
26
time, if there is sufficient data to provide reasonable
27
assurance that the conditions for permit issuance will be met
28
for the duration of the permit; otherwise permits may be
29
issued for shorter durations which reflect the period for
30
which such reasonable assurances can be provided. The
31
governing board or the department may base the duration of
39
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
permits on a reasonable system of classification according to
2
source of supply or type of use, or both.
3
(2) The governing board or the department may
4
authorize a permit of duration of up to 50 years in the case
5
of a municipality or other governmental body or of a public
6
works or public service corporation where such a period is
7
required to provide for the retirement of bonds for the
8
construction of waterworks and waste disposal facilities.
9
(3) Where necessary to maintain reasonable assurance
10
that the conditions for issuance of a 20-year permit can
11
continue to be met, the governing board or department, in
12
addition to any conditions required pursuant to s. 373.219,
13
may require a compliance report by the permittee every 5 years
14
during the term of a permit. This report shall contain
15
sufficient data to maintain reasonable assurance that the
16
initial conditions for permit issuance are met. Following
17
review of this report, the governing board or the department
18
may modify the permit to ensure that the use meets the
19
conditions for issuance. Permit modifications pursuant to
20
this subsection shall not be subject to competing
21
applications, provided there is no increase in the permitted
22
allocation or permit duration, and no change in source, except
23
for changes in source requested by the district. This
24
subsection shall not be construed to limit the existing
25
authority of the department or the governing board to modify
26
or revoke a consumptive use permit.
27
Section 14. By January 1, 1998, the Department of
28
Environmental Protection, in coordination with the appropriate
29
water management districts and the Department of Health, shall
30
transmit to the Speaker of the House of Representatives, the
31
President of the Senate, and the Governor a proposal for
40
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
reevaluating areas of the state which were previously
2
delineated by the Department of Environmental Protection
3
pursuant to s. 376.309(1)(e), Florida Statutes, as having
4
contaminated water supplies, including contamination from
5
ethylene dibromide, in order to ascertain whether or not the
6
contamination has been reduced to levels which do not pose a
7
threat to human health and to determine if the delineated
8
areas should be redrawn or removed. The proposal shall
9
reflect a systematic approach to the reevaluation, with an
10
emphasis on determining the current state of contamination,
11
potential remedies, the adequacy of existing remedies such as
12
requirements for grouting of well-casing, and relief to
13
affected citizens. The proposal shall also include estimates
14
of cost and recommendations as to available funding sources
15
for the reevaluation. Any deletion from, addition to, or
16
redrawing of the delineation areas shall be based on the
17
scientific evidence of the reevaluation conducted under this
18
subparagraph.
19
Section 15. Effective October 1, 1997, section
20
373.507, Florida Statutes, is amended to read:
21
373.507 Districts and basins; postaudits, budgets,
22
basins, and taxing authorities; budget and expense reports;
23
audits.--
24
(1) Each district and basin referred to in this
25
chapter must shall furnish a detailed copy of its budget and
26
past year's expenditures to the Governor, the Legislature, and
27
the governing body of each county in which the district or
28
basin has jurisdiction or derives any funds for the operations
29
of the district or basin.
30
(2) Each district and basin referred to in this
31
chapter must, basin, and taxing authority shall make provision
41
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
for an annual postaudit of its financial accounts. The
2
postaudit must These postaudits shall be made in accordance
3
with the rules of the Auditor General adopted under
4
promulgated pursuant to ss. 166.241 and 11.47.
5
(3)(a) Each district referred to in this chapter must
6
furnish copies of the following documents to the Governor, the
7
President of the Senate, the Speaker of the House of
8
Representatives, the chairs of all legislative committees and
9
subcommittees with substantive or fiscal jurisdiction over
10
districts, as determined by the President or Speaker as
11
applicable, the secretary of the department, and the governing
12
body of each county in which the district has jurisdiction or
13
derives any funds for the operations of the district:
14
1. The tentative budget.
15
2. The adopted budget.
16
3. The past year's expenditures.
17
4. The postaudit described in subsection (2).
18
(b) The documents must be furnished by the earlier of
19
10 days following completion of each document or as otherwise
20
provided by law.
21
(c) If any entity in paragraph (a) provides written
22
comments to the district regarding any document furnished, the
23
district must respond to the comments in writing and furnish
24
copies of the comments and written responses to the other
25
entities.
26
Section 16. Effective October 1, 1997, subsections (1)
27
and (3), and paragraphs (a) and (c) of subsection (5), of
28
section 373.536, Florida Statutes, 1996 Supplement, are
29
amended to read:
30
373.536 District budget and hearing thereon.--
31
42
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Third Engrossed
1
(1) The fiscal year of districts created under the
2
provisions of this chapter shall extend from October 1 of one
3
year through September 30 of the following year. The budget
4
officer of the district shall, on or before July 15 of each
5
year, submit for consideration by the governing board of the
6
district a tentative budget for the district covering its
7
proposed operation and requirements for the ensuing fiscal
8
year. Unless alternative notice requirements are otherwise
9
provided by law, notice of all budget hearings conducted by
10
the governing board or district staff must be published in a
11
newspaper of general circulation in each county in which the
12
district lies not less than 5 days nor more than 15 days
13
before the hearing. Budget workshops conducted for the public
14
and not governed by s. 200.065 must be advertised in a
15
newspaper of general circulation in the community or area in
16
which the workshop will occur not less than 5 days nor more
17
than 15 days before the workshop. The tentative budget shall
18
be adopted in accordance with the provisions of s. 200.065;
19
however, if the mailing of the notice of proposed property
20
taxes is delayed beyond September 3 in any county in which the
21
district lies, the district shall advertise its intention to
22
adopt a tentative budget and millage rate, pursuant to s.
23
200.065(3)(g), in a newspaper of general paid circulation in
24
that county. The budget shall set forth, classified by object
25
and purpose, and by fund if so designated, the proposed
26
expenditures of the district for bonds or other debt, for
27
construction, for acquisition of land, for operation and
28
maintenance of the district works, for the conduct of the
29
affairs of the district generally, and for other purposes, to
30
which may be added an amount to be held as a reserve. District
31
43
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Third Engrossed
1
administrative and operating expenses must be identified in
2
the budget and allocated among district programs.
3
(3) As provided in s. 200.065(2)(d), the board shall
4
publish one or more notices of its intention to finally adopt
5
a budget for the district for the ensuing fiscal year. The
6
notice shall appear adjacent to an advertisement which shall
7
set forth the tentative budget in full. The notice and
8
advertisement shall be published in one or more newspapers
9
having a combined general circulation in the counties having
10
land in the district. Districts may include explanatory
11
phrases and examples in budget advertisements published under
12
s. 200.065 to clarify or illustrate the effect that the
13
district budget may have on ad valorem taxes.
14
(5)(a) The Executive Office of the Governor is
15
authorized to approve or disapprove, in whole or in part, the
16
budget of each water management district and shall analyze
17
each budget as to the adequacy of fiscal resources available
18
to the district and the adequacy of district expenditures
19
related to water supply, including water resource development
20
projects identified in the district's regional water supply
21
plans; water quality; flood protection and floodplain
22
management; and natural systems. This analysis shall be based
23
on the particular needs within each water management district
24
in those four areas of responsibility.
25
(c) Each water management district shall, by August 1
26
5 of each year, submit for review a tentative budget to the
27
Governor, the President of the Senate, the Speaker of the
28
House of Representatives, the chairs of all legislative
29
committees and subcommittees with substantive or fiscal
30
jurisdiction over water management districts, the secretary of
31
the department, and the governing body of each county in which
44
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
the district has jurisdiction or derives any funds for the
2
operations of the district. The tentative budget, which must
3
include to the Department of Environmental Protection, the
4
Executive Office of the Governor, and the chairs of the
5
appropriations committees of the Legislature for review a
6
tentative budget that includes, but is not limited to, the
7
following information for the preceding fiscal year and the
8
current fiscal year, and the proposed amounts for the upcoming
9
fiscal year, in a standard format prescribed by the Executive
10
Office of the Governor department which is generally
11
consistent with the format prescribed by legislative budget
12
instructions for state agencies and the format requirements of
13
s. 216.031:
14
1. The millage rates and the percentage increase above
15
the rolled-back rate, together with a summary of the reasons
16
the increase is required, and the percentage increase in
17
taxable value resulting from new construction;
18
2. For each program area, The salary and benefits,
19
expenses, operating capital outlay, number of authorized
20
positions, and other personal services for the following
21
program areas, including a separate section for lobbying,
22
intergovernmental relations, and advertising:;
23
a. District management and administration;
24
b. Implementation through outreach activities;
25
c. Implementation through regulation;
26
d. Implementation through acquisition, restoration,
27
and public works;
28
e. Implementation through operations and maintenance
29
of lands and works;
30
f. Water resources planning and monitoring; and
31
45
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
g. A full description and accounting of expenditures
2
for lobbying activities relating to local, regional, state,
3
and federal governmental affairs, whether incurred by district
4
staff or through contractual services and all expenditures for
5
public relations, including all expenditures for public
6
service announcements and advertising in any media.
7
8
In addition to the program areas reported by all water
9
management districts, the South Florida Water Management
10
District shall include in its budget document a separate
11
section on all costs associated with the Everglades
12
Construction Project.
13
3. The total amount in the district budget for each
14
area of responsibility listed in paragraph (a) and for water
15
resource development projects identified in the district's
16
regional water supply plans.
17
4.3. A description of each new, expanded, reduced, or
18
eliminated program.;
19
5. A proposed five-year water resource development
20
work program, that describes the district's implementation
21
strategy for the water resource development component of each
22
approved regional water supply plan developed or revised
23
pursuant to s. 373.0361. The work program shall address all
24
the elements of the water resource development component in
25
the district's approved regional water supply plans. The
26
Office of the Governor, with the assistance of the department,
27
shall review the proposed work program. The review shall
28
include a written evaluation of its consistency with and
29
furtherance of the district's approved regional water supply
30
plans, and adequacy of proposed expenditures. As part of the
31
review, the Executive Office of the Governor and the
46
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
department shall afford to all interested parties the
2
opportunity to provide written comments on each district's
3
proposed work program. At least seven days prior to the
4
adoption of its final budget, the governing board shall state
5
in writing to the Executive Office of the Governor which
6
changes recommended in the evaluation it will incorporate into
7
its work program, or specify the reasons for not incorporating
8
the changes. The Office of the Governor shall include the
9
district's responses in the written evaluation and shall
10
submit a copy of the evaluation to the Legislature; and
11
6.5. The funding sources, including, but not limited
12
to, ad valorem taxes, Surface Water Improvement and Management
13
Program funds, other state funds, federal funds, and user fees
14
and permit fees for each program area.
15
(d) The department shall, by September 5 of the year
16
in which the budget is submitted, after taking into account
17
continuing and proposed program needs, provide its review and
18
comments to the governing board and the Governor. By
19
September 5 of the year in which the budget is submitted, the
20
Executive Office of the Governor and the House and Senate
21
appropriations chairs may transmit to each district comments
22
and objections to the proposed budgets. Each district
23
governing board shall include a response to such comments and
24
objections in the record of the governing board meeting where
25
final adoption of the budget takes place, and the record of
26
this meeting shall be transmitted to the Executive Office of
27
the Governor, the department, and the chairs of the House and
28
Senate appropriations committees.
29
(e) The Executive Office of the Governor department
30
shall annually, on or before December 15, file with the
31
Governor and the Legislature a report that summarizes the
47
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
expenditures of the water management districts by program area
2
and identifies the districts that are not in compliance with
3
the reporting requirements of this section. State funds shall
4
be withheld from a water management district that fails to
5
comply with these reporting requirements.
6
Section 17. Subsection (1) and paragraph (a) of
7
subsection (4) of section 373.59, Florida Statutes, 1996
8
Supplement, are amended to read:
9
373.59 Water Management Lands Trust Fund.--
10
(1) There is established within the Department of
11
Environmental Protection the Water Management Lands Trust Fund
12
to be used as a nonlapsing fund for the purposes of this
13
section. The moneys in this fund are hereby continually
14
appropriated for the purposes of land acquisition, management,
15
maintenance, capital improvements, payments in lieu of taxes,
16
and administration of the fund in accordance with the
17
provisions of this section. In addition, for fiscal year
18
1995-1996, moneys in the fund that are not revenues from the
19
sale of any bonds and that are not required for debt service
20
for any bond issue may be used to fund activities authorized
21
under the Surface Water Improvement and Management Act,
22
pursuant to ss. 373.451-373.4595, and for the control of
23
aquatic weeds pursuant to part II of chapter 369. Up to 25
24
percent of the moneys in the fund may be allocated annually to
25
the districts for management, maintenance, and capital
26
improvements pursuant to subsection (8) (7).
27
(4)(a) Moneys from the Water Management Lands Trust
28
Fund shall be used for acquiring the fee or other interest in
29
lands necessary for water management, water supply, and the
30
conservation and protection of water resources, except that
31
such moneys shall not be used for the acquisition of
48
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
rights-of-way for canals or pipelines. Such moneys shall also
2
be used for management, maintenance, and capital improvements.
3
Interests in real property acquired by the districts under
4
this section may be used for permittable water resource
5
development and water supply development purposes under the
6
following conditions: the minimum flows and levels of priority
7
water bodies on such lands have been established; the project
8
complies with all conditions for issuance of a permit under
9
part II of chapter 373; and the project is compatible with the
10
purposes for which the land was acquired. Lands acquired with
11
moneys from the fund shall be managed and maintained in an
12
environmentally acceptable manner and, to the extent
13
practicable, in such a way as to restore and protect their
14
natural state and condition.
15
Section 18. Paragraph (b) of subsection (4) of section
16
186.007, Florida Statutes, is amended to read:
17
186.007 State comprehensive plan; preparation;
18
revision.--
19
(4)
20
(b) The purpose of the growth management portion of
21
the state comprehensive plan is to establish clear, concise,
22
and direct goals, objectives, and policies related to land
23
development, water resources, transportation, and related
24
topics. In doing so, the plan should, where possible, draw
25
upon the work that agencies have invested in the state land
26
development plan, the Florida Transportation Plan, the Florida
27
water state water use plan, and similar planning documents.
28
Section 19. Paragraph (n) of subsection (2) of section
29
186.009, Florida Statutes, is amended to read:
30
186.009 Growth management portion of the state
31
comprehensive plan.--
49
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1
(2) The growth management portion of the state
2
comprehensive plan shall:
3
(n) Set forth recommendations on how to integrate the
4
Florida water state water use plan required by s. 373.036, the
5
state land development plan required by s. 380.031(17), and
6
transportation plans required by chapter 339.
7
8
The growth management portion of the state comprehensive plan
9
shall not include a land use map.
10
Section 20. Subsections (1) and (7) of section
11
373.103, Florida Statutes, are amended to read:
12
373.103 Powers which may be vested in the governing
13
board at the department's discretion.--In addition to the
14
other powers and duties allowed it by law, the governing board
15
of a water management district may be specifically authorized
16
by the department to:
17
(1) Administer and enforce all provisions of this
18
chapter, including the permit systems established in parts II,
19
III, and IV of this chapter, consistent with the state water
20
resource implementation rule policy.
21
(7) Prepare, in cooperation with the department, that
22
part of the Florida water state water use plan applicable to
23
the district.
24
Section 21. Subsection (2) of section 373.114, Florida
25
Statutes, is amended to read:
26
373.114 Land and Water Adjudicatory Commission; review
27
of district rules and orders; department review of district
28
rules.--
29
(2) The department shall have the exclusive authority
30
to review rules of the water management districts, other than
31
rules relating to internal management of the districts, to
50
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
ensure consistency with the state water resource
2
implementation rule policy as set forth in the rules of the
3
department. Within 30 days after adoption or revision of any
4
water management district rule, the department shall initiate
5
a review of such rule pursuant to this section.
6
(a) Within 30 days after adoption of a rule, any
7
affected person may request that a hearing be held before the
8
secretary of the department, at which hearing evidence and
9
argument may be presented relating to the consistency of the
10
rule with the state water resource implementation rule policy,
11
by filing a request for hearing with the department and
12
serving a copy on the water management district.
13
(b) If the department determines that the rule is
14
inconsistent with the state water resource implementation rule
15
policy, it may order the water management district to initiate
16
rulemaking proceedings to amend or repeal the rule.
17
(c) An order of the department requiring amendment or
18
repeal of a rule may be appealed to the Land and Water
19
Adjudicatory Commission by the water management district or
20
any other party to the proceeding before the secretary.
21
Section 22. Subsection (3) of section 373.418, Florida
22
Statutes, is amended to read:
23
373.418 Rulemaking; preservation of existing
24
authority.--
25
(3) The department or governing boards may adopt such
26
rules as are necessary to implement the provisions of this
27
part. Such rules shall be consistent with the state water
28
resource implementation rule policy and shall not allow harm
29
to water resources or be contrary to the policy set forth in
30
s. 373.016.
31
51
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Third Engrossed
1
Section 23. Subsection (2) of section 373.456, Florida
2
Statutes, is amended to read:
3
373.456 Approval of surface water improvement and
4
management plans.--
5
(2) The department shall have the exclusive authority
6
to review the plan to ensure consistency with the state water
7
resource implementation rule policy and the State
8
Comprehensive Plan.
9
Section 24. Subsection (14) of section 403.031,
10
Florida Statutes, 1996 Supplement, is amended to read:
11
403.031 Definitions.--In construing this chapter, or
12
rules and regulations adopted pursuant hereto, the following
13
words, phrases, or terms, unless the context otherwise
14
indicates, have the following meanings:
15
(14) "State water resource implementation rule policy"
16
means the rule authorized by s. 373.036, which sets
17
comprehensive statewide policy as adopted by the department
18
pursuant to ss. 373.026 and 403.061, setting forth goals,
19
objectives, and guidance for the development and review of
20
programs, rules, and plans relating to water resources, based
21
on statutory policies and directives. The waters of the state
22
are among its most basic resources. Such waters should be
23
managed to conserve and protect water resources and to realize
24
the full beneficial use of these resources.
25
Section 25. Subsection (1) and paragraph (a) of
26
subsection (3) of section 403.0891, Florida Statutes, are
27
amended to read:
28
403.0891 State, regional, and local stormwater
29
management plans and programs.--The department, the water
30
management districts, and local governments shall have the
31
52
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Third Engrossed
1
responsibility for the development of mutually compatible
2
stormwater management programs.
3
(1) The department shall include goals in the state
4
water resource implementation rule policy for the proper
5
management of stormwater.
6
(3)(a) Each local government required by chapter 163
7
to submit a comprehensive plan, whose plan is submitted after
8
July 1, 1992, and the others when updated after July 1, 1992,
9
in the development of its stormwater management program
10
described by elements within its comprehensive plan shall
11
consider the state water resource implementation rule policy,
12
district stormwater management goals, plans approved pursuant
13
to the Surface Water Improvement and Management Act, ss.
14
373.451-373.4595, and technical assistance information
15
provided by the water management districts pursuant to s.
16
373.0391.
17
Section 26. Subsection (10) of section 373.026,
18
section 373.039, and subsection (33) of section 403.061,
19
Florida Statutes, are repealed.
20
Section 27. Effective January 1, 1999, section
21
373.0735, Florida Statutes, is repealed.
22
Section 28. Nothing in sections 5 and 6 of this act
23
shall be construed to:
24
(1) Modify the order or dates by which the Southwest
25
Florida Water Management District will establish minimum flows
26
and levels for water bodies in Hillsborough, Pasco, and
27
Pinellas counties as listed pursuant to chapter 96-339, Laws
28
of Florida.
29
(2) Modify the peer review process for the
30
establishment of minimum flows and levels in Hillsborough,
31
53
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
Pasco, and Pinellas counties created by chapter 96-339, Laws
2
of Florida.
3
4
As it relates only to the counties of Hillsborough, Pasco, and
5
Pinellas, in the event of conflict between section
6
373.0421(2), Florida Statutes, created by this act and
7
statutory and case law existing immediately prior to the
8
effective date of this act, the prior law shall govern;
9
provided, however, that the establishment and implementation
10
of minimum flows for the Hillsborough River and the Palm
11
River/Tampa By-Pass Canal shall be governed by sections 5 and
12
6 of this act.
13
Section 29. Present subsections (3), (4), (5), (6),
14
and (7) of section 373.1962, Florida Statutes, are
15
redesignated as subsections (4), (5), (6), (7), and (8),
16
respectively, and a new subsection (3) is added to that
17
section, to read:
18
373.1962 Regional water supply authorities.--
19
(3) A regional water supply authority is authorized to
20
develop, construct, operate, maintain, or contract for
21
alternative sources of potable water, including desalinated
22
water, and pipelines to interconnect authority sources and
23
facilities, either by itself or jointly with a water
24
management district; however, such alternative potable water
25
sources, facilities, and pipelines may also be privately
26
developed, constructed, owned, operated, and maintained, in
27
which event an authority and a water management district are
28
authorized to pledge and contribute their funds to reduce the
29
wholesale cost of water from such alternative sources of
30
potable water supplied by an authority to its member
31
governments.
54
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
Section 30. Subsection (1) of section 373.1963,
2
Florida Statutes, is amended to read:
3
373.1963 Assistance to West Coast Regional Water
4
Supply Authority.--
5
(1) It is the intent of the Legislature to encourage
6
and facilitate the implementation of changes in governance
7
recommended by the West Coast Regional Water Supply Authority
8
in its report to the Legislature dated February 1, 1997. The
9
authority shall submit a supplemental report to the President
10
of the Senate and the Speaker of the House of Representatives
11
on the status of implementing its prior recommendations for
12
changes in governance by January 5, 1998. The authority may
13
reconstitute its governance in a manner consistent with its
14
report to the Legislature, and with the provisions set forth
15
herein, under a voluntary interlocal agreement with a term of
16
not less than 20 years, which substantially provides as
17
follows:
18
(a) The authority and its member governments agree
19
that cooperative efforts are mandatory to meet their water
20
needs in a manner that will provide adequate and dependable
21
supplies of water where needed without resulting in adverse
22
environmental effects upon the areas from which the water is
23
withdrawn or otherwise produced.
24
(b) To the extent provided in the interlocal
25
agreement, and to the extent permitted by law:
26
1. All member governments shall relinquish to the
27
authority their individual rights to develop potable water
28
supply sources;
29
2. The authority shall be the sole and exclusive
30
wholesale potable water supplier for all member governments;
31
and
55
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
3. The authority shall have the absolute and
2
unequivocal obligation to meet the wholesale needs of the
3
member governments for potable water.
4
(c) The authority shall acquire full or lesser
5
interests in all regionally significant member government
6
wholesale water supply facilities and tangible assets and each
7
member government shall convey such interests in the
8
facilities and assets to the authority, at an agreed value.
9
(d) The authority shall charge a uniform per gallon
10
wholesale rate to member governments for the wholesale supply
11
of potable water. All capital, operation, maintenance, and
12
administrative costs for existing facilities and acquired
13
facilities, authority master water plan facilities, and other
14
future projects must be allocated to member governments based
15
on water usage at the uniform per gallon wholesale rate.
16
(e) To the extent provided in the interlocal agreement
17
and to the extent permitted by law, member governments shall
18
develop procedures for resolving their differences regarding
19
water management district proposed agency action in the water
20
use permitting process within the authority. Such procedures
21
should minimize the potential for litigation and include
22
alternative dispute resolution. Nothing herein or in said
23
procedures shall affect the rights of participants under
24
chapter 120.
25
(f) Upon execution of the voluntary interlocal
26
agreement provided for herein, the authority shall jointly
27
develop with the Southwest Florida Water Management District
28
alternative sources of potable water and transmission pipeline
29
to interconnect regionally significant water supply sources
30
and facilities of the authority in amounts sufficient to meet
31
the needs of all member governments for a period of at least
56
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
20 years and for natural systems. Nothing herein, however,
2
shall preclude the authority and its member governments from
3
developing traditional water sources pursuant to the voluntary
4
interlocal agreement. Development and construction costs for
5
alternative source facilities, which may include a
6
desalination facility and significant regional interconnects,
7
must be borne as mutually agreed to by both the authority and
8
the Southwest Florida Water Management District. Nothing
9
herein shall preclude authority or district cost-sharing with
10
private entities for the construction or ownership of
11
alternative source facilities. By December 31, 1997, the
12
authority and the Southwest Florida Water Management District
13
shall:
14
1. Enter into a mutually acceptable agreement
15
detailing the development and implementation of directives
16
contained in this paragraph; or
17
2. Jointly prepare and submit to the President of the
18
Senate and the Speaker of the House of Representatives a
19
report describing the progress made and impediments
20
encountered in their attempts to implement the water resource
21
development and water supply development directives contained
22
in this paragraph.
23
24
Nothing in this subsection shall be construed to modify the
25
rights or responsibilities of the Authority, its member
26
governments or the Southwest Florida Water Management District
27
as otherwise set forth by statutes.
28
(g) Unless otherwise provided in the interlocal
29
agreement, the authority shall be governed by a Board of
30
Commissioners consisting of 9 voting members, all of whom must
31
be elected officers, as follows:
57
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
1. Three members from Hillsborough County who must be
2
selected by the county commission, provided, however, that one
3
members hall be selected by the Mayor of Tampa in the event
4
that the City of Tampa elects to be a member of the authority;
5
2. Three members from Pasco County, two of whom must
6
be selected by the county commission and one of whom must be
7
selected by the City Council of New Port Richey;
8
3. Three members from Pinellas County, two of whom
9
must be selected by the county commission and one of whom must
10
be selected by the City Council of St. Petersburg.
11
12
Except as otherwise provided in this section or in the
13
voluntary interlocal agreement between the member governments,
14
a majority vote shall bind the authority and its member
15
governments in all matters relating to the funding of
16
wholesale water supply, production, delivery, and related
17
activities.
18
(1) It is the intent of the Legislature that the West
19
Coast Regional Water Supply Authority established pursuant to
20
s. 373.1962 shall develop an evaluation and recommendation of
21
the following:
22
(a) Authority membership and voting;
23
(b) Funding options and implementation, including
24
membership responsibility apportionment;
25
(c) A water supply development plan based on a 20-year
26
planning horizon;
27
(d) Facilities ownership and management;
28
(e) Governing board membership, terms,
29
responsibilities, and officers; and
30
31
58
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Third Engrossed
1
(f) Utilization of .10 mills of basin board ad valorem
2
taxing authority, were the Legislature or the water management
3
district to make such funding available to the authority.
4
5
The authority shall submit a report to the Speaker of the
6
House of Representatives and the President of the Senate on
7
the elements described in this subsection by February 1, 1997.
8
This report may include proposed necessary statutory
9
amendments to implement the recommendations of the authority.
10
Section 31. Paragraph (e) of subsection (1) of section
11
376.307, Florida Statutes, 1996 Supplement, is amended to
12
read:
13
376.307 Water Quality Assurance Trust Fund.--
14
(1) The Water Quality Assurance Trust Fund is intended
15
to serve as a broad-based fund for use in responding to
16
incidents of contamination that pose a serious danger to the
17
quality of groundwater and surfacewater resources or otherwise
18
pose a serious danger to the public health, safety, or
19
welfare. Moneys in this fund may be used:
20
(e) To restore or replace contaminated private potable
21
water wells or water systems. However, funds used as provided
22
in this paragraph must be expended for water supply systems or
23
filters for contaminated potable water wells only as follows:
24
1. Persons who have contaminated potable water wells
25
that were permitted and constructed after January 1, 1989, in
26
accordance with standards adopted under s. 373.309 are
27
eligible for:
28
a. Subsidies to connect to existing water supply
29
systems or extensions thereof. However, the subsidy may not
30
exceed the present worth of the 10-year cost of providing and
31
59
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
maintaining filters for residents served by the connections;
2
or
3
b. Filters and filter maintenance to provide treatment
4
for water from contaminated wells sufficient to ensure its
5
potability. However, a filter may not be provided for a
6
potable water well designed to provide water to a household
7
that is part of a subdivision or development of a size that
8
would, according to the department, be more effectively served
9
by a water supply system, if the subdivision or development
10
received its development order after January 1, 1989.
11
2. Subsidies to develop new water supply systems to be
12
permitted and constructed after January 1, 1989, in accordance
13
with standards adopted pursuant to s. 373.309 because of
14
actual or potential contamination of potable water wells.
15
However, a subsidy may not exceed one-half of the present
16
worth of the 10-year cost of providing and maintaining filters
17
for the residents to be served by the system.
18
3. The most cost-effective remedy, as determined by
19
the department, for wells drilled before January 1, 1989.
20
4. Persons permitting and constructing potable water
21
wells on or after July 1, 1997, in accordance with standards
22
adopted pursuant to s. 373.309 because of actual or potential
23
contamination, may be eligible for:
24
a. Subsidies or filters as identified in
25
sub-subparagraphs 1.a. and b.; or
26
b. Subsidies for any increased costs associated with
27
potable water well construction pursuant to s.
28
373.309(1)(e)4., provided that no such subsidy shall exceed
29
one-half the cost of the well including testing, or one-half
30
the present worth of the 10-year cost of providing and
31
maintaining filters for the residents to be served by said
60
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
well, whichever is less, provided that the household is not
2
part of a subdivision or development of a size that would,
3
according to the department, be more effectively served by a
4
water supply system, if such subdivision or development
5
received its development order on or after July 1, 1997.
6
Section 32. Paragraph (e) of subsection (1) of section
7
373.309, Florida Statutes, 1996 Supplement, is amended to
8
read:
9
373.309 Authority to adopt rules and procedures.--
10
(1) The department shall adopt, and may from time to
11
time amend, rules governing the location, construction,
12
repair, and abandonment of water wells and shall be
13
responsible for the administration of this part. With respect
14
thereto, the department shall:
15
(e) Encourage prevention of potable water well
16
contamination and promote cost-effective remediation of
17
contaminated potable water supplies by use of the Water
18
Quality Assurance Trust Fund as provided in s. 376.307(1)(e)
19
and establish by rule:
20
1. Delineation of areas of groundwater contamination
21
for implementation of well location and construction, testing,
22
permitting, and clearance requirements as set forth in
23
subparagraphs 2., 3., 4., 5., and 6. The department shall make
24
available to water management districts, regional planning
25
councils, the Department of Health and Rehabilitative
26
Services, and county building and zoning departments, maps or
27
other information on areas of contamination, including areas
28
of ethylene dibromide contamination. Such maps or other
29
information shall be made available to property owners,
30
realtors, real estate associations, property appraisers, and
31
61
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
other interested persons upon request and upon payment of
2
appropriate costs.
3
2. Requirements for testing for suspected
4
contamination in areas of known contamination, as a
5
prerequisite for clearance of a water well for drinking
6
purposes. The department is authorized to establish criteria
7
for acceptance of water quality testing results from the
8
Department of Health and laboratories certified by the
9
Department of Health, and is authorized to establish
10
requirements for sample collection quality assurance.
11
3. Requirements for mandatory connection to available
12
potable water systems in areas of known contamination, wherein
13
the department may prohibit the permitting and construction of
14
new potable water wells.
15
4. Location and construction standards for public and
16
all other potable water wells permitted in areas of
17
contamination. Such standards shall be designed to minimize
18
the effects of such contamination.
19
5. A procedure for permitting all potable water wells
20
in areas of known contamination. Any new water well that is to
21
be used for drinking water purposes and that does not meet
22
construction standards pursuant to subparagraph 4. must be
23
abandoned and plugged by the owner. Water management districts
24
shall implement, through delegation from the department, the
25
permitting and enforcement responsibilities of this
26
subparagraph.
27
6. A procedure for clearing for use all potable water
28
wells, except wells that serve a public water supply system,
29
in areas of known contamination. If contaminants are found
30
upon testing pursuant to subparagraph 2., a well may not be
31
cleared for use without a filter or other means of preventing
62
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
the users of the well from being exposed to deleterious
2
amounts of contaminants. The Department of Health and
3
Rehabilitative Services shall implement the responsibilities
4
of this subparagraph.
5
7. Fees to be paid for well construction permits and
6
clearance for use. The fees shall be based on the actual costs
7
incurred by the water management districts, the Department of
8
Health and Rehabilitative Services, or other political
9
subdivisions in carrying out the responsibilities related to
10
potable water well permitting and clearance for use. The fees
11
shall provide revenue to cover all such costs and shall be set
12
according to the following schedule:
13
a. The well construction permit fee may not exceed
14
$500.
15
b. The clearance fee may not exceed $50.
16
8. Procedures for implementing well-location,
17
construction, testing, permitting, and clearance requirements
18
as set forth in subparagraphs 2.-6. within areas that research
19
or monitoring data indicate are vulnerable to contamination
20
with nitrate, or areas in which the department provides a
21
subsidy for restoration or replacement of contaminated
22
drinking water supplies through extending existing water lines
23
or developing new water supply systems pursuant to s.
24
376.307(1)(e). The department shall consult with the Florida
25
Ground Water Association in the process of developing rules
26
pursuant to this subparagraph.
27
28
All fees and funds collected by each delegated entity pursuant
29
to this part shall be deposited in the appropriate operating
30
account of that entity.
31
63
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
Section 33. (1) As used in this section, "severance
2
pay" means the actual or constructive compensation, in salary,
3
benefits, or perquisites, of an officer or employee of a water
4
management district, or any subdivision or agency thereof, for
5
employment services yet to be rendered for a term greater than
6
4 weeks before or immediately following termination of
7
employment. The term does not include:
8
(a) Earned and accrued annual, sick, compensatory, and
9
administrative leave.
10
(b) Early retirement provisions established in an
11
actuarially funded pension plan subject to part VII of chapter
12
112, Florida Statutes.
13
(2) After July 1, 1997, a water management district,
14
or any agency or subdivision thereof, may not pay to any of
15
its officers or employees severance pay, except under any of
16
the following conditions:
17
(a) The severance pay is authorized in an employment
18
contract or collective bargaining agreement providing for it
19
and in effect on July 1, 1997. Collective bargaining
20
agreements or employment contracts extended or entered on or
21
after July 1, 1997, may not contain any provision for
22
severance pay. However, employees classified as managerial,
23
executive, or exempt in the district's personnel plan who
24
serve at the convenience of the district are subject to the
25
provisions of this section beginning July 1, 1997.
26
(b) The severance pay is paid from wholly private
27
funds available to the district in the ordinary course of
28
business, the payment and receipt of which would not otherwise
29
violate any provision of part III of chapter 112, Florida
30
Statutes.
31
64
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Third Engrossed
1
(c) The severance pay is administered under the
2
auspices of part II of chapter 112, Florida Statutes, on
3
behalf of an agency outside this state and would be permitted
4
under that agency's personnel system.
5
(d) The severance pay represents the settlement of an
6
employment dispute; however, such a settlement may not contain
7
any provisions that limit the ability of any party to the
8
settlement to discuss the dispute or settlement.
9
(3) This section does not operate to create an
10
entitlement to severance pay in the absence of its
11
authorization by a water management district.
12
Section 34. (1) The Legislature finds that there
13
currently exist actual or perceived differences in the
14
salaries of certain water management district employees and
15
the salaries of state or other general-purpose local
16
government employees performing the same or similar job
17
functions. The Legislature further finds that section
18
373.079(4) and (5), Florida Statutes, provide the governing
19
boards of the water management districts significant
20
discretion in determining the compensation of its employees.
21
(2) The Legislature directs the Office of Program
22
Policy Analysis and Government Accountability to prepare or
23
cause to be prepared with consultants a study of water
24
management district employee compensation plans and present
25
its findings and recommendations in a report to remedy any
26
actual or perceived discrepancies between the salaries of
27
state or other general purpose local government employees and
28
employees of the water management districts created pursuant
29
to chapter 372. The report shall be presented to the Governor,
30
the President of the Senate, and the Speaker of the House of
31
Representatives by January 30, 1998.
65
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
(3) There is hereby appropriated $50,000 from the
2
Water Management Lands Trust Fund for fiscal year 1997-98 to
3
the Office of Program Policy Analysis and Government
4
Accountability to implement the provisions relating to the
5
employee compensation study.
6
Section 35. Subsection (6) of section 373.250, Florida
7
Statutes, is amended to read:
8
373.250 Reuse of reclaimed water.--
9
(6) Each water management district shall submit to the
10
Legislature, by June 1 January 30 of each year, an annual
11
report which describes the district's progress in promoting
12
the reuse of reclaimed water. The report shall include, but
13
not be limited to:
14
(a) The number of permits issued during the year which
15
required reuse of reclaimed water and, by categories, the
16
percentages of reuse required.
17
(b) The number of permits issued during the year which
18
did not require the reuse of reclaimed water and, of those
19
permits, the number which reasonably could have required
20
reuse.
21
(c) In the second and subsequent annual reports, a
22
statistical comparison of reuse required through consumptive
23
use permitting between the current and preceding years.
24
(d) A comparison of the volume of reclaimed water
25
available in the district to the volume of reclaimed water
26
required to be reused through consumptive use permits.
27
(e) A comparison of the volume of reuse of reclaimed
28
water required in water resource caution areas through
29
consumptive use permitting to the volume required in other
30
areas in the district through consumptive use permitting.
31
66
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Third Engrossed
1
(f) An explanation of the factors the district
2
considered when determining how much, if any, reuse of
3
reclaimed water to require through consumptive use permitting.
4
(g) A description of the district's efforts to work in
5
cooperation with local government and private domestic
6
wastewater treatment facilities to increase the reuse of
7
reclaimed water. The districts, in consultation with the
8
department, shall devise a uniform format for the report
9
required by this subsection and for presenting the information
10
provided in the report.
11
Section 36. Paragraph (c) is added to subsection (7)
12
of section 253.03, Florida Statutes, 1996 Supplement, to read:
13
253.03 Board of trustees to administer state lands;
14
lands enumerated.--
15
(7)
16
(c) Structures which are listed in or are eligible for
17
the National Register of Historic Places or the State
18
Inventory of Historic Places and which have a submerged land
19
lease, or have been grandfathered-in to use sovereignty
20
submerged lands until January 1, 1998, pursuant to chapter
21
18-21.00405, Florida Administrative Code, shall be allowed to
22
apply for an extension of such lease, regardless of the fact
23
that the present landholder is not an adjacent riparian
24
landowner.
25
Section 37. Paragraph (b) of subsection (4) of section
26
370.06, Florida Statutes, 1996 Supplement, is added to read:
27
370.06 Licenses.--
28
(4) SPECIAL ACTIVITY LICENSES.--
29
(a) Any person who seeks to use special gear or
30
equipment in harvesting saltwater species must purchase a
31
special activity license as specified by law to engage in such
67
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
activities. The department may issue special activity
2
licenses, in accordance with s. 370.071, to permit the
3
cultivation of oysters, clams, mussels, and crabs when such
4
aquaculture activities relate to quality control, sanitation,
5
and public health regulations. The department may prescribe
6
by rule special terms, conditions, and restrictions for any
7
special activity license.
8
(b) The department is authorized to issue special
9
activity licenses in accordance with s. 370.06 and s. 370.31,
10
to permit the importation, possession, and aquaculture of
11
anadromous sturgeon. The special activity license shall
12
provide for best management practices to prevent the release
13
and escape of cultured anadromous sturgeon and to protect
14
indigenous populations of saltwater species from
15
sturgeon-borne disease.
16
Section 38. Subsections (3) and (4) of section
17
370.092, Florida Statutes, 1996 Supplement, are amended to
18
read:
19
370.092 Carriage of proscribed nets across Florida
20
waters.--
21
(3)(a) It shall be a major violation pursuant to this
22
section and shall be punished as provided in subsection (4)
23
for any person, firm, or corporation to be simultaneously in
24
possession of any species of mullet in excess of the
25
recreational daily bag limit and any gill or other entangling
26
net as defined in s. 16(c), Art. X of the State Constitution.
27
Simultaneous possession under this provision shall include
28
possession of mullet and gill or other entangling nets on
29
separate vessels or vehicles where such vessels or vehicles
30
are operated in coordination with one another including
31
vessels towed behind a main vessel. This subsection does not
68
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
prohibit a resident of this state from transporting on land,
2
from Alabama to this state, a commercial quantity of mullet
3
together with a gill net if:
4
1. The person possesses a valid commercial fishing
5
license that is issued by the State of Alabama and that allows
6
the person to use a gill net to legally harvest mullet in
7
commercial quantities from Alabama waters.
8
2. The person possesses a trip ticket issued in
9
Alabama and filled out to match the quantity of mullet being
10
transported, and the person is able to present such trip
11
ticket immediately upon entering this state.
12
3. The mullet are to be sold to a wholesale saltwater
13
products dealer located in Escambia County or Santa Rosa
14
County, which dealer also possesses a valid seafood dealer's
15
license issued by the State of Alabama. The dealer's name
16
must be clearly indicated on the trip ticket.
17
4. The mullet being transported are totally removed
18
from any net also being transported.
19
(b) It shall be a major violation pursuant to this
20
section for any person to be in possession of any species of
21
trout, snook, or redfish which is three fish in excess of the
22
recreational or commercial daily bag limit.
23
(4)(a) In addition to being subject to the other
24
penalties provided in this chapter, any violation of s. 16,
25
Art. X of the State Constitution, paragraph (3)(a), or any
26
rules of the Marine Fisheries Commission which implement the
27
gear prohibitions and restrictions specified therein shall be
28
considered a major violation; and any person, firm, or
29
corporation receiving any judicial disposition other than
30
acquittal or dismissal of such violation shall be subject to
31
the following additional penalties:
69
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
1. For a first major violation within a 7-year period,
2
a civil penalty of $2,500 and suspension of all saltwater
3
products license privileges for 90 calendar days following
4
final disposition shall be imposed.
5
2. For a second major violation under this paragraph
6
charged within 7 years of a previous judicial disposition,
7
which results in a second judicial disposition other than
8
acquittal or dismissal, a civil penalty of $5,000 and
9
suspension of all saltwater products license privileges for 12
10
months shall be imposed.
11
3. For a third and subsequent major violation under
12
this paragraph, charged within a 7-year period, resulting in a
13
third or subsequent judicial disposition other than acquittal
14
or dismissal, a civil penalty of $5,000, lifetime revocation
15
of the saltwater products license, and forfeiture of all gear
16
and equipment used in the violation shall be imposed.
17
18
A court may suspend, defer or withhold adjudication of guilt
19
or imposition of sentence only for any first violation of s.
20
16, Art. X of the State Constitution, or any rule or statute
21
implementing its restrictions, determined by a court only
22
after consideration of competent evidence of mitigating
23
circumstances to be a nonflagrant or minor violation of those
24
restrictions upon the use of nets. Any violation of s. 16,
25
Art. X of the State Constitution, or any rule or statute
26
implementing its restrictions, occurring within a 7-year
27
period commencing upon the conclusion of any judicial
28
proceeding resulting in any outcome other than acquittal shall
29
be punished as a second, third, or subsequent violation
30
accordingly.
31
70
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
(b) During the period of suspension or revocation of
2
saltwater license privileges under this section, the licensee
3
may not participate in the taking or harvesting or attempt the
4
taking or harvesting of saltwater products from any vessel
5
within the waters of the state, or any other activity
6
requiring a license, permit, or certificate issued pursuant to
7
this chapter. Any person who violates this paragraph is:
8
1. Upon a first or second conviction, to be punished
9
as provided by s. 370.021(2)(a) and (b).
10
2. Upon a third or subsequent conviction, guilty of a
11
felony of the third degree, punishable as provided in s.
12
775.082, s. 775.083, or s. 775.084.
13
(c) Upon reinstatement of saltwater license privileges
14
suspended pursuant to a violation of this section, a licensee
15
owning or operating a vessel containing or otherwise
16
transporting in or on Florida waters any gill net or other
17
entangling net, or containing or otherwise transporting in
18
nearshore and inshore Florida waters any net containing more
19
than 500 square feet of mesh area shall remain restricted for
20
a period of 12 months following reinstatement, to operation
21
under the following conditions:
22
1. Vessels subject to this reinstatement period shall
23
be restricted to the corridors established by department rule.
24
2. A violation of the reinstatement period provisions
25
shall be punishable pursuant to s. 370.021(2)(a) and (b).
26
(d) Rescission and revocation proceedings under this
27
section shall be governed by chapter 120.
28
Section 39. Section 370.093, Florida Statutes, is
29
created to read:
30
370.093 Illegal use of nets.--
31
71
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
(1) It is unlawful to take or harvest, or to attempt
2
to take or harvest, any marine life in Florida waters with any
3
net that is not consistent with the provisions of s. 16, Art.
4
X of the State Constitution.
5
(2)(a) Beginning July 1, 1998, it is also unlawful to
6
take or harvest, or to attempt to take or harvest, any marine
7
life in Florida waters with any net, as defined in subsection
8
(3) and any attachments to such net, that combined are larger
9
than 500 square feet and have not been expressly authorized
10
for such use by rule of the Marine Fisheries Commission under
11
s. 370.027. The use of currently legal shrimp trawls and
12
purse seines outside nearshore and inshore Florida waters
13
shall continue to be legal until the Commission implements
14
rules regulating those types of gear.
15
(b) The use of gill or entangling nets of any size is
16
prohibited, as such nets are defined in s. 16, Art. X of the
17
State Constitution. Any net constructed wholly or partially
18
of monofilament or multifilament material, other than a hand
19
thrown cast net, or a hand-held landing or dip net, shall be
20
considered to be an entangling net within the prohibition of
21
S. 16, Art. X of the state constitution unless specifically
22
authorized by rule of the commission. Multifilament material
23
shall not be defined to include nets constructed of braided or
24
twisted nylon, cotton, linen twine, or polypropylene twine.
25
(c) This subsection shall not be construed to apply to
26
aquaculture activities licenses issued pursuant to s. 370.26.
27
(3) As used in s. 16, Art. X of the State Constitution
28
and this subsection, the term "net" or "netting" must be
29
broadly construed to include all manner or combination of mesh
30
or webbing or any other solid or semi-solid fabric or other
31
72
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
material used to comprise a device that is used to take or
2
harvest marine life.
3
(4) Upon the arrest of any person for violation of
4
this subsection, the arresting officer shall seize the nets
5
illegally used. Upon conviction of the offender, the arresting
6
authority shall destroy the nets.
7
(5) Any person who violates this section shall be
8
punished as provided in s. 370.092(4).
9
(6) The Marine Fisheries Commission is granted
10
authority to adopt rules pursuant to ss. 370.025 and 370.027
11
implementing the prohibitions and restrictions of s. 16, Art.
12
X of the State Constitution.
13
Section 40. Subsection (8) of section 370.14, Florida
14
Statutes, 1996 Supplement, is amended to read:
15
370.14 Crawfish; regulation.--
16
(8)(a) By a special permit granted by the Division of
17
Law Enforcement, a Florida-licensed seafood dealer may
18
lawfully import, process, and package saltwater crawfish or
19
uncooked tails of the species Panulirus argus during the
20
closed season. However, crawfish landed under special permit
21
shall not be sold in the state.
22
(b) The licensed seafood dealer importing any such
23
crawfish under the permit shall, 12 hours prior to the time
24
the seagoing vessel or airplane delivering such imported
25
crawfish enters the state, notify the Division of Law
26
Enforcement as to the seagoing vessel's name or the airplane's
27
registration number and its captain, location, and point of
28
destination.
29
(c) At the time the crawfish cargo is delivered to the
30
permitholder's place of business, the crawfish cargo shall be
31
weighed in the presence of the marine patrol officer, and
73
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
shall be available for inspection by the Department of
2
Environmental Protection. A signed receipt of such quantity in
3
pounds shall be forwarded furnished to said officer, which
4
receipt shall be filed by the marine patrol officer with the
5
Division of Law Enforcement's local Florida Marine Patrol
6
office within 48 hours after shipment weigh-in completion. If
7
requested by the department, the weigh-in process will be
8
delayed up to 4 hours to allow for a department representative
9
to be present during the process Enforcement.
10
(d) Within 48 hours after shipment weigh-in completion
11
from the time the receipt is given to the marine patrol
12
officer, the permitholder shall submit to the Division of Law
13
Enforcement, on forms provided by the division, a sworn report
14
of the quantity in pounds of the saltwater crawfish received,
15
which report shall include the location of said crawfish and a
16
sworn statement that said crawfish were taken at least 50
17
miles from Florida's shoreline. The landing of crawfish or
18
crawfish tails from which the eggs, swimmerettes, or pleopods
19
have been removed; the falsification of information as to area
20
from which crawfish were obtained; or the failure to file the
21
report called for in this section shall be grounds to revoke
22
the permit.
23
(e) Each permitholder shall keep throughout the period
24
of the closed season copies of the bill of sale or invoices
25
covering each transaction involving crawfish imported under
26
this permit. Such invoices and bills shall be kept available
27
at all times for inspection by the division.
28
Section 41. Effective October 1, 1997, section
29
370.1405, Florida Statutes, is created to read:
30
370.1405 Crawfish reports by dealers during closed
31
season required.--
74
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CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
(1) Within 3 days after the commencement of the closed
2
season for the taking of saltwater crawfish, each and every
3
seafood dealer, either retail or wholesale, intending to
4
possess crawfish, crawfish tails, or crawfish meat during
5
closed season shall submit to the Department of Environmental
6
Protection, on forms provided by the department, a sworn
7
report of the quantity, in pounds, of saltwater whole
8
crawfish, crawfish tails, and crawfish meat in the dealer's
9
name or possession as of the date the season closed. This
10
report shall state the location and number of pounds of whole
11
crawfish, crawfish tails, and crawfish meat. The department
12
shall not accept any reports not delivered or postmarked by
13
midnight of the 3rd calendar day after the commencement of the
14
closed season, and any stocks of crawfish reported therein are
15
declared a nuisance and may be seized by the department.
16
(2) Failure to submit a report as described in
17
subsection (1) or reporting a greater or lesser amount of
18
whole crawfish, crawfish tails, or crawfish meat than is
19
actually in the dealer's possession or name is a major
20
violation of this chapter, punishable as provided in s.
21
370.021(2), s. 370.07(6)(b), or both. The department shall
22
seize the entire supply of unreported or falsely reported
23
whole crawfish, crawfish tails, or crawfish meat, and shall
24
carry the same before the court for disposal. The dealer shall
25
post a cash bond in the amount of the fair value of the entire
26
quantity of unreported or falsely reported crawfish as
27
determined by the judge. After posting the cash bond, the
28
dealer shall have 24 hours to transport said products outside
29
the limits of Florida for sale as provided by s. 370.061.
30
Otherwise, the product shall be declared a nuisance and
31
disposed of by the department according to law.
75
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
(3) All dealers having reported stocks of crawfish may
2
sell or offer to sell such stocks of crawfish; however, such
3
dealers shall submit an additional report on the last day of
4
each month during the duration of the closed season. Reports
5
shall be made on forms supplied by the department. Each dealer
6
shall state on this report the number of pounds sold during
7
the report period and the pounds remaining on hand. In every
8
case, the amount of crawfish sold and the amount reported on
9
hand shall equal the amount remaining on hand in the last
10
submitted report. Reports postmarked later than midnight on
11
the 3rd calendar day of each month during the duration of the
12
closed season will not be accepted by the department. Dealers
13
for which late supplementary reports are not accepted by the
14
department, must show just cause why their entire stock of
15
whole crawfish, crawfish tails, or crawfish meat should not be
16
seized by the department. Whenever a dealer fails to make the
17
monthly supplementary report as described in this subsection,
18
the dealer may be subject to the following civil penalties as
19
follows:
20
(a) For a first violation, the department shall assess
21
a civil penalty of $500.
22
(b) For a second violation within the same crawfish
23
closed season, the department shall assess a civil penalty of
24
$1,000.
25
(c) For a third violation within the same crawfish
26
closed season, the department shall assess a civil penalty of
27
$2,500 and may seize said dealer's entire stock of whole
28
crawfish, crawfish tails, or crawfish meat and carry the same
29
before the court for disposal. The dealer shall post a cash
30
bond in the amount of the fair value of the entire remaining
31
quantity of crawfish as determined by the judge. After posting
76
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
the cash bond, a dealer shall have 24 hours to transport said
2
products outside the limits of Florida for sale as provided by
3
s. 370.061. Otherwise, the product shall be declared a
4
nuisance and disposed of by the department according to law.
5
(4) All seafood dealers shall at all times during the
6
closed season make their stocks of whole crawfish, crawfish
7
tails, or crawfish meat available for inspection by the
8
department.
9
(5) Each dealer in whole crawfish, crawfish tails, or
10
crawfish meat shall keep throughout the period of the crawfish
11
closed season copies of the bill of sale or invoice covering
12
each transaction involving whole crawfish, crawfish tails, or
13
crawfish meat. Such invoices and bills shall be kept available
14
at all times for inspection by the department.
15
Section 42. (1) Notwithstanding the provisions of
16
section 370.093(3), Florida Statutes, there is hereby
17
established a 3-year pilot program that allows for
18
participation by Saltwater Products License holders with purse
19
seine endorsements during the years 1995 or 1996 located in
20
the counties of Wakulla, Franklin, Gulf, Bay, Walton, and
21
Okaloosa. Priority shall be given to such Saltwater Products
22
License holders with landings in 1996 as recorded on Florida
23
DEP trip tickets of one or more of the following baitfish
24
species: Spanish sardines, cigar minnows, thread herring, chub
25
mackerel, anchovy, little tunny, menhaden, blue runner, and
26
ladyfish. No more than 7 such licenses shall be issued which
27
allow for and shall be limited to the following:
28
(a) These licenses shall be issued only for the use of
29
baitfish purse seines, not exceeding 600 yards in length, to
30
be used in the nearshore and inshore waters, modified to
31
employ solid tarpaulin material in conjunction with 500 square
77
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
feet of traditional seine mesh netting in the State of Florida
2
in and south of the counties of Wakulla, Franklin, Gulf, Bay,
3
Walton, and Okaloosa. Only one purse seine per license shall
4
be allowed.
5
(b) Each licensee shall post a bond of $50,000 payable
6
to the State of Florida as security to pay for any
7
environmental damage or cleanup of material caused by this
8
fishing gear of the licensee.
9
(2) The Marine Fisheries Commission shall establish
10
limits on annual harvest levels for the area, for each of the
11
baitfish species that are the subject of this section, based
12
on maintaining healthy scientific and biological levels of
13
stock abundance of those certain baitfish species by allowing
14
annual harvest of the baitfish species in the program area
15
limited by the Florida Marine Fisheries Commission not to
16
exceed 50 percent of the annual average of reported landings
17
which occurred over the 3 years prior to July 1, 1995.
18
Section 43. Section 403.0882, Florida Statutes, is
19
created to read:
20
403.0882 Discharge of demineralization concentrate.--
21
(1) For the purposes of this section, the term:
22
(a) "Demineralization concentrate" means the
23
concentrated byproduct formed by demineralization.
24
(b) "Demineralization" means the use of reverse
25
osmosis, ion exchange, membrane softening, ultra filtration,
26
and other similar processes to remove materials from water for
27
the production of potable water for human consumption.
28
(c) "Small water utility business" means any facility
29
that distributes potable water to two or more customers with a
30
concentrate discharge of less than 50,000 gallons per day.
31
78
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
(2) The department shall classify the discharge of
2
demineralization concentrate as a potable water byproduct
3
rather than as an industrial wastewater. Except as otherwise
4
provided in this section, the discharge of demineralization
5
concentrate shall be permitted according to the same
6
requirements as an industrial wastewater under this chapter.
7
(3)(a) The discharge of demineralization concentrate
8
from small water utility businesses meeting the standards set
9
forth in this section and s. 403.086(4) shall be presumed to
10
be allowable and permittable in all waters in the state at a
11
reasonably accessible point where such discharge results in
12
minimal negative impact as demonstrated by the permit
13
applicant. The presumption may be overcome only by a
14
demonstration that one or more of the following conditions is
15
present:
16
1. The discharge will be made directly into an
17
Outstanding Florida Water, except as provided in chapter
18
90-262, Laws of Florida;
19
2. The discharge will be made directly to Class I or
20
Class II waters;
21
3. The discharge will be made to a water body having a
22
total maximum daily load established by the department and the
23
discharge will cause or contribute to a violation of the
24
established load;
25
4. The discharge fails to meet the requirements of the
26
antidegradation policy contained in the department rules;
27
5. The discharge will be made to a sole-source aquifer
28
as defined in department rules; or
29
6. The discharge fails to meet applicable surfacewater
30
and groundwater quality standards.
31
79
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
(b) If one or more of the conditions in subparagraphs
2
(a)1.-6. has been demonstrated, the department may:
3
1. Require more stringent effluent limitations;
4
2. Require relocation of the discharge point or a
5
change in the method of discharge;
6
3. Limit the duration or volume of the discharge; or
7
4. Prohibit the discharge if there is no alternative
8
that meets the conditions of subparagraphs 1.-3.
9
(4)(a) Discharge of demineralization concentrate from
10
facilities used for the production of potable water to
11
domestic wastewater treatment plant effluent disposal, not
12
including reuse systems, shall be presumed allowable if the
13
discharge of concentrate to the wastewater treatment facility
14
is at no time greater than 20 percent of the annual average
15
daily flow of that facility;
16
(b) Discharge of demineralization concentrate from
17
facilities used for the production of potable water to
18
domestic wastewater reuse systems, including drain fields,
19
percolation ponds, absorption fields, and spray irrigation
20
sites, shall be allowable if the applicant demonstrates
21
through the engineering report that the blend will meet water
22
quality standards and protect public health, site vegetation,
23
and the ability of the reuse system, including land
24
application, to function as intended.
25
(5) For facilities owned by small water utility
26
businesses, the following conditions apply:
27
(a) A mixing zone with a radius that is not in excess
28
of two times the natural water depth at the point of discharge
29
for acute toxicity, or a 200-foot radius for chronic toxicity,
30
and that provides for a minimum of 4 to 1 dilution within the
31
mixing zone for acute toxicity under all conditions, shall be
80
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 715, 1249, 1321 & 1339,
Third Engrossed
1
presumed allowable in the permitting of discharge of
2
concentrate from facilities used for demineralization for
3
potable water production.
4
(b) The department shall not:
5
1. Require such businesses to perform toxicity testing
6
at other than the time of permit application, permit renewal,
7
or any requested permit modification, unless the initial
8
toxicity test or any subsequent toxicity test performed by the
9
department does not meet toxicity requirements.
10
2. Require such businesses to obtain a
11
water-quality-based effluent limitation determination.
12
(6) Demineralization facilities may apply for permits
13
under this section according to the following schedule:
14
(a) For facilities providing potable water service to
15
more than 2,000 equivalent residential customers, no later
16
than 18 months after the effective date of this section.
17
(b) For facilities providing potable water service to
18
1,000 or more but not more than 2,000 residential equivalent
19
customers, no later than 24 months after the effective date of
20
this section.
21
(c) For facilities providing potable water service to
22
fewer than 1,000 equivalent residential customers, or small
23
water utility businesses, no later than 36 months after the
24
effective date of this section.
25
(7) The department may adopt rules for the regulation
26
of demineralization and to implement the provisions of this
27
section.
28
Section 44. Except as otherwise provided herein, this
29
act shall take effect July 1, 1997.
30
31
81