HB 0105A 2003
   
1 A bill to be entitled
2          An act relating to water resources; amending s. 159.803,
3    F.S.; revising the definition of "priority project";
4    amending s. 163.3167, F.S.; requiring local governments to
5    include projected water use in comprehensive plans;
6    amending s. 367.081, F.S.; revising procedure for fixing
7    and changing rates to include the recovery of costs of
8    alternative water supply facilities; amending s. 367.0814,
9    F.S.; revising limit on the amount of revenues received by
10    a utility to qualify for staff assistance in changing
11    rates or charges; creating s. 373.227, F.S.; providing for
12    the development of a water conservation guidance manual by
13    the Department of Environmental Protection; providing for
14    purpose and contents of the manual and requirements with
15    respect thereto; requiring the Department of Environmental
16    Protection to adopt the manual by rule by a specified
17    date; providing program requirements for public water
18    supply utilities that choose to design a comprehensive
19    water conservation program based on the water conservation
20    guidance manual; amending s. 373.0361, F.S.; providing for
21    a public workshop on the development of regional water
22    supply plans that include the consideration of population
23    projections; providing for a list of water source options
24    in regional water supply plans; providing additional
25    regional water supply plan components; including
26    conservation measures in regional water supply plans;
27    revising specified reporting requirements of the
28    Department of Environmental Protection; providing that a
29    district water management plan may not be used as criteria
30    for the review of permits for consumptive uses of water
31    unless the plan or applicable portion thereof has been
32    adopted by rule; providing construction; amending s.
33    373.0831, F.S.; revising the criteria by which water
34    supply development projects may receive priority
35    consideration for funding assistance; providing for
36    permitting and funding of a proposed alternative water
37    supply project identified in the relevant approved
38    regional water supply plan; amending s. 373.1961, F.S.;
39    providing funding priority; providing for the
40    establishment of a revolving loan fund for alternative
41    water supply projects; providing conditions for certain
42    projects to receive funding assistance; amending s.
43    373.1963, F.S.; prohibiting the West Coast Regional Water
44    Supply Authority from seeking permits from the South
45    Florida Water Management District for the consumptive use
46    of water from groundwater in a specified area; amending s.
47    373.223, F.S.; requiring the Department of Environmental
48    Protection and the water management districts to submit
49    specified recommendations to the Legislature; creating s.
50    373.2234, F.S.; authorizing the governing board of a water
51    management district to adopt rules identifying certain
52    preferred water supply sources; providing requirements
53    with respect to such rules; providing construction;
54    amending s. 373.250, F.S.; authorizing water management
55    districts to require the use of reclaimed water in lieu of
56    surface or groundwater when the use of uncommitted
57    reclaimed water is environmentally, economically, and
58    technically feasible; providing construction with respect
59    to such authority; amending s. 373.536, F.S.; expanding
60    requirements of the 5-year water resource development work
61    program for water management districts; providing
62    legislative findings and intent with regard to landscape
63    irrigation design; requiring water management districts to
64    develop landscape irrigation and xeriscape design
65    standards; amending s. 378.212, F.S.; providing for the
66    granting of a variance from pt. III of ch. 378, F.S.,
67    relating to phosphate land reclamation, for specified
68    reclamation, and from pt. IV of ch. 373, for certain
69    projects under described circumstances; amending s.
70    378.404, F.S.; authorizing the department to grant
71    variances from the provisions of part IV of chapter 378 to
72    accommodate reclamation that provides for water supply
73    development or water resource development under specified
74    circumstances; amending s. 403.064, F.S.; revising
75    provisions relating to reuse feasibility studies;
76    providing for metering use of reclaimed water and volume-
77    based rates therefor; requiring wastewater utilities to
78    submit plans for metering use and volume-based rate
79    structures to the department; amending s. 403.1835, F.S.;
80    authorizing the Department of Environmental Protection to
81    make specified deposits for the purpose of enabling below-
82    market interest rate loans for treatment of polluted
83    water; providing for development of rate structures for
84    alternative water supply systems; providing criteria;
85    providing for a study of the feasibility of discharging
86    reclaimed wastewater into canals and the aquifer system in
87    a specified area as an environmentally acceptable means of
88    accomplishing described objectives; requiring reports;
89    providing severability; providing legislative findings
90    with respect to loss of property values due to the
91    proximity of a regional water reservoir; authorizing a
92    cause of action for a property owner; specifying a period
93    during which a property owner may present a claim for
94    compensation to the regional water supply authority that
95    constructs, operates, and maintains the reservoir;
96    providing requirements for the offer of compensation by a
97    regional water supply authority; providing for judicial
98    review under the Bert J. Harris, Jr., Private Property
99    Rights Protection Act; providing for an award of costs and
100    attorney's fees; providing for future repeal of the
101    section; providing for applicability; providing for
102    construction of the act in pari materia with laws enacted
103    during the Regular Session of the Legislature; providing
104    effective dates.
105         
106          Be It Enacted by the Legislature of the State of Florida:
107         
108          Section 1. Subsection (5) of section 159.803, Florida
109    Statutes, is amended to read:
110          159.803 Definitions.--As used in this part, the term:
111          (5) "Priority project" means a solid waste disposal
112    facility or a sewage facility, as such terms are defined in s.
113    142 of the Code, or water facility, as defined in s. 142 of the
114    Code, which is operated by a member-owned, not-for-profit
115    utility,or any project which is to be located in an area which
116    is an enterprise zone designated pursuant to s. 290.0065.
117          Section 2. Subsection (13) is added to section 163.3167,
118    Florida Statutes, to read:
119          163.3167 Scope of act.--
120          (13) Each local government shall address in its
121    comprehensive plan, as enumerated in this chapter, the water
122    supply projects necessary to meet and achieve the existing and
123    projected water use demand for the established planning period,
124    considering the applicable plan developed pursuant to s.
125    373.0361.
126          Section 3. Subsection (2) of section 367.081, Florida
127    Statutes, is amended to read:
128          367.081 Rates; procedure for fixing and changing.--
129          (2)(a)1. The commission shall, either upon request or upon
130    its own motion, fix rates which are just, reasonable,
131    compensatory, and not unfairly discriminatory. In every such
132    proceeding, the commission shall consider the value and quality
133    of the service and the cost of providing the service, which
134    shall include, but not be limited to, debt interest; the
135    requirements of the utility for working capital; maintenance,
136    depreciation, tax, and operating expenses incurred in the
137    operation of all property used and useful in the public service;
138    and a fair return on the investment of the utility in property
139    used and useful in the public service. Pursuant to s.
140    373.1961(2)(l), the commission shall allow recovery of the full,
141    prudently incurred costs of alternative water supply facilities.
142    However, the commission shall not allow the inclusion of
143    contributions-in-aid-of-construction in the rate base of any
144    utility during a rate proceeding, nor shall the commission
145    impute prospective future contributions-in-aid-of-construction
146    against the utility's investment in property used and useful in
147    the public service; and accumulated depreciation on such
148    contributions-in-aid-of-construction shall not be used to reduce
149    the rate base, nor shall depreciation on such contributed assets
150    be considered a cost of providing utility service.
151          2. For purposes of such proceedings, the commission shall
152    consider utility property, including land acquired or facilities
153    constructed or to be constructed within a reasonable time in the
154    future, not to exceed 24 months after the end of the historic
155    base year used to set final rates unless a longer period is
156    approved by the commission, to be used and useful in the public
157    service, if:
158          a. Such property is needed to serve current customers;
159          b. Such property is needed to serve customers 5 years
160    after the end of the test year used in the commission's final
161    order on a rate request as provided in subsection(6) at a growth
162    rate for equivalent residential connections not to exceed 5
163    percent per year; or
164          c. Such property is needed to serve customers more than 5
165    full years after the end of the test year used in the
166    commission's final order on a rate request as provided in
167    subsection (6) only to the extent that the utility presents
168    clear and convincing evidence to justify such consideration.
169         
170          Notwithstanding the provisions of this paragraph, the commission
171    shall approve rates for service which allow a utility to recover
172    from customers the full amount of environmental compliance
173    costs. Such rates may not include charges for allowances for
174    funds prudently invested or similar charges. For purposes of
175    this requirement, the term "environmental compliance costs"
176    includes all reasonable expenses and fair return on any prudent
177    investment incurred by a utility in complying with the
178    requirements or conditions contained in any permitting,
179    enforcement, or similar decisions of the United States
180    Environmental Protection Agency, the Department of Environmental
181    Protection, a water management district, or any other
182    governmental entity with similar regulatory jurisdiction.
183          (b) In establishing initial rates for a utility, the
184    commission may project the financial and operational data as set
185    out in paragraph (a) to a point in time when the utility is
186    expected to be operating at a reasonable level of capacity.
187          Section 4. Subsection (1) of section 367.0814, Florida
188    Statutes, is amended to read:
189          367.0814 Staff assistance in changing rates and charges;
190    interim rates.--
191          (1) The commission may establish rules by which a water or
192    wastewater utility whose gross annual revenues are $200,000
193    $150,000or less may request and obtain staff assistance for the
194    purpose of changing its rates and charges. A utility may request
195    staff assistance by filing an application with the commission.
196          Section 5. Section 373.227, Florida Statutes, is created
197    to read:
198          373.227 Water conservation guidance manual.--
199          (1) The Legislature recognizes that the proper
200    conservation of water is an important means of achieving the
201    economical and efficient utilization of water necessary to
202    constitute a reasonable-beneficial use. The Legislature
203    encourages the development and use of water conservation
204    measures that are effective, flexible, and affordable. In the
205    context of the use of water for public supply provided by a
206    water utility, the Legislature intends for a variety of
207    conservation measures to be available and used to encourage
208    efficient water use. The Legislature finds that the social,
209    economic, and cultural conditions of this state relating to the
210    use of public water supply vary by geographic region, and thus
211    water utilities must have the flexibility to tailor water
212    conservation measures to best suit their individual
213    circumstances. For purposes of this section, the term "public
214    water supply utility” shall include both publicly owned and
215    privately owned public water supply utilities.
216          (2) In order to implement the findings in subsection (1),
217    the Department of Environmental Protection shall develop a water
218    conservation guidance manual containing a menu of water
219    conservation measures from which public water supply utilities
220    may select in the development of a comprehensive, goal-based
221    water conservation program tailored for their individual service
222    areas that is effective and does not impose undue costs or
223    burdens on customers. The water conservation guidance manual
224    shall promote statewide consistency in the approach to utility
225    conservation while maintaining appropriate flexibility. The
226    manual may contain measures such as: water conservation audits,
227    informative billing practices to educate customers on their
228    patterns of water use, the costs of water, and ways to conserve
229    water; ordinances requiring low-flow plumbing fixtures and
230    efficient landscape irrigation; rebate programs for the
231    installation of water-saving plumbing or appliances; general
232    water conservation educational programs including bill inserts;
233    measures to promote the more effective and efficient reuse of
234    reclaimed water; water conservation or drought rate structures
235    that encourage customers to conserve water through appropriate
236    price signals; and programs to apply utility profits generated
237    through conservation and drought rates to additional water
238    conservation programs or water supply development. The manual
239    shall specifically state that it is the responsibility of the
240    appropriate utility to determine the specific rates it will
241    charge its customers and that the role of the department or
242    water management district is confined to the review of those
243    rate structures to determine whether they encourage water
244    conservation. The water conservation guidance manual shall also
245    state that a utility need not adopt a water conservation or
246    drought rate structure if the utility employs other measures
247    that are equally or more effective. The manual shall provide for
248    different levels of complexity and expected levels of effort in
249    conservation programs depending on the size of the utility.
250    However, all utilities will be expected to have at least basic
251    programs in each of the following areas:
252          (a) Individual metering, to the extent feasible as
253    determined by the utility.
254          (b) Water accounting and loss control.
255          (c) Cost of service accounting.
256          (d) Information programs on water conservation.
257          (e) Landscaping water efficiency programs.
258          (3) The Department of Environmental Protection shall
259    develop the water conservation guidance manual no later than
260    June 15, 2004. The department shall develop the manual in
261    consultation with interested parties, which, at a minimum, shall
262    include representatives from the water management districts,
263    three utilities that are members of the American Water Works
264    Association, two utilities that are members of the Florida Water
265    Environment Association, a representative of the Florida Chamber
266    of Commerce, representatives of counties and municipalities, and
267    representatives of environmental organizations. By December 15,
268    2004, the department shall adopt the water conservation guidance
269    manual by rule. Once the department adopts the water
270    conservation guidance manual by rule, the water management
271    districts may apply the manual and any revisions thereto in the
272    review of water conservation requirements for obtaining a permit
273    pursuant to part II without the need to adopt the manual
274    pursuant to s. 120.54. Once the water conservation guidance
275    manual is adopted by rule, a public water supply utility may
276    choose to comply with the standard water conservation
277    requirements adopted by the appropriate water management
278    district for obtaining a consumptive use permit from that
279    district, or may choose to develop a comprehensive, goal-based
280    water conservation program from the options contained in the
281    manual. If the utility chooses to design a comprehensive water
282    conservation program based on the water conservation guidance
283    manual, the proposed program must include the following:
284          (a) An inventory of water system characteristics and
285    conservation opportunities.
286          (b) Demand forecasts.
287          (c) An explanation of the proposed program.
288          (d) Specific numeric water conservation targets for the
289    utility as a whole and for appropriate customer classes, with a
290    justification of why the numeric targets are appropriate based
291    on that utility’s particular customer characteristics and
292    conservation opportunities.
293          (e) A demonstration that the program will promote
294    effective water conservation at least as well as standard water
295    use conservation requirements adopted by the appropriate water
296    management district.
297          (f) A timetable for the utility and the water management
298    district to evaluate progress in meeting the water conservation
299    targets and making needed program modifications.
300          (4) If the utility provides reasonable assurance that the
301    proposed conservation program is consistent with the water
302    conservation guidance manual and contains the elements specified
303    in subsection (3), then the water management district shall
304    approve the proposed program and the program shall satisfy water
305    conservation requirements imposed as a condition of obtaining a
306    permit under part II. The department, in consultation with the
307    parties specified in subsection(3), may periodically amend or
308    revise the water conservation guidance manual rule as
309    appropriate to reflect changed circumstances or new technologies
310    or approaches. The findings and provisions in this section shall
311    not be construed to apply to users of water other than public
312    and private water supply utilities.
313          Section 6. Subsections (1), (2), (5), and (6) of section
314    373.0361, Florida Statutes, are amended to read:
315          373.0361 Regional water supply planning.--
316          (1) By October 1, 1998, the governing board shall initiate
317    water supply planning for each water supply planning region
318    identified in the district water management plan under s.
319    373.036, where it determines that sources of water are not
320    adequate for the planning period to supply water for all
321    existing and projected reasonable-beneficial uses and to sustain
322    the water resources and related natural systems. The planning
323    must be conducted in an open public process, in coordination and
324    cooperation with local governments, regional water supply
325    authorities, government-owned and privately owned water
326    utilities, self-suppliers, and other affected and interested
327    parties. During development but prior to completion of the
328    regional water supply plan, the district must conduct at least
329    one public workshop to discuss the technical data and modeling
330    tools anticipated to be used to support the plan.A
331    determination by the governing board that initiation of a
332    regional water supply plan for a specific planning region is not
333    needed pursuant to this section shall be subject to s. 120.569.
334    The governing board shall reevaluate such a determination at
335    least once every 5 years and shall initiate a regional water
336    supply plan, if needed, pursuant to this subsection.
337          (2) Each regional water supply plan shall be based on at
338    least a 20-year planning period and shall include, but not be
339    limited to:
340          (a) A water supply development component that includes:
341          1. A quantification of the water supply needs for all
342    existing and reasonably projected future uses within the
343    planning horizon. The level-of-certainty planning goal
344    associated with identifying the water supply needs of existing
345    and future reasonable-beneficial uses shall be based upon
346    meeting those needs for a 1-in-10-year drought event. Population
347    projections used for determining public water supply needs shall
348    be based upon the best available data. In determining the best
349    available data, the district shall consider the University of
350    Florida’s Bureau of Economic and Business Research(BEBR) medium
351    population projections and any population projection data and
352    analysis submitted by a local government pursuant to the public
353    workshop described in subsection(1) when such data and analysis
354    support the local government’s comprehensive plan. Any
355    adjustment of or deviation from the BEBR projections shall be
356    fully described and the original BEBR data shall be presented
357    along with the adjusted data.
358          2. A list of water source options for water supply
359    development, including traditional and alternative source
360    optionssources, from which local government, government-owned
361    and privately owned utilities, self-suppliers, and others may
362    choose, for water supply development, the total capacity of
363    which will, in conjunction with water conservation and other
364    demand management measures,exceed the needs identified in
365    subparagraph 1.
366          3. For each option listed in subparagraph 2., the
367    estimated amount of water available for use and the estimated
368    costs of and potential sources of funding for water supply
369    development.
370          4. A list of water supply development projects that meet
371    the criteria in s. 373.0831(4).
372          (b) A water resource development component that includes:
373          1. A listing of those water resource development projects
374    that support water supply development.
375          2. For each water resource development project listed:
376          a. An estimate of the amount of water to become available
377    through the project.
378          b. The timetable for implementing or constructing the
379    project and the estimated costs for implementing, operating, and
380    maintaining the project.
381          c. Sources of funding and funding needs.
382          d. Who will implement the project and how it will be
383    implemented.
384          (c) The recovery and prevention strategy described in s.
385    373.0421(2).
386          (d) A funding strategy for water resource development
387    projects, which shall be reasonable and sufficient to pay the
388    cost of constructing or implementing all of the listed projects.
389          (e) Consideration of how the options addressed in
390    paragraphs (a) and (b) serve the public interest or save costs
391    overall by preventing the loss of natural resources or avoiding
392    greater future expenditures for water resource development or
393    water supply development. However, unless adopted by rule, these
394    considerations do not constitute final agency action.
395          (f) The technical data and information applicable to the
396    planning region which are contained in the district water
397    management plan and are necessary to support the regional water
398    supply plan.
399          (g) The minimum flows and levels established for water
400    resources within the planning region.
401          (h) Reservations of water adopted by rule pursuant to s.
402    373.223(4).
403          (i) An analysis, developed in cooperation with the
404    department, of areas or instances in which the variance
405    provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to
406    create water supply development or water resource development
407    projects.
408         
409          Within boundaries of a regional water supply authority, those
410    parts of the water supply development component of the regional
411    water supply plan which deal with or affect public utilities and
412    public water supply shall be developed jointly by such authority
413    and the district for those areas served by the authority and its
414    member governments.
415          (5) By November 15, 1997, and Annually and in conjunction
416    with the reporting requirements of s. 373.536(6)(a)4.
417    thereafter, the department shall submit to the Governor and the
418    Legislature a report on the status of regional water supply
419    planning in each district. The report shall include:
420          (a) A compilation of the estimated costs of and potential
421    sources of funding for water resource development and water
422    supply development projects, as identified in the water
423    management district regional water supply plans.
424          (b) A description of each district's progress toward
425    achieving its water resource development objectives, as directed
426    by s. 373.0831(3), including the district's implementation of
427    its 5-year water resource development work program.
428          (c) An assessment of the overall progress being made to
429    develop water supply that is consistent with regional water
430    supply plans to meet existing and future reasonable-beneficial
431    needs during a 1-in-10-year drought.
432          (6) Nothing contained in the water supply development
433    component of the district water management plan shall be
434    construed to require local governments, government-owned or
435    privately owned water utilities, self-suppliers, or other water
436    suppliers to select a water supply development option identified
437    in the component merely because it is identified in the plan,
438    nor may the plan be used in the review of permits under part II
439    unless the plan, or an applicable portion thereof, has been
440    adopted by rule. However, this subsection does not prohibit a
441    water management district from employing the data or other
442    information used to establish the plan in reviewing permits
443    under part II, nor shall itnotbe construed to limit the
444    authority of the department or governing board under part II.
445          Section 7. Subsection (3) of section 373.0831, Florida
446    Statutes, is amended, and paragraph (c) is added to
447    subsection(4) of said section, to read:
448          373.0831 Water resource development; water supply
449    development.--
450          (3) The water management districts shall fund and
451    implement water resource development as defined in s. 373.019.
452    The water management districts are encouraged to implement water
453    resource development as expeditiously as possible in areas
454    subject to regional water supply plans.Each governing board
455    shall include in its annual budget the amount needed for the
456    fiscal year to implement water resource development projects, as
457    prioritized in its regional water supply plans.
458          (4)
459          (c) If a proposed alternative water supply development
460    project is identified in the relevant approved regional water
461    supply plan, the project shall receive:
462          1. A 20-year consumptive use permit, if it otherwise meets
463    the permit requirements under ss. 373.223 and 373.236 and rules
464    adopted thereunder.
465          2. Priority funding pursuant to s. 373.1961(2) if the
466    project meets one of two criteria in s. 373.0831(4).
467          Section 8. Subsection (2) of section 373.1961, Florida
468    Statutes, is amended to read:
469          373.1961 Water production.--
470          (2) The Legislature finds that, due to a combination of
471    factors, vastly increased demands have been placed on natural
472    supplies of fresh water, and that, absent increased development
473    of alternative water supplies, such demands may increase in the
474    future. The Legislature also finds that potential exists in the
475    state for the production of significant quantities of
476    alternative water supplies, including reclaimed water, and that
477    water production includes the development of alternative water
478    supplies, including reclaimed water, for appropriate uses. It is
479    the intent of the Legislature that utilities develop reclaimed
480    water systems, where reclaimed water is the most appropriate
481    alternative water supply option, to deliver reclaimed water to
482    as many users as possible through the most cost-effective means,
483    and to construct reclaimed water system infrastructure to their
484    owned or operated properties and facilities where they have
485    reclamation capability. It is also the intent of the Legislature
486    that the water management districts which levy ad valorem taxes
487    for water management purposes should share a percentage of those
488    tax revenues with water providers and users, including local
489    governments, water, wastewater, and reuse utilities, municipal,
490    industrial, and agricultural water users, and other public and
491    private water users, to be used to supplement other funding
492    sources in the development of alternative water supplies. The
493    Legislature finds that public moneys or services provided to
494    private entities for such uses constitute public purposes which
495    are in the public interest. In order to further the development
496    and use of alternative water supply systems, including reclaimed
497    water systems, the Legislature provides the following:
498          (a) The governing boards of the water management districts
499    where water resource caution areas have been designated shall
500    include in their annual budgets an amount for the development of
501    alternative water supply systems, including reclaimed water
502    systems, pursuant to the requirements of this subsection.
503    Beginning in 1996, such amounts shall be made available to water
504    providers and users no later than December 31 of each year,
505    through grants, matching grants, revolving loans, or the use of
506    district lands or facilities pursuant to the requirements of
507    this subsection and guidelines established by the districts. In
508    making grants or loans, funding priority shall be given to
509    projects in accordance with s. 373.0831(4). Without diminishing
510    amounts available through other means described in this
511    paragraph, the governing boards are encouraged to consider
512    establishing revolving loan funds to expand the total funds
513    available to accomplish the objectives of this section. A
514    revolving loan fund created pursuant to this paragraph shall be
515    a nonlapsing fund from which the water management district may
516    make loans with interest rates below prevailing market rates to
517    public or private entities for the purposes described in this
518    section. The governing board may adopt resolutions to establish
519    revolving loan funds which shall specify the details of the
520    administration of the fund, the procedures for applying for
521    loans from the fund, the criteria for awarding loans from the
522    fund, the initial capitalization of the fund, and the goals for
523    future capitalization of the fund in subsequent budget years.
524    Revolving loan funds created pursuant to this paragraph shall be
525    used to expand the total sums and sources of cooperative funding
526    available for the development of alternative water supplies. The
527    Legislature does not intend for the creation of revolving loan
528    trust funds to supplant or otherwise reduce existing sources or
529    amounts of funds currently available through other means.
530          (b) It is the intent of the Legislature that for each
531    reclaimed water utility, or any other utility, which receives
532    funds pursuant to this subsection, the appropriate rate-setting
533    authorities should develop rate structures for all water,
534    wastewater, and reclaimed water and other alternative water
535    supply utilities in the service area of the funded utility,
536    which accomplish the following:
537          1. Provide meaningful progress toward the development and
538    implementation of alternative water supply systems, including
539    reclaimed water systems;
540          2. Promote the conservation of fresh water withdrawn from
541    natural systems;
542          3. Provide for an appropriate distribution of costs for
543    all water, wastewater, and alternative water supply utilities,
544    including reclaimed water utilities, among all of the users of
545    those utilities; and
546          4. Prohibit rate discrimination within classes of utility
547    users.
548          (c) Funding assistance provided by the water management
549    districts for a water reuse system project shall include the
550    following grant or loan conditions for that project when the
551    water management district determines such conditions will
552    encourage water use efficiency:
553          1. Metering of reclaimed water use for the following
554    activities: residential irrigation, agricultural irrigation,
555    industrial uses except for electric utilities as defined in s.
556    366.02(2), golf course irrigation, landscape irrigation,
557    irrigation of other public access areas, commercial and
558    institutional uses such as toilet flushing, and transfers to
559    other reclaimed water utilities.
560          2. Implementation of reclaimed water rate structures based
561    on actual use of reclaimed water for the types of reuse
562    activities listed in subparagraph 1.
563          3. Implementation of education programs to inform the
564    public about water issues, water conservation, and the
565    importance and proper use of reclaimed water.
566          4. Development of location data for key reuse facilities.
567          (d)(c)In order to be eligible for funding pursuant to
568    this subsection, a project must be consistent with a local
569    government comprehensive plan and the governing body of the
570    local government must require all appropriate new facilities
571    within the project's service area to connect to and use the
572    project's alternative water supplies. The appropriate local
573    government must provide written notification to the appropriate
574    district that the proposed project is consistent with the local
575    government comprehensive plan.
576          (e)(d)Any and all revenues disbursed pursuant to this
577    subsection shall be applied only for the payment of capital or
578    infrastructure costs for the construction of alternative water
579    supply systems that provide alternative water supplies.
580          (f)(e)By January 1 of each year, the governing boards
581    shall make available written guidelines for the disbursal of
582    revenues pursuant to this subsection. Such guidelines shall
583    include at minimum:
584          1. An application process and a deadline for filing
585    applications annually.
586          2. A process for determining project eligibility pursuant
587    to the requirements of paragraphs (d)(c) and (e)(d).
588          3. A process and criteria for funding projects pursuant to
589    this subsection that cross district boundaries or that serve
590    more than one district.
591          (g)(f)The governing board of each water management
592    district shall establish an alternative water supplies grants
593    advisory committee to recommend to the governing board projects
594    for funding pursuant to this subsection. The advisory committee
595    members shall include, but not be limited to, one or more
596    representatives of county, municipal, and investor-owned private
597    utilities, and may include, but not be limited to,
598    representatives of agricultural interests and environmental
599    interests. Each committee member shall represent his or her
600    interest group as a whole and shall not represent any specific
601    entity. The committee shall apply the guidelines and project
602    eligibility criteria established by the governing board in
603    reviewing proposed projects. After one or more hearings to
604    solicit public input on eligible projects, the committee shall
605    rank the eligible projects and shall submit them to the
606    governing board for final funding approval. The advisory
607    committee may submit to the governing board more projects than
608    the available grant money would fund.
609          (h)(g)All revenues made available annually pursuant to
610    this subsection must be encumbered annually by the governing
611    board if it approves projects sufficient to expend the available
612    revenues. Funds must be disbursed within 36 months after
613    encumbrance.
614          (i)(h)For purposes of this subsection, alternative water
615    supplies are supplies of water that have been reclaimed after
616    one or more public supply, municipal, industrial, commercial, or
617    agricultural uses, or are supplies of stormwater, or brackish or
618    salt water, that have been treated in accordance with applicable
619    rules and standards sufficient to supply the intended use.
620          (j)(i)This subsection shall not be subject to the
621    rulemaking requirements of chapter 120.
622          (k)(j)By January 30 of each year, each water management
623    district shall submit an annual report to the Governor, the
624    President of the Senate, and the Speaker of the House of
625    Representatives which accounts for the disbursal of all budgeted
626    amounts pursuant to this subsection. Such report shall describe
627    all projects funded and shall account separately for moneys
628    provided through grants, matching grants, revolving loans, and
629    the use of district lands or facilities.
630          (l)(k)The Florida Public Service Commission shall allow
631    entities under its jurisdiction constructing alternative water
632    supply facilities, including but not limited to aquifer storage
633    and recovery wells, to recover the full, prudently incurred cost
634    of such facilities through their rate structure. Every component
635    of an alternative water supply facility constructed by an
636    investor-owned utility shall be recovered in current rates.
637          Section 9. Subsection (9) is added to section 373.1963,
638    Florida Statutes, to read:
639          373.1963 Assistance to West Coast Regional Water Supply
640    Authority.--
641          (9) It is the intent of the Legislature that wetland areas
642    in northeastern Hillsborough County which have not yet been
643    adversely impacted by groundwater withdrawals for consumptive
644    use not be subject to groundwater withdrawals by the development
645    of wellfields by the authority. In order to protect the
646    wetlands in this area, the authority is hereby prohibited from
647    seeking permits from the Southwest Florida Water Management
648    District for the consumptive use of water from groundwater in
649    northeastern Hillsborough County north of Knights Griffin Road
650    and east of State Road 39.
651          Section 10. Subsection (5) is added to section 373.223,
652    Florida Statutes, to read:
653          373.223 Conditions for a permit.--
654          (5) The Legislature finds that the issuance of consumptive
655    use permits has a direct relation to efficient and effective
656    water resource development. The Legislature further finds that
657    the management of consumptive use permits has a direct relation
658    to efficient and effective water supply development. To help
659    identify the changes necessary to better utilize these permits,
660    the Legislature directs that the Department of Environmental
661    Protection and each water management district submit
662    recommendations to the appropriate substantive committees of
663    each house of the Legislature by December 1, 2003. The
664    recommendations shall identify alternative methods of extending
665    the use of existing water resources, including, but not limited
666    to, the potential rights of existing permitholders to share
667    water allocated under a consumptive use permit. The department
668    and the districts are encouraged to use public hearings to
669    gather information and shall include information provided by
670    basin boards and regional water supply authorities.
671          Section 11. Section 373.2234, Florida Statutes, is created
672    to read:
673          373.2234 Preferred water supply sources.--The governing
674    board of the district is authorized to adopt rules identifying
675    preferred water supply sources for which there is sufficient
676    data to establish that the source can be used to provide a
677    substantial new water supply to meet existing and reasonably
678    anticipated water needs in a water supply planning region
679    identified pursuant to s. 373.0361(1) while sustaining the water
680    resources and related natural systems. Such rules shall, at a
681    minimum, contain a description of the source and an assessment
682    of the water the source is projected to produce. If a
683    consumptive use permit applicant proposes to use such a source
684    consistent with the assessment, the proposed use shall be
685    subject to the provisions of s. 373.223(1), but such proposed
686    use shall be a factor deemed to be consistent with the public
687    interest pursuant to s. 373.223(1)(c). A consumptive use permit
688    issued approving the use of such a source shall be for at least
689    20 years and may be subject to the provisions of s. 373.226(3).
690    However, nothing in this section shall be construed to provide
691    that the use of nonpreferred sources must receive a permit
692    duration of less than 20 years or that such nonpreferred sources
693    are not consistent with the public interest.
694          Section 12. Paragraph (c) is added to subsection (2) of
695    section 373.250, Florida Statutes, to read:
696          373.250 Reuse of reclaimed water.--
697          (2)
698          (c) A water management district may require the use of
699    reclaimed water in lieu of surface water or groundwater when the
700    use of uncommitted reclaimed water is environmentally,
701    economically, and technically feasible. However, while
702    recognizing that the state’s surface water and groundwater are
703    public resources, nothing in this paragraph shall be construed
704    to give a water management district the authority to require a
705    provider of reclaimed water to redirect reclaimed water from one
706    user to another or to provide uncommitted water to a specific
707    user if such water is anticipated to be used by the provider, or
708    a different user selected by the provider, within a reasonable
709    amount of time.
710          Section 13. Paragraph (a) of subsection (6) of section
711    373.536, Florida Statutes, is amended to read:
712          373.536 District budget and hearing thereon.--
713          (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
714    WATER RESOURCE DEVELOPMENT WORK PROGRAM.--
715          (a) Each district must, by the date specified for each
716    item, furnish copies of the following documents to the Governor,
717    the President of the Senate, the Speaker of the House of
718    Representatives, the chairs of all legislative committees and
719    subcommittees having substantive or fiscal jurisdiction over the
720    districts, as determined by the President of the Senate or the
721    Speaker of the House of Representatives as applicable, the
722    secretary of the department, and the governing board of each
723    county in which the district has jurisdiction or derives any
724    funds for the operations of the district:
725          1. The adopted budget, to be furnished within 10 days
726    after its adoption.
727          2. A financial audit of its accounts and records, to be
728    furnished within 10 days after its acceptance by the governing
729    board. The audit must be conducted in accordance with the
730    provisions of s. 11.45 and the rules adopted thereunder. In
731    addition to the entities named above, the district must provide
732    a copy of the audit to the Auditor General within 10 days after
733    its acceptance by the governing board.
734          3. A 5-year capital improvements plan, to be furnished
735    within 45 days after the adoption of the final budget. The plan
736    must include expected sources of revenue for planned
737    improvements and must be prepared in a manner comparable to the
738    fixed capital outlay format set forth in s. 216.043.
739          4. A 5-year water resource development work program to be
740    furnished within 45 days after the adoption of the final budget.
741    The program must describe the district's implementation strategy
742    for the water resource development component of each approved
743    regional water supply plan developed or revised under s.
744    373.0361. The work program must address all the elements of the
745    water resource development component in the district's approved
746    regional water supply plans and must identify which projects in
747    the work program will provide water, explain how each water
748    resource development project will produce additional water
749    available for consumptive uses, estimate the quantity of water
750    to be produced by each project, and provide an assessment of the
751    contribution of the district’s regional water supply plans in
752    providing sufficient water to meet the water supply needs of
753    existing and future reasonable-beneficial uses for a 1-in-10-
754    year drought event. Within 45 days after its submittal, the
755    department shall review the proposed work program and submit its
756    findings, questions, and comments to the district. The review
757    must include a written evaluation of the program's consistency
758    with the furtherance of the district's approved regional water
759    supply plans, and the adequacy of proposed expenditures. As part
760    of the review, the department shall give interested parties the
761    opportunity to provide written comments on each district's
762    proposed work program. Within 60 days after receipt of the
763    department's evaluation, the governing board shall state in
764    writing to the department which changes recommended in the
765    evaluation it will incorporate into its work program or specify
766    the reasons for not incorporating the changes. The department
767    shall include the district's responses in a final evaluation
768    report and shall submit a copy of the report to the Governor,
769    the President of the Senate, and the Speaker of the House of
770    Representatives.
771          (b) If any entity listed in paragraph (a) provides written
772    comments to the district regarding any document furnished under
773    this subsection, the district must respond to the comments in
774    writing and furnish copies of the comments and written responses
775    to the other entities.
776          Section 14. Landscape irrigation design.--
777          (1) The Legislature finds that multiple areas throughout
778    the state have been identified by water management districts as
779    water resource caution areas, which indicates that in the near
780    future water demand in those areas will exceed the current
781    available water supply and that conservation is one of the
782    mechanisms by which future water demand will be met.
783          (2) The Legislature finds that landscape irrigation
784    comprises a significant portion of water use and that the
785    current typical landscape irrigation system and xeriscape
786    designs offer significant potential water conservation benefits.
787          (3) It is the intent of the Legislature to improve
788    landscape irrigation water use efficiency by ensuring landscape
789    irrigation systems meet or exceed minimum design criteria.
790          (4) The water management districts shall develop and adopt
791    by rule landscape irrigation and xeriscape design standards for
792    new construction that incorporate a landscape irrigation system.
793    The standards shall be based on the irrigation code defined in
794    the Florida Building Code, Plumber’s Volume, Appendix F. Such
795    design standards should promote the effective and efficient use
796    of irrigation water and include a consideration of local
797    demographic, hydrologic, and other considerations as they apply
798    to landscape irrigation water use. When adopting an ordinance or
799    regulation, local governments shall use these approved
800    irrigation design standards.
801          (5) The water management districts shall work with the
802    Florida Chapter of the American Society of Landscape Architects,
803    the Florida Irrigation Society, the Florida Nurserymen and
804    Growers Association, the Department of Agriculture and Consumer
805    Services, the Institute of Food and Agricultural Sciences, the
806    Department of Environmental Protection, the Florida League of
807    Cities, and the Florida Association of Counties to develop
808    scientifically-based model guidelines for urban, commercial, and
809    residential landscape irrigation, including drip irrigation, for
810    plants, trees, sod, and other landscaping. Local governments
811    shall use the scientific information when developing landscape
812    irrigation ordinances or guidelines. Every 3 years, the
813    agencies and entities specified in this subsection shall review
814    the model guidelines to determine whether new research findings
815    require a change or modification of the guidelines.
816          Section 15. Paragraph (g) is added to subsection (1) of
817    section 378.212, Florida Statutes, to read:
818          378.212 Variances.--
819          (1) Upon application, the secretary may grant a variance
820    from the provisions of this part or the rules adopted pursuant
821    thereto. Variances and renewals thereof may be granted for any
822    one of the following reasons:
823          (g) To accommodate reclamation that provides water supply
824    development or water resource development not inconsistent with
825    the applicable regional water supply plan approved pursuant to
826    s. 373.0361, provided adverse impacts are not caused to the
827    water resources in the basin. A variance may also be granted
828    from the requirements of part IV of chapter 373, or the rules
829    adopted thereunder, when a project provides an improvement in
830    water availability in the basin and does not cause adverse
831    impacts to water resources in the basin.
832          Section 16. Subsection (9) is added to section 378.404,
833    Florida Statutes, to read:
834          378.404 Department of Environmental Protection; powers and
835    duties.--The department shall have the following powers and
836    duties:
837          (9) To grant variances from the provisions of this part to
838    accommodate reclamation that provides for water supply
839    development or water resource development not inconsistent with
840    the applicable regional water supply plan approved pursuant to
841    s. 373.0361, appropriate stormwater management, improved
842    wildlife habitat, recreation, or a mixture thereof, provided
843    adverse impacts are not caused to the water resources in the
844    basin and public health and safety are not adversely affected.
845          Section 17. Subsections (1) and (6) of section 403.064,
846    Florida Statutes, are amended, and subsection (16) is added to
847    said section, to read:
848          403.064 Reuse of reclaimed water.--
849          (1) The encouragement and promotion of water conservation,
850    and reuse of reclaimed water, as defined by the department, are
851    state objectives and are considered to be in the public
852    interest. The Legislature finds that the reuse of reclaimed
853    water is a critical component of meeting the state's existing
854    and future water supply needs while sustaining natural systems.
855    The Legislature further finds that for those wastewater
856    treatment plants permitted and operated under an approved reuse
857    program by the department, the reclaimed water shall be
858    considered environmentally acceptable and not a threat to public
859    health and safety. The Legislature encourages the development of
860    incentive-based programs for reuse implementation.
861          (6) A reuse feasibility study prepared under subsection(2)
862    satisfies a water management district requirement to conduct a
863    reuse feasibility study imposed on a local government or utility
864    that has responsibility for wastewater management. The data
865    included in the study and the study’s conclusions shall be given
866    significant consideration by the applicant and the appropriate
867    water management district in an analysis of the economic,
868    environmental, and technical feasibility of providing reclaimed
869    water for reuse under part II of chapter 373, and shall be
870    presumed relevant to the determination of feasibility. A water
871    management district shall not require a separate study when a
872    reuse feasibility study has been completed under subsection (2).
873          (16) Utilities implementing reuse projects are encouraged,
874    except in the case of use by electric utilities as defined in s.
875    366.02(2), to meter use of reclaimed water by all end users and,
876    to charge for the use of reclaimed water based on the actual
877    volume used when such metering and charges can be shown to
878    encourage water conservation. Metering and the use of volume-
879    based rates are effective water management tools for the
880    following reuse activities: residential irrigation, agricultural
881    irrigation, industrial uses, golf course irrigation, landscape
882    irrigation, irrigation of other public access areas, commercial
883    and institutional uses such as toilet flushing, and transfers to
884    other reclaimed water utilities. Beginning with the submittal
885    due on January 1, 2004, each domestic wastewater utility that
886    provides reclaimed water for the reuse activities listed in this
887    section shall include a summary of its metering and rate
888    structure as part of its annual reuse report to the department.
889          Section 18. Paragraph (b) of subsection (3) of section
890    403.1835, Florida Statutes, is amended, and subsection (12) is
891    added to said section, to read:
892          403.1835 Water pollution control financial assistance.--
893          (3) The department may provide financial assistance
894    through any program authorized under s. 603 of the Federal Water
895    Pollution Control Act (Clean Water Act), Pub. L. No. 92-500, as
896    amended, including, but not limited to, making grants and loans,
897    providing loan guarantees, purchasing loan insurance or other
898    credit enhancements, and buying or refinancing local debt. This
899    financial assistance must be administered in accordance with
900    this section and applicable federal authorities. The department
901    shall administer all programs operated from funds secured
902    through the activities of the Florida Water Pollution Control
903    Financing Corporation under s. 403.1837, to fulfill the purposes
904    of this section.
905          (b) The department may make or request the corporation to
906    make loans, grants, and deposits to other entities eligible to
907    participate in the financial assistance programs authorized
908    under the Federal Water Pollution Control Act, or as a result of
909    other federal action, which entities may pledge any revenue
910    available to them to repay any funds borrowed. Notwithstanding
911    s. 18.10, the department may make deposits to financial
912    institutions that earn less than the prevailing rate for United
913    States Treasury securities with corresponding maturities for the
914    purpose of enabling such financial institutions to make below-
915    market interest rate loans to entities qualified to receive
916    loans under this section and the rules of the department.
917          (12)(a) It is the intent of the Legislature that for each
918    reclaimed water utility or any other utility that receives funds
919    pursuant to this subsection, the appropriate rate-setting
920    authorities should develop rate structures for all water,
921    wastewater, and reclaimed water and other alternative water
922    supply utilities in the service area of the funded utility which
923    accomplish the following:
924          1. Provide meaningful progress toward the development and
925    implementation of alternative water supply systems, including
926    reclaimed water systems.
927          2. Promote the conservation of fresh water withdrawn from
928    natural systems.
929          3. Provide for an appropriate distribution of costs for
930    all water, wastewater, and alternative water supply utilities,
931    including reclaimed water utilities, among all of the users of
932    those utilities.
933          (b) Funding assistance provided for a water reuse system
934    project shall include the following loan conditions for that
935    project where such conditions will encourage water use
936    efficiency:
937          1. Metering of reclaimed water use for the following
938    activities: residential irrigation, agricultural irrigation,
939    industrial uses except for electric utilities as defined in s.
940    366.02(2), golf course irrigation, landscape irrigation,
941    irrigation of other public access areas, and commercial uses.
942          2. Implementation of reclaimed water rate structures based
943    on actual use of reclaimed water for the reuse types listed in
944    subparagraph 1.
945          3. Implementation of education programs to inform the
946    public about water issues, water conservation, and the
947    importance and proper use of reclaimed water.
948          Section 19. The Legislature finds that, within the area
949    identified in the Lower East Coast Regional Water Supply Plan
950    approved by the South Florida Water Management District pursuant
951    to s. 373.0361, Florida Statutes, the groundwater levels can
952    benefit from augmentation. The Legislature finds that the direct
953    or indirect discharge of reclaimed water into canals and the
954    aquifer system for transport and subsequent reuse may provide an
955    environmentally acceptable means to augment water supplies and
956    enhance natural systems; however, the Legislature also
957    recognizes that there are water quality and water quantity
958    issues that must be better understood and resolved. In addition,
959    there are cost savings possible by collocating enclosed conduits
960    for conveyance of water for reuse in this area within canal
961    rights-of-way that should be investigated. Toward that end, the
962    Department of Environmental Protection, in consultation with the
963    South Florida Water Management District, Southeast Florida
964    utilities, affected local governments, including local
965    governments with principal responsibility for the operation and
966    maintenance of a water control system capable of conveying
967    reclaimed wastewater for reuse, representatives of the
968    environmental and engineering communities, public health
969    professionals, and individuals having expertise in water
970    quality, shall conduct a study to investigate the feasibility of
971    discharging reclaimed wastewater into canals and the aquifer
972    system as an environmentally acceptable means of augmenting
973    groundwater supplies, enhancing natural systems, and conveying
974    reuse water within enclosed conduits within the canal right-of-
975    way. The study shall include an assessment of the water quality,
976    water supply, public health, technical, and legal implications
977    related to the canal discharge and collocation concepts. The
978    department shall issue a preliminary written report containing
979    draft findings and recommendations for public comment by
980    November 1, 2003. The department shall provide a written report
981    on the results of its study to the Governor and the relevant
982    substantive committees of the House of Representatives and the
983    Senate by January 31, 2004. Nothing in this section shall be
984    used to alter the purpose of the Comprehensive Everglades
985    Restoration Plan or the implementation of the Water Resources
986    Development Act of 2000.
987          Section 20. If any provision of this act or the
988    application thereof to any person or circumstance is held
989    invalid, the invalidity does not affect other provisions or
990    applications of this act which can be given effect without the
991    invalid provision or application, and to this end the provisions
992    of this act are declared severable.
993          Section 21. Private property rights and regional
994    reservoirs.--
995          (1) The Legislature finds that construction of a regional
996    reservoir designed to store more than 10 billion gallons of
997    water may inordinately burden nearby real property because of
998    the proximity of the reservoir and may result in a loss of value
999    for the property owner. Therefore, a regional water supply
1000    authority, serving three or fewer counties, that is authorized
1001    to construct, operate, and maintain such a regional reservoir
1002    shall be deemed a governmental entity under section 70.001,
1003    Florida Statutes, the Bert J. Harris, Jr., Private Property
1004    Rights Protection Act, for purposes of this section.
1005          (2) This section provides a cause of action for the
1006    actions of a regional water supply authority, in siting and
1007    constructing a reservoir as described in subsection (1), that
1008    may not rise to the level of a taking under the State
1009    Constitution or the United States Constitution. This section may
1010    not necessarily be construed under the case law regarding
1011    takings if the action of a regional water supply authority does
1012    not rise to the level of a taking. The provisions of this
1013    section are cumulative and do not abrogate any other remedy
1014    lawfully available, including any remedy lawfully available for
1015    the actions of a regional water supply authority that rise to
1016    the level of a taking. However, a regional water supply
1017    authority may not be liable more than once for compensation due
1018    to an action of the regional water supply authority that results
1019    in a loss of value for a subject real property.
1020          (3) Each owner of real property located within 10,000 feet
1021    of the center of the footprint of a regional reservoir, as
1022    described in subsection (1), or 5,500 feet from the exterior of
1023    the berm of such reservoir, may present a claim for compensation
1024    in writing to the head of the regional water supply authority on
1025    or before December 31, 2004, for a loss in property value
1026    resulting from the proximity of the reservoir. For each claim
1027    presented under this section, section 70.001, Florida Statutes,
1028    applies, except when there is conflict with this section, the
1029    provisions of this section shall govern.
1030          (a) The property owner must submit along with the claim a
1031    bona fide, valid appraisal that supports the claim and
1032    demonstrates the loss in fair market value to the real property.
1033          (b) A claim under this section shall be presented only to
1034    the regional water supply authority that is authorized to
1035    construct, operate, and maintain the reservoir.
1036          (4) The Legislature recognizes that construction and
1037    maintenance of a regional reservoir may not necessarily
1038    interfere with allowable uses of real property near the
1039    reservoir. However, the siting and construction of the reservoir
1040    may result in an actual loss to the fair market value of real
1041    property located within 10,000 feet of the center of the
1042    footprint of the reservoir, or 5,500 feet from the exterior of
1043    the berm, because of the proximity of the reservoir. Therefore,
1044    any offer of compensation by the regional water supply authority
1045    shall be based solely on the loss of value for the property
1046    owner as a result of the proximity of the reservoir and not on
1047    the effects the reservoir has on existing uses or on a vested
1048    right to a specific use of real property.
1049          (a) Notwithstanding section 70.001, Florida Statutes, the
1050    regional water supply authority to whom a claim is presented
1051    shall, not later than 180 days after receiving such claim:
1052          1. Make a written offer to purchase the real property if
1053    there is more than a 50-percent loss in value to the real
1054    property as a result of the proximity of the reservoir and if
1055    the property owner is a willing seller;
1056          2. Make a written offer to purchase an interest in rights
1057    of use which may become transferable development rights to be
1058    held, sold, or otherwise disposed of by the regional water
1059    supply authority; or
1060          3. Terminate negotiations.
1061          (b) An offer by the regional water supply authority to
1062    purchase the property in fee or purchase an interest in rights
1063    of use under this section shall cover the cost of the appraisal
1064    required in subsection(3).
1065          (5) During the 180-day period, unless the property owner
1066    accepts a written offer for purchase pursuant to subparagraph
1067    (4)(a)1. or 2., the regional water supply authority shall issue
1068    a final decision stating that:
1069          (a) The real property has a loss in value due to an
1070    inordinate burden on the property resulting from the proximity
1071    of the reservoir and the regional water supply authority and
1072    property owner cannot reach agreement on the amount of
1073    compensation; or
1074          (b) The property owner has failed to establish a basis for
1075    relief under the provisions of this section and section 70.001,
1076    Florida Statutes.
1077         
1078          Failure of the regional water supply authority to issue a final
1079    decision as required by this subsection shall cause the written
1080    offer or termination of negotiations required in subsection (4)
1081    to operate as a final decision. As a matter of law, this final
1082    decision constitutes the last prerequisite to judicial review of
1083    the merits for the purposes of the judicial proceeding provided
1084    for in section 70.001, Florida Statutes.
1085          (6) The circuit court, for purposes of this section, shall
1086    determine whether, considering the written offer and final
1087    decision, the regional water supply authority has inordinately
1088    burdened the subject real property. Following a determination
1089    that the regional water supply authority has inordinately
1090    burdened the real property, the court shall impanel a jury to
1091    determine the total amount of compensation to the property owner
1092    for the loss in value due to the inordinate burden to the
1093    subject real property.
1094          (7) Pursuant to section 70.001, Florida Statutes, the
1095    court may award reasonable costs and attorney's fees and the
1096    court shall determine the amount. If the court awards the
1097    property owner reasonable costs and attorney's fees, the costs
1098    shall include the cost of the appraisal required in subsection
1099    (3).
1100          (8) This section shall take effect July 1, 2003, and is
1101    repealed effective January 1, 2005. However, the repeal of this
1102    section shall not affect a claim filed on or before December 31,
1103    2004.
1104          Section 22. If any law amended by this act was also
1105    amended by a law enacted at the 2003 Regular Session of the
1106    Legislature, such laws shall be construed as if they had been
1107    enacted at the same session of the Legislature, and full effect
1108    shall be given to each if possible.
1109          Section 23. Except as otherwise provided herein, this act
1110    shall take effect upon becoming a law and shall apply to all
1111    contracts pending on that date.