Senate Bill sb1104c1
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                           CS for SB 1104
    By the Committee on Natural Resources; and Senator Dockery
    312-2183-04
  1                      A bill to be entitled
  2         An act relating to water resources; amending s.
  3         163.3167, F.S.; requiring local governments to
  4         include projected water use in comprehensive
  5         plans; amending s. 163.3177, F.S.; requiring
  6         local governments to consider regional water
  7         supply plans in their work plans for building
  8         water supply facilities; amending s. 373.116,
  9         F.S.; providing for notice by electronic mail;
10         providing requirements for notices published
11         electronically; creating s. 373.2234, F.S.;
12         authorizing the governing board of a water
13         management district to adopt rules identifying
14         certain preferred water supply sources;
15         providing requirements with respect to such
16         rules; providing construction; amending s.
17         373.250, F.S.; authorizing water management
18         districts to require the use of reclaimed water
19         in lieu of surface or groundwater when the use
20         of uncommitted reclaimed water is
21         environmentally, economically, and technically
22         feasible; providing construction with respect
23         to such authority; providing legislative
24         findings and intent with regard to landscape
25         irrigation design; requiring water management
26         districts to develop landscape irrigation and
27         xeriscape design standards; providing an
28         effective date.
29  
30  Be It Enacted by the Legislature of the State of Florida:
31  
                                  1
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                           CS for SB 1104
    312-2183-04
 1         Section 1.  Subsection (13) is added to section
 2  163.3167, Florida Statutes, to read:
 3         163.3167  Scope of act.--
 4         (13)  Each local government shall address in its
 5  comprehensive plan, as enumerated in this chapter, the water
 6  supply projects necessary to meet and achieve the existing and
 7  projected water use demand for the established planning
 8  period, considering the applicable plan developed pursuant to
 9  s. 373.0361.
10         Section 2.  Paragraph (c) of subsection (6) of section
11  163.3177, Florida Statutes, is amended to read:
12         163.3177  Required and optional elements of
13  comprehensive plan; studies and surveys.--
14         (6)  In addition to the requirements of subsections
15  (1)-(5), the comprehensive plan shall include the following
16  elements:
17         (c)  A general sanitary sewer, solid waste, drainage,
18  potable water, and natural groundwater aquifer recharge
19  element correlated to principles and guidelines for future
20  land use, indicating ways to provide for future potable water,
21  drainage, sanitary sewer, solid waste, and aquifer recharge
22  protection requirements for the area.  The element may be a
23  detailed engineering plan including a topographic map
24  depicting areas of prime groundwater recharge. The element
25  shall describe the problems and needs and the general
26  facilities that will be required for solution of the problems
27  and needs.  The element shall also include a topographic map
28  depicting any areas adopted by a regional water management
29  district as prime groundwater recharge areas for the Floridan
30  or Biscayne aquifers, pursuant to s. 373.0395.  These areas
31  shall be given special consideration when the local government
                                  2
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                           CS for SB 1104
    312-2183-04
 1  is engaged in zoning or considering future land use for said
 2  designated areas.  For areas served by septic tanks, soil
 3  surveys shall be provided which indicate the suitability of
 4  soils for septic tanks. By December 1, 2006 January 1, 2005,
 5  or the Evaluation and Appraisal Report adoption deadline
 6  established for the local government pursuant to s.
 7  163.3191(1) s. 163.3191(a), whichever date occurs first, the
 8  element must consider the appropriate water management
 9  district's regional water supply plan approved pursuant to s.
10  373.0361. The element must include a work plan, covering at
11  least a 10-year planning period, for building water supply
12  facilities that are identified in the element as necessary to
13  serve existing and new development and for which the local
14  government is responsible. The work plan shall be updated, at
15  a minimum, every 5 years within 12 months after the governing
16  board of a water management district adopts an updated
17  regional water supply plan.
18         Section 3.  Subsection (2) of section 373.116, Florida
19  Statutes, is amended, and subsection (4) is added to that
20  section, to read:
21         373.116  Procedure for water use and impoundment
22  construction permit applications.--
23         (2)  Upon receipt of an application for a permit of the
24  type referred to in subsection (1), the governing board shall
25  cause a notice thereof to be published in a newspaper having
26  general circulation within the affected area or on the
27  official Internet website of the water management district. A
28  notice published on the website shall clearly state the date
29  the notice was first posted. In addition, the governing board
30  shall send, by regular or electronic mail, a copy of such
31  notice to any person who has filed a written request for
                                  3
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                           CS for SB 1104
    312-2183-04
 1  notification of any pending applications affecting this
 2  particular designated area. At the option of the applicable
 3  county or city government, notice of application for the
 4  consumptive use of water shall be mailed by regular or
 5  electronic mail to the county and appropriate city government
 6  from which boundaries the withdrawal is proposed to be made.
 7         (4)  The governing board may provide constructive
 8  notice of intended agency action on a permit application by
 9  publication in a newspaper of general circulation within the
10  affected area or by publication on the official Internet
11  website of the water management district. A notice published
12  on the website shall clearly state the date the notice was
13  first posted. For permit applicants and for persons who have
14  requested actual notice of intended agency action for that
15  specific permit application, such notice shall be mailed by
16  regular or electronic mail.
17         Section 4.  Section 373.2234, Florida Statutes, is
18  created to read:
19         373.2234  Preferred water supply sources.--The
20  governing board of a water management district is authorized
21  to adopt rules that identify preferred water supply sources
22  for consumptive uses for which there is sufficient data to
23  establish that a preferred source will provide a substantial
24  new water supply to meet the existing and projected
25  reasonable-beneficial uses of a water supply planning region
26  identified pursuant to s. 373.0361(1), while sustaining
27  existing water resources and natural systems. At a minimum,
28  such rules must contain a description of the preferred water
29  supply source and an assessment of the water the preferred
30  source is projected to produce. If an applicant proposes to
31  use a preferred water supply source, that applicant's proposed
                                  4
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                           CS for SB 1104
    312-2183-04
 1  water use is subject to s. 373.223(1), except that the use of
 2  a preferred water supply source shall be deemed a factor
 3  consistent with the public interest pursuant to s.
 4  373.223(1)(c). A consumptive use permit issued for the use of
 5  a preferred water supply source must be granted for at least a
 6  20-year period and may be subject to the compliance reporting
 7  provisions of s. 373.236(3). Nothing in this section shall be
 8  construed to exempt the use of preferred water supply sources
 9  from the provisions of ss. 373.016(4) and 373.223(2) and (3),
10  or be construed to provide that permits issued for the use of
11  a nonpreferred water supply source must be issued for a
12  duration of less than 20 years or that the use of a
13  nonpreferred water supply source is not consistent with the
14  public interest. Additionally, nothing in this section shall
15  be interpreted to require the use of a preferred water supply
16  source or to restrict or prohibit the use of a nonpreferred
17  water supply source.  Rules adopted by the governing board of
18  a water management district to implement this section shall
19  specify that the use of a preferred water supply source is not
20  required, and that the use of a nonpreferred water supply
21  source is not restricted or prohibited.
22         Section 5.  Paragraph (c) is added to subsection (2) of
23  section 373.250, Florida Statutes, to read:
24         373.250  Reuse of reclaimed water.--
25         (2)
26         (c)  A water management district may require the use of
27  reclaimed water in lieu of surface water or groundwater when
28  the use of uncommitted reclaimed water is environmentally,
29  economically, and technically feasible and of such quality and
30  reliability as is necessary to the user. However, this
31  paragraph does not authorize a water management district to
                                  5
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                           CS for SB 1104
    312-2183-04
 1  require a provider of reclaimed water to redirect reclaimed
 2  water from one user to another or to provide uncommitted water
 3  to a specific user if such water is anticipated to be used by
 4  the provider, or a different user selected by the provider,
 5  within a reasonable amount of time.
 6         Section 6.  Landscape irrigation design.--
 7         (1)  The Legislature finds that multiple areas
 8  throughout the state have been identified by water management
 9  districts as water resource caution areas, which indicates
10  that in the near future water demand in those areas will
11  exceed the current available water supply and that
12  conservation is one of the mechanisms by which future water
13  demand will be met.
14         (2)  The Legislature finds that landscape irrigation
15  comprises a significant portion of water use and that the
16  current typical landscape irrigation system and xeriscape
17  designs offer significant potential water conservation
18  benefits.
19         (3)  It is the intent of the Legislature to improve
20  landscape irrigation water use efficiency by ensuring that
21  landscape irrigation systems meet or exceed minimum design
22  criteria.
23         (4)  The water management districts shall develop and
24  adopt by rule landscape irrigation and xeriscape design
25  standards for new construction which incorporate a landscape
26  irrigation system. The standards must be based on the
27  irrigation code defined in the Florida Building Code,
28  Plumber's Volume, Appendix F. Such design standards should
29  promote the effective and efficient use of irrigation water
30  and include a consideration of local demographic, hydrologic,
31  and other considerations as they apply to landscape irrigation
                                  6
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                           CS for SB 1104
    312-2183-04
 1  water use. When adopting an ordinance or regulation, local
 2  governments shall use these approved irrigation design
 3  standards.
 4         (5)  The water management districts shall work with the
 5  Florida Chapter of the American Society of Landscape
 6  Architects, the Florida Irrigation Society, the Florida
 7  Nurserymen and Growers Association, the Department of
 8  Agriculture and Consumer Services, the Institute of Food and
 9  Agricultural Sciences, the Department of Environmental
10  Protection, the Department of Transportation, the Florida
11  League of Cities, and the Florida Association of Counties to
12  develop scientifically based model guidelines for urban,
13  commercial, and residential landscape irrigation, including
14  drip irrigation, for plants, trees, sod, and other
15  landscaping. Local governments shall use the scientific
16  information when developing landscape irrigation ordinances or
17  guidelines. Every 3 years, the  agencies and entities
18  specified in this subsection shall review the model guidelines
19  to determine whether new research findings require a change or
20  modification of the guidelines.
21         Section 7.  This act shall take effect upon becoming a
22  law.
23  
24  
25  
26  
27  
28  
29  
30  
31  
                                  7
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                           CS for SB 1104
    312-2183-04
 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1104
 3                                 
 4  The committee substitute retains original provisions of the
    bill relating to water supply projects addressed in local
 5  comprehensive plans and amends the date by which certain local
    comprehensive plan elements must consider a regional water
 6  supply plan.  The committee substitute clarifies original
    provisions of the bill relating to preferred water supply
 7  sources and provides that the use of a preferred water source
    must be consistent with current provisions of law providing
 8  for the conditions of a consumptive use permit. The committee
    substitute further provides that the use of a preferred water
 9  source must comply with state laws governing the use of water
    from local sources first.  Original provisions relating to the
10  reuse of reclaimed water and landscape irrigation design are
    retained. The committee substitute provides the water
11  management districts with the authority to electronically post
    consumptive use permit applications on their official
12  websites.  At the option of a local government, the water
    management district may also provide electronic notice of
13  consumptive use permit applications.  Finally, the committee
    substitute provides that the water management districts can
14  electronically provide constructive notice of intended agency
    action.
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
                                  8
CODING: Words stricken are deletions; words underlined are additions.