Senate Bill sb1104c3
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    Florida Senate - 2004             CS for CS for CS for SB 1104
    By the Committees on Appropriations; Comprehensive Planning;
    Natural Resources; and Senator Dockery
    309-2526-04
  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         address water supply sources necessary to meet
  5         projected water use demand included in
  6         comprehensive plans; amending s. 163.3177,
  7         F.S.; requiring local governments to update
  8         work plans for building water supply facilities
  9         to incorporate revised regional water supply
10         plans; providing that amendments to a
11         comprehensive plan to incorporate updated work
12         plans are not included in the limitation on the
13         frequency of adoption of amendments to a
14         comprehensive plan; amending s. 373.116, F.S.;
15         providing that local governments may receive
16         electronic notices of applications for
17         consumptive use permits; creating s. 373.2234,
18         F.S.; authorizing the governing board of a
19         water management district to adopt rules
20         identifying certain preferred water supply
21         sources; providing requirements with respect to
22         such rules; providing construction; amending s.
23         373.250, F.S.; authorizing water management
24         districts to require the use of reclaimed water
25         in lieu of surface or groundwater when the use
26         of uncommitted reclaimed water is
27         environmentally, economically, and technically
28         feasible; providing construction with respect
29         to such authority; providing legislative
30         findings and intent with regard to landscape
31         irrigation design; requiring water management
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    Florida Senate - 2004             CS for CS for CS for SB 1104
    309-2526-04
 1         districts to develop landscape irrigation and
 2         xeriscape design standards; providing an
 3         effective date.
 4  
 5  Be It Enacted by the Legislature of the State of Florida:
 6  
 7         Section 1.  Subsection (13) is added to section
 8  163.3167, Florida Statutes, to read:
 9         163.3167  Scope of act.--
10         (13)  Each local government shall address in its
11  comprehensive plan, as enumerated in this chapter, the water
12  supply sources necessary to meet and achieve the existing and
13  projected water use demand for the established planning
14  period, considering the applicable plan developed pursuant to
15  s. 373.0361.
16         Section 2.  Paragraph (c) of subsection (6) of section
17  163.3177, Florida Statutes, is amended to read:
18         163.3177  Required and optional elements of
19  comprehensive plan; studies and surveys.--
20         (6)  In addition to the requirements of subsections
21  (1)-(5), the comprehensive plan shall include the following
22  elements:
23         (c)  A general sanitary sewer, solid waste, drainage,
24  potable water, and natural groundwater aquifer recharge
25  element correlated to principles and guidelines for future
26  land use, indicating ways to provide for future potable water,
27  drainage, sanitary sewer, solid waste, and aquifer recharge
28  protection requirements for the area.  The element may be a
29  detailed engineering plan including a topographic map
30  depicting areas of prime groundwater recharge. The element
31  shall describe the problems and needs and the general
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    Florida Senate - 2004             CS for CS for CS for SB 1104
    309-2526-04
 1  facilities that will be required for solution of the problems
 2  and needs.  The element shall also include a topographic map
 3  depicting any areas adopted by a regional water management
 4  district as prime groundwater recharge areas for the Floridan
 5  or Biscayne aquifers, pursuant to s. 373.0395.  These areas
 6  shall be given special consideration when the local government
 7  is engaged in zoning or considering future land use for said
 8  designated areas.  For areas served by septic tanks, soil
 9  surveys shall be provided which indicate the suitability of
10  soils for septic tanks. By December 1, 2006 January 1, 2005,
11  or the Evaluation and Appraisal Report adoption deadline
12  established for the local government pursuant to s.
13  163.3191(a), whichever date occurs first, the element must
14  consider the appropriate water management district's regional
15  water supply plan approved pursuant to s. 373.0361. The
16  element must include a work plan, covering at least a 10-year
17  planning period, for building water supply facilities that are
18  identified in the element as necessary to serve existing and
19  new development and for which the local government is
20  responsible. The work plan shall be updated, at a minimum,
21  every 5 years within 12 months after the approval of the
22  revised regional water supply plan. Amendments to incorporate
23  the work plan do not count toward the limitation on the
24  frequency of adoption of amendments to a comprehensive plan.
25         Section 3.  Subsection (2) of section 373.116, Florida
26  Statutes, is amended to read:
27         373.116  Procedure for water use and impoundment
28  construction permit applications.--
29         (2)  Upon receipt of an application for a permit of the
30  type referred to in subsection (1), the governing board shall
31  cause a notice thereof to be published in a newspaper having
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    Florida Senate - 2004             CS for CS for CS for SB 1104
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 1  general circulation within the affected area. In addition, the
 2  governing board shall send, by regular or electronic mail, a
 3  copy of such notice to any person who has filed a written
 4  request for notification of any pending applications affecting
 5  this particular designated area. At the option of the
 6  applicable county or city government, notice of application
 7  for the consumptive use of water shall be mailed by regular or
 8  electronic mail to the county and appropriate city government
 9  from which boundaries the withdrawal is proposed to be made.
10         Section 4.  Section 373.2234, Florida Statutes, is
11  created to read:
12         373.2234  Preferred water supply sources.--The
13  governing board of a water management district is authorized
14  to adopt rules that identify preferred water supply sources
15  for consumptive uses for which there is sufficient data to
16  establish that a preferred source will provide a substantial
17  new water supply to meet the existing and projected
18  reasonable-beneficial uses of a water supply planning region
19  identified pursuant to s. 373.0361(1), while sustaining
20  existing water resources and natural systems. At a minimum,
21  such rules must contain a description of the preferred water
22  supply source and an assessment of the water the preferred
23  source is projected to produce. If an applicant proposes to
24  use a preferred water supply source, that applicant's proposed
25  water use is subject to s. 373.223(1), except that the
26  proposed use of a preferred water supply source must be
27  considered by a water management district when determining
28  whether a permit applicant's proposed use of water is
29  consistent with the public interest pursuant to s.
30  373.223(1)(c). A consumptive use permit issued for the use of
31  a preferred water supply source must be granted, when
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    Florida Senate - 2004             CS for CS for CS for SB 1104
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 1  requested by the applicant, for at least a 20-year period and
 2  may be subject to the compliance reporting provisions of s.
 3  373.236(3). Nothing in this section shall be construed to
 4  exempt the use of preferred water supply sources from the
 5  provisions of ss. 373.016(4) and 373.223(2) and (3), or be
 6  construed to provide that permits issued for the use of a
 7  nonpreferred water supply source must be issued for a duration
 8  of less than 20 years or that the use of a nonpreferred water
 9  supply source is not consistent with the public interest.
10  Additionally, nothing in this section shall be interpreted to
11  require the use of a preferred water supply source or to
12  restrict or prohibit the use of a nonpreferred water supply
13  source.  Rules adopted by the governing board of a water
14  management district to implement this section shall specify
15  that the use of a preferred water supply source is not
16  required, and that the use of a nonpreferred water supply
17  source is not restricted or prohibited.
18         Section 5.  Paragraph (c) is added to subsection (2) of
19  section 373.250, Florida Statutes, to read:
20         373.250  Reuse of reclaimed water.--
21         (2)
22         (c)  A water management district may require the use of
23  reclaimed water in lieu of surface water or groundwater when
24  the use of uncommitted reclaimed water is environmentally,
25  economically, and technically feasible and of such quality and
26  reliability as is necessary to the user. However, this
27  paragraph does not authorize a water management district to
28  require a provider of reclaimed water to redirect reclaimed
29  water from one user to another or to provide uncommitted water
30  to a specific user if such water is anticipated to be used by
31  
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    Florida Senate - 2004             CS for CS for CS for SB 1104
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 1  the provider, or a different user selected by the provider,
 2  within a reasonable amount of time.
 3         Section 6.  Landscape irrigation design.--
 4         (1)  The Legislature finds that multiple areas
 5  throughout the state have been identified by water management
 6  districts as water resource caution areas, which indicates
 7  that in the near future water demand in those areas will
 8  exceed the current available water supply and that
 9  conservation is one of the mechanisms by which future water
10  demand will be met.
11         (2)  The Legislature finds that landscape irrigation
12  comprises a significant portion of water use and that the
13  current typical landscape irrigation system and xeriscape
14  designs offer significant potential water conservation
15  benefits.
16         (3)  It is the intent of the Legislature to improve
17  landscape irrigation water use efficiency by ensuring that
18  landscape irrigation systems meet or exceed minimum design
19  criteria.
20         (4)  The water management districts shall work with the
21  Florida Chapter of the American Society of Landscape
22  Architects, the Florida Irrigation Society, the Florida
23  Nurserymen and Growers Association, the Department of
24  Agriculture and Consumer Services, the Institute of Food and
25  Agricultural Sciences, the Department of Environmental
26  Protection, the Department of Transportation, the Florida
27  League of Cities, the Florida Association of Counties, and the
28  Florida Association of Community Developers to develop
29  landscape irrigation and xeriscape design standards for new
30  construction which incorporate a landscape irrigation system
31  and develop scientifically based model guidelines for urban,
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    Florida Senate - 2004             CS for CS for CS for SB 1104
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 1  commercial, and residential landscape irrigation, including
 2  drip irrigation for plants, trees, sod, and other landscaping.
 3  The landscape and irrigation design standards must be based on
 4  the irrigation code defined in the Florida Building Code,
 5  Plumbing Volume, Appendix F. Local governments must use the
 6  standards and guidelines when developing landscape irrigation
 7  and xeriscape ordinances. Every 5 years, the agencies and
 8  entities specified in this subsection must review the
 9  standards and guidelines to determine whether new research
10  findings require a change or modification of the standards and
11  guidelines.
12         Section 7.  This act shall take effect upon becoming a
13  law.
14  
15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
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18  The committee substitute provides that consumptive use permit
    applicants using preferred water sources can receive a 20-year
19  permit if requested, rather than requiring a 20-year permit.
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