HB 0065A 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.