| 1 | A bill to be entitled | 
| 2 | An act relating to water resources; amending s. 163.3167,  | 
| 3 | F.S.; requiring local governments to include projected  | 
| 4 | water use in comprehensive plans; amending s. 163.3177,  | 
| 5 | F.S.; requiring local governments to consider regional  | 
| 6 | water supply plans in their work plans for building water  | 
| 7 | supply facilities; requiring the updating of work plans;  | 
| 8 | providing that amendments to incorporate the work plan do  | 
| 9 | not count toward the limitation on frequency of adoption  | 
| 10 | of amendments to the comprehensive plan; amending s.  | 
| 11 | 373.116, F.S.; providing that local governments may  | 
| 12 | receive electronic notices of applications for consumptive  | 
| 13 | use permits; creating s. 373.2234, F.S.; authorizing the  | 
| 14 | governing board of a water management district to adopt  | 
| 15 | rules identifying certain preferred water supply sources;  | 
| 16 | providing requirements with respect to such rules;  | 
| 17 | providing construction; amending s. 373.250, F.S.;  | 
| 18 | authorizing water management districts to require the use  | 
| 19 | of reclaimed water in lieu of surface or groundwater when  | 
| 20 | the use of uncommitted reclaimed water is environmentally,  | 
| 21 | economically, and technically feasible; providing  | 
| 22 | construction with respect to such authority; creating s.  | 
| 23 | 373.228; F.S.; providing legislative findings and intent  | 
| 24 | with regard to landscape irrigation design; requiring  | 
| 25 | water management districts to develop landscape irrigation  | 
| 26 | and xeriscape design standards; providing an effective  | 
| 27 | date. | 
| 28 | 
  | 
| 29 | Be It Enacted by the Legislature of the State of Florida: | 
| 30 | 
  | 
| 31 |      Section 1.  Subsection (13) is added to section 163.3167,  | 
| 32 | Florida Statutes, to read: | 
| 33 |      163.3167  Scope of act.-- | 
| 34 |      (13)  Each local government shall address in its  | 
| 35 | comprehensive plan, as enumerated in this chapter, the water  | 
| 36 | supply sources necessary to meet and achieve the existing and  | 
| 37 | projected water use demand for the established planning period,  | 
| 38 | considering the applicable plan developed pursuant to s.  | 
| 39 | 373.0361.  | 
| 40 |      Section 2.  Paragraph (c) of subsection (6) of section  | 
| 41 | 163.3177, Florida Statutes, is amended to read: | 
| 42 |      163.3177  Required and optional elements of comprehensive  | 
| 43 | plan; studies and surveys.-- | 
| 44 |      (6)  In addition to the requirements of subsections (1)- | 
| 45 | (5), the comprehensive plan shall include the following  | 
| 46 | elements: | 
| 47 |      (c)  A general sanitary sewer, solid waste, drainage,  | 
| 48 | potable water, and natural groundwater aquifer recharge element  | 
| 49 | correlated to principles and guidelines for future land use,  | 
| 50 | indicating ways to provide for future potable water, drainage,  | 
| 51 | sanitary sewer, solid waste, and aquifer recharge protection  | 
| 52 | requirements for the area.  The element may be a detailed  | 
| 53 | engineering plan including a topographic map depicting areas of  | 
| 54 | prime groundwater recharge. The element shall describe the  | 
| 55 | problems and needs and the general facilities that will be  | 
| 56 | required for solution of the problems and needs.  The element  | 
| 57 | shall also include a topographic map depicting any areas adopted  | 
| 58 | by a regional water management district as prime groundwater  | 
| 59 | recharge areas for the Floridan or Biscayne aquifers, pursuant  | 
| 60 | to s. 373.0395.  These areas shall be given special  | 
| 61 | consideration when the local government is engaged in zoning or  | 
| 62 | considering future land use for said designated areas.  For  | 
| 63 | areas served by septic tanks, soil surveys shall be provided  | 
| 64 | which indicate the suitability of soils for septic tanks. By  | 
| 65 | December 1, 2006 January 1, 2005, or the Evaluation and  | 
| 66 | Appraisal Report adoption deadline established for the local  | 
| 67 | government pursuant to s. 163.3191(a), whichever date occurs  | 
| 68 | first, the element must consider the appropriate water  | 
| 69 | management district's regional water supply plan approved  | 
| 70 | pursuant to s. 373.0361. The element must include a work plan,  | 
| 71 | covering at least a 10-year planning period, for building water  | 
| 72 | supply facilities that are identified in the element as  | 
| 73 | necessary to serve existing and new development and for which  | 
| 74 | the local government is responsible.  The work plan shall be  | 
| 75 | updated, at a minimum, every 5 years within 12 months after the  | 
| 76 | governing board of a water management district approves an  | 
| 77 | updated regional water supply plan.  Amendments to incorporate  | 
| 78 | the work plan do not count toward the limitation on frequency of  | 
| 79 | adoption of amendments to the comprehensive plan. | 
| 80 |      Section 3.  Subsection (2) of section 373.116, Florida  | 
| 81 | Statutes, is amended to read: | 
| 82 |      373.116  Procedure for water use and impoundment  | 
| 83 | construction permit applications.-- | 
| 84 |      (2)  Upon receipt of an application for a permit of the  | 
| 85 | type referred to in subsection (1), the governing board shall  | 
| 86 | cause a notice thereof to be published in a newspaper having  | 
| 87 | general circulation within the affected area. In addition, the  | 
| 88 | governing board shall send, by regular or electronic mail, a  | 
| 89 | copy of such notice to any person who has filed a written  | 
| 90 | request for notification of any pending applications affecting  | 
| 91 | this particular designated area. At the option of the applicable  | 
| 92 | county or city government, notice of application for the  | 
| 93 | consumptive use of water shall be mailed by regular or  | 
| 94 | electronic mail to the county and appropriate city government  | 
| 95 | from which boundaries the withdrawal is proposed to be made. | 
| 96 |      Section 4.  Section 373.2234, Florida Statutes, is created  | 
| 97 | to read: | 
| 98 |      373.2234  Preferred water supply sources.--The governing  | 
| 99 | board of a water management district is authorized to adopt  | 
| 100 | rules that identify preferred water supply sources for  | 
| 101 | consumptive uses for which there is sufficient data to establish  | 
| 102 | that a preferred source will provide a substantial new water  | 
| 103 | supply to meet the existing and projected reasonable-beneficial  | 
| 104 | uses of a water supply planning region identified pursuant to s.  | 
| 105 | 373.0361(1), while sustaining existing water resources and  | 
| 106 | natural systems. At a minimum, such rules must contain a  | 
| 107 | description of the preferred water supply source and an  | 
| 108 | assessment of the water the preferred source is projected to  | 
| 109 | produce. If an applicant proposes to use a preferred water  | 
| 110 | supply source, that applicant's proposed water use is subject to  | 
| 111 | s. 373.223(1), except that the proposed use of a preferred water  | 
| 112 | supply source must be considered by a water management district  | 
| 113 | when determining whether a permit applicant's proposed use of  | 
| 114 | water is consistent with the public interest pursuant to s.  | 
| 115 | 373.223(1)(c). A consumptive use permit issued for the use of a  | 
| 116 | preferred water supply source must be granted, when requested by  | 
| 117 | the applicant, for at least a 20-year period and may be subject  | 
| 118 | to the compliance reporting provisions of s. 373.236(3). Nothing  | 
| 119 | in this section shall be construed to exempt the use of  | 
| 120 | preferred water supply sources from the provisions of ss.  | 
| 121 | 373.016(4) and 373.223(2) and (3), or be construed to provide  | 
| 122 | that permits issued for the use of a nonpreferred water supply  | 
| 123 | source must be issued for a duration of less than 20 years or  | 
| 124 | that the use of a nonpreferred water supply source is not  | 
| 125 | consistent with the public interest. Additionally, nothing in  | 
| 126 | this section shall be interpreted to require the use of a  | 
| 127 | preferred water supply source or to restrict or prohibit the use  | 
| 128 | of a nonpreferred water supply source.  Rules adopted by the  | 
| 129 | governing board of a water management district to implement this  | 
| 130 | section shall specify that the use of a preferred water supply  | 
| 131 | source is not required, and that the use of a nonpreferred water  | 
| 132 | supply source is not restricted or prohibited.  | 
| 133 |      Section 5.  Paragraph (c) is added to subsection (2) of  | 
| 134 | section 373.250, Florida Statutes, to read: | 
| 135 |      373.250  Reuse of reclaimed water.-- | 
| 136 |      (2) | 
| 137 |      (c)  A water management district may require the use of  | 
| 138 | reclaimed water in lieu of surface water or groundwater when the  | 
| 139 | use of uncommitted reclaimed water is environmentally,  | 
| 140 | economically, and technically feasible and of such quality and  | 
| 141 | reliability as is necessary to the user. However, this paragraph  | 
| 142 | does not authorize a water management district to require a  | 
| 143 | provider of reclaimed water to redirect reclaimed water from one  | 
| 144 | user to another or to provide uncommitted water to a specific  | 
| 145 | user if such water is anticipated to be used by the provider, or  | 
| 146 | a different user selected by the provider, within a reasonable  | 
| 147 | amount of time.  | 
| 148 |      Section 6.  Section 373.228, Florida Statutes, is created  | 
| 149 | to read: | 
| 150 |      373.228 Landscape irrigation design.-- | 
| 151 |      (1)  The Legislature finds that multiple areas throughout  | 
| 152 | the state have been identified by water management districts as  | 
| 153 | water resource caution areas, which indicates that in the near  | 
| 154 | future water demand in those areas will exceed the current  | 
| 155 | available water supply and that conservation is one of the  | 
| 156 | mechanisms by which future water demand will be met. | 
| 157 |      (2)  The Legislature finds that landscape irrigation  | 
| 158 | comprises a significant portion of water use and that the  | 
| 159 | current typical landscape irrigation system and xeriscape  | 
| 160 | designs offer significant potential water conservation benefits. | 
| 161 |      (3)  It is the intent of the Legislature to improve  | 
| 162 | landscape irrigation water use efficiency by ensuring that  | 
| 163 | landscape irrigation systems meet or exceed minimum design  | 
| 164 | criteria. | 
| 165 |      (4)  The water management districts shall work with the  | 
| 166 | Florida Nurserymen and Growers Association, the Florida Chapter  | 
| 167 | of the American Society of Landscape Architects, the Florida  | 
| 168 | Irrigation Society, the Department of Agriculture and Consumer  | 
| 169 | Services, the Institute of Food and Agricultural Sciences, the  | 
| 170 | Department of Environmental Protection, the Department of  | 
| 171 | Transportation, the Florida League of Cities, the Florida  | 
| 172 | Association of Counties, and the Florida Association of  | 
| 173 | Community Developers to develop landscape irrigation and  | 
| 174 | xeriscape design standards for new construction which  | 
| 175 | incorporate a landscape irrigation system and develop  | 
| 176 | scientifically based model guidelines for urban, commercial, and  | 
| 177 | residential landscape irrigation, including drip irrigation, for  | 
| 178 | plants, trees, sod, and other landscaping.  The landscape and  | 
| 179 | irrigation design standards shall be based on the irrigation  | 
| 180 | code defined in the Florida Building Code, Plumbing Volume,  | 
| 181 | Appendix F.  Local governments shall use the standards and  | 
| 182 | guidelines when developing landscape irrigation and xeriscape  | 
| 183 | ordinances. Every 5 years, the agencies and entities specified  | 
| 184 | in this subsection shall review the standards and guidelines to  | 
| 185 | determine whether new research findings require a change or  | 
| 186 | modification of the standards and guidelines.  | 
| 187 |      Section 7.  This act shall take effect upon becoming a law. |