HB 1881

1	A bill to be entitled
2	An act relating to water supply policy, planning, and
3	production; creating part VII of ch. 373, F.S.; relating
4	to water supply policy, planning, and production; creating
5	373.701, F.S.; providing a declaration of policy; creating
6	s. 373.703, F.S.; providing definitions; creating s.
7	373.705, F.S.; providing for the powers and duties of
8	water management district governing boards; creating s.
9	373.707, F.S.; requiring the Department of Environmental
10	Protection to develop the Florida water supply plan;
11	providing components of the plan; requiring water
12	management district governing boards to develop water
13	supply plans for their respective regions; providing
14	components of district water supply plans; creating s.
15	373.709, F.S.; providing legislative findings and intent
16	with respect to water resource development and water
17	supply development; requiring water management districts
18	to fund and implement water resource development;
19	specifying water supply development projects which are
20	eligible to receive priority consideration for state or
21	water management district funding assistance; creating s.
22	373.711, F.S.; providing legislative findings and intent
23	with respect to alternative water supplies; requiring the
24	governing boards of the water management districts where
25	regional water supply planning has been initiated to
26	include in their annual budgets an amount to assist in the
27	development of alternative water supply projects;
28	providing funding priority for projects; providing that
29	governing boards are encouraged to establish revolving
30	loan funds; providing requirements with respect to such
31	revolving loan funds; providing legislative intent with
32	respect to the development of rate structures by the
33	appropriate rate-setting authorities for all water, waste
34	water, and reclaimed water and other alternative water
35	supply utilities in the service area of a funded utility;
36	specifying intended purposes of such rate structures;
37	providing that funding assistance provided by the water
38	management districts for a water reuse system project may
39	include specified grant or loan conditions; providing
40	requirements for eligibility for funding of projects;
41	requiring specified written notice; providing for
42	application of revenues; requiring governing boards to
43	make written guidelines for disbursal of revenues
44	available annually; providing components of such
45	guidelines; requiring the governing board of each water
46	management district to establish a process for disbursal
47	of funds for alternative water supply projects; providing
48	that provisions governing alternative water supplies are
49	not subject to the rulemaking requirements of the
50	Administrative Procedures Act; requiring water management
51	districts to submit annual reports accounting for the
52	disbursal of all budget amounts; requiring the Florida
53	Public Service Commission to allow entities under its
54	jurisdiction constructing alternative water supply
55	facilities to recover specified costs through their rate
56	structure; providing that every component of an
57	alternative water supply facility constructed by an
58	investor-owned utility shall be recovered in current
59	rates; requiring the Florida Public Service Commission to
60	use a 20-year period when determining the cost of
61	providing services and property used and useful; creating
62	s. 373.713, F.S.; requiring a water management district
63	governing board to conduct water supply planning for each
64	region identified in the district water supply plan;
65	providing procedures and requirements with respect to
66	regional water supply plans; providing for joint
67	development of a specified water supply development
68	component of a regional water supply plan within the
69	boundaries of the Southwest Florida Water Management
70	District; providing that approval of a regional water
71	supply plan is not subject to the rulemaking requirements
72	of the Administrative Procedures Act; requiring the
73	department to submit annual reports on the status of
74	regional water supply planning in each district; providing
75	construction with respect to the water supply development
76	component of a regional water supply plan; requiring water
77	management districts to present to certain entities the
78	relevant portions of a regional water supply plan;
79	requiring certain entities to provide written notification
80	to water management districts as to the implementation of
81	water supply project options; requiring water management
82	districts to notify local governments of the need for
83	alternative water supply projects; creating s. 373.715,
84	F.S.; requiring water management districts to assist local
85	governments in the development and future revision of
86	local government comprehensive plan elements or public
87	facilities reports related to water resource issues;
88	creating s. 373.717, F.S.; providing for the creation of
89	regional water supply authorities; providing purpose of
90	such authorities; specifying considerations with respect
91	to the creation of a proposed authority; specifying
92	authority of a regional water supply authority; providing
93	authority of specified entities to convey title, dedicate
94	land, or grant land-use rights to a regional water supply
95	authority for specified purposes; providing preferential
96	rights of counties and municipalities to purchase water
97	from regional water supply authorities; providing
98	exemption for specified water supply authorities from
99	consideration of certain factors and submissions;
100	providing applicability of such exemptions; creating s.
101	373.719, F.S.; authorizing the West Coast Regional Water
102	Supply Authority and its member governments to
103	reconstitute the authority's governance and rename the
104	authority under a voluntary interlocal agreement;
105	providing compliance requirements with respect to the
106	interlocal agreement; providing for supersession of
107	conflicting general or special laws; providing
108	requirements with respect to annual budgets; specifying
109	the annual millage for the authority; authorizing the
110	authority to request the governing board of the district
111	to levy ad valorem taxes within the boundaries of the
112	authority to finance authority functions; providing
113	requirements and procedures with respect to the collection
114	of such taxes; amending ss. 120.52, 163.3167, 163.3177,
115	163.3191, 186.009, 189.404, 189.4155, 189.4156, 367.021,
116	F.S.; conforming cross references; amending s. 373.016,
117	F.S., relating to the declaration of policy, to conform;
118	amending s. 373.019, relating to definitions, to conform;
119	amending s. 373.036, F.S.; relating to the Florida water
120	plan and district water management plans, to include the
121	Florida water supply plan and district water supply plans
122	and make other conforming changes; amending s. 373.042,
123	F.S.; providing for minimum flow and level provisions for
124	alternative water supply project options; amending ss.
125	373.0421 and 373.0695, F.S.; conforming cross references;
126	amending s. 373.223, F.S.; providing for alternative water
127	supply projects to be consistent with the public interest;
128	conforming cross references; amending ss. 373.2234 and
129	373.229, F.S.; conforming cross references; amending s.
130	373.236, F.S.; providing for a 20-year permit duration for
131	alternative water supply projects; amending ss. 373.421,
132	373.536, 373.59, 378.212, 378.404, 403.031, 403.813,
133	403.0891, 556.102, and 682.02, F.S.; conforming cross
134	references; renumbering s. 373.71, F.S., relating to the
135	Apalachicola-Chattahoochee-Flint River Basin Compact, to
136	clarify retention of the section in part VI of ch. 373,
137	F.S.; repealing s. 373.0361, F.S., relating to regional
138	water supply planning; repealing s. 373.0391, F.S.,
139	relating to technical assistance to local governments;
140	repealing s. 373.0831, F.S., relating to water resource
141	and water supply development; repealing s. 373.196, F.S.,
142	relating to legislative findings; repealing s. 373.1961,
143	F.S., relating to water production; repealing s. 373.1962,
144	F.S., relating to regional water supply authorities;
145	repealing s. 373.1963, F.S., relating to assistance to the
146	West Coast Regional Water Supply Authority; providing an
147	effective date.
148
149	Be It Enacted by the Legislature of the State of Florida:
150
151	Section 1.  Part VII of chapter 373, Florida Statutes,
152	consisting of sections 373.701, 373.703, 373.705, 373.707,
153	373.709, 373.711, 373.713, 373.715, 373.717, and 373.719, is
154	created to read:
155
156	PART VII
157	WATER SUPPLY POLICY, PLANNING, AND PRODUCTION
158
159	373.701  Declaration of policy.--It is declared to be the
160	policy of the Legislature that:
161	(1)  Water constitutes a public resource benefiting the
162	entire state, therefore, water supply planning in the state
163	should be conducted on a state and regional basis.
164	(2)  The availability of sufficient water for all existing
165	and future reasonable-beneficial uses and natural systems shall
166	be promoted.
167	(3)  In order to protect the state's water resources and to
168	meet the current and future needs of those areas with abundant
169	water, the Legislature directs the department and the water
170	management districts to encourage the use of water from sources
171	nearest the area of use or application whenever practicable.
172	Such sources shall include all naturally occurring water sources
173	and all alternative water sources, including, but not limited
174	to, desalination, conservation, reuse of nonpotable reclaimed
175	water and stormwater, and aquifer storage and recovery.
176	(4)  In establishing the policy outlined in subsection (3),
177	the Legislature realizes that, under certain circumstances, the
178	need to transport water from distant sources may be necessary
179	for environmental, technical, or economic reasons.
180	(5)  Cooperative efforts between municipalities, counties,
181	water management districts, and the Department of Environmental
182	Protection are mandatory in order to meet the water needs of
183	rapidly urbanizing areas in a manner which will supply adequate
184	and dependable supplies of water where needed without resulting
185	in adverse effects upon the areas from whence such water is
186	withdrawn. Such efforts should utilize all practical means of
187	obtaining water, including, but not limited to, withdrawals of
188	surface water and groundwater, the recycling of waste water, and
189	desalination and will necessitate not only cooperation but also
190	well-coordinated activities.
191	(6)  Municipalities and counties are encouraged to create
192	regional water supply authorities and multi-jurisdictional water
193	supply entities as authorized herein.
194	(7)  Nothing herein shall be construed to preclude the
195	various municipalities and counties from continuing to operate
196	existing water production and transmission facilities or to
197	enter into cooperative agreements with other municipalities and
198	counties for the purpose of meeting their respective needs for
199	dependable and adequate supplies of water, provided the
200	obtaining of water through such operations shall not be done in
201	a manner which results in adverse effects upon the areas from
202	whence such water is withdrawn.
203	Section 2.  Section 373.703, Florida Statutes, is created
204	to read:
205	373.703  Definitions.--When appearing in this chapter or in
206	any rule, regulation, or order adopted pursuant thereto, the
207	following words shall, unless the context clearly indicates
208	otherwise, mean:
209	(1)  "Alternative water supply" means a supply of water
210	from a source other than fresh water from a traditional surface
211	water or groundwater source and includes, but is not limited to,
212	saltwater and brackish surface water and groundwater; sources
213	made available through enhanced storage capacity; water that has
214	been reclaimed after one or more public supply, municipal,
215	industrial, commercial, or agricultural uses; stormwater; and
216	any other non-traditional sources of water supply that have been
217	treated in accordance with applicable rules and standards
218	sufficient to supply the intended use.
219	(2)  "District water supply plan" means the regional plan
220	developed by a governing board under s. 373.707.
221	(3)  "Florida water supply plan" means the state-level plan
222	developed by the department under s. 373.707.
223	(4)  "Multi-jurisdictional water supply entity" means two
224	or more water utilities organized into a larger entity for the
225	purpose of more efficiently pursuing water supply development
226	projects listed pursuant to s. 373.713(2)(a)(3).
227	(5)  "Regional water supply plan" means a detailed water
228	supply plan developed by a governing board under s. 373.713.
229	(6)  "Water resource development" means the formulation and
230	implementation of regional water resource management strategies,
231	including the collection and evaluation of surface water and
232	groundwater data; structural and nonstructural programs to
233	protect and manage water resources; the development of regional
234	water resource implementation programs; the construction,
235	operation, and maintenance of major public works facilities to
236	provide for surface and underground water storage and
237	groundwater recharge augmentation; and related technical
238	assistance to local governments and to government-owned and
239	privately owned water utilities.
240	(7)  "Water supply development" means the planning, design,
241	construction, operation, and maintenance of public or private
242	facilities for water collection, production, treatment,
243	transmission, or distribution for sale, resale, or end use.
244	Section 3.  Section 373.705, Florida Statutes, is created
245	to read:
246	373.705  Powers and duties.--In the performance of, and in
247	conjunction with, its other powers and duties, the governing
248	board of a water management district existing pursuant to this
249	chapter:
250	(1)  Shall engage in planning to assist counties,
251	municipalities, special districts, private utilities, or
252	regional water supply authorities in meeting water supply needs
253	in a manner that will give priority to encouraging conservation
254	and reducing adverse environmental effects of improper or
255	excessive withdrawals of water from concentrated areas. As used
256	in this section, regional water supply authorities are regional
257	water authorities created under s. 373.717 or other laws of this
258	state.
259	(2)  Shall assist counties, municipalities, special
260	districts, private utilities, multi-jurisdictional water supply
261	entities, and regional water supply authorities in meeting water
262	supply needs in a manner that will give priority to encouraging
263	conservation and reducing adverse environmental effects of
264	improper or excessive withdrawals of water from concentrated
265	areas.
266	(3)  May establish, design, construct, operate, and
267	maintain water production and transmission facilities for the
268	purpose of supplying water to counties, municipalities, special
269	districts, private utilities, multi-jurisdictional water supply
270	entities, or regional water supply authorities. The permit
271	required by part II of this chapter for a water management
272	district engaged in water production and transmission shall be
273	granted, denied, or granted with conditions by the department.
274	(4)  Shall not engage in local distribution.
275	(5)  Shall not deprive, directly or indirectly, any county
276	wherein water is withdrawn of the prior right to the reasonable
277	and beneficial use of water which is required to supply
278	adequately the reasonable and beneficial needs of the county or
279	any of the inhabitants or property owners therein.
280	(6)  May provide water and financial assistance to regional
281	water supply authorities and multi-jurisdictional water supply
282	entities but may not provide water to counties and
283	municipalities which are located within the area of such
284	authority or entity without the specific approval of the
285	authority or entity or, in the event of the authority's or
286	entity's disapproval, the approval of the Governor and Cabinet
287	sitting as the Land and Water Adjudicatory Commission. The
288	district may supply water at rates and upon terms mutually
289	agreed to by the parties or, if they do not agree, as set by the
290	governing board and specifically approved by the Governor and
291	Cabinet sitting as the Land and Water Adjudicatory Commission.
292	(7)  May acquire title to such interest as is necessary in
293	real property, by purchase, gift, devise, lease, eminent domain,
294	or otherwise, for water production and transmission consistent
295	with this section. However, the district shall not use any of
296	the eminent domain powers herein granted to acquire water
297	already devoted to reasonable and beneficial use or any water
298	production or transmission facilities owned by any county,
299	municipality, or regional water supply authority. The district
300	may exercise eminent domain powers outside of its district
301	boundaries for the acquisition of pumpage facilities, storage
302	areas, transmission facilities, and the normal appurtenances
303	thereto, provided that at least 45 days prior to the exercise of
304	eminent domain, the district notifies the district where the
305	property is located after public notice and the district where
306	the property is located does not object within 45 days after
307	notification of such exercise of eminent domain authority.
308	(8)  In addition to the power to issue revenue bonds
309	pursuant to s. 373.584, may issue revenue bonds for the purposes
310	of paying the costs and expenses incurred in carrying out the
311	purposes of this part or refunding obligations of the district
312	issued pursuant to this section. Such revenue bonds shall be
313	secured by, and be payable from, revenues derived from the
314	operation, lease, or use of its water production and
315	transmission facilities and other water-related facilities and
316	from the sale of water or services relating thereto. Such
317	revenue bonds may not be secured by, or be payable from, moneys
318	derived by the district from the Water Management Lands Trust
319	Fund or from ad valorem taxes received by the district. All
320	provisions of s. 373.584 relating to the issuance of revenue
321	bonds which are not inconsistent with this section shall apply
322	to the issuance of revenue bonds pursuant to this section. The
323	district may also issue bond anticipation notes in accordance
324	with the provisions of s. 373.584.
325	(9)  May join with one or more other water management
326	districts, counties, municipalities, private utilities, multi-
327	jurisdictional water supply entities, or regional water supply
328	authorities for the purpose of carrying out any of its powers
329	and may contract with such other entities to finance
330	acquisitions, construction, operation, and maintenance. The
331	contract may provide for contributions to be made by each party
332	thereto for the division and apportionment of the expenses of
333	acquisitions, construction, operation, and maintenance and for
334	the division and apportionment of the benefits, services, and
335	products therefrom. The contracts may contain other covenants
336	and agreements necessary and appropriate to accomplish their
337	purposes.
338	Section 4.  Section 373.707, Florida Statutes, is created
339	to read:
340	373.707  Florida water supply plan; district water supply
341	plans.--
342	(1)  In cooperation with the water management districts,
343	regional water supply authorities, and others, the department
344	shall develop the Florida water supply plan. The Florida water
345	supply plan shall include, but not be limited to:
346	(a)  The programs and activities of the department related
347	to water supply.
348	(b)  The district water supply plans.
349	(c)  Goals, objectives, and guidance for the development
350	and review of programs, rules, and plans relating to water
351	supply based on statutory policies and directives.
352	(2)(a)  Each governing board shall develop a district water
353	supply plan for its region. The district water supply plan shall
354	be based on at least a 20-year planning period, shall be
355	developed and revised in cooperation with other agencies,
356	regional water supply authorities, units of government, and
357	interested parties and shall be updated at least once every 5
358	years. The governing board shall hold a public hearing at least
359	30 days in advance of completing the development or revision of
360	the district water supply plan.
361	(b)  The district water supply plan shall include, but not
362	be limited to:
363	1.  The scientific methodologies for establishing minimum
364	flows and levels under s. 373.042 and all established minimum
365	flows and levels.
366	2.  Identification of one or more water supply planning
367	regions that singly or together encompass the entire district.
368	3.  Technical data and information prepared under s.
369	373.715.
370	4.  A districtwide water supply assessment which determines
371	for each water supply planning region:
372	a.  Existing legal uses, reasonably anticipated future
373	needs, and existing and reasonably anticipated sources of water
374	and conservation efforts.
375	b.  Whether existing and reasonably anticipated sources of
376	water and conservation efforts are adequate to supply water for
377	all existing legal uses and reasonably anticipated future needs
378	and to sustain the water resources and related natural systems.
379	5.  Any completed regional water supply plans prepared
380	pursuant to s. 373.713.
381	(c)  If necessary for implementation, the governing board
382	shall adopt by rule or order relevant portions of the district
383	water supply plan to the extent of its statutory authority.
384	(d)  In the formulation of the district water supply plan,
385	the governing board shall give due consideration to:
386	1.  The attainment of maximum reasonable-beneficial use of
387	water resources.
388	2.  The maximum economic development of the water resources
389	consistent with other uses.
390	3.  The management of water resources for such purposes as
391	environmental protection, drainage, flood control, and water
392	storage.
393	4.  The quantity of water available for application to a
394	reasonable-beneficial use.
395	5.  The prevention of wasteful, uneconomical, impractical,
396	or unreasonable uses of water resources.
397	6.  Presently exercised domestic use and permit rights.
398	7.  The state water resources policy as expressed by this
399	chapter.
400	(3)  The department and governing board shall give careful
401	consideration to the requirements of public recreation and to
402	the protection and propagation of fish and wildlife. The
403	department or governing board may prohibit or restrict other
404	future uses on certain designated bodies of water which may be
405	inconsistent with these objectives.
406	(4)  The governing board may designate certain uses in
407	connection with a particular source of supply which, because of
408	the nature of the activity or the amount of water required,
409	would constitute an undesirable use for which the governing
410	board may deny a permit.
411	(5)  The governing board may designate certain uses in
412	connection with a particular source of supply which, because of
413	the nature of the activity or the amount of water required,
414	would result in an enhancement or improvement of the water
415	resources of the area. Such uses shall be preferred over other
416	uses in the event of competing applications under the permitting
417	systems authorized by this chapter.
418	(6)  The department, in cooperation with the Executive
419	Office of the Governor, or its successor agency may add to the
420	Florida water supply plan any other information, directions, or
421	objectives it deems necessary or desirable for the guidance of
422	the governing boards or other agencies in the administration and
423	enforcement of this chapter.
424	Section 5.  Section 373.709, Florida Statutes, is created
425	to read:
426	373.709  Water resource development; water supply
427	development.--
428	(1)  The Legislature finds that:
429	(a)  The proper role of the water management districts in
430	water supply is primarily planning and water resource
431	development, but this does not preclude them from providing
432	assistance with water supply development.
433	(b)  The proper role of local government, regional water
434	supply authorities, and government-owned and privately owned
435	water utilities in water supply is primarily water supply
436	development, but this does not preclude them from providing
437	assistance with water resource development.
438	(c)  Water resource development and water supply
439	development must receive priority attention, where needed, to
440	increase the availability of sufficient water for all existing
441	and future reasonable-beneficial uses and natural systems.
442	(2)  It is the intent of the Legislature that:
443	(a)  Sufficient water be available for all existing and
444	future reasonable-beneficial uses and the natural systems and
445	that the adverse effects of competition for water supplies be
446	avoided.
447	(b)  Water management districts take the lead in
448	identifying and implementing water resource development projects
449	and are responsible for securing necessary funding for
450	regionally significant water resource development projects.
451	(c)  Local governments, regional water supply authorities,
452	and government-owned and privately owned water utilities take
453	the lead in securing funds for and implementing water supply
454	development projects. Generally, direct beneficiaries of water
455	supply development projects should pay the costs of the projects
456	from which they benefit, and water supply development projects
457	should continue to be paid for through local funding sources.
458	(d)  Water supply development be conducted in coordination
459	with water management district regional water supply planning
460	and water resource development.
461	(3)  The water management districts shall fund and
462	implement water resource development as defined in s. 373.703.
463	The water management districts are encouraged to implement their
464	responsibility for water resource development and to assist in
465	water supply development as expeditiously as possible in areas
466	subject to regional water supply plans.
467	(4)  Each governing board shall include in its annual
468	budget an amount to be made available for the fiscal year to
469	assist in implementing alternative water supply development
470	projects listed pursuant to s. 373.713(2)(a)3.
471	(5)(a)  Water supply development projects which are
472	included in the relevant regional water supply plans and which
473	meet one or more of the following criteria shall receive
474	priority consideration for state or water management district
475	funding assistance:
476	1.  The project supports establishment of a dependable,
477	sustainable supply of water from alternative water supplies;
478	2.  The project provides substantial environmental benefits
479	by preventing or limiting adverse water resource impacts but
480	requires funding assistance to be economically competitive with
481	other options; or
482	3.  The project significantly implements the reuse,
483	storage, recharge, or conservation of water in a manner that
484	contributes to the sustainability of regional water sources.
485	4.  The project significantly contributes to a recovery
486	plan pursuant to s. 373.0421 for a minimum flow or level
487	established by a governing board.
488	(b)  Water supply development projects which meet the
489	criteria in paragraph (a) and also bring about replacement of
490	existing sources in order to help implement a minimum flow or
491	level shall be given first consideration for state or water
492	management district funding assistance.
493	(c)  If a proposed alternative water supply development
494	project is identified in the relevant approved regional water
495	supply plan, the project shall receive:
496	1.  A 20-year consumptive use permit if it otherwise meets
497	the permit requirements under ss. 373.223 and 373.236 and rules
498	adopted thereunder.
499	2.  Consideration for priority funding pursuant to s.
500	373.711 if the project meets one of the criteria in this
501	subsection.
502	Section 6.  Section 373.711, Florida Statutes, is created
503	to read:
504	373.711  Alternative water supplies.--
505	(1)(a)  The Legislature finds that, due to a combination of
506	factors, vastly increased demands have been placed on natural
507	supplies of fresh water and that, absent increased development
508	of alternative water supplies, such demands may increase in the
509	future.
510	(b)  The Legislature also finds that potential exists in
511	the state for the production of significant quantities of
512	alternative water supplies and that water production includes
513	the development of alternative water supplies for appropriate
514	uses.
515	(c)  The Legislature finds that public moneys or services
516	provided to private entities for such uses constitute public
517	purposes which are in the public interest.
518	(2)(a)  It is the intent of the Legislature that utilities
519	develop reclaimed water systems, where reclaimed water is the
520	most appropriate alternative water supply option, to deliver
521	reclaimed water to as many users as possible through the most
522	cost-effective means and to construct reclaimed water system
523	infrastructure to their owned or operated properties and
524	facilities where they have reclamation capability.
525	(b)  It is the intent of the Legislature that the water
526	management districts which levy ad valorem taxes for water
527	management purposes share a percentage of those tax revenues
528	with water providers and users, including local governments,
529	water, waste water, and reuse utilities, municipal, industrial,
530	and agricultural water users, and other public and private water
531	users, to be used to supplement other funding sources in the
532	development of alternative water supplies.
533	(c)  It is the intent of the Legislature that, for each
534	reclaimed water utility or any other utility which receives
535	funds pursuant to this subsection, the appropriate rate-setting
536	authorities should develop rate structures for all water, waste
537	water, reclaimed water, and other alternative water supply
538	utilities in the service area of the funded utility, which
539	accomplish the following:
540	1.  Provide meaningful progress toward the development and
541	implementation of alternative water supply systems, including
542	reclaimed water systems.
543	2.  Promote the conservation of fresh water withdrawn from
544	natural systems.
545	3.  Provide for an appropriate distribution of costs for
546	all water, waste water, and alternative water supply utilities,
547	including reclaimed water utilities, among all of the users of
548	those utilities.
549	4.  Prohibit rate discrimination within classes of utility
550	users.
551	(3)  In order to further the development and use of
552	alternative water supplies, including reclaimed water, the
553	Legislature provides the following:
554	(a)  The governing boards of the water management districts
555	where regional water supply planning has been initiated pursuant
556	to s. 373.713 shall include in their annual budgets an amount to
557	assist in the development of alternative water supply projects
558	listed pursuant to s. 373.713(2)(a)(3), pursuant to the
559	requirements of this subsection. Such amounts shall be made
560	available to governmental and investor-owned utilities, special
561	districts, regional water supply authorities, and other multi-
562	jurisdictional water supply entities through grants, matching
563	grants, revolving loans, or the use of district lands or
564	facilities pursuant to the requirements of this subsection and
565	guidelines established by the districts. In making grants or
566	loans, funding priority must be given to projects in accordance
567	with s. 373.709(5).
568	(b)  Without diminishing amounts available through other
569	means described in this paragraph, the governing boards are
570	encouraged to consider establishing revolving loan funds to
571	expand the total funds available to accomplish the objectives of
572	this section. A revolving loan fund created under this paragraph
573	must be a nonlapsing fund from which the water management
574	district may make loans with interest rates below prevailing
575	market rates to public or private entities for the purposes
576	described in this section. The governing board may adopt
577	resolutions to establish revolving loan funds which must specify
578	the details of the administration of the fund, the procedures
579	for applying for loans from the fund, the criteria for awarding
580	loans from the fund, the initial capitalization of the fund, and
581	the goals for future capitalization of the fund in subsequent
582	budget years. Revolving loan funds created under this paragraph
583	must be used to expand the total sums and sources of cooperative
584	funding available for the development of alternative water
585	supplies. The Legislature does not intend for the creation of
586	revolving loan funds to supplant or otherwise reduce existing
587	sources or amounts of funds currently available through other
588	means.
589	(4)  Funding assistance provided by the water management
590	districts for a water reuse system project may include the
591	following grant or loan conditions for that project if the water
592	management district determines that such conditions will
593	encourage water use efficiency:
594	(a)  Metering of reclaimed water use for the following
595	activities: residential irrigation, agricultural irrigation,
596	industrial uses, except for electric utilities as defined in s.
597	366.02(2), landscape irrigation, irrigation of other public
598	access areas, commercial and institutional uses such as toilet
599	flushing, and transfers to other reclaimed water utilities.
600	(b)  Implementation of reclaimed water rate structures
601	based on actual use of reclaimed water for the types of reuse
602	activities listed in subparagraph 1.
603	(c)  Implementation of education programs to inform the
604	public about water issues, water conservation, and the
605	importance and proper use of reclaimed water.
606	(d)  Development of location data for key reuse facilities.
607	(5)  In order to be eligible for funding pursuant to this
608	subsection, a project must be consistent with a local government
609	comprehensive plan, and the governing body of the local
610	government must require all appropriate new facilities within
611	the project's service area to connect to and use the project's
612	alternative water supplies. The appropriate local government
613	must provide written notification to the appropriate district
614	that the proposed project is consistent with the local
615	government comprehensive plan.
616	(6)  Any and all revenues disbursed pursuant to this
617	section shall be applied only for the payment of capital costs
618	for alternative water supply projects listed pursuant to s.
619	373.713 (2)(a)3. which contribute to meeting the existing and
620	future reasonable-beneficial uses identified within a regional
621	water supply plan.
622	(7)(a)  The governing boards shall establish a process for
623	the disbursal of revenues pursuant to this subsection.
624	(b)  After conducting one or more hearings to solicit
625	public input on eligible projects, the governing board of each
626	water management district shall select projects for funding
627	assistance based upon the project being identified or listed as
628	an alternative water supply development option in the regional
629	water supply plan pursuant to s. 373.713(2)(a)3. and by
630	considering factors established by each governing board,
631	including, but not limited to, the following:
632	1.  Projects identified as a priority for funding pursuant
633	to s. 373.709(5)(a).
634	2.  Projects that are the most cost-effective in using
635	alternative water supplies.
636	3.  Projects serving multi-jurisdictional water supply
637	entities pursuant to the terms of an interlocal agreement or
638	other institutional arrangement, especially those projects that
639	interconnect separate utility supply systems, share a uniform
640	production cost and uniform per-gallon or blended wholesale
641	rate.
642	4.  Projects with the local governments providing the
643	higher percentage of the total costs of the projects.
644	5.  Projects serving those local governments with the lower
645	per capita use of potable water.
646	6.  Projects that reduce the consumption of traditional
647	supplies and will have the effect of making traditional supplies
648	available for the benefit of the natural system or other
649	reasonable-beneficial uses.
650	7.  Projects that supplement an existing supply or
651	traditional source that has been reduced for existing and
652	reasonably projected future reasonable-beneficial uses by the
653	adoption of a minimum flow or level or a reservation.
654	8.  Projects that reduce competition between existing and
655	future users.
656	9.  Projects where the applicant has established a goal-
657	based water conservation program pursuant to s. 373.227 and is
658	demonstrating measurable progress toward achieving these goals.
659	(8)  All revenues made available pursuant to this section
660	must be encumbered by the governing board when it approves
661	projects sufficient to expend the available revenues.
662	(9)  This section shall not be subject to the rulemaking
663	requirements of chapter 120.
664	(10)  By January 30 of each year, each water management
665	district shall submit an annual report to the Governor, the
666	President of the Senate, and the Speaker of the House of
667	Representatives which accounts for the disbursal of all budgeted
668	amounts pursuant to this subsection. Such report shall describe
669	all alternative water supply projects funded as well as the
670	quantity of new water created as a result of such projects and
671	shall account separately for any other moneys provided through
672	grants, matching grants, revolving loans, and the use of
673	district lands or facilities to implement regional water supply
674	plans.
675	(11)  The Florida Public Service Commission shall allow
676	entities under its jurisdiction constructing, or participating
677	in constructing, facilities which provide alternative water
678	supplies to recover the full, prudently incurred cost of such
679	facilities through their rate structure. If the construction or
680	participation in construction is pursuant to, or in furtherance
681	of, a regional water supply plan approved by the water
682	management district having jurisdiction, the cost shall be
683	deemed to be prudently incurred. Every component of an
684	alternative water supply facility constructed by an investor-
685	owned utility shall be recovered in current rates.
686	(12)  The Florida Public Service Commission, when
687	determining the cost of providing services and a property used
688	and useful in the public service pursuant to s. 367.081 for
689	facilities providing alternative water supplies, shall use the
690	period of 20 years as the period needed to serve customers.
691	Section 7.  Section 373.713, Florida Statutes, is created
692	to read:
693	373.713  Regional water supply planning.--
694	(1)  The governing board of each water management district
695	shall conduct water supply planning for any water supply
696	planning region within the district identified in the
697	appropriate district water supply plan under s. 373.707, where
698	it determines that existing sources of water are not adequate to
699	supply water for all existing and future reasonable-beneficial
700	uses and to sustain the water resources and related natural
701	systems for the planning period. The planning must be conducted
702	in an open public process, in coordination and cooperation with
703	local governments, regional water supply authorities,
704	government-owned and privately owned water utilities, self-
705	suppliers, and other affected and interested parties. The
706	districts will actively engage in public education and outreach
707	to all affected local entities and their officials, as well as
708	members of the public, in the planning process and in seeking
709	input. During preparation but prior to completion of the
710	regional water supply plan, the district must conduct at least
711	one public workshop to discuss the technical data and modeling
712	tools anticipated to be used to support the regional water
713	supply plan. The district shall also hold several public
714	hearings to communicate the status, overall conceptual intent,
715	and impacts of the plan on existing and future reasonable-
716	beneficial uses and natural systems. A determination by the
717	governing board that initiation of a regional water supply plan
718	for a specific planning region is not needed pursuant to this
719	section shall be subject to s. 120.569. The governing board
720	shall reevaluate such a determination at least once every 5
721	years and shall initiate a regional water supply plan, if
722	needed, pursuant to this subsection.
723	(2)  Each regional water supply plan shall be based on at
724	least a 20-year planning period and shall include, but not be
725	limited to:
726	(a)  A water supply development component for each water
727	supply planning region identified by the district that includes:
728	1.  A quantification of the water supply needs for all
729	existing and future reasonable-beneficial uses within the
730	planning horizon. The level-of-certainty planning goal
731	associated with identifying the water supply needs of existing
732	and future reasonable-beneficial uses shall be based upon
733	meeting those needs for a 1-in-10-year drought event. Population
734	projections used for determining public water supply needs must
735	be based upon the best available data. In determining the best
736	available data, the district shall consider the University of
737	Florida's Bureau of Economic and Business Research (BEBR) medium
738	population projections and any population projection data and
739	analysis submitted by a local government pursuant to the public
740	workshop described in subsection (1) if the data and analysis
741	support the local government's comprehensive plan. Any
742	adjustment of or deviation from the BEBR projections must be
743	fully described, and the original BEBR data must be presented
744	along with the adjusted data.
745	2.  A specific assessment of the impacts of minimum flows
746	and levels established pursuant to ss. 373.042 and 373.0421 and
747	reservations of water made pursuant to the provisions of s.
748	373.223(4) on the water supply needs of existing and future
749	reasonable-beneficial uses during the planning period together
750	with an estimation of the amount of water needed to offset such
751	impacts, based upon the most recent and up-to-date
752	professionally accepted data, and how and when such impacts can
753	be offset and whether and what, if any, new alternative water
754	supplies will be needed to offset such impacts.
755	3.  A list of water supply development project options,
756	including traditional and alternative water supply project
757	options, from which local government, government-owned and
758	privately owned utilities, self-suppliers, and others may choose
759	for water supply development. The total capacity of the project
760	options, in conjunction with water conservation and other demand
761	management measures, and taking into account the estimated
762	amount of water needed to offset impacts pursuant to
763	subparagraph 2., shall exceed the needs identified in
764	subparagraph 1. Where applicable, the plan should specifically
765	identify the need for multi-jurisdictional approaches to project
766	options that, based on planning level analysis, are appropriate
767	to supply the intended uses and, based on such analysis, appear
768	to be permissible and financially and technically feasible.
769	4.  For each project option identified in subparagraph 3.,
770	the following shall be provided:
771	a.  An estimate of the amount of water to become available
772	through the project.
773	b.  The timetable in which the project option should be
774	implemented to provide sustainable water supplies adequate to
775	meet existing and future anticipated uses, including
776	environmental uses, and estimated costs for capital investment
777	and operating and maintaining the project.
778	c.  An analysis of funding needs and sources of possible
779	funding options.
780	d.  Who should implement each project option and, for each
781	entity or entities identified to implement, the current status
782	of those entities in implementing the project option.
783	(b)  A water resource development component that includes:
784	1.  A listing of those water resource development projects
785	that support water supply development.
786	2.  For each water resource development project listed:
787	a.  An estimate of the amount of water to become available
788	through the project.
789	b.  The timetable for implementing or constructing the
790	project and the estimated costs for implementing, operating, and
791	maintaining the project.
792	c.  Sources of funding and funding needs.
793	d.  Who will implement the project and how it will be
794	implemented.
795	(c)  The recovery and prevention strategy described in s.
796	373.0421(2).
797	(d)  A funding strategy for water resource development
798	projects, which shall be reasonable and sufficient to pay the
799	cost of constructing or implementing all of the listed projects.
800	(e)  Consideration of how the project options addressed in
801	paragraph (a) serve the public interest or save costs overall by
802	preventing the loss of natural resources or avoiding greater
803	future expenditures for water resource development or water
804	supply development. However, unless adopted by rule, these
805	considerations do not constitute final agency action.
806	(f)  The technical data and information applicable to each
807	planning region which are necessary to support the regional
808	water supply plan.
809	(g)  The minimum flows and levels established for water
810	resources within each planning region.
811	(h)  Reservations of water adopted by rule pursuant to s.
812	373.223(4) within each planning region.
813	(i)  Identification of surface waters or aquifers for which
814	minimum flows and levels are scheduled to be adopted.
815	(j)  An analysis, developed in cooperation with the
816	department, of areas or instances in which the variance
817	provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to
818	create water supply development or water resource development
819	projects.
820	(3)  The water supply development component of a regional
821	water supply plan which deals with or affects public utilities
822	and public water supply for those areas served by a regional
823	water supply authority and its member governments within the
824	boundary of the Southwest Florida Water Management District
825	shall be developed jointly by the authority and the district. In
826	areas not served by regional water supply authorities or other
827	multi-jurisdictional water supply entities and where
828	opportunities exist to meet water supply needs more efficiently
829	through multi-jurisdictional projects identified pursuant to s.
830	373.713(2)(a)3., water management districts are directed to
831	assist in developing multi-jurisdictional approaches to water
832	supply project development jointly with affected water
833	utilities, special districts, and local governments.
834	(4)  Governing board approval of a regional water supply
835	plan shall not be subject to the rulemaking requirements of
836	chapter 120. However, any portion of an approved regional water
837	supply plan which affects the substantial interests of a party
838	shall be subject to s. 120.569.
839	(5)  Annually and in conjunction with the reporting
840	requirements of s. 373.536(6)(a)4., the department shall submit
841	to the Governor and the Legislature a report on the status of
842	regional water supply planning in each district. The report
843	shall include:
844	(a)  A compilation of the estimated costs of and potential
845	sources of funding for water resource development and water
846	supply development projects as identified in the water
847	management district regional water supply plans.
848	(b)  The percentage and amount, by district, of district ad
849	valorem tax revenues or other district funds made available to
850	develop alternative water supplies as defined in s. 373.703(1).
851	(c)  A description of each district's progress toward
852	achieving its water resource development objectives, including
853	the district's implementation of its 5-year water resource
854	development work program.
855	(d)  An assessment of the specific progress being made to
856	implement each water supply project option chosen by the
857	entities identified for implementation in the plan, including
858	the following: an explanation of how each project chosen for
859	implementation by one or more entities will produce additional
860	water available for consumptive uses; an estimate of the
861	quantity of water to be produced by each project being
862	implemented; and the status of project implementation, including
863	development of the financial plan, facilities master planning,
864	permitting, and efforts in coordinating multi-jurisdictional
865	projects.
866	(6)  Nothing contained in the water supply development
867	component of a regional water supply plan shall be construed to
868	require local governments, government-owned or privately owned
869	water utilities, special districts, self-suppliers, or other
870	water suppliers to select a water supply development project
871	identified in the component merely because it is identified in
872	the plan. Except as provided in s. 373.223(5) and 373.236(4),
873	the plan may not be used in the review of permits under part II
874	unless the plan, or an applicable portion thereof, has been
875	adopted by rule. However, this subsection neither prohibits a
876	water management district from employing the data or other
877	information used to establish the plan in reviewing permits
878	under part II nor limits the authority of the department or
879	governing board under part II.
880	(7)  Where the water supply component of a water supply
881	planning region shows the need for one or more alternative water
882	supply projects, the district shall notify the affected local
883	governments and make every reasonable effort to educate and
884	involve local public officials in working toward solutions in
885	conjunction with the districts and, where appropriate, other
886	local and regional water supply entities.
887	(a)  Within 6 months following approval of its regional
888	water supply plan update, each water management district shall
889	appear before and present to the entities identified in s.
890	373.713(2)(a)4.d. that portion of the plan relevant to such
891	entity.
892	(b)  Within 1 year of the water management district
893	presentation in subsection (7), each entity identified in s.
894	373.713(2)(a)4.d. shall provide written notification to the
895	water management district of the following: the water supply
896	project option(s) that it intends to develop; its timetable for
897	development of a master facility plan, a financial plan, and
898	acquisition of permits; and any other entities it intends to
899	cooperate with on implementation. The information provided in
900	the notification shall be updated on an annual basis, and a
901	progress report shall be provided each December to the water
902	management district. If an entity proposes a water supply
903	project that is not in the plan, then the entity shall request
904	that the water management district consider the project for
905	inclusion in the regional water supply plan.
906	Section 8.  Section 373.715, Florida Statutes, is created
907	to read:
908	373.715  Technical assistance to local governments.--
909	(1)  The water management districts shall assist local
910	governments in the development and future revision of local
911	government comprehensive plan elements or public facilities
912	report, as required by s. 189.415, related to water supply
913	issues by annually providing to all local governments within the
914	jurisdiction current, relevant information, including, but not
915	limited to:
916	(a)  Information and data to assist local governments in
917	preparation of the 10-year work plan required to be included in
918	the local government comprehensive plan pursuant to paragraph
919	163.3177(6)(c).
920	(b)  A description of regulations, programs, and schedules
921	implemented by the district.
922	(c)  A description of groundwater characteristics,
923	including existing and planned wellfield sites, existing and
924	anticipated cones of influence, highly productive groundwater
925	areas, aquifer recharge areas, deep well injection zones,
926	contaminated areas, an assessment of regional water resource
927	needs and sources for the next 20 years, and water quality.
928	(d)  Information reflecting the existing minimum flows for
929	surface watercourses to avoid harm to water resources or the
930	ecosystem and information reflecting the existing minimum water
931	levels for aquifers to avoid harm to water resources or the
932	ecosystem.
933	(e)  Information reflecting existing reservations of water
934	for the protection of fish and wildlife or the public health and
935	safety pursuant to s. 373.223(4).
936	(f)  Identification of surface waters and aquifers for
937	which minimum flows and levels are scheduled to be adopted.
938	(2)  Upon request, the district shall provide technical
939	assistance to local governments in the development of water
940	supply development project options identified in s.
941	373.713(2)(a).
942	Section 9.  Section 373.717, Florida Statutes, is created
943	to read:
944	373.717  Regional water supply authorities.--
945	(1)  By interlocal agreement between counties,
946	municipalities, or special districts, as applicable pursuant to
947	the Florida Interlocal Cooperation Act of 1969 and s. 163.01 and
948	upon the approval of the Secretary of Environmental Protection
949	to ensure that such agreement will be in the public interest and
950	complies with the intent and purposes of this act, regional
951	water supply authorities may be created for the purpose of
952	developing, recovering, storing, and supplying water for county
953	or municipal purposes in such a manner as will give priority to
954	reducing adverse environmental effects of excessive or improper
955	withdrawals of water from concentrated areas. In approving said
956	agreement, the Secretary of Environmental Protection shall
957	consider, but not be limited to, the following:
958	(a)  Whether the geographic territory of the proposed
959	authority is of sufficient size and character to reduce the
960	environmental effects of improper or excessive withdrawals of
961	water from concentrated areas.
962	(b)  The maximization of economic development of the water
963	resources within the territory of the proposed authority.
964	(c)  The availability of a dependable and adequate water
965	supply.
966	(d)  The ability of any proposed authority to design,
967	construct, operate, and maintain water supply facilities in the
968	locations and at the times necessary to ensure that an adequate
969	water supply will be available to all citizens within the
970	authority.
971	(e)  The effect or impact of any proposed authority on any
972	municipality, county, or existing authority or authorities.
973	(f)  The existing needs of the water users within the area
974	of the authority.
975	(2)  In addition to other powers and duties agreed upon and
976	notwithstanding the provisions of s. 163.01, such authority may:
977	(a)  Upon approval of the electors residing in each county
978	or municipality within the territory to be included in any
979	authority, levy ad valorem taxes, not to exceed 0.5 mill,
980	pursuant to s. 9(b), Art. VII of the State Constitution. No tax
981	authorized by this paragraph shall be levied in any county or
982	municipality without an affirmative vote of the electors
983	residing in such county or municipality.
984	(b)  Acquire water; develop, store, and transport water;
985	provide, sell, and deliver water for county or municipal uses
986	and purposes; and provide for the furnishing of such water and
987	water service upon terms and conditions and at rates which will
988	apportion to parties and nonparties an equitable share of the
989	capital cost and operating expense of the authority's work to
990	the purchaser.
991	(c)  Collect, treat, and recover waste water.
992	(d)  Not engage in local distribution.
993	(e)  Exercise the power of eminent domain in the manner
994	provided by law for the condemnation of private property for
995	public use to acquire title to such interest in real property as
996	is necessary to the exercise of the powers herein granted,
997	except water already devoted to reasonable and beneficial use or
998	any water production or transmission facilities owned by any
999	county or municipality.
1000	(f)  Issue revenue bonds in the manner prescribed by the
1001	Revenue Bond Act of 1953, as amended, part I, chapter 159, to be
1002	payable solely from funds derived from the sale of water by the
1003	authority to any county or municipality. Such bonds may be
1004	additionally secured by the full faith and credit of any county
1005	or municipality, as provided by s. 159.16, or by a pledge of
1006	excise taxes, as provided by s. 159.19. For the purpose of
1007	issuing revenue bonds, an authority shall be considered a
1008	"unit," as defined in s. 159.02(2), and as that term is used in
1009	the Revenue Bond Act of 1953, as amended. Such bonds may be
1010	issued to finance the cost of acquiring properties and
1011	facilities for the production and transmission of water by the
1012	authority to any county or municipality, which cost shall
1013	include the acquisition of real property and easements therein
1014	for such purposes. Such bonds may be in the form of refunding
1015	bonds to take up any outstanding bonds of the authority or of
1016	any county or municipality where such outstanding bonds are
1017	secured by properties and facilities for production and
1018	transmission of water, which properties and facilities are being
1019	acquired by the authority. Refunding bonds may be issued to take
1020	up and refund all outstanding bonds of said authority that are
1021	subject to call and termination and all bonds of said authority
1022	that are not subject to call or redemption when the surrender of
1023	said bonds can be procured from the holder thereof at prices
1024	satisfactory to the authority. Such refunding bonds may be
1025	issued at any time when, in the judgment of the authority, it
1026	will be to the best interest of the authority financially or
1027	economically by securing a lower rate of interest on said bonds
1028	or by extending the time of maturity of said bonds or, for any
1029	other reason, in the judgment of the authority, advantageous to
1030	said authority.
1031	(g)  Sue and be sued in its own name.
1032	(h)  Borrow money and incur indebtedness and issue bonds or
1033	other evidence of such indebtedness.
1034	(i)  Join with one or more other public corporations for
1035	the purpose of carrying out any of its powers and, for that
1036	purpose, to contract with such other public corporation or
1037	corporations for the purpose of financing such acquisitions,
1038	construction, and operations. Such contracts may provide for
1039	contributions to be made by each party thereto, for the division
1040	and apportionment of the expenses of such acquisitions and
1041	operations and for the division and apportionment of the
1042	benefits, services, and products therefrom. Such contract may
1043	contain such other and further covenants and agreements as may
1044	be necessary and convenient to accomplish the purposes hereof.
1045	(3)  A regional water supply authority is authorized to
1046	develop, construct, operate, maintain, or contract for
1047	alternative sources of potable water, including desalinated
1048	water, and pipelines to interconnect authority sources and
1049	facilities, either by itself or jointly with a water management
1050	district; however, such alternative potable water sources,
1051	facilities, and pipelines may also be privately developed,
1052	constructed, owned, operated, and maintained, in which event an
1053	authority and a water management district are authorized to
1054	pledge and contribute their funds to reduce the wholesale cost
1055	of water from such alternative sources of potable water supplied
1056	by an authority to its member governments.
1057	(4)  When it is found to be in the public interest, for the
1058	public convenience and welfare, for a public benefit, and
1059	necessary for carrying out the purpose of any regional water
1060	supply authority, any state agency, county, water control
1061	district existing pursuant to chapter 298, water management
1062	district existing pursuant to this chapter, municipality,
1063	governmental agency, or public corporation in this state holding
1064	title to any interest in land is hereby authorized, in its
1065	discretion, to convey the title to or dedicate land, title to
1066	which is in such entity, including tax-reverted land, or to
1067	grant use-rights therein, to any regional water supply authority
1068	created pursuant to this section. Land granted or conveyed to
1069	such authority shall be for the public purposes of such
1070	authority and may be made subject to the condition that in the
1071	event said land is not so used, or if used and subsequently its
1072	use for said purpose is abandoned, the interest granted shall
1073	cease as to such authority and shall automatically revert to the
1074	granting entity.
1075	(5)  Each county, municipality, or special district which
1076	is a party to an agreement pursuant to subsection (1) shall have
1077	a preferential right to purchase water from the regional water
1078	supply authority for use by such county, municipality, or
1079	special district.
1080	(6)  In carrying out the provisions of this section, any
1081	county wherein water is withdrawn by the authority shall not be
1082	deprived, directly or indirectly, of the prior right to the
1083	reasonable and beneficial use of water which is required
1084	adequately to supply the reasonable and beneficial needs of the
1085	county or any of the inhabitants or property owners therein.
1086	(7)  Upon a resolution adopted by the governing body of any
1087	county or municipality, the authority may, subject to a majority
1088	vote of its voting members, include such county or municipality
1089	in its regional water supply authority upon such terms and
1090	conditions as may be prescribed.
1091	(8)  The authority shall design, construct, operate, and
1092	maintain facilities in the locations and at the times necessary
1093	to ensure that an adequate water supply will be available to all
1094	citizens within the authority.
1095	(9)  Where a water supply authority exists pursuant to this
1096	section or s. 373.719 under a voluntary interlocal agreement
1097	that is consistent with requirements in s. 373.719(1)(b) and
1098	receives or maintains consumptive use permits under this
1099	voluntary agreement consistent with the water supply plan, if
1100	any, adopted by the governing board, such authority shall be
1101	exempt from consideration by the governing board or department
1102	of the factors specified in s. 373.223(3)(a)-(g) and the
1103	submissions required by s. 373.229(3). Such exemptions shall
1104	apply only to water sources within the jurisdictional areas of
1105	such voluntary water supply interlocal agreements.
1106	Section 10.  Section 373.719, Florida Statutes, is created
1107	to read:
1108	373.719  Assistance to Tampa Bay Water.--
1109	(1)  It is the intent of the Legislature to authorize the
1110	implementation of changes in governance recommended by the West
1111	Coast Regional Water Supply Authority, the predecessor to Tampa
1112	Bay Water, in its reports to the Legislature dated February 1,
1113	1997, and January 5, 1998. The authority and its member
1114	governments may reconstitute the authority's governance and
1115	rename the authority under a voluntary interlocal agreement with
1116	a term of not less than 20 years. The interlocal agreement must
1117	comply with this subsection as follows:
1118	(a)  The authority and its member governments agree that
1119	cooperative efforts are mandatory to meet their water needs in a
1120	manner that will provide adequate and dependable supplies of
1121	water where needed without resulting in adverse environmental
1122	effects upon the areas from which the water is withdrawn or
1123	otherwise produced.
1124	(b)  In accordance with s. 4, Art. VIII of the State
1125	Constitution and notwithstanding s. 163.01, the interlocal
1126	agreement may include the following terms, which are considered
1127	approved by the parties without a vote of their electors, upon
1128	execution of the interlocal agreement by all member governments
1129	and upon satisfaction of all conditions precedent in the
1130	interlocal agreement:
1131	1.  All member governments shall relinquish to the
1132	authority their individual rights to develop potable water
1133	supply sources, except as otherwise provided in the interlocal
1134	agreement.
1135	2.  The authority shall be the sole and exclusive wholesale
1136	potable water supplier for all member governments.
1137	3.  The authority shall have the absolute and unequivocal
1138	obligation to meet the wholesale needs of the member governments
1139	for potable water.
1140	4.  A member government may not restrict or prohibit the
1141	use of land within a member's jurisdictional boundaries by the
1142	authority for water supply purposes through use of zoning, land
1143	use, comprehensive planning, or other form of regulation.
1144	5.  A member government may not impose any tax, fee, or
1145	charge upon the authority in conjunction with the production or
1146	supply of water not otherwise provided for in the interlocal
1147	agreement.
1148	6.  The authority may use the powers provided in part II of
1149	chapter 159 for financing and refinancing water treatment,
1150	production, or transmission facilities, including, but not
1151	limited to, desalination facilities. All such water treatment,
1152	production, or transmission facilities are considered a
1153	"manufacturing plant" for purposes of s. 159.27(5) and serve a
1154	paramount public purpose by providing water to citizens of the
1155	state.
1156	7.  A member government and any governmental or quasi-
1157	judicial board or commission established by local ordinance or
1158	general or special law where the governing membership of such
1159	board or commission is shared, in whole or in part, or appointed
1160	by a member government agreeing to be bound by the interlocal
1161	agreement shall be limited to the procedures set forth therein
1162	regarding actions that directly or indirectly restrict or
1163	prohibit the use of lands or other activities related to the
1164	production or supply of water.
1165	(c)  The authority shall acquire full or lesser interests
1166	in all regionally significant member government wholesale water
1167	supply facilities and tangible assets and each member government
1168	shall convey such interests in the facilities and assets to the
1169	authority, at an agreed value.
1170	(d)  The authority shall charge a uniform per gallon
1171	wholesale rate to member governments for the wholesale supply of
1172	potable water. All capital, operation, maintenance, and
1173	administrative costs for existing facilities and acquired
1174	facilities, authority master water plan facilities, and other
1175	future projects must be allocated to member governments based on
1176	water usage at the uniform per gallon wholesale rate.
1177	(e)  The interlocal agreement may include procedures for
1178	resolving the parties' differences regarding water management
1179	district proposed agency action in the water use permitting
1180	process within the authority. Such procedures should minimize
1181	the potential for litigation and include alternative dispute
1182	resolution. Any governmental or quasi-judicial board or
1183	commission established by local ordinance or general or special
1184	law where the governing members of such board or commission is
1185	shared, in whole or in part, or appointed by a member government
1186	may agree to be bound by the dispute resolution procedures set
1187	forth in the interlocal agreement.
1188	(f)  Upon execution of the voluntary interlocal agreement
1189	provided for herein, the authority shall jointly develop with
1190	the Southwest Florida Water Management District alternative
1191	sources of potable water and transmission pipelines to
1192	interconnect regionally significant water supply sources and
1193	facilities of the authority in amounts sufficient to meet the
1194	needs of all member governments for a period of at least 20
1195	years and for natural systems. Nothing herein, however, shall
1196	preclude the authority and its member governments from
1197	developing traditional water sources pursuant to the voluntary
1198	interlocal agreement. Development and construction costs for
1199	alternative source facilities, which may include a desalination
1200	facility and significant regional interconnects, must be borne
1201	as mutually agreed to by both the authority and the Southwest
1202	Florida Water Management District. Nothing herein shall preclude
1203	authority or district cost sharing with private entities for the
1204	construction or ownership of alternative source facilities. By
1205	December 31, 1997, the authority and the Southwest Florida Water
1206	Management District shall:
1207	1.  Enter into a mutually acceptable agreement detailing
1208	the development and implementation of directives contained in
1209	this paragraph; or
1210	2.  Jointly prepare and submit to the President of the
1211	Senate and the Speaker of the House of Representatives a report
1212	describing the progress made and impediments encountered in
1213	their attempts to implement the water resource development and
1214	water supply development directives contained in this paragraph.
1215	Nothing in this section shall be construed to modify the rights
1216	or responsibilities of the authority or its member governments,
1217	except as otherwise provided herein, or of the Southwest Florida
1218	Water Management District or the department pursuant to this
1219	chapter or chapter 403 and as otherwise set forth by statutes.
1220	(g)  Unless otherwise provided in the interlocal agreement,
1221	the authority shall be governed by a board of commissioners
1222	consisting of nine voting members, all of whom must be elected
1223	officers, as follows:
1224	1.  Three members from Hillsborough County who must be
1225	selected by the county commission; provided, however, that one
1226	member shall be selected by the Mayor of Tampa in the event that
1227	the City of Tampa elects to be a member of the authority.
1228	2.  Three members from Pasco County, two of whom must be
1229	selected by the county commission and one of whom must be
1230	selected by the City Council of New Port Richey.
1231	3.  Three members from Pinellas County, two of whom must be
1232	selected by the county commission and one of whom must be
1233	selected by the City Council of St. Petersburg.
1234
1235	Except as otherwise provided in this section or in the voluntary
1236	interlocal agreement between the member governments, a majority
1237	vote shall bind the authority and its member governments in all
1238	matters relating to the funding of wholesale water supply,
1239	production, delivery, and related activities.
1240	(2)  The provisions of this section supersede any
1241	conflicting provisions contained in all other general or special
1242	laws or provisions thereof as they may apply directly or
1243	indirectly to the exclusivity of water supply or withdrawal of
1244	water, including provisions relating to the environmental
1245	effects, if any, in conjunction with the production and supply
1246	of potable water, and the provisions of this section are
1247	intended to be a complete revision of all laws related to a
1248	regional water supply authority created under s. 373.717 and
1249	this section.
1250	(3)  The authority shall prepare its annual budget in the
1251	same manner as prescribed for the preparation of basin budgets,
1252	but such authority budget shall not be subject to review by the
1253	respective basin boards or by the governing board of the
1254	district.
1255	(4)  The annual millage for the authority shall be the
1256	amount required to raise the amount called for by the annual
1257	budget when applied to the total assessment on all taxable
1258	property within the limits of the authority, as determined for
1259	county taxing purposes.
1260	(5)  The authority may, by resolution, request the
1261	governing board of the district to levy ad valorem taxes within
1262	the boundaries of the authority. Upon receipt of such request,
1263	together with formal certification of the adoption of its annual
1264	budget and of the required tax levy, the authority tax levy
1265	shall be made by the governing board of the district to finance
1266	authority functions.
1267	(6)  The taxes provided for in this section shall be
1268	extended by the property appraiser on the county tax roll in
1269	each county within, or partly within, the authority boundaries
1270	and shall be collected by the tax collector in the same manner
1271	and time as county taxes, and the proceeds therefrom paid to the
1272	district, which shall forthwith pay them over to the authority.
1273	Until paid, such taxes shall be a lien on the property against
1274	which assessed and enforceable in like manner as county taxes.
1275	The property appraisers, tax collectors, and clerks of the
1276	circuit court of the respective counties shall be entitled to
1277	compensation for services performed in connection with such
1278	taxes at the same rates as apply to county taxes.
1279	(7)  The governing board of the district shall not be
1280	responsible for any actions or lack of actions by the authority.
1281	(8)  A regional water supply authority created pursuant to
1282	this section may not transfer water from within the boundaries
1283	of a non-member local government without prior consent of the
1284	non-member local government.
1285	Section 11.  Subsection (12) of section 120.52, Florida
1286	Statutes, is amended to read:
1287	120.52  Definitions.--As used in this act:
1288	(12)  "Party" means:
1289	(a)  Specifically named persons whose substantial interests
1290	are being determined in the proceeding.
1291	(b)  Any other person who, as a matter of constitutional
1292	right, provision of statute, or provision of agency regulation,
1293	is entitled to participate in whole or in part in the
1294	proceeding, or whose substantial interests will be affected by
1295	proposed agency action, and who makes an appearance as a party.
1296	(c)  Any other person, including an agency staff member,
1297	allowed by the agency to intervene or participate in the
1298	proceeding as a party. An agency may by rule authorize limited
1299	forms of participation in agency proceedings for persons who are
1300	not eligible to become parties.
1301	(d)  Any county representative, agency, department, or unit
1302	funded and authorized by state statute or county ordinance to
1303	represent the interests of the consumers of a county, when the
1304	proceeding involves the substantial interests of a significant
1305	number of residents of the county and the board of county
1306	commissioners has, by resolution, authorized the representative,
1307	agency, department, or unit to represent the class of interested
1308	persons. The authorizing resolution shall apply to a specific
1309	proceeding and to appeals and ancillary proceedings thereto, and
1310	it shall not be required to state the names of the persons whose
1311	interests are to be represented.
1312
1313	The term "party" does not include a member government of a
1314	regional water supply authority or a governmental or quasi-
1315	judicial board or commission established by local ordinance or
1316	special or general law where the governing membership of such
1317	board or commission is shared with, in whole or in part, or
1318	appointed by a member government of a regional water supply
1319	authority in proceedings under s. 120.569, s. 120.57, or s.
1320	120.68, to the extent that an interlocal agreement under ss.
1321	163.01 and 373.717 373.1962 exists in which the member
1322	government has agreed that its substantial interests are not
1323	affected by the proceedings or that it is to be bound by
1324	alternative dispute resolution in lieu of participating in the
1325	proceedings. This exclusion applies only to those particular
1326	types of disputes or controversies, if any, identified in an
1327	interlocal agreement.
1328	Section 12.  Subsection (13) of section 163.3167, Florida
1329	Statutes, is amended to read:
1330	163.3167  Scope of act.--
1331	(13)  Each local government shall address in its
1332	comprehensive plan, as enumerated in this chapter, the water
1333	supply sources necessary to meet and achieve the existing and
1334	projected water use demand for the established planning period,
1335	considering the applicable plan developed pursuant to s. 373.713
1336	373.0361.
1337	Section 13.  Paragraph (a) of subsection (4) and paragraphs
1338	(c), (d), and (h) of subsection (6) of section 163.3177, Florida
1339	Statutes, are amended to read:
1340	163.3177  Required and optional elements of comprehensive
1341	plan; studies and surveys.--
1342	(4)(a)  Coordination of the local comprehensive plan with
1343	the comprehensive plans of adjacent municipalities, the county,
1344	adjacent counties, or the region; with the appropriate water
1345	management district's regional water supply plans approved
1346	pursuant to s. 373.713 373.0361; with adopted rules pertaining
1347	to designated areas of critical state concern; and with the
1348	state comprehensive plan shall be a major objective of the local
1349	comprehensive planning process. To that end, in the preparation
1350	of a comprehensive plan or element thereof, and in the
1351	comprehensive plan or element as adopted, the governing body
1352	shall include a specific policy statement indicating the
1353	relationship of the proposed development of the area to the
1354	comprehensive plans of adjacent municipalities, the county,
1355	adjacent counties, or the region and to the state comprehensive
1356	plan, as the case may require and as such adopted plans or plans
1357	in preparation may exist.
1358	(6)  In addition to the requirements of subsections (1)-
1359	(5), the comprehensive plan shall include the following
1360	elements:
1361	(c)  A general sanitary sewer, solid waste, drainage,
1362	potable water, and natural groundwater aquifer recharge element
1363	correlated to principles and guidelines for future land use,
1364	indicating ways to provide for future potable water, drainage,
1365	sanitary sewer, solid waste, and aquifer recharge protection
1366	requirements for the area. The element may be a detailed
1367	engineering plan including a topographic map depicting areas of
1368	prime groundwater recharge. The element shall describe the
1369	problems and needs and the general facilities that will be
1370	required for solution of the problems and needs. The element
1371	shall also include a topographic map depicting any areas adopted
1372	by a regional water management district as prime groundwater
1373	recharge areas for the Floridan or Biscayne aquifers, pursuant
1374	to s. 373.0395. These areas shall be given special consideration
1375	when the local government is engaged in zoning or considering
1376	future land use for said designated areas. For areas served by
1377	septic tanks, soil surveys shall be provided which indicate the
1378	suitability of soils for septic tanks. By December 1, 2006, the
1379	element must consider the appropriate water management
1380	district's regional water supply plan approved pursuant to s.
1381	373.713 373.0361. The element must include a work plan, covering
1382	at least a 10-year planning period, for building water supply
1383	facilities that are identified in the element as necessary to
1384	serve existing and new development and for which the local
1385	government is responsible. The work plan shall be updated, at a
1386	minimum, every 5 years within 12 months after the governing
1387	board of a water management district approves an updated
1388	regional water supply plan. Amendments to incorporate the work
1389	plan do not count toward the limitation on the frequency of
1390	adoption of amendments to the comprehensive plan.
1391	(d)  A conservation element for the conservation, use, and
1392	protection of natural resources in the area, including air,
1393	water, water recharge areas, wetlands, waterwells, estuarine
1394	marshes, soils, beaches, shores, flood plains, rivers, bays,
1395	lakes, harbors, forests, fisheries and wildlife, marine habitat,
1396	minerals, and other natural and environmental resources. Local
1397	governments shall assess their current, as well as projected,
1398	water needs and sources for at least a 10-year period,
1399	considering the appropriate regional water supply plan approved
1400	pursuant to s. 373.713 373.0361, or, in the absence of an
1401	approved regional water supply plan, the district water
1402	management plan approved pursuant to s. 373.707 373.036(2). This
1403	information shall be submitted to the appropriate agencies. The
1404	land use map or map series contained in the future land use
1405	element shall generally identify and depict the following:
1406	1.  Existing and planned waterwells and cones of influence
1407	where applicable.
1408	2.  Beaches and shores, including estuarine systems.
1409	3.  Rivers, bays, lakes, flood plains, and harbors.
1410	4.  Wetlands.
1411	5.  Minerals and soils.
1412
1413	The land uses identified on such maps shall be consistent with
1414	applicable state law and rules.
1415	(h)1.  An intergovernmental coordination element showing
1416	relationships and stating principles and guidelines to be used
1417	in the accomplishment of coordination of the adopted
1418	comprehensive plan with the plans of school boards and other
1419	units of local government providing services but not having
1420	regulatory authority over the use of land, with the
1421	comprehensive plans of adjacent municipalities, the county,
1422	adjacent counties, or the region, with the state comprehensive
1423	plan and with the applicable regional water supply plan approved
1424	pursuant to s. 373.713 373.0361, as the case may require and as
1425	such adopted plans or plans in preparation may exist. This
1426	element of the local comprehensive plan shall demonstrate
1427	consideration of the particular effects of the local plan, when
1428	adopted, upon the development of adjacent municipalities, the
1429	county, adjacent counties, or the region, or upon the state
1430	comprehensive plan, as the case may require.
1431	a.  The intergovernmental coordination element shall
1432	provide for procedures to identify and implement joint planning
1433	areas, especially for the purpose of annexation, municipal
1434	incorporation, and joint infrastructure service areas.
1435	b.  The intergovernmental coordination element shall
1436	provide for recognition of campus master plans prepared pursuant
1437	to s. 1013.30.
1438	c.  The intergovernmental coordination element may provide
1439	for a voluntary dispute resolution process as established
1440	pursuant to s. 186.509 for bringing to closure in a timely
1441	manner intergovernmental disputes. A local government may
1442	develop and use an alternative local dispute resolution process
1443	for this purpose.
1444	2.  The intergovernmental coordination element shall
1445	further state principles and guidelines to be used in the
1446	accomplishment of coordination of the adopted comprehensive plan
1447	with the plans of school boards and other units of local
1448	government providing facilities and services but not having
1449	regulatory authority over the use of land. In addition, the
1450	intergovernmental coordination element shall describe joint
1451	processes for collaborative planning and decisionmaking on
1452	population projections and public school siting, the location
1453	and extension of public facilities subject to concurrency, and
1454	siting facilities with countywide significance, including
1455	locally unwanted land uses whose nature and identity are
1456	established in an agreement. Within 1 year of adopting their
1457	intergovernmental coordination elements, each county, all the
1458	municipalities within that county, the district school board,
1459	and any unit of local government service providers in that
1460	county shall establish by interlocal or other formal agreement
1461	executed by all affected entities, the joint processes described
1462	in this subparagraph consistent with their adopted
1463	intergovernmental coordination elements.
1464	3.  To foster coordination between special districts and
1465	local general-purpose governments as local general-purpose
1466	governments implement local comprehensive plans, each
1467	independent special district must submit a public facilities
1468	report to the appropriate local government as required by s.
1469	189.415.
1470	4.a.  Local governments adopting a public educational
1471	facilities element pursuant to s. 163.31776 must execute an
1472	interlocal agreement with the district school board, the county,
1473	and nonexempt municipalities, as defined by s. 163.31776(1),
1474	which includes the items listed in s. 163.31777(2). The local
1475	government shall amend the intergovernmental coordination
1476	element to provide that coordination between the local
1477	government and school board is pursuant to the agreement and
1478	shall state the obligations of the local government under the
1479	agreement.
1480	b.  Plan amendments that comply with this subparagraph are
1481	exempt from the provisions of s. 163.3187(1).
1482	5.  The state land planning agency shall establish a
1483	schedule for phased completion and transmittal of plan
1484	amendments to implement subparagraphs 1., 2., and 3. from all
1485	jurisdictions so as to accomplish their adoption by December 31,
1486	1999. A local government may complete and transmit its plan
1487	amendments to carry out these provisions prior to the scheduled
1488	date established by the state land planning agency. The plan
1489	amendments are exempt from the provisions of s. 163.3187(1).
1490	6.  By January 1, 2004, any county having a population
1491	greater than 100,000, and the municipalities and special
1492	districts within that county, shall submit a report to the
1493	Department of Community Affairs which:
1494	a.  Identifies all existing or proposed interlocal service-
1495	delivery agreements regarding the following: education; sanitary
1496	sewer; public safety; solid waste; drainage; potable water;
1497	parks and recreation; and transportation facilities.
1498	b.  Identifies any deficits or duplication in the provision
1499	of services within its jurisdiction, whether capital or
1500	operational. Upon request, the Department of Community Affairs
1501	shall provide technical assistance to the local governments in
1502	identifying deficits or duplication.
1503	7.  Within 6 months after submission of the report, the
1504	Department of Community Affairs shall, through the appropriate
1505	regional planning council, coordinate a meeting of all local
1506	governments within the regional planning area to discuss the
1507	reports and potential strategies to remedy any identified
1508	deficiencies or duplications.
1509	8.  Each local government shall update its
1510	intergovernmental coordination element based upon the findings
1511	in the report submitted pursuant to subparagraph 6. The report
1512	may be used as supporting data and analysis for the
1513	intergovernmental coordination element.
1514	9.  By February 1, 2003, representatives of municipalities,
1515	counties, and special districts shall provide to the Legislature
1516	recommended statutory changes for annexation, including any
1517	changes that address the delivery of local government services
1518	in areas planned for annexation.
1519	Section 14.  Paragraph (l) of subsection (2) of section
1520	163.3191, Florida Statutes, is amended to read:
1521	163.3191  Evaluation and appraisal of comprehensive plan.--
1522	(2)  The report shall present an evaluation and assessment
1523	of the comprehensive plan and shall contain appropriate
1524	statements to update the comprehensive plan, including, but not
1525	limited to, words, maps, illustrations, or other media, related
1526	to:
1527	(l)  The evaluation must consider the appropriate water
1528	management district's regional water supply plan approved
1529	pursuant to s. 373.713 373.0361. The potable water element must
1530	be revised to include a work plan, covering at least a 10-year
1531	planning period, for building any water supply facilities that
1532	are identified in the element as necessary to serve existing and
1533	new development and for which the local government is
1534	responsible.
1535	Section 15.  Paragraph (n) of subsection (2) of section
1536	186.009, Florida Statutes, is amended to read:
1537	186.009  Growth management portion of the state
1538	comprehensive plan.--
1539	(2)  The growth management portion of the state
1540	comprehensive plan shall:
1541	(n)  Set forth recommendations on how to integrate the
1542	Florida water plan required by s. 373.707 373.036 and
1543	transportation plans required by chapter 339.
1544
1545	The growth management portion of the state comprehensive plan
1546	shall not include a land use map.
1547	Section 16.  Paragraphs (c) and (d) of subsection (4) of
1548	section 189.404, Florida Statutes, are amended to read:
1549	189.404  Legislative intent for the creation of independent
1550	special districts; special act prohibitions; model elements and
1551	other requirements; general-purpose local government/Governor
1552	and Cabinet creation authorizations.--
1553	(4)  LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION
1554	AUTHORIZATIONS.--Except as otherwise authorized by general law,
1555	only the Legislature may create independent special districts.
1556	(c)  The Governor and Cabinet may create an independent
1557	special district which shall be established by rule in
1558	accordance with s. 190.005 or as otherwise authorized in general
1559	law. The Governor and Cabinet may also approve the establishment
1560	of a charter for the creation of an independent special district
1561	which shall be in accordance with s. 373.717 373.1962, or as
1562	otherwise authorized in general law.
1563	(d)1.  Any combination of two or more counties may create a
1564	regional special district which shall be established in
1565	accordance with s. 950.001, or as otherwise authorized in
1566	general law.
1567	2.  Any combination of two or more counties or
1568	municipalities may create a regional special district which
1569	shall be established in accordance with s. 373.717 373.1962, or
1570	as otherwise authorized by general law.
1571	3.  Any combination of two or more counties,
1572	municipalities, or other political subdivisions may create a
1573	regional special district in accordance with s. 163.567, or as
1574	otherwise authorized in general law.
1575	Section 17.  Subsection (3) of section 189.4155, Florida
1576	Statutes, is amended to read:
1577	189.4155  Activities of special districts; local government
1578	comprehensive planning.--
1579	(3)  The provisions of this section shall not apply to
1580	water management districts created pursuant to s. 373.069, to
1581	regional water supply authorities created pursuant to s. 373.717
1582	373.1962, or to spoil disposal sites owned or used by the
1583	Federal Government.
1584	Section 18.  Section 189.4156, Florida Statutes, is amended
1585	to read:
1586	189.4156  Water management district technical assistance;
1587	local government comprehensive planning.--Water management
1588	districts shall assist local governments in the development of
1589	local government comprehensive plan elements related to water
1590	resource issues as required by s. 373.715 373.0391.
1591	Section 19.  Subsection (7) of section 367.021, Florida
1592	Statutes, is amended to read:
1593	367.021  Definitions.--As used in this chapter, the
1594	following words or terms shall have the meanings indicated:
1595	(7)  "Governmental authority" means a political
1596	subdivision, as defined by s. 1.01(8), a regional water supply
1597	authority created pursuant to s. 373.717 373.1962, or a
1598	nonprofit corporation formed for the purpose of acting on behalf
1599	of a political subdivision with respect to a water or wastewater
1600	facility.
1601	Section 20.  Section 373.016, Florida Statutes, is amended
1602	to read:
1603	373.016  Declaration of policy.--
1604	(1)  The waters in the state are among its basic resources.
1605	Such waters have not heretofore been conserved or fully
1606	controlled so as to realize their full beneficial use.
1607	(2)  The department and the governing board shall take into
1608	account cumulative impacts on water resources and manage those
1609	resources in a manner to ensure their sustainability.
1610	(3)  It is further declared to be the policy of the
1611	Legislature:
1612	(a)  To provide for the management of water and related
1613	land resources;
1614	(b)  To promote the conservation, replenishment, recapture,
1615	enhancement, development, and proper utilization of surface and
1616	ground water;
1617	(c)  To develop and regulate dams, impoundments,
1618	reservoirs, and other works and to provide water storage for
1619	beneficial purposes;
1620	(d)  To promote the availability of sufficient water for
1621	all existing and future reasonable-beneficial uses and natural
1622	systems;
1623	(e)  To prevent damage from floods, soil erosion, and
1624	excessive drainage;
1625	(f)  To minimize degradation of water resources caused by
1626	the discharge of stormwater;
1627	(g)  To preserve natural resources, fish, and wildlife;
1628	(h)  To promote the public policy set forth in s. 403.021;
1629	(i)  To promote recreational development, protect public
1630	lands, and assist in maintaining the navigability of rivers and
1631	harbors; and
1632	(j)  Otherwise to promote the health, safety, and general
1633	welfare of the people of this state.
1634
1635	In implementing this chapter, the department and the governing
1636	board shall construe and apply the policies in this subsection
1637	as a whole, and no specific policy is to be construed or applied
1638	in isolation from the other policies in this subsection.
1639	(4)(a)  Because water constitutes a public resource
1640	benefiting the entire state, it is the policy of the Legislature
1641	that the waters in the state be managed on a state and regional
1642	basis. Consistent with this directive, the Legislature
1643	recognizes the need to allocate water throughout the state so as
1644	to meet all reasonable-beneficial uses. However, the Legislature
1645	acknowledges that such allocations have in the past adversely
1646	affected the water resources of certain areas in this state. To
1647	protect such water resources and to meet the current and future
1648	needs of those areas with abundant water, the Legislature
1649	directs the department and the water management districts to
1650	encourage the use of water from sources nearest the area of use
1651	or application whenever practicable. Such sources shall include
1652	all naturally occurring water sources and all alternative water
1653	sources, including, but not limited to, desalination,
1654	conservation, reuse of nonpotable reclaimed water and
1655	stormwater, and aquifer storage and recovery. Reuse of potable
1656	reclaimed water and stormwater shall not be subject to the
1657	evaluation described in s. 373.223(3)(a)-(g). However, this
1658	directive to encourage the use of water, whenever practicable,
1659	from sources nearest the area of use or application shall not
1660	apply to the transport and direct and indirect use of water
1661	within the area encompassed by the Central and Southern Florida
1662	Flood Control Project, nor shall it apply anywhere in the state
1663	to the transport and use of water supplied exclusively for
1664	bottled water as defined in s. 500.03(1)(d), nor shall it apply
1665	to the transport and use of reclaimed water for electrical power
1666	production by an electric utility as defined in section
1667	366.02(2).
1668	(b)  In establishing the policy outlined in paragraph (a),
1669	the Legislature realizes that under certain circumstances the
1670	need to transport water from distant sources may be necessary
1671	for environmental, technical, or economic reasons.
1672	(4)(5)  The Legislature recognizes that the water resource
1673	problems of the state vary from region to region, both in
1674	magnitude and complexity. It is therefore the intent of the
1675	Legislature to vest in the Department of Environmental
1676	Protection or its successor agency the power and responsibility
1677	to accomplish the conservation, protection, management, and
1678	control of the waters of the state and with sufficient
1679	flexibility and discretion to accomplish these ends through
1680	delegation of appropriate powers to the various water management
1681	districts. The department may exercise any power herein
1682	authorized to be exercised by a water management district;
1683	however, to the greatest extent practicable, such power should
1684	be delegated to the governing board of a water management
1685	district.
1686	(5)(6)  It is further declared the policy of the
1687	Legislature that each water management district, to the extent
1688	consistent with effective management practices, shall
1689	approximate its fiscal and budget policies and procedures to
1690	those of the state.
1691	Section 21.  Section 373.019, Florida Statutes, is amended
1692	to read:
1693	373.019  Definitions.--When appearing in this chapter or in
1694	any rule, regulation, or order adopted pursuant thereto, the
1695	following words shall, unless the context clearly indicates
1696	otherwise, mean:
1697	(1)  "Coastal waters" means waters of the Atlantic Ocean or
1698	the Gulf of Mexico within the jurisdiction of the state.
1699	(2)  "Department" means the Department of Environmental
1700	Protection or its successor agency or agencies.
1701	(3)  "District water management plan" means the regional
1702	water resource plan developed by a governing board under s.
1703	373.036.
1704	(4)  "Domestic use" means the use of water for the
1705	individual personal household purposes of drinking, bathing,
1706	cooking, or sanitation. All other uses shall not be considered
1707	domestic.
1708	(5)  "Florida water plan" means the state-level water
1709	resource plan developed by the department under s. 373.036.
1710	(6)  "Governing board" means the governing board of a water
1711	management district.
1712	(7)  "Groundwater" means water beneath the surface of the
1713	ground, whether or not flowing through known and definite
1714	channels.
1715	(8)  "Impoundment" means any lake, reservoir, pond, or
1716	other containment of surface water occupying a bed or depression
1717	in the earth's surface and having a discernible shoreline.
1718	(9)  "Independent scientific peer review" means the review
1719	of scientific data, theories, and methodologies by a panel of
1720	independent, recognized experts in the fields of hydrology,
1721	hydrogeology, limnology, and other scientific disciplines
1722	relevant to the matters being reviewed under s. 373.042.
1723	(10)  "Nonregulated use" means any use of water which is
1724	exempted from regulation by the provisions of this chapter.
1725	(11)  "Other watercourse" means any canal, ditch, or other
1726	artificial watercourse in which water usually flows in a defined
1727	bed or channel. It is not essential that the flowing be uniform
1728	or uninterrupted.
1729	(12)  "Person" means any and all persons, natural or
1730	artificial, including any individual, firm, association,
1731	organization, partnership, business trust, corporation, company,
1732	the United States of America, and the state and all political
1733	subdivisions, regions, districts, municipalities, and public
1734	agencies thereof. The enumeration herein is not intended to be
1735	exclusive or exhaustive.
1736	(13)  "Reasonable-beneficial use" means the use of water in
1737	such quantity as is necessary for economic and efficient
1738	utilization for a purpose and in a manner which is both
1739	reasonable and consistent with the public interest.
1740	(14)  "Regional water supply plan" means a detailed water
1741	supply plan developed by a governing board under s. 373.0361.
1742	(14)(15)  "Stream" means any river, creek, slough, or
1743	natural watercourse in which water usually flows in a defined
1744	bed or channel. It is not essential that the flowing be uniform
1745	or uninterrupted. The fact that some part of the bed or channel
1746	has been dredged or improved does not prevent the watercourse
1747	from being a stream.
1748	(15)(16)  "Surface water" means water upon the surface of
1749	the earth, whether contained in bounds created naturally or
1750	artificially or diffused. Water from natural springs shall be
1751	classified as surface water when it exits from the spring onto
1752	the earth's surface.
1753	(16)(17)  "Water" or "waters in the state" means any and
1754	all water on or beneath the surface of the ground or in the
1755	atmosphere, including natural or artificial watercourses, lakes,
1756	ponds, or diffused surface water and water percolating,
1757	standing, or flowing beneath the surface of the ground, as well
1758	as all coastal waters within the jurisdiction of the state.
1759	(17)(18)  "Water management district" means any flood
1760	control, resource management, or water management district
1761	operating under the authority of this chapter.
1762	(19)  "Water resource development" means the formulation
1763	and implementation of regional water resource management
1764	strategies, including the collection and evaluation of surface
1765	water and groundwater data; structural and nonstructural
1766	programs to protect and manage water resources; the development
1767	of regional water resource implementation programs; the
1768	construction, operation, and maintenance of major public works
1769	facilities to provide for flood control, surface and underground
1770	water storage, and groundwater recharge augmentation; and
1771	related technical assistance to local governments and to
1772	government-owned and privately owned water utilities.
1773	(18)(20)  "Water resource implementation rule" means the
1774	rule authorized by s. 373.707 373.036, which sets forth goals,
1775	objectives, and guidance for the development and review of
1776	programs, rules, and plans relating to water resources, based on
1777	statutory policies and directives. The waters of the state are
1778	among its most basic resources. Such waters should be managed to
1779	conserve and protect water resources and to realize the full
1780	beneficial use of these resources.
1781	(21)  "Water supply development" means the planning,
1782	design, construction, operation, and maintenance of public or
1783	private facilities for water collection, production, treatment,
1784	transmission, or distribution for sale, resale, or end use.
1785	(19)(22)  For the sole purpose of serving as the basis for
1786	the unified statewide methodology adopted pursuant to s.
1787	373.421(1), as amended, "wetlands" means those areas that are
1788	inundated or saturated by surface water or groundwater at a
1789	frequency and a duration sufficient to support, and under normal
1790	circumstances do support, a prevalence of vegetation typically
1791	adapted for life in saturated soils. Soils present in wetlands
1792	generally are classified as hydric or alluvial, or possess
1793	characteristics that are associated with reducing soil
1794	conditions. The prevalent vegetation in wetlands generally
1795	consists of facultative or obligate hydrophytic macrophytes that
1796	are typically adapted to areas having soil conditions described
1797	above. These species, due to morphological, physiological, or
1798	reproductive adaptations, have the ability to grow, reproduce,
1799	or persist in aquatic environments or anaerobic soil conditions.
1800	Florida wetlands generally include swamps, marshes, bayheads,
1801	bogs, cypress domes and strands, sloughs, wet prairies, riverine
1802	swamps and marshes, hydric seepage slopes, tidal marshes,
1803	mangrove swamps and other similar areas. Florida wetlands
1804	generally do not include longleaf or slash pine flatwoods with
1805	an understory dominated by saw palmetto. Upon legislative
1806	ratification of the methodology adopted pursuant to s.
1807	373.421(1), as amended, the limitation contained herein
1808	regarding the purpose of this definition shall cease to be
1809	effective.
1810	(20)(23)  "Works of the district" means those projects and
1811	works, including, but not limited to, structures, impoundments,
1812	wells, streams, and other watercourses, together with the
1813	appurtenant facilities and accompanying lands, which have been
1814	officially adopted by the governing board of the district as
1815	works of the district.
1816	Section 22.  Section 373.036, Florida Statutes, is amended
1817	to read:
1818	373.036  Florida water plan; district water management
1819	plans.--
1820	(1)  FLORIDA WATER PLAN.--In cooperation with the water
1821	management districts, regional water supply authorities, and
1822	others, the department shall develop the Florida water plan. The
1823	Florida water plan shall include, but not be limited to:
1824	(a)  The programs and activities of the department related
1825	to water supply, water quality, flood protection and floodplain
1826	management, and natural systems.
1827	(b)  The Florida water supply plan.
1828	(c)(b)  The water quality standards of the department.
1829	(d)(c)  The district water management plans.
1830	(e)(d)  Goals, objectives, and guidance for the development
1831	and review of programs, rules, and plans relating to water
1832	resources, based on statutory policies and directives. The state
1833	water policy rule, renamed the water resource implementation
1834	rule pursuant to s. 373.019(18)(20), shall serve as this part of
1835	the plan. Amendments or additions to this part of the Florida
1836	water plan shall be adopted by the department as part of the
1837	water resource implementation rule. In accordance with s.
1838	373.114, the department shall review rules of the water
1839	management districts for consistency with this rule. Amendments
1840	to the water resource implementation rule must be adopted by the
1841	secretary of the department and be submitted to the President of
1842	the Senate and the Speaker of the House of Representatives
1843	within 7 days after publication in the Florida Administrative
1844	Weekly. Amendments shall not become effective until the
1845	conclusion of the next regular session of the Legislature
1846	following their adoption.
1847	(2)  DISTRICT WATER MANAGEMENT PLANS.--
1848	(a)  Each governing board shall develop a district water
1849	management plan for water resources within its region, which
1850	plan addresses water supply, water quality, flood protection and
1851	floodplain management, and natural systems. The district water
1852	management plan shall be based on at least a 20-year planning
1853	period, shall be developed and revised in cooperation with other
1854	agencies, regional water supply authorities, units of
1855	government, and interested parties, and shall be updated at
1856	least once every 5 years. The governing board shall hold a
1857	public hearing at least 30 days in advance of completing the
1858	development or revision of the district water management plan.
1859	(b)  The district water management plan shall include, but
1860	not be limited to:
1861	1.  The district water supply plan.
1862	2.1.  The scientific methodologies for establishing minimum
1863	flows and levels under s. 373.042, and all established minimum
1864	flows and levels.
1865	2.  Identification of one or more water supply planning
1866	regions that singly or together encompass the entire district.
1867	3.  Technical data and information prepared under ss.
1868	373.0391 and 373.0395.
1869	4.  A districtwide water supply assessment, to be completed
1870	no later than July 1, 1998, which determines for each water
1871	supply planning region:
1872	a.  Existing legal uses, reasonably anticipated future
1873	needs, and existing and reasonably anticipated sources of water
1874	and conservation efforts; and
1875	b.  Whether existing and reasonably anticipated sources of
1876	water and conservation efforts are adequate to supply water for
1877	all existing legal uses and reasonably anticipated future needs
1878	and to sustain the water resources and related natural systems.
1879	5.  Any completed regional water supply plans.
1880	(c)  If necessary for implementation, the governing board
1881	shall adopt by rule or order relevant portions of the district
1882	water management plan, to the extent of its statutory authority.
1883	(d)  In the formulation of the district water management
1884	plan, the governing board shall give due consideration to:
1885	1.  The attainment of maximum reasonable-beneficial use of
1886	water resources.
1887	2.  The maximum economic development of the water resources
1888	consistent with other uses.
1889	1.3.  The management of water resources for such purposes
1890	as environmental protection, drainage, flood control, and water
1891	storage.
1892	4.  The quantity of water available for application to a
1893	reasonable-beneficial use.
1894	5.  The prevention of wasteful, uneconomical, impractical,
1895	or unreasonable uses of water resources.
1896	6.  Presently exercised domestic use and permit rights.
1897	2.7.  The preservation and enhancement of the water quality
1898	of the state.
1899	3.8.  The state water resources policy as expressed by this
1900	chapter.
1901	(3)  The department and governing board shall give careful
1902	consideration to the requirements of public recreation and to
1903	the protection and procreation of fish and wildlife. The
1904	department or governing board may prohibit or restrict other
1905	future uses on certain designated bodies of water which may be
1906	inconsistent with these objectives.
1907	(4)  The governing board may designate certain uses in
1908	connection with a particular source of supply which, because of
1909	the nature of the activity or the amount of water required,
1910	would constitute an undesirable use for which the governing
1911	board may deny a permit.
1912	(5)  The governing board may designate certain uses in
1913	connection with a particular source of supply which, because of
1914	the nature of the activity or the amount of water required,
1915	would result in an enhancement or improvement of the water
1916	resources of the area. Such uses shall be preferred over other
1917	uses in the event of competing applications under the permitting
1918	systems authorized by this chapter.
1919	(4)(6)  The department, in cooperation with the Executive
1920	Office of the Governor, or its successor agency, may add to the
1921	Florida water plan any other information, directions, or
1922	objectives it deems necessary or desirable for the guidance of
1923	the governing boards or other agencies in the administration and
1924	enforcement of this chapter.
1925	Section 23.  Subsection (6) is added to section 373.042,
1926	Florida Statutes, to read:
1927	373.042  Minimum flows and levels.--
1928	(6)  Notwithstanding the other provisions of this section,
1929	where a local water utility, water supply authority, or other
1930	water supply entity seeks to develop an alternative water supply
1931	project option identified in s. 373.713(2)(a)3., the minimum
1932	flow and level for the proposed source of water supply shall be
1933	added to the priority list developed by the district and
1934	approved by the department pursuant to s. 373.042(2), with an
1935	assigned schedule for the completion as determined by the
1936	district.
1937	Section 24.  Subsection (2) of section 373.0421, Florida
1938	Statutes, is amended to read:
1939	373.0421  Establishment and implementation of minimum flows
1940	and levels.--
1941	(2)  If the existing flow or level in a water body is
1942	below, or is projected to fall within 20 years below, the
1943	applicable minimum flow or level established pursuant to s.
1944	373.042, the department or governing board, as part of the
1945	regional water supply plan described in s. 373.713 373.0361,
1946	shall expeditiously implement a recovery or prevention strategy,
1947	which includes the development of additional water supplies and
1948	other actions, consistent with the authority granted by this
1949	chapter, to:
1950	(a)  Achieve recovery to the established minimum flow or
1951	level as soon as practicable; or
1952	(b)  Prevent the existing flow or level from falling below
1953	the established minimum flow or level.
1954
1955	The recovery or prevention strategy shall include phasing or a
1956	timetable which will allow for the provision of sufficient water
1957	supplies for all existing and projected reasonable-beneficial
1958	uses, including development of additional water supplies and
1959	implementation of conservation and other efficiency measures
1960	concurrent with, to the extent practical, and to offset,
1961	reductions in permitted withdrawals, consistent with the
1962	provisions of this chapter.
1963	Section 25.  Subsection (4) of section 373.0695, Florida
1964	Statutes, is amended to read:
1965	373.0695  Duties of basin boards; authorized
1966	expenditures.--
1967	(4)  In the exercise of the duties and powers granted
1968	herein, the basin boards shall be subject to all the limitations
1969	and restrictions imposed on the water management districts in s.
1970	373.705 373.1961.
1971	Section 26.  Subsection (3) of section 373.223, Florida
1972	Statutes, is amended, and subsection (5) is added to said
1973	section, to read:
1974	373.223  Conditions for a permit.--
1975	(3)  Except for the transport and use of water supplied by
1976	the Central and Southern Florida Flood Control Project, and
1977	anywhere in the state when the transport and use of water is
1978	supplied exclusively for bottled water as defined in s.
1979	500.03(1)(d), any water use permit applications pending as of
1980	April 1, 1998, with the Northwest Florida Water Management
1981	District and self-suppliers of water for which the proposed
1982	water source and area of use or application are located on
1983	contiguous private properties, when evaluating whether a
1984	potential transport and use of ground or surface water across
1985	county boundaries is consistent with the public interest,
1986	pursuant to paragraph (1)(c), the governing board or department
1987	shall consider:
1988	(a)  The proximity of the proposed water source to the area
1989	of use or application.
1990	(b)  All impoundments, streams, groundwater sources, or
1991	watercourses that are geographically closer to the area of use
1992	or application than the proposed source, and that are
1993	technically and economically feasible for the proposed transport
1994	and use.
1995	(c)  All economically and technically feasible alternatives
1996	to the proposed source, including, but not limited to,
1997	desalination, conservation, reuse of nonpotable reclaimed water
1998	and stormwater, and aquifer storage and recovery.
1999	(d)  The potential environmental impacts that may result
2000	from the transport and use of water from the proposed source,
2001	and the potential environmental impacts that may result from use
2002	of the other water sources identified in paragraphs (b) and (c).
2003	(e)  Whether existing and reasonably anticipated sources of
2004	water and conservation efforts are adequate to supply water for
2005	existing legal uses and reasonably anticipated future needs of
2006	the water supply planning region in which the proposed water
2007	source is located.
2008	(f)  Consultations with local governments affected by the
2009	proposed transport and use.
2010	(g)  The value of the existing capital investment in water-
2011	related infrastructure made by the applicant.
2012
2013	Where districtwide water supply assessments and regional water
2014	supply plans have been prepared pursuant to ss. 373.707 373.036
2015	and 373.713 373.0361, the governing board or the department
2016	shall use the applicable plans and assessments as the basis for
2017	its consideration of the applicable factors in this subsection.
2018	(5)  In the event that a local or regional water supply
2019	utility, water supply authority, or other multi-jurisdictional
2020	water supply entity demonstrates the ability to design,
2021	construct, operate, and maintain one or more alternative water
2022	supply projects identified by the district, pursuant to s.
2023	373.713(2)(a)3., or in the event that, at the request of the
2024	district, two or more water utilities organized into a larger
2025	water supply entity for the purpose of achieving the ability to
2026	develop an alternative water supply project as defined in s.
2027	373.713(2)(a)3., the alternative water supply use shall be
2028	presumed to be consistent with the public interest pursuant to
2029	the requirements of subsection (1), provided appropriate
2030	provisions are made to allow for future connections with
2031	surrounding utilities. Nothing in this subsection shall be
2032	construed to exempt the use of alternative water supply sources
2033	from the provisions of s. 373.223(2) and (3).
2034	Section 27.  Section 373.2234, Florida Statutes, is amended
2035	to read:
2036	373.2234  Preferred water supply sources.--The governing
2037	board of a water management district is authorized to adopt
2038	rules that identify preferred water supply sources for
2039	consumptive uses for which there is sufficient data to establish
2040	that a preferred source will provide a substantial new water
2041	supply to meet the existing and projected reasonable-beneficial
2042	uses of a water supply planning region identified pursuant to s.
2043	373.713 373.0361(1), while sustaining existing water resources
2044	and natural systems. At a minimum, such rules must contain a
2045	description of the preferred water supply source and an
2046	assessment of the water the preferred source is projected to
2047	produce. If an applicant proposes to use a preferred water
2048	supply source, that applicant's proposed water use is subject to
2049	s. 373.223(1), except that the proposed use of a preferred water
2050	supply source must be considered by a water management district
2051	when determining whether a permit applicant's proposed use of
2052	water is consistent with the public interest pursuant to s.
2053	373.223(1)(c). A consumptive use permit issued for the use of a
2054	preferred water supply source must be granted, when requested by
2055	the applicant, for at least a 20-year period and may be subject
2056	to the compliance reporting provisions of s. 373.236(3). Nothing
2057	in this section shall be construed to exempt the use of
2058	preferred water supply sources from the provisions of ss.
2059	373.701 373.016(4) and 373.223(2) and (3), or be construed to
2060	provide that permits issued for the use of a nonpreferred water
2061	supply source must be issued for a duration of less than 20
2062	years or that the use of a nonpreferred water supply source is
2063	not consistent with the public interest. Additionally, nothing
2064	in this section shall be interpreted to require the use of a
2065	preferred water supply source or to restrict or prohibit the use
2066	of a nonpreferred water supply source. Rules adopted by the
2067	governing board of a water management district to implement this
2068	section shall specify that the use of a preferred water supply
2069	source is not required and that the use of a nonpreferred water
2070	supply source is not restricted or prohibited.
2071	Section 28.  Subsection (3) of section 373.229, Florida
2072	Statutes, is amended to read:
2073	373.229  Application for permit.--
2074	(3)  In addition to the information required in subsection
2075	(1), all permit applications filed with the governing board or
2076	the department which propose the transport and use of water
2077	across county boundaries shall include information pertaining to
2078	factors to be considered, pursuant to s. 373.223(3), unless
2079	exempt under s. 373.717 373.1962(9).
2080	Section 29.  Subsection (4) is added to section 373.236,
2081	Florida Statutes, to read:
2082	373.236  Duration of permits; compliance reports.--
2083	(4)  Permits approved for development of alternative water
2084	supply projects identified in s. 373.713(2)(a)3. shall be
2085	granted for a term of at least 20 years and up to such period of
2086	time as may be required for the retirement of bonds for the
2087	construction of facilities.
2088	Section 30.  Subsection (1) of section 373.421, Florida
2089	Statutes, is amended to read:
2090	373.421  Delineation methods; formal determinations.--
2091	(1)  The Environmental Regulation Commission shall adopt a
2092	unified statewide methodology for the delineation of the extent
2093	of wetlands as defined in s. 373.019(19)(22). This methodology
2094	shall consider regional differences in the types of soils and
2095	vegetation that may serve as indicators of the extent of
2096	wetlands. This methodology shall also include provisions for
2097	determining the extent of surface waters other than wetlands for
2098	the purposes of regulation under s. 373.414. This methodology
2099	shall not become effective until ratified by the Legislature.
2100	Subsequent to legislative ratification, the wetland definition
2101	in s. 373.019(19)(22) and the adopted wetland methodology shall
2102	be binding on the department, the water management districts,
2103	local governments, and any other governmental entities. Upon
2104	ratification of such wetland methodology, the Legislature
2105	preempts the authority of any water management district, state
2106	or regional agency, or local government to define wetlands or
2107	develop a delineation methodology to implement the definition
2108	and determines that the exclusive definition and delineation
2109	methodology for wetlands shall be that established pursuant to
2110	s. 373.019(19)(22) and this section. Upon such legislative
2111	ratification, any existing wetlands definition or wetland
2112	delineation methodology shall be superseded by the wetland
2113	definition and delineation methodology established pursuant to
2114	this chapter. Subsequent to legislative ratification, a
2115	delineation of the extent of a surface water or wetland by the
2116	department or a water management district, pursuant to a formal
2117	determination under subsection (2), or pursuant to a permit
2118	issued under this part in which the delineation was field-
2119	verified by the permitting agency and specifically approved in
2120	the permit, shall be binding on all other governmental entities
2121	for the duration of the formal determination or permit. All
2122	existing rules and methodologies of the department, the water
2123	management districts, and local governments, regarding surface
2124	water or wetland definition and delineation shall remain in full
2125	force and effect until the common methodology rule becomes
2126	effective. However, this shall not be construed to limit any
2127	power of the department, the water management districts, and
2128	local governments to amend or adopt a surface water or wetland
2129	definition or delineation methodology until the common
2130	methodology rule becomes effective.
2131	Section 31.  Paragraph (a) of subsection (6) of section
2132	373.536, Florida Statutes, is amended to read:
2133	373.536  District budget and hearing thereon.--
2134	(6)  FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
2135	WATER RESOURCE DEVELOPMENT WORK PROGRAM.--
2136	(a)  Each district must, by the date specified for each
2137	item, furnish copies of the following documents to the Governor,
2138	the President of the Senate, the Speaker of the House of
2139	Representatives, the chairs of all legislative committees and
2140	subcommittees having substantive or fiscal jurisdiction over the
2141	districts, as determined by the President of the Senate or the
2142	Speaker of the House of Representatives as applicable, the
2143	secretary of the department, and the governing board of each
2144	county in which the district has jurisdiction or derives any
2145	funds for the operations of the district:
2146	1.  The adopted budget, to be furnished within 10 days
2147	after its adoption.
2148	2.  A financial audit of its accounts and records, to be
2149	furnished within 10 days after its acceptance by the governing
2150	board. The audit must be conducted in accordance with the
2151	provisions of s. 11.45 and the rules adopted thereunder. In
2152	addition to the entities named above, the district must provide
2153	a copy of the audit to the Auditor General within 10 days after
2154	its acceptance by the governing board.
2155	3.  A 5-year capital improvements plan, to be furnished
2156	within 45 days after the adoption of the final budget. The plan
2157	must include expected sources of revenue for planned
2158	improvements and must be prepared in a manner comparable to the
2159	fixed capital outlay format set forth in s. 216.043.
2160	4.  A 5-year water resource development work program to be
2161	furnished within 45 days after the adoption of the final budget.
2162	The program must describe the district's implementation strategy
2163	for the water resource development component of each approved
2164	regional water supply plan developed or revised under s. 373.713
2165	373.0361. The work program must address all the elements of the
2166	water resource development component in the district's approved
2167	regional water supply plans and must identify which projects in
2168	the work program will provide water, explain how each water
2169	resource development project will produce additional water
2170	available for consumptive uses, estimate the quantity of water
2171	to be produced by each project, and provide an assessment of the
2172	contribution of the district's regional water supply plans in
2173	providing sufficient water to meet the water supply needs of
2174	existing and future reasonable-beneficial uses for a 1-in-10-
2175	year drought event. Within 45 days after its submittal, the
2176	department shall review the proposed work program and submit its
2177	findings, questions, and comments to the district. The review
2178	must include a written evaluation of the program's consistency
2179	with the furtherance of the district's approved regional water
2180	supply plans, and the adequacy of proposed expenditures. As part
2181	of the review, the department shall give interested parties the
2182	opportunity to provide written comments on each district's
2183	proposed work program. Within 60 days after receipt of the
2184	department's evaluation, the governing board shall state in
2185	writing to the department which changes recommended in the
2186	evaluation it will incorporate into its work program or specify
2187	the reasons for not incorporating the changes. The department
2188	shall include the district's responses in a final evaluation
2189	report and shall submit a copy of the report to the Governor,
2190	the President of the Senate, and the Speaker of the House of
2191	Representatives.
2192	Section 32.  Subsection (11) of section 373.59, Florida
2193	Statutes, is amended to read:
2194	373.59  Water Management Lands Trust Fund.--
2195	(11)  Notwithstanding any provision of this section to the
2196	contrary, the governing board of a water management district may
2197	request, and the Secretary of Environmental Protection shall
2198	release upon such request, moneys allocated to the districts
2199	pursuant to subsection (8) for purposes consistent with the
2200	provisions of s. 373.713 373.0361, s. 373.709 373.0831, s.
2201	373.139, or ss. 373.451-373.4595 and for legislatively
2202	authorized land acquisition and water restoration initiatives.
2203	No funds may be used pursuant to this subsection until necessary
2204	debt service obligations, requirements for payments in lieu of
2205	taxes, and land management obligations that may be required by
2206	this chapter are provided for.
2207	Section 33.  Paragraph (g) of subsection (1) of section
2208	378.212, Florida Statutes, is amended to read:
2209	378.212  Variances.--
2210	(1)  Upon application, the secretary may grant a variance
2211	from the provisions of this part or the rules adopted pursuant
2212	thereto. Variances and renewals thereof may be granted for any
2213	one of the following reasons:
2214	(g)  To accommodate reclamation that provides water supply
2215	development or water resource development not inconsistent with
2216	the applicable regional water supply plan approved pursuant to
2217	s. 373.713 373.0361, provided adverse impacts are not caused to
2218	the water resources in the basin. A variance may also be granted
2219	from the requirements of part IV of chapter 373, or the rules
2220	adopted thereunder, when a project provides an improvement in
2221	water availability in the basin and does not cause adverse
2222	impacts to water resources in the basin.
2223	Section 34.  Subsection (9) of section 378.404, Florida
2224	Statutes, is amended to read:
2225	378.404  Department of Environmental Protection; powers and
2226	duties.--The department shall have the following powers and
2227	duties:
2228	(9)  To grant variances from the provisions of this part to
2229	accommodate reclamation that provides for water supply
2230	development or water resource development not inconsistent with
2231	the applicable regional water supply plan approved pursuant to
2232	s. 373.713 373.0361, appropriate stormwater management, improved
2233	wildlife habitat, recreation, or a mixture thereof, provided
2234	adverse impacts are not caused to the water resources in the
2235	basin and public health and safety are not adversely affected.
2236	Section 35.  Subsection (14) of section 403.031, Florida
2237	Statutes, is amended to read:
2238	403.031  Definitions.--In construing this chapter, or rules
2239	and regulations adopted pursuant hereto, the following words,
2240	phrases, or terms, unless the context otherwise indicates, have
2241	the following meanings:
2242	(14)  "State water resource implementation rule" means the
2243	rule authorized by s. 373.707 373.036, which sets forth goals,
2244	objectives, and guidance for the development and review of
2245	programs, rules, and plans relating to water resources, based on
2246	statutory policies and directives. The waters of the state are
2247	among its most basic resources. Such waters should be managed to
2248	conserve and protect water resources and to realize the full
2249	beneficial use of these resources.
2250	Section 36.  Paragraphs (r) and (u) of subsection (2) of
2251	section 403.813, Florida Statutes, are amended to read:
2252	403.813  Permits issued at district centers; exceptions.--
2253	(2)  A permit is not required under this chapter, chapter
2254	373, chapter 61-691, Laws of Florida, or chapter 25214 or
2255	chapter 25270, 1949, Laws of Florida, for activities associated
2256	with the following types of projects; however, except as
2257	otherwise provided in this subsection, nothing in this
2258	subsection relieves an applicant from any requirement to obtain
2259	permission to use or occupy lands owned by the Board of Trustees
2260	of the Internal Improvement Trust Fund or any water management
2261	district in its governmental or proprietary capacity or from
2262	complying with applicable local pollution control programs
2263	authorized under this chapter or other requirements of county
2264	and municipal governments:
2265	(r)  The removal of aquatic plants, the removal of
2266	tussocks, the associated replanting of indigenous aquatic
2267	plants, and the associated removal from lakes of organic
2268	detrital material when such planting or removal is performed and
2269	authorized by permit or exemption granted under s. 369.20 or s.
2270	369.25, provided that:
2271	1.  Organic detrital material that exists on the surface of
2272	natural mineral substrate shall be allowed to be removed to a
2273	depth of 3 feet or to the natural mineral substrate, whichever
2274	is less;
2275	2.  All material removed pursuant to this paragraph shall
2276	be deposited in an upland site in a manner that will prevent the
2277	reintroduction of the material into waters in the state except
2278	when spoil material is permitted to be used to create wildlife
2279	islands in freshwater bodies of the state when a governmental
2280	entity is permitted pursuant to s. 369.20 to create such islands
2281	as a part of a restoration or enhancement project;
2282	3.  All activities are performed in a manner consistent
2283	with state water quality standards; and
2284	4.  No activities under this exemption are conducted in
2285	wetland areas, as defined by s. 373.019(19)(22), which are
2286	supported by a natural soil as shown in applicable United States
2287	Department of Agriculture county soil surveys, except when a
2288	governmental entity is permitted pursuant to s. 369.20 to
2289	conduct such activities as a part of a restoration or
2290	enhancement project.
2291
2292	The department may not adopt implementing rules for this
2293	paragraph, notwithstanding any other provision of law.
2294	(u)  Notwithstanding any provision to the contrary in this
2295	subsection, a permit or other authorization under chapter 253,
2296	chapter 369, chapter 373, or this chapter is not required for an
2297	individual residential property owner for the removal of organic
2298	detrital material from freshwater rivers or lakes that have a
2299	natural sand or rocky substrate and that are not Aquatic
2300	Preserves or for the associated removal and replanting of
2301	aquatic vegetation for the purpose of environmental enhancement,
2302	providing that:
2303	1.  No activities under this exemption are conducted in
2304	wetland areas, as defined by s. 373.019(19)(22), which are
2305	supported by a natural soil as shown in applicable United States
2306	Department of Agriculture county soil surveys.
2307	2.  No filling or peat mining is allowed.
2308	3.  No removal of native wetland trees, including, but not
2309	limited to, ash, bay, cypress, gum, maple, or tupelo, occurs.
2310	4.  When removing organic detrital material, no portion of
2311	the underlying natural mineral substrate or rocky substrate is
2312	removed.
2313	5.  Organic detrital material and plant material removed is
2314	deposited in an upland site in a manner that will not cause
2315	water quality violations.
2316	6.  All activities are conducted in such a manner, and with
2317	appropriate turbidity controls, so as to prevent any water
2318	quality violations outside the immediate work area.
2319	7.  Replanting with a variety of aquatic plants native to
2320	the state shall occur in a minimum of 25 percent of the
2321	preexisting vegetated areas where organic detrital material is
2322	removed, except for areas where the material is removed to bare
2323	rocky substrate; however, an area may be maintained clear of
2324	vegetation as an access corridor. The access corridor width may
2325	not exceed 50 percent of the property owner's frontage or 50
2326	feet, whichever is less, and may be a sufficient length
2327	waterward to create a corridor to allow access for a boat or
2328	swimmer to reach open water. Replanting must be at a minimum
2329	density of 2 feet on center and be completed within 90 days
2330	after removal of existing aquatic vegetation, except that under
2331	dewatered conditions replanting must be completed within 90 days
2332	after reflooding. The area to be replanted must extend waterward
2333	from the ordinary high water line to a point where normal water
2334	depth would be 3 feet or the preexisting vegetation line,
2335	whichever is less. Individuals are required to make a reasonable
2336	effort to maintain planting density for a period of 6 months
2337	after replanting is complete, and the plants, including
2338	naturally recruited native aquatic plants, must be allowed to
2339	expand and fill in the revegetation area. Native aquatic plants
2340	to be used for revegetation must be salvaged from the
2341	enhancement project site or obtained from an aquatic plant
2342	nursery regulated by the Department of Agriculture and Consumer
2343	Services. Plants that are not native to the state may not be
2344	used for replanting.
2345	8.  No activity occurs any farther than 100 feet waterward
2346	of the ordinary high water line, and all activities must be
2347	designed and conducted in a manner that will not unreasonably
2348	restrict or infringe upon the riparian rights of adjacent upland
2349	riparian owners.
2350	9.  The person seeking this exemption notifies the
2351	applicable department district office in writing at least 30
2352	days before commencing work and allows the department to conduct
2353	a preconstruction site inspection. Notice must include an
2354	organic-detrital-material removal and disposal plan and, if
2355	applicable, a vegetation-removal and revegetation plan.
2356	10.  The department is provided written certification of
2357	compliance with the terms and conditions of this paragraph
2358	within 30 days after completion of any activity occurring under
2359	this exemption.
2360	Section 37.  Paragraph (a) of subsection (3) of section
2361	403.0891, Florida Statutes, is amended to read:
2362	403.0891  State, regional, and local stormwater management
2363	plans and programs.--The department, the water management
2364	districts, and local governments shall have the responsibility
2365	for the development of mutually compatible stormwater management
2366	programs.
2367	(3)(a)  Each local government required by chapter 163 to
2368	submit a comprehensive plan, whose plan is submitted after July
2369	1, 1992, and the others when updated after July 1, 1992, in the
2370	development of its stormwater management program described by
2371	elements within its comprehensive plan shall consider the water
2372	resource implementation rule, district stormwater management
2373	goals, plans approved pursuant to the Surface Water Improvement
2374	and Management Act, ss. 373.451-373.4595, and technical
2375	assistance information provided by the water management
2376	districts pursuant to s. 373.715 373.0391.
2377	Section 38.  Subsection (6) of section 556.102, Florida
2378	Statutes, is amended to read:
2379	556.102  Definitions.--As used in this act:
2380	(6)  "Excavate" or "excavation" means any manmade cut,
2381	cavity, trench, or depression in the earth's surface, formed by
2382	removal of earth, intended to change the grade or level of land,
2383	or intended to penetrate or disturb the surface of the earth,
2384	including land beneath the waters of the state, as defined in s.
2385	373.019(16)(17), and the term includes pipe bursting and
2386	directional drilling or boring from one point to another point
2387	beneath the surface of the earth, or other trenchless
2388	technologies.
2389	Section 39.  Section 682.02, Florida Statutes, is amended
2390	to read:
2391	682.02  Arbitration agreements made valid, irrevocable, and
2392	enforceable; scope.--Two or more parties may agree in writing to
2393	submit to arbitration any controversy existing between them at
2394	the time of the agreement, or they may include in a written
2395	contract a provision for the settlement by arbitration of any
2396	controversy thereafter arising between them relating to such
2397	contract or the failure or refusal to perform the whole or any
2398	part thereof. This section also applies to written interlocal
2399	agreements under ss. 163.01 and 373.717 373.1962 in which two or
2400	more parties agree to submit to arbitration any controversy
2401	between them concerning water use permit applications and other
2402	matters, regardless of whether or not the water management
2403	district with jurisdiction over the subject application is a
2404	party to the interlocal agreement or a participant in the
2405	arbitration. Such agreement or provision shall be valid,
2406	enforceable, and irrevocable without regard to the justiciable
2407	character of the controversy; provided that this act shall not
2408	apply to any such agreement or provision to arbitrate in which
2409	it is stipulated that this law shall not apply or to any
2410	arbitration or award thereunder.
2411	Section 40.  Section 373.71, Florida Statutes, is
2412	renumbered as section 373.69, Florida Statutes.
2413	Section 41.  Sections 373.0361, 373.0391, 373.0831,
2414	373.196, 373.1961, 373.1962, and 373.1963, Florida Statutes, are
2415	repealed.
2416	Section 42.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.