HOUSE AMENDMENT
                                  Bill No. CS for SB 972, 1st Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Harrington offered the following:
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13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
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16  and insert in lieu thereof:  
17         Section 1.  Section 373.536, Florida Statutes, is
18  amended to read:
19         373.536  District budget and hearing thereon.--
20         (1)  FISCAL YEAR.--The fiscal year of districts created
21  under the provisions of this chapter shall extend from October
22  1 of one year through September 30 of the following year.
23         (2)  BUDGET SUBMITTAL.--The budget officer of the
24  district shall, on or before July 15 of each year, submit for
25  consideration by the governing board of the district a
26  tentative budget for the district covering its proposed
27  operations operation and funding requirements for the ensuing
28  fiscal year.
29         (3)  BUDGET HEARINGS AND WORKSHOPS; NOTICE.--
30         (a)  Unless alternative notice requirements are
31  otherwise provided by law, notice of all budget hearings
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    File original & 9 copies    04/27/01                          
    hep0001                     10:34 am         00972-0072-645527

HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 conducted by the governing board or district staff must be 2 published in a newspaper of general paid circulation in each 3 county in which the district lies not less than 5 days nor 4 more than 15 days before the hearing. 5 (b) Budget workshops conducted for the public and not 6 governed by s. 200.065 must be advertised in a newspaper of 7 general paid circulation in the community or area in which the 8 workshop will occur not less than 5 days nor more than 15 days 9 before the workshop. 10 (c) The tentative budget shall be adopted in 11 accordance with the provisions of s. 200.065; however, if the 12 mailing of the notice of proposed property taxes is delayed 13 beyond September 3 in any county in which the district lies, 14 the district shall advertise its intention to adopt a 15 tentative budget and millage rate, pursuant to s. 16 200.065(3)(g), in a newspaper of general paid circulation in 17 that county. The budget shall set forth, classified by object 18 and purpose, and by fund if so designated, the proposed 19 expenditures of the district for bonds or other debt, for 20 construction, for acquisition of land, for operation and 21 maintenance of the district works, for the conduct of the 22 affairs of the district generally, and for other purposes, to 23 which may be added an amount to be held as a reserve. District 24 administrative and operating expenses must be identified in 25 the budget and allocated among district programs. 26 (2) The budget shall also show the estimated amount 27 which will appear at the beginning of the fiscal year as 28 obligated upon commitments made but uncompleted. There shall 29 be shown the estimated unobligated or net balance which will 30 be on hand at the beginning of the fiscal year, and the 31 estimated amount to be raised by district taxes and from other 2 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 sources for meeting the requirements of the district. 2 (d)(3) As provided in s. 200.065(2)(d), the board 3 shall publish one or more notices of its intention to finally 4 adopt a final budget for the district for the ensuing fiscal 5 year. The notice shall appear adjacent to an advertisement 6 that sets which shall set forth the tentative budget in a 7 format meeting the budget summary requirements of s. 8 129.03(3)(b) in full. The district shall not include 9 expenditures of federal special revenues and state special 10 revenues when preparing the statement required by s. 11 200.065(3)(l). The notice and advertisement shall be published 12 in one or more newspapers having a combined general paid 13 circulation in each county the counties having land in which 14 the district lies. Districts may include explanatory phrases 15 and examples in budget advertisements published under s. 16 200.065 to clarify or illustrate the effect that the district 17 budget may have on ad valorem taxes. 18 (e)(4) The hearing for adoption of to finally adopt a 19 final budget and millage rate shall be by and before the 20 governing board of the district as provided in s. 200.065 and 21 may be continued from day to day until terminated by the 22 board. 23 (4) BUDGET CONTROLS.-- 24 (a) The final adopted budget for the district will 25 thereupon be the operating and fiscal guide for the district 26 for the ensuing year; however, transfers of funds may be made 27 within the budget by action of the governing board at a public 28 meeting of the governing board. 29 (b) The district shall control its budget, at a 30 minimum, by funds and shall provide to the Executive Office of 31 the Governor a description of its budget control mechanisms. 3 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (c) Should the district receive unanticipated funds 2 after the adoption of the final budget, the final budget may 3 be amended by including such funds, so long as notice of 4 intention to amend is published in the notice of the governing 5 board meeting at which the amendment will be considered, 6 pursuant to s. 120.525 one time in one or more newspapers 7 qualified to accept legal advertisements having a combined 8 general circulation in the counties in the district. The 9 notice shall set forth a summary of the proposed amendment and 10 shall be published at least 10 days prior to the public 11 meeting of the board at which the proposed amendment is to be 12 considered. However, in the event of a disaster or of an 13 emergency arising to prevent or avert the same, the governing 14 board shall not be limited by the budget but shall have 15 authority to apply such funds as may be available therefor or 16 as may be procured for such purpose. 17 (5) TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW 18 AND APPROVAL.-- 19 (a) The Executive Office of the Governor is authorized 20 to approve or disapprove, in whole or in part, the budget of 21 each water management district and shall analyze each budget 22 as to the adequacy of fiscal resources available to the 23 district and the adequacy of district expenditures related to 24 water supply, including water resource development projects 25 identified in the district's regional water supply plans; 26 water quality; flood protection and floodplain management; and 27 natural systems. This analysis shall be based on the 28 particular needs within each water management district in 29 those four areas of responsibility. 30 (b) The Executive Office of the Governor and the water 31 management districts shall develop a process to facilitate 4 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 review and communication regarding water management district 2 budgets, as necessary. Written disapproval of any provision 3 in the tentative budget must be received by the district at 4 least 5 business days prior to the final district budget 5 adoption hearing conducted under s. 200.065(2)(d). If written 6 disapproval of any portion of the budget is not received at 7 least 5 business days prior to the final budget adoption 8 hearing, the governing board may proceed with final adoption. 9 Any provision rejected by the Governor shall not be included 10 in a district's final budget. 11 (c) Each water management district shall, by August 1 12 of each year, submit for review a tentative budget to the 13 Governor, the President of the Senate, the Speaker of the 14 House of Representatives, the chairs of all legislative 15 committees and subcommittees with substantive or fiscal 16 jurisdiction over water management districts, as determined by 17 the President of the Senate or Speaker of the House of 18 Representatives as applicable, the secretary of the 19 department, and the governing body of each county in which the 20 district has jurisdiction or derives any funds for the 21 operations of the district. 22 (d) The tentative budget must set forth the proposed 23 expenditures of the district, to which may be added an amount 24 to be held as reserve. The tentative budget must include, but 25 is not limited to, the following information for the preceding 26 fiscal year and the current fiscal year, and the proposed 27 amounts for the upcoming fiscal year, in a standard format 28 prescribed by the Executive Office of the Governor which is 29 generally consistent with the format prescribed by legislative 30 budget instructions for state agencies and the format 31 requirements of s. 216.031: 5 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 1. The estimated amount of funds remaining at the 2 beginning of the fiscal year which have been obligated for the 3 payment of outstanding commitments not yet completed. 4 2. The estimated amount of unobligated funds or net 5 cash balance on hand at the beginning of the fiscal year, and 6 the estimated amount of funds to be raised by district taxes 7 or received from other sources to meet the requirements of the 8 district. 9 3. The millage rates and the percentage increase above 10 the rolled-back rate, together with a summary of the reasons 11 the increase is required, and the percentage increase in 12 taxable value resulting from new construction within the 13 district.; 14 4.2. The salaries salary and benefits, expenses, 15 operating capital outlay, number of authorized positions, and 16 other personal services for the following program areas of the 17 district, including a separate section for lobbying, 18 intergovernmental relations, and advertising: 19 a. Water resource planning and monitoring; 20 b. Land acquisition, restoration, and public works; 21 c. Operation and maintenance of works and lands; 22 d. Regulation; 23 e. Outreach for which the information provided must 24 contain a full description and accounting of expenditures for 25 water resources education; public information and public 26 relations, including public service announcements and 27 advertising in any media; and lobbying activities related to 28 local, regional, state and federal governmental affairs, 29 whether incurred by district staff or through contractual 30 services; and 31 f. Management and administration. 6 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 a. District management and administration; 2 b. Implementation through outreach activities; 3 c. Implementation through regulation; 4 d. Implementation through acquisition, restoration, 5 and public works; 6 e. Implementation through operations and maintenance 7 of lands and works; 8 f. Water resources planning and monitoring; and 9 g. A full description and accounting of expenditures 10 for lobbying activities relating to local, regional, state, 11 and federal governmental affairs, whether incurred by district 12 staff or through contractual services and all expenditures for 13 public relations, including all expenditures for public 14 service announcements and advertising in any media. 15 16 In addition to the program areas reported by all water 17 management districts, the South Florida Water Management 18 District shall include in its budget document a separate 19 sections section on all costs associated with the Everglades 20 Construction Project and the Comprehensive Everglades 21 Restoration Plan. 22 5.3. The total estimated amount in the district budget 23 for each area of responsibility listed in subparagraph 4. 24 paragraph (a) and for water resource development projects 25 identified in the district's regional water supply plans. 26 4. A 5-year capital improvements plan. 27 6.5. A description of each new, expanded, reduced, or 28 eliminated program. 29 6. A proposed 5-year water resource development work 30 program, that describes the district's implementation strategy 31 for the water resource development component of each approved 7 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 regional water supply plan developed or revised pursuant to s. 2 373.0361. The work program shall address all the elements of 3 the water resource development component in the district's 4 approved regional water supply plans. The office of the 5 Governor, with the assistance of the department, shall review 6 the proposed work program. The review shall include a written 7 evaluation of its consistency with and furtherance of the 8 district's approved regional water supply plans, and adequacy 9 of proposed expenditures. As part of the review, the Executive 10 Office of the Governor and the department shall afford to all 11 interested parties the opportunity to provide written comments 12 on each district's proposed work program. At least 7 days 13 prior to the adoption of its final budget, the governing board 14 shall state in writing to the Executive Office of the Governor 15 which changes recommended in the evaluation it will 16 incorporate into its work program, or specify the reasons for 17 not incorporating the changes. The office of the Governor 18 shall include the district's responses in the written 19 evaluation and shall submit a copy of the evaluation to the 20 Legislature; and 21 7. The funding sources, including, but not limited to, 22 ad valorem taxes, Surface Water Improvement and Management 23 Program funds, other state funds, federal funds, and user fees 24 and permit fees for each program area. 25 (e)(d) By September 5 of the year in which the budget 26 is submitted, the House and Senate appropriations chairs may 27 transmit to each district comments and objections to the 28 proposed budgets. Each district governing board shall include 29 a response to such comments and objections in the record of 30 the governing board meeting where final adoption of the budget 31 takes place, and the record of this meeting shall be 8 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 transmitted to the Executive Office of the Governor, the 2 department, and the chairs of the House and Senate 3 appropriations committees. 4 (f)(e) The Executive Office of the Governor shall 5 annually, on or before December 15, file with the Legislature 6 a report that summarizes its review the expenditures of the 7 water management districts' tentative budgets and displays the 8 adopted budget allocations districts by program area. The 9 report must identify and identifies the districts that are not 10 in compliance with the reporting requirements of this section. 11 State funds shall be withheld from a water management district 12 that fails to comply with these reporting requirements. 13 (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS 14 PLAN; WATER RESOURCE DEVELOPMENT WORK PROGRAM.-- 15 (a) Each district must, by the date specified for each 16 item, furnish copies of the following documents to the 17 Governor, the President of the Senate, the Speaker of the 18 House of Representatives, the chairs of all legislative 19 committees and subcommittees having substantive or fiscal 20 jurisdiction over the districts, as determined by the 21 President or Speaker as applicable, the secretary of the 22 department, and the governing board of each county in which 23 the district has jurisdiction or derives any funds for the 24 operations of the district; 25 1. The adopted budget, to be furnished within 10 days 26 after its adoption. 27 2. A financial audit of its accounts and records, to 28 be furnished within 10 days after its acceptance by the 29 governing board. The audit must be conducted in accordance 30 with the provisions of s. 11.45 and the rules adopted 31 thereunder. In addition to the entities named above, the 9 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 district must provide a copy of the audit to the Auditor 2 General within 10 days after its acceptance by the governing 3 board. 4 3. A 5-year capital improvements plan, to be furnished 5 within 45 days after the adoption of the final budget. The 6 plan must include expected sources of revenue for planned 7 improvements and must be prepared in a manner comparable to 8 the fixed capital outlay format set forth in s. 216.043. 9 4. A 5-year water resource development work program to 10 be furnished within 45 days after the adoption of the final 11 budget. The program must describe the district's 12 implementation strategy for the water resource development 13 component of each approved regional water supply plan 14 developed or revised under s. 373.0361. The work program must 15 address all the elements of the water resource development 16 component in the district's approved regional water supply 17 plans. Within 45 days after its submittal, the department 18 shall review the proposed work program and submit its 19 findings, questions, and comments to the district. The review 20 must include a written evaluation of the program's consistency 21 with the furtherance of the district's approved regional water 22 supply plans, and the adequacy of proposed expenditures. As 23 part of the review, the department shall give interested 24 parties the opportunity to provide written comments on each 25 district's proposed work program. Within 60 days after receipt 26 of the department's evaluation, the governing board shall 27 state in writing to the department which changes recommended 28 in the evaluation it will incorporate into its work program or 29 specify the reasons for not incorporating the changes. The 30 department shall include the district's responses in a final 31 evaluation report and shall submit a copy of the report to the 10 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Governor, the President of the Senate, and the Speaker of the 2 House of Representatives. 3 (b) If any entity listed in paragraph (a) provides 4 written comments to the district regarding any document 5 furnished under this subsection, the district must respond to 6 the comments in writing and furnish copies of the comments and 7 written responses to the other entities. 8 Section 2. Paragraph (b) of subsection (4) of section 9 373.079, Florida Statutes, is amended to read: 10 373.079 Members of governing board; oath of office; 11 staff.-- 12 (4) 13 (b)1. The governing board of each water management 14 district shall employ an inspector general, who shall report 15 directly to the board. However, the governing boards of the 16 Suwannee River Water Management District and the Northwest 17 Florida Water Management District may jointly employ an 18 inspector general, or provide for inspector general services 19 by interagency agreement with a state agency or water 20 management district inspector general. 21 2. An inspector general must have the qualifications 22 prescribed and perform the applicable duties of state agency 23 inspectors general as provided in s. 20.055. 24 3. Within 45 days of the adoption of the final budget, 25 the governing board shall submit a 5-year capital improvement 26 plan and fiscal report for the district to the Governor, the 27 President of the Senate, the Speaker of the House of 28 Representatives, and the Secretary of Environmental 29 Protection. The capital improvement plan must include expected 30 sources of revenue for planned improvements and shall be 31 prepared in a manner comparable to the fixed capital outlay 11 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 format set forth in s. 216.043. The fiscal report shall cover 2 the preceding fiscal year and shall include a summary 3 statement of the financial operations of the district. 4 Section 3. Section 373.501, Florida Statutes, is 5 amended to read: 6 373.501 Appropriation of funds to water management 7 districts.-- 8 (1) The department may allocate to the water 9 management districts, from funds appropriated to the 10 department, such sums as may be deemed necessary to defray the 11 costs of the administrative, regulatory, and other activities 12 of the districts. The governing boards shall submit annual 13 budget requests for such purposes to the department, and the 14 department shall consider such budgets in preparing its budget 15 request for the Legislature. 16 (2) Funds appropriated by the Legislature for the 17 purpose of funding a specific water management district 18 project shall be transferred to the water management district 19 when the proposed project has been reviewed by the secretary 20 of the pertinent state agency and upon receipt of a governing 21 board resolution requesting such funds. 22 Section 4. Subsection (11) of section 373.59, Florida 23 Statutes, is amended to read: 24 373.59 Water Management Lands Trust Fund.-- 25 (11) Notwithstanding any provision of this section to 26 the contrary, and for the 2000-2001 fiscal year only, the 27 governing board of a water management district may request, 28 and the Secretary of Environmental Protection shall release 29 upon such request, moneys allocated to the districts pursuant 30 to subsection (8) for the purpose of carrying out the purposes 31 consistent with the provisions of s. 373.0361, s. 373.0831 s. 12 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 375.0831, s. 373.139, or ss. 373.451-373.4595 and for 2 legislatively authorized land acquisition and water 3 restoration initiatives. No funds may be used pursuant to this 4 subsection until necessary debt service obligations, 5 requirements for payments in lieu of taxes, and land 6 management obligations that may be required by this chapter 7 are provided for. This subsection is repealed on July 1, 2001. 8 Section 5. Sections 373.507 and 373.589, Florida 9 Statutes, are repealed. 10 Section 6. Section 153.11, Florida Statutes, is 11 amended to read: 12 153.11 Water service charges and sewer service 13 charges; revenues.-- 14 (1)(a) The county commission shall in the resolution 15 providing for the issuance of either water revenue bonds or 16 sewer revenue bonds, or both, fix the initial schedule of 17 rates, rate structures, fees, and other charges for the use of 18 and for the services furnished or to be furnished by the 19 facilities, to be paid by the owner, tenant or occupant of 20 each lot or parcel of land which may be connected with and use 21 any such facility by or through any part of the water system 22 of the county. 23 (b) After the system or systems shall have been in 24 operation the county commission may revise the such schedule 25 of rates, rate structures, fees, and charges from time to 26 time. Such rates, rate structures, fees, and charges shall be 27 so fixed and revised as to provide funds, with other funds 28 available for such purposes, sufficient at all times to pay 29 the cost of maintaining, repairing and operating the system or 30 systems including the reserves for such purposes and for 31 replacements and depreciation and necessary extensions, to pay 13 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 the principal of and the interest on the water revenue bonds 2 and/or sewer revenue bonds as the same shall become due and 3 the reserves therefor, and to provide a margin of safety for 4 making such payments. The county commission may establish 5 rates or rate structures in such a manner as to encourage and 6 promote water conservation and the use of reclaimed water for 7 nonpotable uses. The county commission shall charge and 8 collect the rates, fees, and charges so fixed or revised, and 9 the such rates, rate structures, fees, and charges shall not 10 be subject to supervision or regulation by any other 11 commission, board, bureau, or agency of the county or of the 12 state or of any sanitary district or other political 13 subdivision of the state. 14 (c) Such rates, rate structures, fees, and charges 15 shall be just and equitable and may be based or computed upon 16 the quantity of water consumed and/or upon the number and size 17 of sewer connections or upon the number and kind of plumbing 18 fixtures in use in the premises connected with the sewer 19 system or upon the number or average number of persons 20 residing or working in or otherwise connected with such 21 premises or upon any other factor affecting the use of the 22 facilities furnished or upon any combination of the foregoing 23 factors. 24 (d) In cases where the amount of water furnished to 25 any building or premises is such that it imposes an 26 unreasonable burden upon the water supply system an additional 27 charge may be made therefor or the county commission may if it 28 deems advisable compel the owners or occupants of such 29 building or premises to reduce the amount of water consumed 30 thereon in a manner to be specified by the county commission 31 or the county commission may refuse to furnish water to such 14 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 building or premises. 2 (e) In cases where the character of the sewage from 3 any manufacturing or industrial plant or any building or 4 premises is such that it imposes an unreasonable burden upon 5 any sewage disposal system, an additional charge may be made 6 therefor, or the county commission may, if it deems it 7 advisable, compel such manufacturing or industrial plant or 8 such building or premises to treat such sewage in such manner 9 as shall be specified by the county commission before 10 discharging such sewage into any sewer lines owned or 11 maintained by the county. 12 (2) The county commission may charge any owner or 13 occupant of any building or premise receiving the services of 14 the facilities herein provided such initial installation or 15 connection charge or fee as the commission may determine to be 16 just and reasonable. 17 (3)(a) No rates, rate structures, fees, or charges 18 shall be fixed under the foregoing provisions of this section 19 until after a public hearing at which all of the users of the 20 facilities provided by this chapter and owners, tenants and 21 occupants of property served or to be served thereby and all 22 others interested shall have an opportunity to be heard 23 concerning the proposed rates, rate structures, fees, and 24 charges. After the adoption by the county commission of a 25 resolution setting forth the preliminary schedule or schedules 26 fixing and classifying such rates, rate structures, fees, and 27 charges, notice of such public hearing setting forth the 28 schedule or schedules of rates, rate structures, fees, and 29 charges shall be given by one publication in a newspaper 30 published in the county at least 10 days before the date fixed 31 in said notice for the hearing, which said hearing may be 15 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 adjourned from time to time. After such hearing such 2 preliminary schedule or schedules, either as originally 3 adopted or as modified or amended, shall be adopted and put 4 into effect and thereupon the resolution providing for the 5 issuance of water revenue bonds and/or sewer revenue bonds may 6 be finally adopted. 7 (b) A copy of the schedule or schedules of such rates, 8 rate structures, fees, and charges finally fixed in such 9 resolution shall be kept on file in the office of the clerk of 10 the circuit court in the county and shall be open to 11 inspection by all parties interested. The rates, rate 12 structures, fees, or charges so fixed for any class of users 13 or property served shall be extended to cover any additional 14 property thereafter served which fall within the same class 15 without the necessity of any hearing or notice. 16 (c) Any change or revision of any rates, rate 17 structures, fees, or charges may be made in the same manner as 18 such rates, rate structures, fees, or charges were originally 19 established as hereinabove provided, but if such change or 20 revision be made substantially pro rata as to all classes of 21 service no notice or hearing shall be required. 22 Section 7. Subsection (13) is added to section 23 163.3167, Florida Statutes, to read: 24 163.3167 Scope of act.-- 25 (13) Each local government shall address in its 26 comprehensive plan the availability of water supplies 27 necessary to meet the projected water use demands for the 28 established planning period, compatible with any applicable 29 plan developed pursuant to s. 373.036. 30 Section 8. Paragraph (a) of subsection (3), paragraph 31 (a) of subsection (4), and paragraph (c) of subsection (6) of 16 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 section 163.3177, Florida Statutes, are amended to read: 2 163.3177 Required and optional elements of 3 comprehensive plan; studies and surveys.-- 4 (3) (a) The comprehensive plan shall contain a capital 5 improvements element designed to consider the need for and the 6 location of public facilities in order to encourage the 7 efficient utilization of such facilities and set forth: 8 1. A component which outlines principles for 9 construction, extension, or increase in capacity of public 10 facilities, including potable water facilities compatible with 11 the applicable regional water supply plan developed pursuant 12 to s. 373.0361, as well as a component which outlines 13 principles for correcting existing public facility 14 deficiencies, which are necessary to implement the 15 comprehensive plan. The components shall cover at least a 16 5-year period. 17 2. Estimated public facility costs, including a 18 delineation of when facilities will be needed, the general 19 location of the facilities, and projected revenue sources to 20 fund the facilities. 21 3. Standards to ensure the availability of public 22 facilities and the adequacy of those facilities including 23 acceptable levels of service. 24 4. Standards for the management of debt. 25 (4)(a) Coordination of the local comprehensive plan 26 with the comprehensive plans of adjacent municipalities, the 27 county, adjacent counties, or the region; with any applicable 28 plan developed pursuant to s. 373.036; with adopted rules 29 pertaining to designated areas of critical state concern; and 30 with the state comprehensive plan shall be a major objective 31 of the local comprehensive planning process. To that end, in 17 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 the preparation of a comprehensive plan or element thereof, 2 and in the comprehensive plan or element as adopted, the 3 governing body shall include a specific policy statement 4 indicating the relationship of the proposed development of the 5 area to the comprehensive plans of adjacent municipalities, 6 the county, adjacent counties, or the region and to the state 7 comprehensive plan, as the case may require and as such 8 adopted plans or plans in preparation may exist. 9 (6) In addition to the requirements of subsections 10 (1)-(5), the comprehensive plan shall include the following 11 elements: 12 (c) A general sanitary sewer, solid waste, drainage, 13 potable water, and natural groundwater aquifer recharge 14 element correlated to principles and guidelines for future 15 land use, indicating ways to provide for future potable water, 16 drainage, sanitary sewer, solid waste, and aquifer recharge 17 protection requirements for the area. The element may be a 18 detailed engineering plan including a topographic map 19 depicting areas of prime groundwater recharge. The element 20 shall describe the problems and needs and the general 21 facilities that will be required for solution of the problems 22 and needs. The element shall also include a topographic map 23 depicting any areas adopted by a regional water management 24 district as prime groundwater recharge areas for the Floridan 25 or Biscayne aquifers, pursuant to s. 373.0395. These areas 26 shall be given special consideration when the local government 27 is engaged in zoning or considering future land use for said 28 designated areas. For areas served by septic tanks, soil 29 surveys shall be provided which indicate the suitability of 30 soils for septic tanks. By October 1, 2002, the element shall 31 also include data and analyses, based upon the appropriate 18 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 plan developed pursuant to s. 373.036, that evaluate the 2 availability of potable water compared to population growth 3 projected by the future land use plan. 4 Section 9. Paragraph (k) is added to subsection (2) of 5 section 373.1961, Florida Statutes, to read: 6 373.1961 Water production.-- 7 (2) The Legislature finds that, due to a combination 8 of factors, vastly increased demands have been placed on 9 natural supplies of fresh water, and that, absent increased 10 development of alternative water supplies, such demands may 11 increase in the future. The Legislature also finds that 12 potential exists in the state for the production of 13 significant quantities of alternative water supplies, 14 including reclaimed water, and that water production includes 15 the development of alternative water supplies, including 16 reclaimed water, for appropriate uses. It is the intent of 17 the Legislature that utilities develop reclaimed water 18 systems, where reclaimed water is the most appropriate 19 alternative water supply option, to deliver reclaimed water to 20 as many users as possible through the most cost-effective 21 means, and to construct reclaimed water system infrastructure 22 to their owned or operated properties and facilities where 23 they have reclamation capability. It is also the intent of the 24 Legislature that the water management districts which levy ad 25 valorem taxes for water management purposes should share a 26 percentage of those tax revenues with water providers and 27 users, including local governments, water, wastewater, and 28 reuse utilities, municipal, industrial, and agricultural water 29 users, and other public and private water users, to be used to 30 supplement other funding sources in the development of 31 alternative water supplies. The Legislature finds that public 19 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 moneys or services provided to private entities for such uses 2 constitute public purposes which are in the public interest. 3 In order to further the development and use of alternative 4 water supply systems, including reclaimed water systems, the 5 Legislature provides the following: 6 (k) The Florida Public Service Commission shall allow 7 entities under its jurisdiction constructing alternative water 8 supply facilities, including but not limited to aquifer 9 storage and recovery wells, to recover the full, prudently 10 incurred cost of such facilities through their rate structure. 11 Every component of an alternative water supply facility 12 constructed by an investor-owned utility shall be recovered in 13 current rates. 14 Section 10. Subsection (2) of section 373.217, Florida 15 Statutes, is amended to read: 16 373.217 Superseded laws and regulations.-- 17 (2) It is the further intent of the Legislature that 18 Part II of the Florida Water Resources Act of 1972, as 19 amended, as set forth in ss. 373.203-373.249, shall provide 20 the exclusive authority for requiring permits for the 21 consumptive use of water and for authorizing transportation 22 thereof pursuant to s. 373.223(2). Nothwithstanding the 23 provisions of Chapter 163, the issuance of a permit under this 24 part shall be a conclusive determination of the availability 25 of water supplies, including ground and surface water 26 resources and alternative water supplies, for the use 27 authorized by such permit. 28 Section 11. Section 373.621, Florida Statutes, is 29 created to read: 30 373.621 Water conservation.--The Legislature 31 recognizes the significant value of water conservation in the 20 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 protection and efficient use of water resources. Accordingly, 2 additional consideration in the administration of ss. 373.223, 3 373.233, and 373.236 shall be given to applicants who 4 implement water conservation practices pursuant to s. 570.080 5 or other applicable water conservation measures as determined 6 by the department or water management district. 7 Section 12. Section 403.064, Florida Statutes, is 8 amended to read: 9 403.064 Reuse of reclaimed water.-- 10 (1) The encouragement and promotion of water 11 conservation, and reuse of reclaimed water, as defined by the 12 department, are state objectives and are considered to be in 13 the public interest. The Legislature finds that the reuse of 14 reclaimed water is a critical component of meeting the state's 15 existing and future water supply needs while sustaining 16 natural systems. The Legislature further finds that for those 17 wastewater treatment plants permitted and operated under an 18 approved reuse program by the department, the reclaimed water 19 shall be considered environmentally acceptable and not a 20 threat to public health and safety. 21 (2) All applicants for permits to construct or operate 22 a domestic wastewater treatment facility located within, 23 serving a population located within, or discharging within a 24 water resource caution area shall prepare a reuse feasibility 25 study as part of their application for the permit. Reuse 26 feasibility studies shall be prepared in accordance with 27 department guidelines adopted by rule and shall include, but 28 are not limited to: 29 (a) Evaluation of monetary costs and benefits for 30 several levels and types of reuse. 31 (b) Evaluation of water savings if reuse is 21 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 implemented. 2 (c) Evaluation of rates and fees necessary to 3 implement reuse. 4 (d) Evaluation of environmental and water resource 5 benefits associated with reuse. 6 (e) Evaluation of economic, environmental, and 7 technical constraints. 8 (f) A schedule for implementation of reuse. The 9 schedule shall consider phased implementation. 10 (3) The permit applicant shall prepare a plan of study 11 for the reuse feasibility study consistent with the reuse 12 feasibility study guidelines adopted by department rule. The 13 plan of study shall include detailed descriptions of 14 applicable treatment and water supply alternatives to be 15 evaluated and the methods of analysis to be used. The plan of 16 study shall be submitted to the department for review and 17 approval. 18 (4)(3) The study required under subsection (2) shall 19 be performed by the applicant, and the applicant shall 20 determine the feasibility of reuse based upon the results of 21 the study, 's determination of feasibility is final if the 22 study complies with the requirements of subsections (2) and 23 (3). 24 (5)(4) A reuse feasibility study is not required if: 25 (a) The domestic wastewater treatment facility has an 26 existing or proposed permitted or design capacity less than 27 0.1 million gallons per day; or 28 (b) The permitted reuse capacity equals or exceeds the 29 total permitted capacity of the domestic wastewater treatment 30 facility. 31 (6)(5) A reuse feasibility study prepared under 22 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 subsection (2) satisfies a water management district 2 requirement to conduct a reuse feasibility study imposed on a 3 local government or utility that has responsibility for 4 wastewater management. 5 (7)(6) Local governments may allow the use of 6 reclaimed water for inside activities, including, but not 7 limited to, toilet flushing, fire protection, and decorative 8 water features, as well as for outdoor uses, provided the 9 reclaimed water is from domestic wastewater treatment 10 facilities which are permitted, constructed, and operated in 11 accordance with department rules. 12 (8)(7) Permits issued by the department for domestic 13 wastewater treatment facilities shall be consistent with 14 requirements for reuse included in applicable consumptive use 15 permits issued by the water management district, if such 16 requirements are consistent with department rules governing 17 reuse of reclaimed water. This subsection applies only to 18 domestic wastewater treatment facilities which are located 19 within, or serve a population located within, or discharge 20 within water resource caution areas and are owned, operated, 21 or controlled by a local government or utility which has 22 responsibility for water supply and wastewater management. 23 (9)(8) Local governments may and are encouraged to 24 implement programs for the reuse of reclaimed water. Nothing 25 in this chapter shall be construed to prohibit or preempt such 26 local reuse programs. 27 (10)(9) A local government that implements a reuse 28 program under this section shall be allowed to allocate the 29 costs in a reasonable manner. 30 (11)(10) Pursuant to chapter 367, the Florida Public 31 Service Commission shall allow entities under its jurisdiction 23 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 which conduct studies or implement reuse projects, including, 2 but not limited to, any study required by subsection (2) or 3 facilities used for reliability purposes for a reclaimed water 4 reuse system, to recover the full, prudently incurred cost of 5 such studies and facilities through their rate structure. 6 (12)(11) In issuing consumptive use permits, the 7 permitting agency shall consider the local reuse program. 8 (13)(12) A local government shall require a developer, 9 as a condition for obtaining a development order, to comply 10 with the local reuse program. 11 (14)(13) If, After conducting a feasibility study 12 under subsection (2), an applicant determines that reuse of 13 reclaimed water is feasible, domestic wastewater treatment 14 facilities that dispose of effluent by Class I deep well 15 injection, as defined in 40 C.F.R. part 144.6(a), must 16 implement reuse according to the schedule for implementation 17 contained in the study conducted under subsection (2), to the 18 degree that reuse is determined feasible, based upon the 19 applicant's reuse feasibility study. Applicable permits issued 20 by the department shall be consistent with the requirements of 21 this subsection. 22 (a) This subsection does not limit the use of a Class 23 I deep well injection facility as backup for a reclaimed water 24 reuse system. 25 (b) This subsection applies only to domestic 26 wastewater treatment facilities located within, serving a 27 population located within, or discharging within a water 28 resource caution area. 29 (15)(14) If, After conducting a feasibility study 30 under subsection (2), an applicant determines that reuse of 31 reclaimed water is feasible, domestic wastewater treatment 24 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 facilities that dispose of effluent by surface water 2 discharges or by land application methods must implement reuse 3 according to the schedule for implementation contained in the 4 study conducted under subsection (2), to the degree that reuse 5 is determined feasible, based upon the applicant's reuse 6 feasibility study.. This subsection does not apply to surface 7 water discharges or land application systems which are 8 currently categorized as reuse under department rules. 9 Applicable permits issued by the department shall be 10 consistent with the requirements of this subsection. 11 (a) This subsection does not limit the use of a 12 surface water discharge or land application facility as backup 13 for a reclaimed water reuse system. 14 (b) This subsection applies only to domestic 15 wastewater treatment facilities located within, serving a 16 population located within, or discharging within a water 17 resource caution area. 18 Section 13. Section 570.080, Florida Statutes, is 19 created to read: 20 570.080 Agricultural water conservation program.--The 21 department shall establish an agricultural water conservation 22 program which includes the following: 23 (1) A cost share program, coordinated where 24 appropriate with United States Department of Agriculture and 25 other federal, state, regional, and local agencies, for 26 irrigation system retrofit and application of mobile 27 irrigation laboratory evaluations for water conservation as 28 provided in this section, and where applicable, for water 29 quality improvement pursuant to s. 403.067(7)(d). 30 (2) The development and implementation of voluntary 31 interim measures or best management practices, adopted by 25 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 rule, which provide for increased efficiencies in the 2 utilization and management of water for agricultural 3 production. In the process of developing and adopting rules 4 for interim measures or best management practices, the 5 department shall consult with the Department of Environmental 6 Protection and the water management districts. Such rules may 7 also include a system to ensure the implementation of the 8 interim measures or best management practices, including 9 record keeping requirements. As new information regarding 10 efficient agricultural water use and management becomes 11 available the department shall reevaluate, and revise as 12 needed, the interim measures or best management practices. The 13 interim measures or best management practices may include 14 irrigation retrofit, implementation of mobile irrigation 15 laboratory evaluations and recommendations, water resource 16 augmentation, and integrated water management systems for 17 drought management and flood control and should, to the 18 maximum extend practicable, be designed to qualify for 19 regulatory and other incentives, as determined by the agency 20 having applicable statutory authority. 21 (3) Provision of assistance to the water management 22 districts in the development and implementation of a 23 consistent, to the extent practicable, methodology for the 24 efficient allocation of water for agricultural irrigation. 25 Section 14. The South Florida, St. Johns River, and 26 Southwest Florida Water Management Districts shall each 27 develop and participate in financing at least one 28 public-private alternative water project that expands the 29 current availability of alternative water supplies. Funding 30 for the selected project shall commence no later than fiscal 31 year 2001-2002. The selected project shall meet the criteria 26 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 in s. 373.0831(4)(a). Projects that create new sources in 2 order to help implement a prevention or recovery strategy for 3 a minimum flow or level shall be given priority consideration 4 for funding. 5 Section 15. As a result of ongoing drought conditions 6 throughout the state and in order to aid in the development of 7 a better understanding of Florida's unique surface and ground 8 water sources, it is the intent of the Legislature that the 9 water management districts undertake a coordinated effort to 10 develop an illustrative public service program that depicts 11 the current status of major surface and ground water sources. 12 This program shall be designed to provide information that 13 shows the water levels of aquifers and water bodies that are 14 critical to water supplies within each water management 15 district. It is the intent of the Legislature that the 16 districts develop partnerships with the local media to assist 17 in the dissemination of this information. Further, it is the 18 intent of the Legislature that this program be developed and 19 made available no later than December 31, 2001. Beginning 20 January 1, 2002, and every six months thereafter, the 21 information developed pursuant to this section shall be 22 submitted to the appropriate legislative committees with 23 substantive jurisdiction over the water management districts. 24 Section 16. Subsection (7) of section 373.0693, 25 Florida Statutes, is amended to read: 26 373.0693 Basins; basin boards.-- 27 (7) At 11:59 p.m. on December 31, 1976, the Manasota 28 Watershed Basin of the Ridge and Lower Gulf Coast Water 29 Management District, which is annexed to the Southwest Florida 30 Water Management District by change of its boundaries pursuant 31 to chapter 76-243, Laws of Florida, shall be formed into a 27 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 subdistrict or basin of the Southwest Florida Water Management 2 District, subject to the same provisions as the other basins 3 in such district. Such subdistrict shall be designated 4 initially as the Manasota Basin. The members of the governing 5 board of the Manasota Watershed Basin of the Ridge and Lower 6 Gulf Coast Water Management District shall become members of 7 the governing board of the Manasota Basin of the Southwest 8 Florida Water Management District. Notwithstanding other 9 provisions in this section, beginning on July 1, 2001, the 10 membership of the Manasota Basin Board shall be comprised of 11 three members from Manatee County and three members from 12 Sarasota County. Matters relating to tie votes shall be 13 resolved pursuant to subsection (6) by the ex officio chair 14 designated by the governing board to vote in case of a tie 15 vote. 16 Section 17. This act shall take effect July 1, 2001. 17 18 19 ================ T I T L E A M E N D M E N T =============== 20 And the title is amended as follows: 21 On page 1, line 2 through page 2 line 5 22 remove from the title of the bill: all of said lines 23 24 and insert in lieu thereof: 25 An act relating to water resources; amending s. 26 373.536, F.S.; revising notice and hearing 27 provisions relating to the adoption of a final 28 budget for the water management districts; 29 specifying to whom a copy of the water 30 management districts' tentative budgets must be 31 sent for review; specifying the contents of the 28 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 tentative budgets; requiring the Executive 2 Office of the Governor to file with the 3 Legislature a report summarizing its review of 4 the water management districts' tentative 5 budgets and displaying the adopted budget 6 allocations by program area; requiring the 7 water management districts to submit certain 8 budget documents to specified officials; 9 amending s. 373.079, F.S.; deleting a 10 requirement that the water management districts 11 submit a 5-year capital improvement plan and 12 fiscal report to the Governor, the President of 13 the Senate, the Speaker of the House of 14 Representatives, and the Secretary of 15 Environmental Protection; amending s. 373.501, 16 F.S.; providing procedures for the transfer of 17 funds for proposed water management district 18 projects; amending s. 373.59, F.S.; authorizing 19 the use of the Water Management Trust Fund for 20 specified purposes other than acquisition; 21 repealing s. 373.507, F.S., relating to 22 postaudits and budgets of water management 23 districts and basins; repealing s. 373.589, 24 F.S., relating to audits of water management 25 districts; amending s. 153.11, F.S.; 26 authorizing county commissions to establish 27 water and sewer rates and rate structures to 28 encourage and promote water conservation and 29 the use of reclaimed water; amending s. 30 163.3167, F.S.; requiring that each local 31 government provide in its growth management 29 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527
HOUSE AMENDMENT Bill No. CS for SB 972, 1st Eng. Amendment No. ___ (for drafter's use only) 1 plan for the long-term availability of water 2 supplies for approved land development; 3 amending s. 163.3177, F.S.; directing local 4 government comprehensive plans to coordinate 5 with regional water supply plans; directing 6 future land use plans to be based on data 7 regarding the availability of sufficient water 8 supplies for present and future growth; 9 amending s. 373.1961, F.S.; allowing certain 10 alternative water supply facilities to recover 11 the costs of such facilities through rate 12 structures; amending s. 373.217, F.S.; 13 recognizing a permit issued under Part II of 14 Chapter 373, F.S., as conclusive determination 15 of water supply availability; creating s. 16 373.621, F.S.; recognizing the significance of 17 water conservation; requiring consideration of 18 the implementation of water conservation 19 practices in water use permitting; amending s. 20 403.064, F.S.; requiring the reuse of reclaimed 21 water when feasible; creating s. 570.080, F.S.; 22 establishing an agricultural water conservation 23 program; requiring water management districts 24 to develop and finance public-private 25 alternative water supply projects; requiring 26 the dissemination of public information 27 regarding the status of major water sources; 28 amending s. 373.0693, F.S.; providing for 29 membership on the Manasota Basin Board and for 30 the resolution of tie votes; providing an 31 effective date. 30 File original & 9 copies 04/27/01 hep0001 10:34 am 00972-0072-645527