Senate Bill sb2882

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    Florida Senate - 2007                                  SB 2882

    By Senator Justice





    16-1343-07                                              See HB

  1                      A bill to be entitled

  2         An act relating to water supply; creating part

  3         VII of ch. 373, F.S., relating to water supply

  4         policy, planning, production, and funding;

  5         providing a declaration of policy; providing

  6         definitions; providing for the powers and

  7         duties of water management district governing

  8         boards; requiring the Department of

  9         Environmental Protection to develop the Florida

10         water supply plan; providing components of the

11         plan; requiring water management district

12         governing boards to develop water supply plans

13         for their respective regions; providing

14         components of district water supply plans;

15         providing legislative findings and intent with

16         respect to water resource development and water

17         supply development; requiring water management

18         districts to fund and implement water resource

19         development; specifying water supply

20         development projects which are eligible to

21         receive priority consideration for state or

22         water management district funding assistance;

23         encouraging cooperation in the development of

24         water supplies; providing for alternative water

25         supply development; encouraging municipalities,

26         counties, and special districts to create

27         regional water supply authorities; establishing

28         the primary roles of the water management

29         district in alternative water supply

30         development; establishing the primary roles of

31         local governments, regional water supply

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1         authorities, special districts, and publicly

 2         owned and privately owned water utilities in

 3         alternative water supply development; requiring

 4         the water management districts to detail the

 5         specific allocations to be used for alternative

 6         water supply development in their annual budget

 7         submission; requiring that the water management

 8         districts include the amount needed to

 9         implement the water supply development projects

10         in each annual budget; establishing general

11         funding criteria for funding assistance to the

12         state or water management districts;

13         establishing economic incentives for

14         alternative water supply development; providing

15         a funding formula for the distribution of state

16         funds to the water management districts for

17         alternative water supply development; requiring

18         that funding assistance for alternative water

19         supply development be limited to a percentage

20         of the total capital costs of an approved

21         project; establishing a selection process and

22         criteria; providing for cost recovery from the

23         Public Service Commission; requiring a water

24         management district governing board to conduct

25         water supply planning for each region

26         identified in the district water supply plan;

27         providing procedures and requirements with

28         respect to regional water supply plans;

29         providing for joint development of a specified

30         water supply development component of a

31         regional water supply plan within the

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1         boundaries of the Southwest Florida Water

 2         Management District; providing that approval of

 3         a regional water supply plan is not subject to

 4         the rulemaking requirements of the

 5         Administrative Procedures Act; requiring the

 6         department to submit annual reports on the

 7         status of regional water supply planning in

 8         each district; providing construction with

 9         respect to the water supply development

10         component of a regional water supply plan;

11         requiring water management districts to present

12         to certain entities the relevant portions of a

13         regional water supply plan; requiring certain

14         entities to provide written notification to

15         water management districts as to the

16         implementation of water supply project options;

17         requiring water management districts to notify

18         local governments of the need for alternative

19         water supply projects; requiring water

20         management districts to assist local

21         governments in the development and future

22         revision of local government comprehensive plan

23         elements or public facilities reports related

24         to water resource issues; providing for the

25         creation of regional water supply authorities;

26         providing purpose of such authorities;

27         specifying considerations with respect to the

28         creation of a proposed authority; specifying

29         authority of a regional water supply authority;

30         providing authority of specified entities to

31         convey title, dedicate land, or grant land-use

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1         rights to a regional water supply authority for

 2         specified purposes; providing preferential

 3         rights of counties and municipalities to

 4         purchase water from regional water supply

 5         authorities; providing exemption for specified

 6         water supply authorities from consideration of

 7         certain factors and submissions; providing

 8         applicability of such exemptions; authorizing

 9         the West Coast Regional Water Supply Authority

10         and its member governments to reconstitute the

11         authority's governance and rename the authority

12         under a voluntary interlocal agreement;

13         providing compliance requirements with respect

14         to the interlocal agreement; providing for

15         supersession of conflicting general or special

16         laws; providing requirements with respect to

17         annual budgets; specifying the annual millage

18         for the authority; authorizing the authority to

19         request the governing board of the district to

20         levy ad valorem taxes within the boundaries of

21         the authority to finance authority functions;

22         providing requirements and procedures with

23         respect to the collection of such taxes;

24         amending ss. 11.80, 120.52, 163.3167, 163.3177,

25         163.3191, 186.009, 189.404, 189.4155, 189.4156,

26         and 367.021, F.S.; conforming cross-references;

27         amending s. 373.016, F.S., relating to the

28         declaration of policy, to conform; amending s.

29         373.019, relating to definitions, to conform;

30         amending s. 373.036, F.S., relating to the

31         Florida water plan and district water

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1         management plans, to include the Florida water

 2         supply plan and district water supply plans and

 3         make other conforming changes; amending s.

 4         373.042, F.S.; providing for minimum flow and

 5         level provisions for alternative water supply

 6         project options; amending ss. 373.0421,

 7         373.0695, 373.199, 373.223, 373.2234, 373.229,

 8         373.414, 373.421, 373.4592, 373.45926,

 9         373.4595, 373.470, 373.536, 373.59, 378.212,

10         378.404, 403.031, 403.813, 403.0891, 403.890,

11         556.102, and 682.02, F.S.; conforming

12         cross-references; renumbering s. 373.71, F.S.,

13         relating to the

14         Apalachicola-Chattahoochee-Flint River Basin

15         Compact, to clarify retention of the section in

16         part VI of ch. 373, F.S.; repealing s.

17         373.0361, F.S., relating to regional water

18         supply planning; repealing s. 373.0391, F.S.,

19         relating to technical assistance to local

20         governments; repealing s. 373.0831, F.S.,

21         relating to water resource and water supply

22         development; repealing s. 373.196, F.S.,

23         relating to alternative water supply

24         development; repealing s. 373.1961, F.S.,

25         relating to water production and related powers

26         and duties of water management districts;

27         repealing s. 373.1962, F.S., relating to

28         regional water supply authorities; repealing s.

29         373.1963, F.S., relating to assistance to the

30         West Coast Regional Water Supply Authority;

31         providing an effective date.

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Part VII of chapter 373, Florida Statutes,

 4  consisting of sections 373.701, 373.703, 373.705, 373.707,

 5  373.709, 373.711, 373.713, 373.715, 373.717, and 373.719, is

 6  created to read:

 7                             PART VII

 8      WATER SUPPLY POLICY, PLANNING, PRODUCTION, AND FUNDING

 9         373.701  Declaration of policy.--It is declared to be

10  the policy of the Legislature that:

11         (1)  Water constitutes a public resource benefiting the

12  entire state, and therefore water supply planning in the state

13  should be conducted on a state and regional basis.

14         (2)  The availability of sufficient water for all

15  existing and future reasonable-beneficial uses and natural

16  systems shall be promoted.

17         (3)  In order to protect the state's water resources

18  and to meet the current and future needs of those areas with

19  abundant water, the Legislature directs the Department of

20  Environmental Protection and the water management districts to

21  encourage the use of water from sources nearest the area of

22  use or application whenever practicable. Such sources shall

23  include all naturally occurring water sources and all

24  alternative water sources, including, but not limited to,

25  desalination, conservation, reuse of nonpotable reclaimed

26  water and stormwater, and aquifer storage and recovery.

27         (4)  In establishing the policy outlined in subsection

28  (3), the Legislature realizes that, under certain

29  circumstances, the need to transport water from distant

30  sources may be necessary for environmental, technical, or

31  economic reasons.

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1         (5)  Cooperative efforts between municipalities,

 2  counties, water management districts, and the department are

 3  mandatory in order to meet the water needs of rapidly

 4  urbanizing areas in a manner which will supply adequate and

 5  dependable supplies of water where needed without resulting in

 6  adverse effects upon the areas from which such water is

 7  withdrawn. Such efforts should utilize all practical means of

 8  obtaining water, including, but not limited to, withdrawals of

 9  surface water and groundwater, the recycling of waste water,

10  and desalination and will necessitate not only cooperation but

11  also well-coordinated activities.

12         (6)  Municipalities and counties are encouraged to

13  create regional water supply authorities and

14  multijurisdictional water supply entities as authorized

15  herein.

16         (7)  Nothing herein shall be construed to preclude the

17  various municipalities and counties from continuing to operate

18  existing water production and transmission facilities or to

19  enter into cooperative agreements with other municipalities

20  and counties for the purpose of meeting their respective needs

21  for dependable and adequate supplies of water, provided the

22  obtaining of water through such operations shall not be done

23  in a manner which results in adverse effects upon the areas

24  from which such water is withdrawn.

25         373.703  Definitions.--As used in this part or in any

26  rule, regulation, or order adopted pursuant to this part, the

27  following terms shall, unless the context clearly indicates

28  otherwise, mean:

29         (1)  "Alternative water supplies" means salt water;

30  brackish surface and groundwater; surface water captured

31  predominately during wet-weather flows; sources made available

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  through the addition of new storage capacity for surface or

 2  groundwater, water that has been reclaimed after one or more

 3  public supply, municipal, industrial, commercial, or

 4  agricultural uses; the downstream augmentation of water bodies

 5  with reclaimed water; stormwater; and any other water supply

 6  source that is designated as nontraditional for a water supply

 7  planning region in the applicable regional water supply plan.

 8         (2)  "Capital costs" means planning, design,

 9  engineering, and project construction costs.

10         (3)  "Department" means the Department of Environmental

11  Protection.

12         (4)  "District water supply plan" means the regional

13  plan developed by a governing board under s. 373.707.

14         (5)  "Florida water supply plan" means the state-level

15  plan developed by the department under s. 373.707.

16         (6)  "Governing board" means the governing board of a

17  water management district.

18         (7)  "Multijurisdictional water supply entity" means

19  two or more water utilities or local governments that have

20  organized into a larger entity, or entered into an interlocal

21  agreement or contract, for the purpose of more efficiently

22  pursuing water supply development or alternative water supply

23  development projects listed pursuant to a regional water

24  supply plan.

25         (8)  "Regional water supply plan" means a detailed

26  water supply plan developed by a governing board under s.

27  373.713.

28         (9)  "Water management district" means any flood

29  control, resource management, or water management district

30  operating under the authority of this chapter.

31  

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1         (10)  "Water resource development" means the

 2  formulation and implementation of regional water resource

 3  management strategies, including the collection and evaluation

 4  of surface water and groundwater data; structural and

 5  nonstructural programs to protect and manage water resources;

 6  the development of regional water resource implementation

 7  programs; the construction, operation, and maintenance of

 8  major public works facilities to provide for surface and

 9  underground water storage and groundwater recharge

10  augmentation; and related technical assistance to local

11  governments and to government-owned and privately owned water

12  utilities.

13         (11)  "Water supply development" means the planning,

14  design, construction, operation, and maintenance of public or

15  private facilities for water collection, production,

16  treatment, transmission, or distribution for sale, resale, or

17  end use.

18         373.705  Powers and duties.--In the performance of, and

19  in conjunction with, its other powers and duties, the

20  governing board of a water management district existing

21  pursuant to this chapter:

22         (1)  Shall engage in planning to assist counties,

23  municipalities, special districts, publicly owned and

24  privately owned water utilities, multijurisdictional water

25  supply entities, or regional water supply authorities in

26  meeting water supply needs in such manner as will give

27  priority to encouraging conservation and reducing adverse

28  environmental effects of improper or excessive withdrawals of

29  water from concentrated areas. As used in this section and s.

30  373.711, regional water supply authorities are regional water

31  

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  authorities created under s. 373.717 or other laws of this

 2  state.

 3         (2)  Shall assist counties, municipalities, special

 4  districts, publicly owned or privately owned water utilities,

 5  multijurisdictional water supply entities, or regional water

 6  supply authorities in meeting water supply needs in such

 7  manner as will give priority to encouraging conservation and

 8  reducing adverse environmental effects of improper or

 9  excessive withdrawals of water from concentrated areas.

10         (3)  May establish, design, construct, operate, and

11  maintain water production and transmission facilities for the

12  purpose of supplying water to counties, municipalities,

13  special districts, publicly owned and privately owned water

14  utilities, multijurisdictional water supply entities, or

15  regional water supply authorities. The permit required by part

16  II of this chapter for a water management district engaged in

17  water production and transmission shall be granted, denied, or

18  granted with conditions by the department.

19         (4)  Shall not engage in local water supply

20  distribution.

21         (5)  Shall not deprive, directly or indirectly, any

22  county wherein water is withdrawn of the prior right to the

23  reasonable and beneficial use of water which is required to

24  supply adequately the reasonable and beneficial needs of the

25  county or any of the inhabitants or property owners therein.

26         (6)  May provide water and financial assistance to

27  regional water supply authorities, but may not provide water

28  to counties and municipalities which are located within the

29  area of such authority without the specific approval of the

30  authority or, in the event of the authority's disapproval, the

31  approval of the Governor and Cabinet sitting as the Land and

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  Water Adjudicatory Commission. The district may supply water

 2  at rates and upon terms mutually agreed to by the parties or,

 3  if they do not agree, as set by the governing board and

 4  specifically approved by the Governor and Cabinet sitting as

 5  the Land and Water Adjudicatory Commission.

 6         (7)  May acquire title to such interest as is necessary

 7  in real property, by purchase, gift, devise, lease, eminent

 8  domain, or otherwise, for water production and transmission

 9  consistent with this section and s. 373.711. However, the

10  district shall not use any of the eminent domain powers herein

11  granted to acquire water and water rights already devoted to

12  reasonable and beneficial use or any water production or

13  transmission facilities owned by any county, municipality, or

14  regional water supply authority. The district may exercise

15  eminent domain powers outside of its district boundaries for

16  the acquisition of pumpage facilities, storage areas,

17  transmission facilities, and the normal appurtenances thereto,

18  provided that at least 45 days prior to the exercise of

19  eminent domain, the district notifies the district where the

20  property is located after public notice and the district where

21  the property is located does not object within 45 days after

22  notification of such exercise of eminent domain authority.

23         (8)  In addition to the power to issue revenue bonds

24  pursuant to s. 373.584, may issue revenue bonds for the

25  purposes of paying the costs and expenses incurred in carrying

26  out the purposes of this chapter or refunding obligations of

27  the district issued pursuant to this section. Such revenue

28  bonds shall be secured by, and be payable from, revenues

29  derived from the operation, lease, or use of its water

30  production and transmission facilities and other water-related

31  facilities and from the sale of water or services relating

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  thereto. Such revenue bonds may not be secured by, or be

 2  payable from, moneys derived by the district from the Water

 3  Management Lands Trust Fund or from ad valorem taxes received

 4  by the district. All provisions of s. 373.584 relating to the

 5  issuance of revenue bonds which are not inconsistent with this

 6  section shall apply to the issuance of revenue bonds pursuant

 7  to this section. The district may also issue bond anticipation

 8  notes in accordance with the provisions of s. 373.584.

 9         (9)  May join with one or more other water management

10  districts, counties, municipalities, special districts,

11  publicly owned or privately owned water utilities,

12  multijurisdictional water supply entities, or regional water

13  supply authorities for the purpose of carrying out any of its

14  powers, and may contract with such other entities to finance

15  acquisitions, construction, operation, and maintenance. The

16  contract may provide for contributions to be made by each

17  party thereto, for the division and apportionment of the

18  expenses of acquisitions, construction, operation, and

19  maintenance, and for the division and apportionment of the

20  benefits, services, and products therefrom. The contracts may

21  contain other covenants and agreements necessary and

22  appropriate to accomplish their purposes.

23         373.707  Florida water supply plan; district water

24  supply plans.--

25         (1)  In cooperation with the water management

26  districts, regional water supply authorities, and others, the

27  department shall develop the Florida water supply plan. The

28  Florida water supply plan shall include, but not be limited

29  to:

30         (a)  The programs and activities of the department

31  related to water supply.

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1         (b)  The district water supply plans.

 2         (c)  Goals, objectives, and guidance for the

 3  development and review of programs, rules, and plans relating

 4  to water supply based on statutory policies and directives.

 5         (2)(a)  Each governing board shall develop a district

 6  water supply plan for its region. The district water supply

 7  plan shall be based on at least a 20-year planning period,

 8  shall be developed and revised in cooperation with other

 9  agencies, regional water supply authorities, units of

10  government, and interested parties and shall be updated at

11  least once every 5 years. The governing board shall hold a

12  public hearing at least 30 days in advance of completing the

13  development or revision of the district water supply plan.

14         (b)  The district water supply plan shall include, but

15  not be limited to:

16         1.  The scientific methodologies for establishing

17  minimum flows and levels under s. 373.042 and all established

18  minimum flows and levels.

19         2.  Identification of one or more water supply planning

20  regions that singly or together encompass the entire district.

21         3.  Technical data and information prepared under s.

22  373.715.

23         4.  A districtwide water supply assessment which

24  determines for each water supply planning region:

25         a.  Existing legal uses, reasonably anticipated future

26  needs, and existing and reasonably anticipated sources of

27  water and conservation efforts.

28         b.  Whether existing and reasonably anticipated sources

29  of water and conservation efforts are adequate to supply water

30  for all existing legal uses and reasonably anticipated future

31  

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  needs and to sustain the water resources and related natural

 2  systems.

 3         5.  Any completed regional water supply plans prepared

 4  pursuant to s. 373.713.

 5         (c)  If necessary for implementation, the governing

 6  board shall adopt by rule or order relevant portions of the

 7  district water supply plan to the extent of its statutory

 8  authority.

 9         (d)  In the formulation of the district water supply

10  plan, the governing board shall give due consideration to:

11         1.  The attainment of maximum reasonable-beneficial use

12  of water resources.

13         2.  The maximum economic development of the water

14  resources consistent with other uses.

15         3.  The management of water resources for such purposes

16  as environmental protection, drainage, flood control, and

17  water storage.

18         4.  The quantity of water available for application to

19  a reasonable-beneficial use.

20         5.  The prevention of wasteful, uneconomical,

21  impractical, or unreasonable uses of water resources.

22         6.  Presently exercised domestic use and permit rights.

23         7.  The state water resources policy as expressed by

24  this chapter.

25         (3)  The department and governing board shall give

26  careful consideration to the requirements of public recreation

27  and to the protection and propagation of fish and wildlife.

28  The department or governing board may prohibit or restrict

29  other future uses on certain designated bodies of water which

30  may be inconsistent with these objectives.

31  

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1         (4)  The governing board may designate certain uses in

 2  connection with a particular source of supply which, because

 3  of the nature of the activity or the amount of water required,

 4  would constitute an undesirable use for which the governing

 5  board may deny a permit.

 6         (5)  The governing board may designate certain uses in

 7  connection with a particular source of supply which, because

 8  of the nature of the activity or the amount of water required,

 9  would result in an enhancement or improvement of the water

10  resources of the area. Such uses shall be preferred over other

11  uses in the event of competing applications under the

12  permitting systems authorized by this chapter.

13         (6)  The department, in cooperation with the Executive

14  Office of the Governor, or its successor agency may add to the

15  Florida water supply plan any other information, directions,

16  or objectives it deems necessary or desirable for the guidance

17  of the governing boards or other agencies in the

18  administration and enforcement of this chapter.

19         373.709  Water resource development; water supply

20  development.--

21         (1)  The Legislature finds that:

22         (a)  The proper role of the water management districts

23  in water supply is primarily planning and water resource

24  development, but this does not preclude them from providing

25  assistance with water supply development.

26         (b)  The proper role of local government, regional

27  water supply authorities, and government-owned and privately

28  owned water utilities in water supply is primarily water

29  supply development, but this does not preclude them from

30  providing assistance with water resource development.

31  

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1         (c)  Water resource development and water supply

 2  development must receive priority attention, where needed, to

 3  increase the availability of sufficient water for all existing

 4  and future reasonable-beneficial uses and natural systems.

 5         (2)  It is the intent of the Legislature that:

 6         (a)  Sufficient water be available for all existing and

 7  future reasonable-beneficial uses and the natural systems and

 8  that the adverse effects of competition for water supplies be

 9  avoided.

10         (b)  Water management districts take the lead in

11  identifying and implementing water resource development

12  projects and are responsible for securing necessary funding

13  for regionally significant water resource development

14  projects.

15         (c)  Local governments, regional water supply

16  authorities, and government-owned and privately owned water

17  utilities take the lead in securing funds for and implementing

18  water supply development projects. Generally, direct

19  beneficiaries of water supply development projects should pay

20  the costs of the projects from which they benefit, and water

21  supply development projects should continue to be paid for

22  through local funding sources.

23         (d)  Water supply development be conducted in

24  coordination with water management district regional water

25  supply planning and water resource development.

26         (3)  The water management districts shall fund and

27  implement water resource development as defined in s. 373.703.

28  The water management districts are encouraged to implement

29  their responsibility for water resource development and to

30  assist in water supply development as expeditiously as

31  possible in areas subject to regional water supply plans.

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1         (4)  Each governing board shall include in its annual

 2  budget an amount to be made available for the fiscal year to

 3  assist in implementing alternative water supply development

 4  projects listed pursuant to s. 373.713(2)(a)2.

 5         (5)(a)  Water supply development projects which are

 6  included in the relevant regional water supply plans and which

 7  meet one or more of the following criteria shall receive

 8  priority consideration for state or water management district

 9  funding assistance:

10         1.  The project supports establishment of a dependable,

11  sustainable supply of water from alternative water supplies;

12         2.  The project provides substantial environmental

13  benefits by preventing or limiting adverse water resource

14  impacts but requires funding assistance to be economically

15  competitive with other options;

16         3.  The project significantly implements the reuse,

17  storage, recharge, or conservation of water in a manner that

18  contributes to the sustainability of regional water sources;

19  or

20         4.  The project significantly contributes to a recovery

21  plan pursuant to s. 373.0421 for a minimum flow or level

22  established by a governing board.

23         (b)  Water supply development projects which meet the

24  criteria in paragraph (a) and also bring about replacement of

25  existing sources in order to help implement a minimum flow or

26  level shall be given first consideration for state or water

27  management district funding assistance.

28         373.711  Alternative water supply development.--

29         (1)  The purpose of this section is to encourage

30  cooperation in the development of water supplies and to

31  

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  provide for alternative water supply development. Accordingly,

 2  the Legislature finds that:

 3         (a)  Demands on natural supplies of fresh water to meet

 4  the needs of a rapidly growing population and the needs of the

 5  environment, agriculture, industry, and mining will continue

 6  to increase.

 7         (b)  There is a need for the development of alternative

 8  water supplies for Florida to sustain its economic growth,

 9  economic viability, and natural resources.

10         (c)  Alternative water supply development must receive

11  priority funding attention to increase the available supplies

12  of water to meet all existing and future reasonable-beneficial

13  uses and to benefit the natural systems.

14         (d)  Cooperation between counties, municipalities,

15  regional water supply authorities, multijurisdictional water

16  supply entities, special districts, and publicly owned and

17  privately owned water utilities in the development of

18  countywide and multicountywide alternative water supply

19  projects will allow for necessary economies of scale and

20  efficiencies to be achieved in order to accelerate the

21  development of new, dependable, and sustainable alternative

22  water supplies.

23         (e)  It is in the public interest that county,

24  municipal, industrial, agricultural, and other public and

25  private water users, the Department of Environmental

26  Protection, and the water management districts cooperate and

27  work together in the development of alternative water supplies

28  to avoid the adverse effects of competition for limited

29  supplies of water. Public moneys or services provided to

30  private entities for alternative water supply development may

31  

                                  18

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  constitute public purposes that also are in the public

 2  interest.

 3         (2)  The Legislature also finds with regard to the

 4  development of alternative water supplies that:

 5         (a)  Sufficient water must be available for all

 6  existing and future reasonable-beneficial uses and the natural

 7  systems, and the adverse effects of competition for water

 8  supplies must be avoided.

 9         (b)  Alternative water supply development must be

10  conducted in coordination with water management district

11  regional water supply planning.

12         (c)  Funding for the development of alternative water

13  supplies shall be a shared responsibility of water suppliers

14  and users, the State of Florida, and the water management

15  districts, with water suppliers and users having the primary

16  responsibility and the State of Florida and the water

17  management districts being responsible for providing funding

18  assistance.

19         (3)  The primary roles of the water management

20  districts in water resource development as it relates to

21  supporting alternative water supply development are:

22         (a)  The formulation and implementation of regional

23  water resource management strategies that support alternative

24  water supply development;

25         (b)  The collection and evaluation of surface water and

26  groundwater data to be used for a planning level assessment of

27  the feasibility of alternative water supply development

28  projects;

29         (c)  The construction, operation, and maintenance of

30  major public works facilities for flood control, surface and

31  

                                  19

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  underground water storage, and groundwater recharge

 2  augmentation to support alternative water supply development;

 3         (d)  Planning for alternative water supply development

 4  as provided in regional water supply plans in coordination

 5  with local governments, regional water supply authorities,

 6  multijurisdictional water supply entities, special districts,

 7  and publicly owned and privately owned water utilities and

 8  self-suppliers;

 9         (e)  The formulation and implementation of structural

10  and nonstructural programs to protect and manage water

11  resources in support of alternative water supply projects; and

12         (f)  The provision of technical and financial

13  assistance to local governments and publicly owned and

14  privately owned water utilities for alternative water supply

15  projects.

16         (4)  The primary roles of local government, regional

17  water supply authorities, multijurisdictional water supply

18  entities, special districts, and publicly owned and privately

19  owned water utilities in alternative water supply development

20  shall be:

21         (a)  The planning, design, construction, operation, and

22  maintenance of alternative water supply development projects;

23         (b)  The formulation and implementation of alternative

24  water supply development strategies and programs;

25         (c)  The planning, design, construction, operation, and

26  maintenance of facilities to collect, divert, produce, treat,

27  transmit, and distribute water for sale, resale, or end use;

28  and

29         (d)  The coordination of alternative water supply

30  development activities with the appropriate water management

31  district having jurisdiction over the activity.

                                  20

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1         (5)  Nothing in this section shall be construed to

 2  preclude the various special districts, municipalities, and

 3  counties from continuing to operate existing water production

 4  and transmission facilities or to enter into cooperative

 5  agreements with other special districts, municipalities, and

 6  counties for the purpose of meeting their respective needs for

 7  dependable and adequate supplies of water; however, the

 8  obtaining of water through such operations shall not be done

 9  in a manner that results in adverse effects upon the areas

10  from which such water is withdrawn.

11         (6)(a)  The statewide funds provided pursuant to the

12  Water Protection and Sustainability Program serve to

13  supplement existing water management district or basin board

14  funding for alternative water supply development assistance

15  and should not result in a reduction of such funding.

16  Therefore, the water management districts shall include in the

17  annual tentative and adopted budget submittals required under

18  this chapter the amount of funds allocated for water resource

19  development that supports alternative water supply development

20  and the funds allocated for alternative water supply projects

21  selected for inclusion in the Water Protection and

22  Sustainability Program. It shall be the goal of each water

23  management district and basin boards that the combined funds

24  allocated annually for these purposes be, at a minimum, the

25  equivalent of 100 percent of the state funding provided to the

26  water management district for alternative water supply

27  development. If this goal is not achieved, the water

28  management district shall provide in the budget submittal an

29  explanation of the reasons or constraints that prevent this

30  goal from being met, an explanation of how the goal will be

31  met in future years, and affirmation of match is required

                                  21

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  during the budget review process as established under s.

 2  373.536(5). The Suwannee River Water Management District and

 3  the Northwest Florida Water Management District shall not be

 4  required to meet the match requirements of this paragraph;

 5  however, they shall try to achieve the match requirement to

 6  the greatest extent practicable.

 7         (b)  State funds from the Water Protection and

 8  Sustainability Program created in s. 403.890 shall be made

 9  available for financial assistance for the project

10  construction costs of alternative water supply development

11  projects selected by a water management district governing

12  board for inclusion in the program.

13         (7)  The water management district shall implement its

14  responsibilities as expeditiously as possible in areas subject

15  to regional water supply plans. Each district's governing

16  board shall include in its annual budget the amount needed for

17  the fiscal year to assist in implementing alternative water

18  supply development projects.

19         (8)(a)  The water management districts and the state

20  shall share a percentage of revenues with water providers and

21  users, including local governments, water, wastewater, and

22  reuse utilities, municipal, special district, industrial, and

23  agricultural water users, and other public and private water

24  users, to be used to supplement other funding sources in the

25  development of alternative water supplies.

26         (b)  Beginning in fiscal year 2007-2008, the state

27  shall annually provide a portion of those revenues deposited

28  into the Water Protection and Sustainability Trust Fund for

29  the purpose of providing funding assistance for the

30  development of alternative water supplies pursuant to the

31  Water Protection and Sustainability Program. At the beginning

                                  22

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  of each fiscal year, beginning with fiscal year 2007-2008,

 2  such revenues shall be distributed by the department into the

 3  alternative water supply trust fund accounts created by each

 4  district for the purpose of alternative water supply

 5  development under the following funding formula:

 6         1.  Thirty percent to the South Florida Water

 7  Management District;

 8         2.  Twenty-five percent to the Southwest Florida Water

 9  Management District;

10         3.  Twenty-five percent to the St. Johns River Water

11  Management District;

12         4.  Ten percent to the Suwannee River Water Management

13  District; and

14         5.  Ten percent to the Northwest Florida Water

15  Management District.

16         (c)  The financial assistance for alternative water

17  supply projects allocated in each district's budget as

18  required in s. 373.711(6) shall be combined with the state

19  funds and used to assist in funding the project construction

20  costs of alternative water supply projects selected by the

21  governing board. If the district has not completed any

22  regional water supply plan, or the regional water supply plan

23  does not identify the need for any alternative water supply

24  projects, funds deposited in that district's trust fund may be

25  used for water resource development projects, including, but

26  not limited to, springs protection.

27         (d)  All projects submitted to the governing board for

28  consideration shall reflect the total capital cost for

29  implementation. The costs shall be segregated pursuant to the

30  categories described in the definition of capital costs.

31  

                                  23

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1         (e)  Applicants for projects that may receive funding

 2  assistance pursuant to the Water Protection and Sustainability

 3  Program shall, at a minimum, be required to pay 60 percent of

 4  the project's construction costs. The water management

 5  districts may, at their discretion, totally or partially waive

 6  this requirement for projects sponsored by financially

 7  disadvantaged small local governments as defined in s.

 8  403.885(5). The water management districts or basin boards

 9  may, at their discretion, use ad valorem or federal revenues

10  to assist a project applicant in meeting the requirements of

11  this paragraph.

12         (f)  The governing boards shall determine those

13  projects that will be selected for financial assistance. The

14  governing boards may establish factors to determine project

15  funding; however, significant weight shall be given to the

16  following factors:

17         1.  Whether the project provides substantial

18  environmental benefits by preventing or limiting adverse water

19  resource impacts.

20         2.  Whether the project reduces competition for water

21  supplies.

22         3.  Whether the project brings about replacement of

23  traditional sources in order to help implement a minimum flow

24  or level or a reservation.

25         4.  Whether the project will be implemented by a

26  consumptive use permittee that has achieved the targets

27  contained in a goal-based water conservation program approved

28  pursuant to s. 373.227.

29         5.  The quantity of water supplied by the project as

30  compared to its cost.

31  

                                  24

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1         6.  Projects in which the construction and delivery to

 2  end users of reuse water is a major component.

 3         7.  Whether the project will be implemented by a

 4  multijurisdictional water supply entity or regional water

 5  supply authority.

 6         (g)  Additional factors to be considered in determining

 7  project funding shall include:

 8         1.  Whether the project is part of a plan to implement

 9  two or more alternative water supply projects, all of which

10  will be operated to produce water at a uniform rate for the

11  participants in a multijurisdictional water supply entity or

12  regional water supply authority.

13         2.  The percentage of project costs to be funded by the

14  water supplier or water user.

15         3.  Whether the project proposal includes sufficient

16  preliminary planning and engineering to demonstrate that the

17  project can reasonably be implemented within the timeframes

18  provided in the regional water supply plan.

19         4.  Whether the project is a subsequent phase of an

20  alternative water supply project that is underway.

21         5.  Whether and in what percentage a local government

22  or local government utility is transferring water supply

23  system revenues to the local government general fund in excess

24  of reimbursements for services received from the general fund,

25  including direct and indirect costs and legitimate payments in

26  lieu of taxes.

27         (h)  After conducting one or more meetings to solicit

28  public input on eligible projects including input from those

29  entities identified pursuant to s. 373.713(2)(a)3.d. for

30  implementation of alternative water supply projects, the

31  governing board of each water management district shall select

                                  25

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  projects for funding assistance based upon the criteria set

 2  forth in paragraphs (f) and (g). The governing board may

 3  select a project identified or listed as an alternative water

 4  supply development project in the regional water supply plan,

 5  or allocate up to 20 percent of the funding for alternative

 6  water supply projects that are not identified or listed in the

 7  regional water supply plan but are consistent with the goals

 8  of the plan.

 9         (i)  Without diminishing amounts available through

10  other means described in this paragraph, the governing boards

11  are encouraged to consider establishing revolving loan funds

12  to expand the total funds available to accomplish the

13  objectives of this section. A revolving loan fund created

14  under this paragraph must be a nonlapsing fund from which the

15  water management district may make loans with interest rates

16  below prevailing market rates to public or private entities

17  for the purposes described in this section. The governing

18  board may adopt resolutions to establish revolving loan funds

19  which must specify the details of the administration of the

20  fund, the procedures for applying for loans from the fund, the

21  criteria for awarding loans from the fund, the initial

22  capitalization of the fund, and the goals for future

23  capitalization of the fund in subsequent budget years.

24  Revolving loan funds created under this paragraph must be used

25  to expand the total sums and sources of cooperative funding

26  available for the development of alternative water supplies.

27  The Legislature does not intend for the creation of revolving

28  loan funds to supplant or otherwise reduce existing sources or

29  amounts of funds currently available through other means.

30         (j)  For each utility that receives financial

31  assistance from the state or a water management district for

                                  26

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  an alternative water supply project, the water management

 2  district shall require the appropriate rate-setting authority

 3  to develop rate structures for water customers in the service

 4  area of the funded utility that will:

 5         1.  Promote the conservation of water; and

 6         2.  Promote the use of water from alternative water

 7  supplies.

 8         (k)  The governing boards shall establish a process for

 9  the disbursal of revenues pursuant to this subsection.

10         (l)  All revenues made available pursuant to this

11  subsection must be encumbered annually by the governing board

12  when it approves projects sufficient to expend the available

13  revenues.

14         (m)  This subsection is not subject to the rulemaking

15  requirements of chapter 120.

16         (n)  By March 1 of each year, as part of the

17  consolidated annual report required by s. 373.036(5), each

18  water management district shall submit a report on the

19  disbursal of all budgeted amounts pursuant to this section.

20  Such report shall describe all alternative water supply

21  projects funded as well as the quantity of new water to be

22  created as a result of such projects and shall account

23  separately for any other moneys provided through grants,

24  matching grants, revolving loans, and the use of district

25  lands or facilities to implement regional water supply plans.

26         (o)  The Florida Public Service Commission shall allow

27  entities under its jurisdiction constructing or participating

28  in constructing facilities that provide alternative water

29  supplies to recover their full, prudently incurred cost of

30  constructing such facilities through their rate structure. If

31  construction of a facility or participation in construction is

                                  27

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  pursuant to or in furtherance of a regional water supply plan,

 2  the cost shall be deemed to be prudently incurred. Every

 3  component of an alternative water supply facility constructed

 4  by an investor-owned utility shall be recovered in current

 5  rates. Any state or water management district cost-share is

 6  not subject to the recovery provisions allowed in this

 7  paragraph.

 8         (9)  Funding assistance provided by the water

 9  management districts for a water reuse system may include the

10  following conditions for that project if a water management

11  district determines that such conditions will encourage water

12  use efficiency:

13         (a)  Metering of reclaimed water use for residential

14  irrigation, agricultural irrigation, industrial uses, except

15  for electric utilities as defined in s. 366.02(2), landscape

16  irrigation, golf course irrigation, irrigation of other public

17  access areas, commercial and institutional uses such as toilet

18  flushing, and transfers to other reclaimed water utilities;

19         (b)  Implementation of reclaimed water rate structures

20  based on actual use of reclaimed water for the reuse

21  activities listed in paragraph (a);

22         (c)  Implementation of education programs to inform the

23  public about water issues, water conservation, and the

24  importance and proper use of reclaimed water; or

25         (d)  Development of location data for key reuse

26  facilities.

27         373.713  Regional water supply planning.--

28         (1)  The governing board of each water management

29  district shall conduct water supply planning for any water

30  supply planning region within the district identified in the

31  appropriate district water supply plan under s.373.707, where

                                  28

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  it determines that existing sources of water are not adequate

 2  to supply water for all existing and future

 3  reasonable-beneficial uses and to sustain the water resources

 4  and related natural systems for the planning period. The

 5  planning must be conducted in an open public process, in

 6  coordination and cooperation with local governments, regional

 7  water supply authorities, government-owned and privately owned

 8  water utilities, multijurisdictional water supply entities,

 9  self-suppliers, and other affected and interested parties. The

10  districts shall actively engage in public education and

11  outreach to all affected local entities and their officials,

12  as well as members of the public, in the planning process and

13  in seeking input. During preparation, but prior to completion

14  of the regional water supply plan, the district must conduct

15  at least one public workshop to discuss the technical data and

16  modeling tools anticipated to be used to support the regional

17  water supply plan. The district shall also hold several public

18  meetings to communicate the status, overall conceptual intent,

19  and impacts of the plan on existing and future

20  reasonable-beneficial uses and related natural systems. During

21  the planning process, a local government may choose to prepare

22  its own water supply assessment to determine if existing water

23  sources are adequate to meet existing and projected

24  reasonable-beneficial needs of the local government while

25  sustaining water resources and related natural systems. The

26  local government shall submit such assessment, including the

27  data and methodology used, to the district. The district shall

28  consider the local government's assessment during the

29  formation of the plan. A determination by the governing board

30  that initiation of a regional water supply plan for a specific

31  planning region is not needed pursuant to this section shall

                                  29

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  be subject to s. 120.569. The governing board shall reevaluate

 2  such a determination at least once every 5 years and shall

 3  initiate a regional water supply plan, if needed, pursuant to

 4  this subsection.

 5         (2)  Each regional water supply plan shall be based on

 6  at least a 20-year planning period and shall include, but need

 7  not be limited to:

 8         (a)  A water supply development component for each

 9  water supply planning region identified by the district which

10  includes:

11         1.  A quantification of the water supply needs for all

12  existing and future reasonable-beneficial uses within the

13  planning horizon. The level-of-certainty planning goal

14  associated with identifying the water supply needs of existing

15  and future reasonable-beneficial uses shall be based upon

16  meeting those needs for a 1-in-10-year drought event.

17  Population projections used for determining public water

18  supply needs must be based upon the best available data. In

19  determining the best available data, the district shall

20  consider the University of Florida's Bureau of Economic and

21  Business Research (BEBR) medium population projections and any

22  population projection data and analysis submitted by a local

23  government pursuant to the public workshop described in

24  subsection (1) if the data and analysis support the local

25  government's comprehensive plan. Any adjustment of or

26  deviation from the BEBR projections must be fully described,

27  and the original BEBR data must be presented along with the

28  adjusted data.

29         2.  A list of water supply development project options,

30  including traditional and alternative water supply project

31  options, from which local government, government-owned and

                                  30

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  privately owned utilities, regional water supply authorities,

 2  multijurisdictional water supply entities, self-suppliers, and

 3  others may choose for water supply development. In addition to

 4  projects listed by the district, such users may propose

 5  specific projects for inclusion in the list of alternative

 6  water supply projects. If such users propose a project to be

 7  listed as an alternative water supply project, the district

 8  shall determine whether it meets the goals of the plan, and,

 9  if so, it shall be included in the list. The total capacity of

10  the projects included in the plan shall exceed the needs

11  identified in subparagraph 1. and shall take into account

12  water conservation and other demand management measures, as

13  well as water resources constraints, including adopted minimum

14  flows and levels and water reservations. Where the district

15  determines it is appropriate, the plan should specifically

16  identify the need for multijurisdictional approaches to

17  project options that, based on planning level analysis, are

18  appropriate to supply the intended uses and that, based on

19  such analysis, appear to be permittable and financially and

20  technically feasible. The list of water supply development

21  options must contain provisions that recognize that

22  alternative water supply options for agricultural

23  self-suppliers are limited.

24         3.  For each project option identified in subparagraph

25  2., the following shall be provided:

26         a.  An estimate of the amount of water to become

27  available through the project.

28         b.  The timeframe in which the project option should be

29  implemented and the estimated planning-level costs for capital

30  investment and operating and maintaining the project.

31  

                                  31

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1         c.  An analysis of funding needs and sources of

 2  possible funding options. For alternative water supply

 3  projects the water management districts shall provide funding

 4  assistance in accordance with s. 373.711(8).

 5         d.  Identification of the entity that should implement

 6  each project option and the current status of project

 7  implementation.

 8         (b)  A water resource development component that

 9  includes:

10         1.  A listing of those water resource development

11  projects that support water supply development.

12         2.  For each water resource development project listed:

13         a.  An estimate of the amount of water to become

14  available through the project.

15         b.  The timeframe in which the project option should be

16  implemented and the estimated planning-level costs for capital

17  investment and for operating and maintaining the project.

18         c.  An analysis of funding needs and sources of

19  possible funding options.

20         d.  Identification of the entity that should implement

21  each project option and the current status of project

22  implementation.

23         (c)  The recovery and prevention strategy described in

24  s. 373.0421(2).

25         (d)  A funding strategy for water resource development

26  projects, which shall be reasonable and sufficient to pay the

27  cost of constructing or implementing all of the listed

28  projects.

29         (e)  Consideration of how the project options addressed

30  in paragraph (a) serve the public interest or save costs

31  overall by preventing the loss of natural resources or

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  avoiding greater future expenditures for water resource

 2  development or water supply development. However, unless

 3  adopted by rule, these considerations do not constitute final

 4  agency action.

 5         (f)  The technical data and information applicable to

 6  each planning region which are necessary to support the

 7  regional water supply plan.

 8         (g)  The minimum flows and levels established for water

 9  resources within each planning region.

10         (h)  Reservations of water adopted by rule pursuant to

11  s. 373.223(4) within each planning region.

12         (i)  Identification of surface waters or aquifers for

13  which minimum flows and levels are scheduled to be adopted.

14         (j)  An analysis, developed in cooperation with the

15  department, of areas or instances in which the variance

16  provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to

17  create water supply development or water resource development

18  projects.

19         (3)  The water supply development component of a

20  regional water supply plan which deals with or affects public

21  utilities and public water supply for those areas served by a

22  regional water supply authority and its member governments

23  within the boundary of the Southwest Florida Water Management

24  District shall be developed jointly by the authority and the

25  district. In areas not served by regional water supply

26  authorities, or other multijurisdictional water supply

27  entities, and where opportunities exist to meet water supply

28  needs more efficiently through multijurisdictional projects

29  identified pursuant to paragraph (2)(a), water management

30  districts are directed to assist in developing

31  multijurisdictional approaches to water supply project

                                  33

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  development jointly with affected water utilities, special

 2  districts, and local governments.

 3         (4)  Governing board approval of a regional water

 4  supply plan shall not be subject to the rulemaking

 5  requirements of chapter 120. However, any portion of an

 6  approved regional water supply plan which affects the

 7  substantial interests of a party shall be subject to s.

 8  120.569.

 9         (5)  Annually and in conjunction with the reporting

10  requirements of s. 373.536(6)(a)4., the department shall

11  submit to the Governor and the Legislature a report on the

12  status of regional water supply planning in each district. The

13  report shall include:

14         (a)  A compilation of the estimated costs of and

15  potential sources of funding for water resource development

16  and water supply development projects as identified in the

17  water management district regional water supply plans.

18         (b)  The percentage and amount, by district, of

19  district ad valorem tax revenues or other district funds made

20  available to develop alternative water supplies.

21         (c)  A description of each district's progress toward

22  achieving its water resource development objectives, including

23  the district's implementation of its 5-year water resource

24  development work program.

25         (d)  An assessment of the specific progress being made

26  to implement each alternative water supply project option

27  chosen by the entities and identified for implementation in

28  the plan.

29         (e)  An overall assessment of the progress being made

30  to develop water supply in each district, including, but not

31  limited to, an explanation of how each project, either

                                  34

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  alternative or traditional, will produce, contribute to, or

 2  account for additional water being made available for

 3  consumptive uses, an estimate of the quantity of water to be

 4  produced by each project, and an assessment of the

 5  contribution of the district's regional water supply plan in

 6  providing sufficient water to meet the needs of existing and

 7  future reasonable-beneficial uses for a 1-in-10 year drought

 8  event, as well as the needs of the natural systems.

 9         (6)  Nothing contained in the water supply development

10  component of a regional water supply plan shall be construed

11  to require local governments, government-owned or privately

12  owned water utilities, special districts, self-suppliers,

13  regional water supply authorities, multijurisdictional water

14  supply entities, or other water suppliers to select a water

15  supply development project identified in the component merely

16  because it is identified in the plan. Except as provided in s.

17  373.223(3) and (5), the plan may not be used in the review of

18  permits under part II unless the plan or an applicable portion

19  thereof has been adopted by rule. However, this subsection

20  does not prohibit a water management district from employing

21  the data or other information used to establish the plan in

22  reviewing permits under part II, nor does it limit the

23  authority of the department or governing board under part II.

24         (7)  Where the water supply component of a water supply

25  planning region shows the need for one or more alternative

26  water supply projects, the district shall notify the affected

27  local governments and make every reasonable effort to educate

28  and involve local public officials in working toward solutions

29  in conjunction with the districts and, where appropriate,

30  other local and regional water supply entities.

31  

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1         (a)  Within 6 months following approval or amendment of

 2  its regional water supply plan, each water management district

 3  shall notify by certified mail each entity identified in

 4  sub-subparagraph (2)(a)3.d. of that portion of the plan

 5  relevant to the entity. Upon request of such an entity, the

 6  water management district shall appear before and present its

 7  findings and recommendations to the entity.

 8         (b)  Within 1 year after the notification by a water

 9  management district pursuant to paragraph (a), each entity

10  identified in sub-subparagraph (2)(a)3.d. shall provide to the

11  water management district written notification of the

12  following: the alternative water supply projects or options

13  identified in paragraph (2)(a) which it has developed or

14  intends to develop, if any; an estimate of the quantity of

15  water to be produced by each project; and the status of

16  project implementation, including development of the financial

17  plan, facilities master planning, permitting, and efforts in

18  coordinating multijurisdictional projects, if applicable. The

19  information provided in the notification shall be updated

20  annually, and a progress report shall be provided by November

21  15 of each year to the water management district. If an entity

22  does not intend to develop one or more of the alternative

23  water supply project options identified in the regional water

24  supply plan, the entity shall propose, within 1 year after

25  notification by a water management district pursuant to

26  paragraph (a), another alternative water supply project option

27  sufficient to address the needs identified in paragraph (2)(a)

28  within the entity's jurisdiction and shall provide an estimate

29  of the quantity of water to be produced by the project and the

30  status of project implementation as described in this

31  paragraph. The entity may request that the water management

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  district consider the other project for inclusion in the

 2  regional water supply plan.

 3         373.715  Technical assistance to local governments.--

 4         (1)  The water management districts shall assist local

 5  governments in the development and future revision of local

 6  government comprehensive plan elements or public facilities

 7  report, as required by s. 189.415, related to water supply

 8  issues by annually providing to all local governments within

 9  the jurisdiction current, relevant information, including, but

10  not limited to:

11         (a)  Information and data to assist local governments

12  in preparation of the 10-year work plan required to be

13  included in the local government comprehensive plan pursuant

14  to paragraph 163.3177(6)(c).

15         (b)  A description of regulations, programs, and

16  schedules implemented by the district.

17         (c)  A description of groundwater characteristics,

18  including existing and planned wellfield sites, existing and

19  anticipated cones of influence, highly productive groundwater

20  areas, aquifer recharge areas, deep well injection zones,

21  contaminated areas, an assessment of regional water resource

22  needs and sources for the next 20 years, and water quality.

23         (d)  Information reflecting the existing minimum flows

24  for surface watercourses to avoid harm to water resources or

25  the ecosystem and information reflecting the existing minimum

26  water levels for aquifers to avoid harm to water resources or

27  the ecosystem.

28         (e)  Information reflecting existing reservations of

29  water for the protection of fish and wildlife or the public

30  health and safety pursuant to s. 373.223(4).

31  

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1         (f)  Identification of surface waters and aquifers for

 2  which minimum flows and levels are scheduled to be adopted.

 3         (2)  Upon request, the district shall provide technical

 4  assistance to local governments in the development of water

 5  supply development project options identified in s.

 6  373.713(2)(a).

 7         373.717  Regional water supply authorities.--

 8         (1)  By interlocal agreement between counties,

 9  municipalities, or special districts, as applicable pursuant

10  to the Florida Interlocal Cooperation Act of 1969 and s.

11  163.01 and upon the approval of the Secretary of Environmental

12  Protection to ensure that such agreement will be in the public

13  interest and complies with the intent and purposes of this

14  act, regional water supply authorities may be created for the

15  purpose of developing, recovering, storing, and supplying

16  water for county or municipal purposes in such a manner as

17  will give priority to reducing adverse environmental effects

18  of excessive or improper withdrawals of water from

19  concentrated areas. In approving said agreement, the Secretary

20  of Environmental Protection shall consider, but not be limited

21  to, the following:

22         (a)  Whether the geographic territory of the proposed

23  authority is of sufficient size and character to reduce the

24  environmental effects of improper or excessive withdrawals of

25  water from concentrated areas.

26         (b)  The maximization of economic development of the

27  water resources within the territory of the proposed

28  authority.

29         (c)  The availability of a dependable and adequate

30  water supply.

31  

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1         (d)  The ability of any proposed authority to design,

 2  construct, operate, and maintain water supply facilities in

 3  the locations and at the times necessary to ensure that an

 4  adequate water supply will be available to all citizens within

 5  the authority.

 6         (e)  The effect or impact of any proposed authority on

 7  any municipality, county, or existing authority or

 8  authorities.

 9         (f)  The existing needs of the water users within the

10  area of the authority.

11         (2)  In addition to other powers and duties agreed upon

12  and notwithstanding the provisions of s. 163.01, such

13  authority may:

14         (a)  Upon approval of the electors residing in each

15  county or municipality within the territory to be included in

16  any authority, levy ad valorem taxes, not to exceed 0.5 mill,

17  pursuant to s. 9(b), Art. VII of the State Constitution. No

18  tax authorized by this paragraph shall be levied in any county

19  or municipality without an affirmative vote of the electors

20  residing in such county or municipality.

21         (b)  Acquire water; develop, store, and transport

22  water; provide, sell, and deliver water for county or

23  municipal uses and purposes; and provide for the furnishing of

24  such water and water service upon terms and conditions and at

25  rates which will apportion to parties and nonparties an

26  equitable share of the capital cost and operating expense of

27  the authority's work to the purchaser.

28         (c)  Collect, treat, and recover waste water.

29         (d)  Not engage in local distribution.

30         (e)  Exercise the power of eminent domain in the manner

31  provided by law for the condemnation of private property for

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  public use to acquire title to such interest in real property

 2  as is necessary to the exercise of the powers herein granted,

 3  except water already devoted to reasonable and beneficial use

 4  or any water production or transmission facilities owned by

 5  any county or municipality.

 6         (f)  Issue revenue bonds in the manner prescribed by

 7  the Revenue Bond Act of 1953, as amended, part I, chapter 159,

 8  to be payable solely from funds derived from the sale of water

 9  by the authority to any county or municipality. Such bonds may

10  be additionally secured by the full faith and credit of any

11  county or municipality, as provided by s. 159.16, or by a

12  pledge of excise taxes, as provided by s. 159.19. For the

13  purpose of issuing revenue bonds, an authority shall be

14  considered a "unit," as defined in s. 159.02(2), and as that

15  term is used in the Revenue Bond Act of 1953, as amended. Such

16  bonds may be issued to finance the cost of acquiring

17  properties and facilities for the production and transmission

18  of water by the authority to any county or municipality, which

19  cost shall include the acquisition of real property and

20  easements therein for such purposes. Such bonds may be in the

21  form of refunding bonds to take up any outstanding bonds of

22  the authority or of any county or municipality where such

23  outstanding bonds are secured by properties and facilities for

24  production and transmission of water, which properties and

25  facilities are being acquired by the authority. Refunding

26  bonds may be issued to take up and refund all outstanding

27  bonds of said authority that are subject to call and

28  termination and all bonds of said authority that are not

29  subject to call or redemption when the surrender of said bonds

30  can be procured from the holder thereof at prices satisfactory

31  to the authority. Such refunding bonds may be issued at any

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  time when, in the judgment of the authority, it will be to the

 2  best interest of the authority financially or economically by

 3  securing a lower rate of interest on said bonds or by

 4  extending the time of maturity of said bonds or, for any other

 5  reason, in the judgment of the authority, advantageous to said

 6  authority.

 7         (g)  Sue and be sued in its own name.

 8         (h)  Borrow money and incur indebtedness and issue

 9  bonds or other evidence of such indebtedness.

10         (i)  Join with one or more other public corporations

11  for the purpose of carrying out any of its powers and, for

12  that purpose, to contract with such other public corporation

13  or corporations for the purpose of financing such

14  acquisitions, construction, and operations. Such contracts may

15  provide for contributions to be made by each party thereto,

16  for the division and apportionment of the expenses of such

17  acquisitions and operations and for the division and

18  apportionment of the benefits, services, and products

19  therefrom. Such contract may contain such other and further

20  covenants and agreements as may be necessary and convenient to

21  accomplish the purposes hereof.

22         (3)  A regional water supply authority is authorized to

23  develop, construct, operate, maintain, or contract for

24  alternative sources of potable water, including desalinated

25  water, and pipelines to interconnect authority sources and

26  facilities, either by itself or jointly with a water

27  management district; however, such alternative potable water

28  sources, facilities, and pipelines may also be privately

29  developed, constructed, owned, operated, and maintained, in

30  which event an authority and a water management district are

31  authorized to pledge and contribute their funds to reduce the

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  wholesale cost of water from such alternative sources of

 2  potable water supplied by an authority to its member

 3  governments.

 4         (4)  When it is found to be in the public interest, for

 5  the public convenience and welfare, for a public benefit, and

 6  necessary for carrying out the purpose of any regional water

 7  supply authority, any state agency, county, water control

 8  district existing pursuant to chapter 298, water management

 9  district existing pursuant to this chapter, municipality,

10  governmental agency, or public corporation in this state

11  holding title to any interest in land is hereby authorized, in

12  its discretion, to convey the title to or dedicate land, title

13  to which is in such entity, including tax-reverted land, or to

14  grant use-rights therein, to any regional water supply

15  authority created pursuant to this section. Land granted or

16  conveyed to such authority shall be for the public purposes of

17  such authority and may be made subject to the condition that

18  in the event said land is not so used, or if used and

19  subsequently its use for said purpose is abandoned, the

20  interest granted shall cease as to such authority and shall

21  automatically revert to the granting entity.

22         (5)  Each county, special district or municipality that

23  is a party to an agreement pursuant to subsection (1) shall

24  have a preferential right to purchase water from the regional

25  water supply authority for use by such county, special

26  district or municipality.

27         (6)  In carrying out the provisions of this section,

28  any county wherein water is withdrawn by the authority shall

29  not be deprived, directly or indirectly, of the prior right to

30  the reasonable and beneficial use of water which is required

31  adequately to supply the reasonable and beneficial needs of

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  the county or any of the inhabitants or property owners

 2  therein.

 3         (7)  Upon a resolution adopted by the governing body of

 4  any county or municipality, the authority may, subject to a

 5  majority vote of its voting members, include such county or

 6  municipality in its regional water supply authority upon such

 7  terms and conditions as may be prescribed.

 8         (8)  The authority shall design, construct, operate,

 9  and maintain facilities in the locations and at the times

10  necessary to ensure that an adequate water supply will be

11  available to all citizens within the authority.

12         (9)  Where a water supply authority exists pursuant to

13  this section or s. 373.719 under a voluntary interlocal

14  agreement that is consistent with requirements in s.

15  373.719(1)(b) and receives or maintains consumptive use

16  permits under this voluntary agreement consistent with the

17  water supply plan, if any, adopted by the governing board,

18  such authority shall be exempt from consideration by the

19  governing board or department of the factors specified in s.

20  373.223(3)(a)-(g) and the submissions required by s.

21  373.229(3). Such exemptions shall apply only to water sources

22  within the jurisdictional areas of such voluntary water supply

23  interlocal agreements.

24         373.719  Assistance to Tampa Bay Water.--

25         (1)  It is the intent of the Legislature to authorize

26  the implementation of changes in governance recommended by the

27  West Coast Regional Water Supply Authority, the predecessor to

28  Tampa Bay Water, in its reports to the Legislature dated

29  February 1, 1997, and January 5, 1998. The authority and its

30  member governments may reconstitute the authority's governance

31  and rename the authority under a voluntary interlocal

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  agreement with a term of not less than 20 years. The

 2  interlocal agreement must comply with this subsection as

 3  follows:

 4         (a)  The authority and its member governments agree

 5  that cooperative efforts are mandatory to meet their water

 6  needs in a manner that will provide adequate and dependable

 7  supplies of water where needed without resulting in adverse

 8  environmental effects upon the areas from which the water is

 9  withdrawn or otherwise produced.

10         (b)  In accordance with s. 4, Art. VIII of the State

11  Constitution and notwithstanding s. 163.01, the interlocal

12  agreement may include the following terms, which are

13  considered approved by the parties without a vote of their

14  electors, upon execution of the interlocal agreement by all

15  member governments and upon satisfaction of all conditions

16  precedent in the interlocal agreement:

17         1.  All member governments shall relinquish to the

18  authority their individual rights to develop potable water

19  supply sources, except as otherwise provided in the interlocal

20  agreement.

21         2.  The authority shall be the sole and exclusive

22  wholesale potable water supplier for all member governments.

23         3.  The authority shall have the absolute and

24  unequivocal obligation to meet the wholesale needs of the

25  member governments for potable water.

26         4.  A member government may not restrict or prohibit

27  the use of land within a member's jurisdictional boundaries by

28  the authority for water supply purposes through use of zoning,

29  land use, comprehensive planning, or other form of regulation.

30         5.  A member government may not impose any tax, fee, or

31  charge upon the authority in conjunction with the production

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  or supply of water not otherwise provided for in the

 2  interlocal agreement.

 3         6.  The authority may use the powers provided in part

 4  II of chapter 159 for financing and refinancing water

 5  treatment, production, or transmission facilities, including,

 6  but not limited to, desalination facilities. All such water

 7  treatment, production, or transmission facilities are

 8  considered a "manufacturing plant" for purposes of s.

 9  159.27(5) and serve a paramount public purpose by providing

10  water to citizens of the state.

11         7.  A member government and any governmental or

12  quasi-judicial board or commission established by local

13  ordinance or general or special law where the governing

14  membership of such board or commission is shared, in whole or

15  in part, or appointed by a member government agreeing to be

16  bound by the interlocal agreement shall be limited to the

17  procedures set forth therein regarding actions that directly

18  or indirectly restrict or prohibit the use of lands or other

19  activities related to the production or supply of water.

20         (c)  The authority shall acquire full or lesser

21  interests in all regionally significant member government

22  wholesale water supply facilities and tangible assets and each

23  member government shall convey such interests in the

24  facilities and assets to the authority, at an agreed value.

25         (d)  The authority shall charge a uniform per gallon

26  wholesale rate to member governments for the wholesale supply

27  of potable water. All capital, operation, maintenance, and

28  administrative costs for existing facilities and acquired

29  facilities, authority master water plan facilities, and other

30  future projects must be allocated to member governments based

31  on water usage at the uniform per gallon wholesale rate.

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1         (e)  The interlocal agreement may include procedures

 2  for resolving the parties' differences regarding water

 3  management district proposed agency action in the water use

 4  permitting process within the authority. Such procedures

 5  should minimize the potential for litigation and include

 6  alternative dispute resolution. Any governmental or

 7  quasi-judicial board or commission established by local

 8  ordinance or general or special law where the governing

 9  members of such board or commission is shared, in whole or in

10  part, or appointed by a member government may agree to be

11  bound by the dispute resolution procedures set forth in the

12  interlocal agreement.

13         (f)  Upon execution of the voluntary interlocal

14  agreement provided for herein, the authority shall jointly

15  develop with the Southwest Florida Water Management District

16  alternative sources of potable water and transmission

17  pipelines to interconnect regionally significant water supply

18  sources and facilities of the authority in amounts sufficient

19  to meet the needs of all member governments for a period of at

20  least 20 years and for natural systems. Nothing herein,

21  however, shall preclude the authority and its member

22  governments from developing traditional water sources pursuant

23  to the voluntary interlocal agreement. Development and

24  construction costs for alternative source facilities, which

25  may include a desalination facility and significant regional

26  interconnects, must be borne as mutually agreed to by both the

27  authority and the Southwest Florida Water Management District.

28  Nothing herein shall preclude authority or district cost

29  sharing with private entities for the construction or

30  ownership of alternative source facilities. By December 31,

31  

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  1997, the authority and the Southwest Florida Water Management

 2  District shall:

 3         1.  Enter into a mutually acceptable agreement

 4  detailing the development and implementation of directives

 5  contained in this paragraph; or

 6         2.  Jointly prepare and submit to the President of the

 7  Senate and the Speaker of the House of Representatives a

 8  report describing the progress made and impediments

 9  encountered in their attempts to implement the water resource

10  development and water supply development directives contained

11  in this paragraph. Nothing in this section shall be construed

12  to modify the rights or responsibilities of the authority or

13  its member governments, except as otherwise provided herein,

14  or of the Southwest Florida Water Management District or the

15  department pursuant to this chapter or chapter 403 and as

16  otherwise set forth by statutes.

17         (g)  Unless otherwise provided in the interlocal

18  agreement, the authority shall be governed by a board of

19  commissioners consisting of nine voting members, all of whom

20  must be elected officers, as follows:

21         1.  Three members from Hillsborough County who must be

22  selected by the county commission; provided, however, that one

23  member shall be selected by the Mayor of Tampa in the event

24  that the City of Tampa elects to be a member of the authority.

25         2.  Three members from Pasco County, two of whom must

26  be selected by the county commission and one of whom must be

27  selected by the City Council of New Port Richey.

28         3.  Three members from Pinellas County, two of whom

29  must be selected by the county commission and one of whom must

30  be selected by the City Council of St. Petersburg. Except as

31  otherwise provided in this section or in the voluntary

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  interlocal agreement between the member governments, a

 2  majority vote shall bind the authority and its member

 3  governments in all matters relating to the funding of

 4  wholesale water supply, production, delivery, and related

 5  activities.

 6         (2)  The provisions of this section supersede any

 7  conflicting provisions contained in all other general or

 8  special laws or provisions thereof as they may apply directly

 9  or indirectly to the exclusivity of water supply or withdrawal

10  of water, including provisions relating to the environmental

11  effects, if any, in conjunction with the production and supply

12  of potable water, and the provisions of this section are

13  intended to be a complete revision of all laws related to a

14  regional water supply authority created under s. 373.717 and

15  this section.

16         (3)  The authority shall prepare its annual budget in

17  the same manner as prescribed for the preparation of basin

18  budgets, but such authority budget shall not be subject to

19  review by the respective basin boards or by the governing

20  board of the district.

21         (4)  The annual millage for the authority shall be the

22  amount required to raise the amount called for by the annual

23  budget when applied to the total assessment on all taxable

24  property within the limits of the authority, as determined for

25  county taxing purposes.

26         (5)  The authority may, by resolution, request the

27  governing board of the district to levy ad valorem taxes

28  within the boundaries of the authority. Upon receipt of such

29  request, together with formal certification of the adoption of

30  its annual budget and of the required tax levy, the authority

31  

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  tax levy shall be made by the governing board of the district

 2  to finance authority functions.

 3         (6)  The taxes provided for in this section shall be

 4  extended by the property appraiser on the county tax roll in

 5  each county within, or partly within, the authority boundaries

 6  and shall be collected by the tax collector in the same manner

 7  and time as county taxes, and the proceeds therefrom paid to

 8  the district, which shall forthwith pay them over to the

 9  authority. Until paid, such taxes shall be a lien on the

10  property against which assessed and enforceable in like manner

11  as county taxes. The property appraisers, tax collectors, and

12  clerks of the circuit court of the respective counties shall

13  be entitled to compensation for services performed in

14  connection with such taxes at the same rates as apply to

15  county taxes.

16         (7)  The governing board of the district shall not be

17  responsible for any actions or lack of actions by the

18  authority.

19         Section 2.  Subsection (4) of section 11.80, Florida

20  Statutes, is amended to read:

21         11.80  Joint Legislative Committee on Everglades

22  Oversight.--

23         (4)  Annually, no later than March 1, as part of the

24  consolidated annual report required by s. 373.036(5)(7), the

25  South Florida Water Management District shall report to the

26  Joint Legislative Committee on Everglades Oversight on the

27  status of the implementation of the Everglades Forever Act.

28  Such report shall include, but is not limited to:

29         (a)  Progress on the Everglades Construction Project.

30         (b)  Changes to the Everglades Construction Project.

31         (c)  Actual revenues, compared to projected revenues.

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1         (d)  Projected acquisition costs, construction costs,

 2  operation and maintenance costs, and projected revenues, over

 3  the succeeding 5 years.

 4         Section 3.  Subsection (12) of section 120.52, Florida

 5  Statutes, is amended to read:

 6         120.52  Definitions.--As used in this act:

 7         (12)  "Party" means:

 8         (a)  Specifically named persons whose substantial

 9  interests are being determined in the proceeding.

10         (b)  Any other person who, as a matter of

11  constitutional right, provision of statute, or provision of

12  agency regulation, is entitled to participate in whole or in

13  part in the proceeding, or whose substantial interests will be

14  affected by proposed agency action, and who makes an

15  appearance as a party.

16         (c)  Any other person, including an agency staff

17  member, allowed by the agency to intervene or participate in

18  the proceeding as a party. An agency may by rule authorize

19  limited forms of participation in agency proceedings for

20  persons who are not eligible to become parties.

21         (d)  Any county representative, agency, department, or

22  unit funded and authorized by state statute or county

23  ordinance to represent the interests of the consumers of a

24  county, when the proceeding involves the substantial interests

25  of a significant number of residents of the county and the

26  board of county commissioners has, by resolution, authorized

27  the representative, agency, department, or unit to represent

28  the class of interested persons. The authorizing resolution

29  shall apply to a specific proceeding and to appeals and

30  ancillary proceedings thereto, and it shall not be required to

31  

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  state the names of the persons whose interests are to be

 2  represented.

 3  

 4  The term "party" does not include a member government of a

 5  regional water supply authority or a governmental or

 6  quasi-judicial board or commission established by local

 7  ordinance or special or general law where the governing

 8  membership of such board or commission is shared with, in

 9  whole or in part, or appointed by a member government of a

10  regional water supply authority in proceedings under s.

11  120.569, s. 120.57, or s. 120.68, to the extent that an

12  interlocal agreement under ss. 163.01 and 373.717 373.1962

13  exists in which the member government has agreed that its

14  substantial interests are not affected by the proceedings or

15  that it is to be bound by alternative dispute resolution in

16  lieu of participating in the proceedings. This exclusion

17  applies only to those particular types of disputes or

18  controversies, if any, identified in an interlocal agreement.

19         Section 4.  Subsection (13) of section 163.3167,

20  Florida Statutes, is amended to read:

21         163.3167  Scope of act.--

22         (13)  Each local government shall address in its

23  comprehensive plan, as enumerated in this chapter, the water

24  supply sources necessary to meet and achieve the existing and

25  projected water use demand for the established planning

26  period, considering the applicable plan developed pursuant to

27  s. 373.713 373.0361.

28         Section 5.  Paragraph (a) of subsection (4) and

29  paragraphs (c), (d), and (h) of subsection (6) of section

30  163.3177, Florida Statutes, are amended to read:

31  

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1         163.3177  Required and optional elements of

 2  comprehensive plan; studies and surveys.--

 3         (4)(a)  Coordination of the local comprehensive plan

 4  with the comprehensive plans of adjacent municipalities, the

 5  county, adjacent counties, or the region; with the appropriate

 6  water management district's regional water supply plans

 7  approved pursuant to s. 373.713 373.0361; with adopted rules

 8  pertaining to designated areas of critical state concern; and

 9  with the state comprehensive plan shall be a major objective

10  of the local comprehensive planning process. To that end, in

11  the preparation of a comprehensive plan or element thereof,

12  and in the comprehensive plan or element as adopted, the

13  governing body shall include a specific policy statement

14  indicating the relationship of the proposed development of the

15  area to the comprehensive plans of adjacent municipalities,

16  the county, adjacent counties, or the region and to the state

17  comprehensive plan, as the case may require and as such

18  adopted plans or plans in preparation may exist.

19         (6)  In addition to the requirements of subsections

20  (1)-(5) and (12), the comprehensive plan shall include the

21  following elements:

22         (c)  A general sanitary sewer, solid waste, drainage,

23  potable water, and natural groundwater aquifer recharge

24  element correlated to principles and guidelines for future

25  land use, indicating ways to provide for future potable water,

26  drainage, sanitary sewer, solid waste, and aquifer recharge

27  protection requirements for the area. The element may be a

28  detailed engineering plan including a topographic map

29  depicting areas of prime groundwater recharge. The element

30  shall describe the problems and needs and the general

31  facilities that will be required for solution of the problems

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  and needs. The element shall also include a topographic map

 2  depicting any areas adopted by a regional water management

 3  district as prime groundwater recharge areas for the Floridan

 4  or Biscayne aquifers, pursuant to s. 373.0397. These areas

 5  shall be given special consideration when the local government

 6  is engaged in zoning or considering future land use for said

 7  designated areas. For areas served by septic tanks, soil

 8  surveys shall be provided which indicate the suitability of

 9  soils for septic tanks. Within 18 months after the governing

10  board approves an updated regional water supply plan, the

11  element must incorporate the alternative water supply project

12  or projects selected by the local government from those

13  identified in the regional water supply plan pursuant to s.

14  373.713 373.0361(2)(a) or proposed by the local government

15  under s. 373.713 373.0361(7)(b). If a local government is

16  located within two water management districts, the local

17  government shall adopt its comprehensive plan amendment within

18  18 months after the later updated regional water supply plan.

19  The element must identify such alternative water supply

20  projects and traditional water supply projects and

21  conservation and reuse necessary to meet the water needs

22  identified in s. 373.713 373.0361(2)(a) within the local

23  government's jurisdiction and include a work plan, covering at

24  least a 10 year planning period, for building public, private,

25  and regional water supply facilities, including development of

26  alternative water supplies, which are identified in the

27  element as necessary to serve existing and new development.

28  The work plan shall be updated, at a minimum, every 5 years

29  within 18 months after the governing board of a water

30  management district approves an updated regional water supply

31  plan. Amendments to incorporate the work plan do not count

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  toward the limitation on the frequency of adoption of

 2  amendments to the comprehensive plan. Local governments,

 3  public and private utilities, regional water supply

 4  authorities, special districts, and water management districts

 5  are encouraged to cooperatively plan for the development of

 6  multijurisdictional water supply facilities that are

 7  sufficient to meet projected demands for established planning

 8  periods, including the development of alternative water

 9  sources to supplement traditional sources of groundwater and

10  surface water supplies.

11         (d)  A conservation element for the conservation, use,

12  and protection of natural resources in the area, including

13  air, water, water recharge areas, wetlands, waterwells,

14  estuarine marshes, soils, beaches, shores, flood plains,

15  rivers, bays, lakes, harbors, forests, fisheries and wildlife,

16  marine habitat, minerals, and other natural and environmental

17  resources. Local governments shall assess their current, as

18  well as projected, water needs and sources for at least a

19  10-year period, considering the appropriate regional water

20  supply plan approved pursuant to s. 373.713 373.0361, or, in

21  the absence of an approved regional water supply plan, the

22  district water supply management plan approved pursuant to s.

23  373.707 373.036(2). This information shall be submitted to the

24  appropriate agencies. The land use map or map series contained

25  in the future land use element shall generally identify and

26  depict the following:

27         1.  Existing and planned waterwells and cones of

28  influence where applicable.

29         2.  Beaches and shores, including estuarine systems.

30         3.  Rivers, bays, lakes, flood plains, and harbors.

31         4.  Wetlands.

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    16-1343-07                                              See HB




 1         5.  Minerals and soils.

 2  

 3  The land uses identified on such maps shall be consistent with

 4  applicable state law and rules.

 5         (h)1.  An intergovernmental coordination element

 6  showing relationships and stating principles and guidelines to

 7  be used in the accomplishment of coordination of the adopted

 8  comprehensive plan with the plans of school boards, regional

 9  water supply authorities, and other units of local government

10  providing services but not having regulatory authority over

11  the use of land, with the comprehensive plans of adjacent

12  municipalities, the county, adjacent counties, or the region,

13  with the state comprehensive plan and with the applicable

14  regional water supply plan approved pursuant to s. 373.713

15  373.0361, as the case may require and as such adopted plans or

16  plans in preparation may exist. This element of the local

17  comprehensive plan shall demonstrate consideration of the

18  particular effects of the local plan, when adopted, upon the

19  development of adjacent municipalities, the county, adjacent

20  counties, or the region, or upon the state comprehensive plan,

21  as the case may require.

22         a.  The intergovernmental coordination element shall

23  provide for procedures to identify and implement joint

24  planning areas, especially for the purpose of annexation,

25  municipal incorporation, and joint infrastructure service

26  areas.

27         b.  The intergovernmental coordination element shall

28  provide for recognition of campus master plans prepared

29  pursuant to s. 1013.30.

30         c.  The intergovernmental coordination element may

31  provide for a voluntary dispute resolution process as

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    16-1343-07                                              See HB




 1  established pursuant to s. 186.509 for bringing to closure in

 2  a timely manner intergovernmental disputes. A local government

 3  may develop and use an alternative local dispute resolution

 4  process for this purpose.

 5         2.  The intergovernmental coordination element shall

 6  further state principles and guidelines to be used in the

 7  accomplishment of coordination of the adopted comprehensive

 8  plan with the plans of school boards and other units of local

 9  government providing facilities and services but not having

10  regulatory authority over the use of land. In addition, the

11  intergovernmental coordination element shall describe joint

12  processes for collaborative planning and decisionmaking on

13  population projections and public school siting, the location

14  and extension of public facilities subject to concurrency, and

15  siting facilities with countywide significance, including

16  locally unwanted land uses whose nature and identity are

17  established in an agreement. Within 1 year of adopting their

18  intergovernmental coordination elements, each county, all the

19  municipalities within that county, the district school board,

20  and any unit of local government service providers in that

21  county shall establish by interlocal or other formal agreement

22  executed by all affected entities, the joint processes

23  described in this subparagraph consistent with their adopted

24  intergovernmental coordination elements.

25         3.  To foster coordination between special districts

26  and local general-purpose governments as local general-purpose

27  governments implement local comprehensive plans, each

28  independent special district must submit a public facilities

29  report to the appropriate local government as required by s.

30  189.415.

31  

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1         4.a.  Local governments must execute an interlocal

 2  agreement with the district school board, the county, and

 3  nonexempt municipalities pursuant to s. 163.31777. The local

 4  government shall amend the intergovernmental coordination

 5  element to provide that coordination between the local

 6  government and school board is pursuant to the agreement and

 7  shall state the obligations of the local government under the

 8  agreement.

 9         b.  Plan amendments that comply with this subparagraph

10  are exempt from the provisions of s. 163.3187(1).

11         5.  The state land planning agency shall establish a

12  schedule for phased completion and transmittal of plan

13  amendments to implement subparagraphs 1., 2., and 3. from all

14  jurisdictions so as to accomplish their adoption by December

15  31, 1999. A local government may complete and transmit its

16  plan amendments to carry out these provisions prior to the

17  scheduled date established by the state land planning agency.

18  The plan amendments are exempt from the provisions of s.

19  163.3187(1).

20         6.  By January 1, 2004, any county having a population

21  greater than 100,000, and the municipalities and special

22  districts within that county, shall submit a report to the

23  Department of Community Affairs which:

24         a.  Identifies all existing or proposed interlocal

25  service-delivery agreements regarding the following:

26  education; sanitary sewer; public safety; solid waste;

27  drainage; potable water; parks and recreation; and

28  transportation facilities.

29         b.  Identifies any deficits or duplication in the

30  provision of services within its jurisdiction, whether capital

31  or operational. Upon request, the Department of Community

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  Affairs shall provide technical assistance to the local

 2  governments in identifying deficits or duplication.

 3         7.  Within 6 months after submission of the report, the

 4  Department of Community Affairs shall, through the appropriate

 5  regional planning council, coordinate a meeting of all local

 6  governments within the regional planning area to discuss the

 7  reports and potential strategies to remedy any identified

 8  deficiencies or duplications.

 9         8.  Each local government shall update its

10  intergovernmental coordination element based upon the findings

11  in the report submitted pursuant to subparagraph 6. The report

12  may be used as supporting data and analysis for the

13  intergovernmental coordination element.

14         Section 6.  Paragraph (l) of subsection (2) of section

15  163.3191, Florida Statutes, is amended to read:

16         163.3191  Evaluation and appraisal of comprehensive

17  plan.--

18         (2)  The report shall present an evaluation and

19  assessment of the comprehensive plan and shall contain

20  appropriate statements to update the comprehensive plan,

21  including, but not limited to, words, maps, illustrations, or

22  other media, related to:

23         (l)  The evaluation must consider the appropriate water

24  management district's regional water supply plan approved

25  pursuant to s. 373.713. The potable water element must be

26  revised to include a work plan, covering at least a 10-year

27  planning period, for building any water supply facilities that

28  are identified in the element as necessary to serve existing

29  and new development and for which the local government is

30  responsible The extent to which the local government has been

31  successful in identifying alternative water supply projects

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    16-1343-07                                              See HB




 1  and traditional water supply projects, including conservation

 2  and reuse, necessary to meet the water needs identified in s.

 3  373.0361(2)(a) within the local government's jurisdiction. The

 4  report must evaluate the degree to which the local government

 5  has implemented the work plan for building public, private,

 6  and regional water supply facilities, including development of

 7  alternative water supplies, identified in the element as

 8  necessary to serve existing and new development.

 9         Section 7.  Paragraph (n) of subsection (2) of section

10  186.009, Florida Statutes, is amended to read:

11         186.009  Growth management portion of the state

12  comprehensive plan.--

13         (2)  The growth management portion of the state

14  comprehensive plan shall:

15         (n)  Set forth recommendations on how to integrate the

16  Florida water supply plan required by s. 373.707 373.036 and

17  transportation plans required by chapter 339.

18         Section 8.  Paragraphs (c) and (d) of subsection (4) of

19  section 189.404, Florida Statutes, are amended to read:

20         189.404  Legislative intent for the creation of

21  independent special districts; special act prohibitions; model

22  elements and other requirements; general-purpose local

23  government/Governor and Cabinet creation authorizations.--

24         (4)  LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION

25  AUTHORIZATIONS.--Except as otherwise authorized by general

26  law, only the Legislature may create independent special

27  districts.

28         (c)  The Governor and Cabinet may create an independent

29  special district which shall be established by rule in

30  accordance with s. 190.005 or as otherwise authorized in

31  general law. The Governor and Cabinet may also approve the

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  establishment of a charter for the creation of an independent

 2  special district which shall be in accordance with s. 373.717

 3  373.1962, or as otherwise authorized in general law.

 4         (d)1.  Any combination of two or more counties may

 5  create a regional special district which shall be established

 6  in accordance with s. 950.001, or as otherwise authorized in

 7  general law.

 8         2.  Any combination of two or more counties or

 9  municipalities may create a regional special district which

10  shall be established in accordance with s. 373.717 373.1962,

11  or as otherwise authorized by general law.

12         3.  Any combination of two or more counties,

13  municipalities, or other political subdivisions may create a

14  regional special district in accordance with s. 163.567, or as

15  otherwise authorized in general law.

16         Section 9.  Subsection (3) of section 189.4155, Florida

17  Statutes, is amended to read:

18         189.4155  Activities of special districts; local

19  government comprehensive planning.--

20         (3)  The provisions of this section shall not apply to

21  water management districts created pursuant to s. 373.069, to

22  regional water supply authorities created pursuant to s.

23  373.717 373.1962, or to spoil disposal sites owned or used by

24  the Federal Government.

25         Section 10.  Section 189.4156, Florida Statutes, is

26  amended to read:

27         189.4156  Water management district technical

28  assistance; local government comprehensive planning.--Water

29  management districts shall assist local governments in the

30  development of local government comprehensive plan elements

31  

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    16-1343-07                                              See HB




 1  related to water resource issues as required by s. 373.715

 2  373.0391.

 3         Section 11.  Subsection (7) of section 367.021, Florida

 4  Statutes, is amended to read:

 5         367.021  Definitions.--As used in this chapter, the

 6  following words or terms shall have the meanings indicated:

 7         (7)  "Governmental authority" means a political

 8  subdivision, as defined by s. 1.01(8), a regional water supply

 9  authority created pursuant to s. 373.717 373.1962, or a

10  nonprofit corporation formed for the purpose of acting on

11  behalf of a political subdivision with respect to a water or

12  wastewater facility.

13         Section 12.  Subsection (4) of section 373.016, Florida

14  Statutes, is amended, and subsections (5) and (6) of that

15  section are renumbered as subsections (4) and (5),

16  respectively, to read:

17         373.016  Declaration of policy.--

18         (4)(a) Because water constitutes a public resource

19  benefiting the entire state, it is the policy of the

20  Legislature that the waters in the state be managed on a state

21  and regional basis. Consistent with this directive, the

22  Legislature recognizes the need to allocate water throughout

23  the state so as to meet all reasonable-beneficial uses.

24  However, the Legislature acknowledges that such allocations

25  have in the past adversely affected the water resources of

26  certain areas in this state. To protect such water resources

27  and to meet the current and future needs of those areas with

28  abundant water, the Legislature directs the department and the

29  water management districts to encourage the use of water from

30  sources nearest the area of use or application whenever

31  practicable. Such sources shall include all naturally

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    16-1343-07                                              See HB




 1  occurring water sources and all alternative water sources,

 2  including, but not limited to, desalination, conservation,

 3  reuse of nonpotable reclaimed water and stormwater, and

 4  aquifer storage and recovery. Reuse of potable reclaimed water

 5  and stormwater shall not be subject to the evaluation

 6  described in s. 373.223(3)(a)-(g). However, this directive to

 7  encourage the use of water, whenever practicable, from sources

 8  nearest the area of use or application shall not apply to the

 9  transport and direct and indirect use of water within the area

10  encompassed by the Central and Southern Florida Flood Control

11  Project, nor shall it apply anywhere in the state to the

12  transport and use of water supplied exclusively for bottled

13  water as defined in s. 500.03(1)(d), nor shall it apply to the

14  transport and use of reclaimed water for electrical power

15  production by an electric utility as defined in section

16  366.02(2).

17         (b) In establishing the policy outlined in paragraph

18  (a), the Legislature realizes that under certain circumstances

19  the need to transport water from distant sources may be

20  necessary for environmental, technical, or economic reasons.

21         (4)(5)  The Legislature recognizes that the water

22  resource problems of the state vary from region to region,

23  both in magnitude and complexity. It is therefore the intent

24  of the Legislature to vest in the Department of Environmental

25  Protection or its successor agency the power and

26  responsibility to accomplish the conservation, protection,

27  management, and control of the waters of the state and with

28  sufficient flexibility and discretion to accomplish these ends

29  through delegation of appropriate powers to the various water

30  management districts. The department may exercise any power

31  herein authorized to be exercised by a water management

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  district; however, to the greatest extent practicable, such

 2  power should be delegated to the governing board of a water

 3  management district.

 4         (5)(6)  It is further declared the policy of the

 5  Legislature that each water management district, to the extent

 6  consistent with effective management practices, shall

 7  approximate its fiscal and budget policies and procedures to

 8  those of the state.

 9         Section 13.  Section 373.019, Florida Statutes, is

10  amended to read:

11         373.019  Definitions.--When appearing in this chapter

12  or in any rule, regulation, or order adopted pursuant thereto,

13  the term:

14         (1)  "Alternative water supplies" means salt water;

15  brackish surface and groundwater; surface water captured

16  predominately during wet-weather flows; sources made available

17  through the addition of new storage capacity for surface or

18  groundwater, water that has been reclaimed after one or more

19  public supply, municipal, industrial, commercial, or

20  agricultural uses; the downstream augmentation of water bodies

21  with reclaimed water; stormwater; and any other water supply

22  source that is designated as nontraditional for a water supply

23  planning region in the applicable regional water supply plan.

24         (2)  "Capital costs" means planning, design,

25  engineering, and project construction costs.

26         (3)  "Coastal waters" means waters of the Atlantic

27  Ocean or the Gulf of Mexico within the jurisdiction of the

28  state.

29         (4)  "Department" means the Department of Environmental

30  Protection or its successor agency or agencies.

31  

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 1         (5)  "District water management plan" means the

 2  regional water resource plan developed by a governing board

 3  under s. 373.036.

 4         (6)  "Domestic use" means the use of water for the

 5  individual personal household purposes of drinking, bathing,

 6  cooking, or sanitation. All other uses shall not be considered

 7  domestic.

 8         (7)  "Florida water plan" means the state-level water

 9  resource plan developed by the department under s. 373.036.

10         (8)  "Governing board" means the governing board of a

11  water management district.

12         (9)  "Groundwater" means water beneath the surface of

13  the ground, whether or not flowing through known and definite

14  channels.

15         (10)  "Impoundment" means any lake, reservoir, pond, or

16  other containment of surface water occupying a bed or

17  depression in the earth's surface and having a discernible

18  shoreline.

19         (11)  "Independent scientific peer review" means the

20  review of scientific data, theories, and methodologies by a

21  panel of independent, recognized experts in the fields of

22  hydrology, hydrogeology, limnology, and other scientific

23  disciplines relevant to the matters being reviewed under s.

24  373.042.

25         (12)  "Multijurisdictional water supply entity" means

26  two or more water utilities or local governments that have

27  organized into a larger entity, or entered into an interlocal

28  agreement or contract, for the purpose of more efficiently

29  pursuing water supply development or alternative water supply

30  development projects listed pursuant to a regional water

31  supply plan.

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 1         (13)  "Nonregulated use" means any use of water which

 2  is exempted from regulation by the provisions of this chapter.

 3         (14)  "Other watercourse" means any canal, ditch, or

 4  other artificial watercourse in which water usually flows in a

 5  defined bed or channel. It is not essential that the flowing

 6  be uniform or uninterrupted.

 7         (15)  "Person" means any and all persons, natural or

 8  artificial, including any individual, firm, association,

 9  organization, partnership, business trust, corporation,

10  company, the United States of America, and the state and all

11  political subdivisions, regions, districts, municipalities,

12  and public agencies thereof. The enumeration herein is not

13  intended to be exclusive or exhaustive.

14         (16)  "Reasonable-beneficial use" means the use of

15  water in such quantity as is necessary for economic and

16  efficient utilization for a purpose and in a manner which is

17  both reasonable and consistent with the public interest.

18         (17)  "Regional water supply plan" means a detailed

19  water supply plan developed by a governing board under s.

20  373.0361.

21         (17)(18)  "Stream" means any river, creek, slough, or

22  natural watercourse in which water usually flows in a defined

23  bed or channel. It is not essential that the flowing be

24  uniform or uninterrupted. The fact that some part of the bed

25  or channel has been dredged or improved does not prevent the

26  watercourse from being a stream.

27         (18)(19)  "Surface water" means water upon the surface

28  of the earth, whether contained in bounds created naturally or

29  artificially or diffused. Water from natural springs shall be

30  classified as surface water when it exits from the spring onto

31  the earth's surface.

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 1         (19)(20)  "Water" or "waters in the state" means any

 2  and all water on or beneath the surface of the ground or in

 3  the atmosphere, including natural or artificial watercourses,

 4  lakes, ponds, or diffused surface water and water percolating,

 5  standing, or flowing beneath the surface of the ground, as

 6  well as all coastal waters within the jurisdiction of the

 7  state.

 8         (20)(21)  "Water management district" means any flood

 9  control, resource management, or water management district

10  operating under the authority of this chapter.

11         (22)  "Water resource development" means the

12  formulation and implementation of regional water resource

13  management strategies, including the collection and evaluation

14  of surface water and groundwater data; structural and

15  nonstructural programs to protect and manage water resources;

16  the development of regional water resource implementation

17  programs; the construction, operation, and maintenance of

18  major public works facilities to provide for flood control,

19  surface and underground water storage, and groundwater

20  recharge augmentation; and related technical assistance to

21  local governments and to government-owned and privately owned

22  water utilities.

23         (21)(23)  "Water resource implementation rule" means

24  the rule authorized by s. 373.036, which sets forth goals,

25  objectives, and guidance for the development and review of

26  programs, rules, and plans relating to water resources, based

27  on statutory policies and directives. The waters of the state

28  are among its most basic resources. Such waters should be

29  managed to conserve and protect water resources and to realize

30  the full beneficial use of these resources.

31  

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 1         (24)  "Water supply development" means the planning,

 2  design, construction, operation, and maintenance of public or

 3  private facilities for water collection, production,

 4  treatment, transmission, or distribution for sale, resale, or

 5  end use.

 6         (22)(25)  For the sole purpose of serving as the basis

 7  for the unified statewide methodology adopted pursuant to s.

 8  373.421(1), as amended, "wetlands" means those areas that are

 9  inundated or saturated by surface water or groundwater at a

10  frequency and a duration sufficient to support, and under

11  normal circumstances do support, a prevalence of vegetation

12  typically adapted for life in saturated soils. Soils present

13  in wetlands generally are classified as hydric or alluvial, or

14  possess characteristics that are associated with reducing soil

15  conditions. The prevalent vegetation in wetlands generally

16  consists of facultative or obligate hydrophytic macrophytes

17  that are typically adapted to areas having soil conditions

18  described above. These species, due to morphological,

19  physiological, or reproductive adaptations, have the ability

20  to grow, reproduce, or persist in aquatic environments or

21  anaerobic soil conditions. Florida wetlands generally include

22  swamps, marshes, bayheads, bogs, cypress domes and strands,

23  sloughs, wet prairies, riverine swamps and marshes, hydric

24  seepage slopes, tidal marshes, mangrove swamps and other

25  similar areas. Florida wetlands generally do not include

26  longleaf or slash pine flatwoods with an understory dominated

27  by saw palmetto. Upon legislative ratification of the

28  methodology adopted pursuant to s. 373.421(1), as amended, the

29  limitation contained herein regarding the purpose of this

30  definition shall cease to be effective.

31  

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 1         (23)(26)  "Works of the district" means those projects

 2  and works, including, but not limited to, structures,

 3  impoundments, wells, streams, and other watercourses, together

 4  with the appurtenant facilities and accompanying lands, which

 5  have been officially adopted by the governing board of the

 6  district as works of the district.

 7         Section 14.  Section 373.036, Florida Statutes, is

 8  amended to read:

 9         373.036  Florida water plan; district water management

10  plans.--

11         (1)  FLORIDA WATER PLAN.--In cooperation with the water

12  management districts, regional water supply authorities, and

13  others, the department shall develop the Florida water plan.

14  The Florida water plan shall include, but not be limited to:

15         (a)  The programs and activities of the department

16  related to water supply, water quality, flood protection and

17  floodplain management, and natural systems.

18         (b)  The Florida water supply plan.

19         (c)(b)  The water quality standards of the department.

20         (d)(c)  The district water management plans.

21         (e)(d)  Goals, objectives, and guidance for the

22  development and review of programs, rules, and plans relating

23  to water resources, based on statutory policies and

24  directives. The state water policy rule, renamed the water

25  resource implementation rule pursuant to s. 373.019(21)(23),

26  shall serve as this part of the plan. Amendments or additions

27  to this part of the Florida water plan shall be adopted by the

28  department as part of the water resource implementation rule.

29  In accordance with s. 373.114, the department shall review

30  rules of the water management districts for consistency with

31  this rule. Amendments to the water resource implementation

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 1  rule must be adopted by the secretary of the department and be

 2  submitted to the President of the Senate and the Speaker of

 3  the House of Representatives within 7 days after publication

 4  in the Florida Administrative Weekly. Amendments shall not

 5  become effective until the conclusion of the next regular

 6  session of the Legislature following their adoption.

 7         (2)  DISTRICT WATER MANAGEMENT PLANS.--

 8         (a)  Each governing board shall develop a district

 9  water management plan for water resources within its region,

10  which plan addresses water supply, water quality, flood

11  protection and floodplain management, and natural systems. The

12  district water management plan shall be based on at least a

13  20-year planning period, shall be developed and revised in

14  cooperation with other agencies, regional water supply

15  authorities, units of government, and interested parties, and

16  shall be updated at least once every 5 years. The governing

17  board shall hold a public hearing at least 30 days in advance

18  of completing the development or revision of the district

19  water management plan.

20         (b)  The district water management plan shall include,

21  but not be limited to:

22         1.  The district water supply plan.

23         2.1.  The scientific methodologies for establishing

24  minimum flows and levels under s. 373.042, and all established

25  minimum flows and levels.

26         2.  Identification of one or more water supply planning

27  regions that singly or together encompass the entire district.

28         3.  Technical data and information prepared under s.

29  373.0391.

30  

31  

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 1         4.  A districtwide water supply assessment, to be

 2  completed no later than July 1, 1998, which determines for

 3  each water supply planning region:

 4         a.  Existing legal uses, reasonably anticipated future

 5  needs, and existing and reasonably anticipated sources of

 6  water and conservation efforts; and

 7         b.  Whether existing and reasonably anticipated sources

 8  of water and conservation efforts are adequate to supply water

 9  for all existing legal uses and reasonably anticipated future

10  needs and to sustain the water resources and related natural

11  systems.

12         5.  Any completed regional water supply plans.

13         (c)  If necessary for implementation, the governing

14  board shall adopt by rule or order relevant portions of the

15  district water management plan, to the extent of its statutory

16  authority.

17         (d)  In the formulation of the district water

18  management plan, the governing board shall give due

19  consideration to:

20         1.  The attainment of maximum reasonable-beneficial use

21  of water resources.

22         2.  The maximum economic development of the water

23  resources consistent with other uses.

24         1.3.  The management of water resources for such

25  purposes as environmental protection, drainage, flood control,

26  and water storage.

27         4.  The quantity of water available for application to

28  a reasonable-beneficial use.

29         5.  The prevention of wasteful, uneconomical,

30  impractical, or unreasonable uses of water resources.

31         6.  Presently exercised domestic use and permit rights.

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 1         2.7.  The preservation and enhancement of the water

 2  quality of the state.

 3         3.8.  The state water resources policy as expressed by

 4  this chapter.

 5         (e)  At its option, a governing board may substitute an

 6  annual strategic plan for the requirement to develop a

 7  district water management plan and the district water

 8  management plan annual report required by subparagraph

 9  (7)(b)1., provided that nothing herein affects any other

10  provision or requirement of law concerning the completion of

11  the regional water supply plan and the strategic plan meets

12  the following minimum requirements:

13         1.  The strategic plan establishes the water management

14  district's strategic priorities for at least a future 5-year

15  period.

16         2.  The strategic plan identifies the goals,

17  strategies, success indicators, funding sources, deliverables,

18  and milestones to accomplish the strategic priorities.

19         3.  The strategic plan development process includes at

20  least one publicly noticed meeting to allow public

21  participation in its development.

22         4.  The strategic plan includes separately, as an

23  addendum, an annual work plan report on the implementation of

24  the strategic plan for the previous fiscal year, addressing

25  success indicators, deliverables, and milestones.

26         (3)  The department and governing board shall give

27  careful consideration to the requirements of public recreation

28  and to the protection and procreation of fish and wildlife.

29  The department or governing board may prohibit or restrict

30  other future uses on certain designated bodies of water which

31  may be inconsistent with these objectives.

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 1         (4)  The governing board may designate certain uses in

 2  connection with a particular source of supply which, because

 3  of the nature of the activity or the amount of water required,

 4  would constitute an undesirable use for which the governing

 5  board may deny a permit.

 6         (5)  The governing board may designate certain uses in

 7  connection with a particular source of supply which, because

 8  of the nature of the activity or the amount of water required,

 9  would result in an enhancement or improvement of the water

10  resources of the area. Such uses shall be preferred over other

11  uses in the event of competing applications under the

12  permitting systems authorized by this chapter.

13         (4)(6)  The department, in cooperation with the

14  Executive Office of the Governor, or its successor agency, may

15  add to the Florida water plan any other information,

16  directions, or objectives it deems necessary or desirable for

17  the guidance of the governing boards or other agencies in the

18  administration and enforcement of this chapter.

19         (5)(7)  CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL

20  REPORT.--

21         (a)  By March 1, 2006, and annually thereafter, each

22  water management district shall prepare and submit to the

23  department, the Governor, the President of the Senate, and the

24  Speaker of the House of Representatives a consolidated water

25  management district annual report on the management of water

26  resources. In addition, copies must be provided by the water

27  management districts to the chairs of all legislative

28  committees having substantive or fiscal jurisdiction over the

29  districts and the governing board of each county in the

30  district having jurisdiction or deriving any funds for

31  operations of the district. Copies of the consolidated annual

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 1  report must be made available to the public, either in printed

 2  or electronic format.

 3         (b)  The consolidated annual report shall contain the

 4  following elements, as appropriate to that water management

 5  district:

 6         1.  A district water management plan annual report or

 7  the annual work plan report allowed in subparagraph (2)(e)4.

 8         2.  The department-approved minimum flows and levels

 9  annual priority list and schedule required by s. 373.042(2).

10         3.  The annual 5-year capital improvements plan

11  required by s. 373.536(6)(a)3.

12         4.  The alternative water supplies annual report

13  required by s. 373.705 373.1961(3)(n).

14         5.  The final annual 5-year water resource development

15  work program required by s. 373.536(6)(a)4.

16         6.  The Florida Forever Water Management District Work

17  Plan annual report required by s. 373.199(7).

18         7.  The mitigation donation annual report required by

19  s. 373.414(1)(b)2.

20         (c)  Each of the elements listed in paragraph (b) is to

21  be addressed in a separate chapter or section within the

22  consolidated annual report, although information common to

23  more than one of these elements may be consolidated as deemed

24  appropriate by the individual water management district.

25         (d)  Each water management district may include in the

26  consolidated annual report such additional information on the

27  status or management of water resources within the district as

28  it deems appropriate.

29         (e)  In addition to the elements specified in paragraph

30  (b), the South Florida Water Management District shall include

31  in the consolidated annual report the following elements:

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 1         1.  The Lake Okeechobee Protection Program annual

 2  progress report required by s. 373.4595(3)(h)(g).

 3         2.  The Everglades annual progress reports specified in

 4  s. 373.4592(4)(d)5., (13), and (14).

 5         3.  The Everglades restoration annual report required

 6  by s. 373.470(7).

 7         4.  The Everglades Forever Act annual implementation

 8  report required by s. 11.80(4).

 9         5.  The Everglades Trust Fund annual expenditure report

10  required by s. 373.45926(3).

11         Section 15.  Subsection (2) of section 373.042, Florida

12  Statutes, is amended, and subsection (6) is added to that

13  section, to read:

14         373.042  Minimum flows and levels.--

15         (2)  By November 15, 1997, and annually thereafter,

16  each water management district shall submit to the department

17  for review and approval a priority list and schedule for the

18  establishment of minimum flows and levels for surface

19  watercourses, aquifers, and surface waters within the

20  district. The priority list shall also identify those water

21  bodies for which the district will voluntarily undertake

22  independent scientific peer review. By March 1, 2006, and

23  annually thereafter, each water management district shall

24  include its approved priority list and schedule in the

25  consolidated annual report required by s. 373.036(5)(7). The

26  priority list shall be based upon the importance of the waters

27  to the state or region and the existence of or potential for

28  significant harm to the water resources or ecology of the

29  state or region, and shall include those waters which are

30  experiencing or may reasonably be expected to experience

31  adverse impacts. Each water management district's priority

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 1  list and schedule shall include all first magnitude springs,

 2  and all second magnitude springs within state or federally

 3  owned lands purchased for conservation purposes. The specific

 4  schedule for establishment of spring minimum flows and levels

 5  shall be commensurate with the existing or potential threat to

 6  spring flow from consumptive uses. Springs within the Suwannee

 7  River Water Management District, or second magnitude springs

 8  in other areas of the state, need not be included on the

 9  priority list if the water management district submits a

10  report to the Department of Environmental Protection

11  demonstrating that adverse impacts are not now occurring nor

12  are reasonably expected to occur from consumptive uses during

13  the next 20 years. The priority list and schedule shall not be

14  subject to any proceeding pursuant to chapter 120. Except as

15  provided in subsection (3), the development of a priority list

16  and compliance with the schedule for the establishment of

17  minimum flows and levels pursuant to this subsection shall

18  satisfy the requirements of subsection (1).

19         (6)  Notwithstanding the other provisions of this

20  section, where a local water utility, water supply authority,

21  or other water supply entity seeks to develop an alternative

22  water supply project option identified in s. 373.713(2)(a)2.,

23  the minimum flow and level for the proposed source of water

24  supply shall be added to the priority list developed by the

25  district and approved by the department pursuant to subsection

26  (2), with an assigned schedule for the completion as

27  determined by the district.

28         Section 16.  Subsection (2) of section 373.0421,

29  Florida Statutes, is amended to read:

30         373.0421  Establishment and implementation of minimum

31  flows and levels.--

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    16-1343-07                                              See HB




 1         (2)  If the existing flow or level in a water body is

 2  below, or is projected to fall within 20 years below, the

 3  applicable minimum flow or level established pursuant to s.

 4  373.042, the department or governing board, as part of the

 5  regional water supply plan described in s. 373.713 373.0361,

 6  shall expeditiously implement a recovery or prevention

 7  strategy, which includes the development of additional water

 8  supplies and other actions, consistent with the authority

 9  granted by this chapter, to:

10         (a)  Achieve recovery to the established minimum flow

11  or level as soon as practicable; or

12         (b)  Prevent the existing flow or level from falling

13  below the established minimum flow or level.

14         Section 17.  Subsection (4) of section 373.0695,

15  Florida Statutes, is amended to read:

16         373.0695  Duties of basin boards; authorized

17  expenditures.--

18         (4)  In the exercise of the duties and powers granted

19  herein, the basin boards shall be subject to all the

20  limitations and restrictions imposed on the water management

21  districts in s. 373.705 373.1961.

22         Section 18.  Subsection (7) of section 373.199, Florida

23  Statutes, is amended to read:

24         373.199  Florida Forever Water Management District Work

25  Plan.--

26         (7)  By June 1, 2001, each district shall file with the

27  President of the Senate, the Speaker of the House of

28  Representatives, and the Secretary of Environmental Protection

29  the initial 5-year work plan as required under subsection (2).

30  By March 1 of each year thereafter, as part of the

31  consolidated annual report required by s. 373.036(5)(7), each

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 1  district shall report on acquisitions completed during the

 2  year together with modifications or additions to its 5-year

 3  work plan. Included in the report shall be:

 4         (a)  A description of land management activity for each

 5  property or project area owned by the water management

 6  district.

 7         (b)  A list of any lands surplused and the amount of

 8  compensation received.

 9         (c)  The progress of funding, staffing, and resource

10  management of every project funded pursuant to s. 259.101, s.

11  259.105, or s. 373.59 for which the district is responsible.

12  

13  The secretary shall submit the report referenced in this

14  subsection to the Board of Trustees of the Internal

15  Improvement Trust Fund together with the Acquisition and

16  Restoration Council's project list as required under s.

17  259.105.

18         Section 19.  Subsections (3) and (5) of section

19  373.223, Florida Statutes, are amended to read:

20         373.223  Conditions for a permit.--

21         (3)  Except for the transport and use of water supplied

22  by the Central and Southern Florida Flood Control Project, and

23  anywhere in the state when the transport and use of water is

24  supplied exclusively for bottled water as defined in s.

25  500.03(1)(d), any water use permit applications pending as of

26  April 1, 1998, with the Northwest Florida Water Management

27  District and self-suppliers of water for which the proposed

28  water source and area of use or application are located on

29  contiguous private properties, when evaluating whether a

30  potential transport and use of ground or surface water across

31  county boundaries is consistent with the public interest,

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 1  pursuant to paragraph (1)(c), the governing board or

 2  department shall consider:

 3         (a)  The proximity of the proposed water source to the

 4  area of use or application.

 5         (b)  All impoundments, streams, groundwater sources, or

 6  watercourses that are geographically closer to the area of use

 7  or application than the proposed source, and that are

 8  technically and economically feasible for the proposed

 9  transport and use.

10         (c)  All economically and technically feasible

11  alternatives to the proposed source, including, but not

12  limited to, desalination, conservation, reuse of nonpotable

13  reclaimed water and stormwater, and aquifer storage and

14  recovery.

15         (d)  The potential environmental impacts that may

16  result from the transport and use of water from the proposed

17  source, and the potential environmental impacts that may

18  result from use of the other water sources identified in

19  paragraphs (b) and (c).

20         (e)  Whether existing and reasonably anticipated

21  sources of water and conservation efforts are adequate to

22  supply water for existing legal uses and reasonably

23  anticipated future needs of the water supply planning region

24  in which the proposed water source is located.

25         (f)  Consultations with local governments affected by

26  the proposed transport and use.

27         (g)  The value of the existing capital investment in

28  water-related infrastructure made by the applicant.

29  

30  Where districtwide water supply assessments and regional water

31  supply plans have been prepared pursuant to ss. 373.707

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 1  373.036 and 373.713 373.0361, the governing board or the

 2  department shall use the applicable plans and assessments as

 3  the basis for its consideration of the applicable factors in

 4  this subsection.

 5         (5)  In evaluating an application for consumptive use

 6  of water which proposes the use of an alternative water supply

 7  project as described in the regional water supply plan and

 8  provides reasonable assurances of the applicant's capability

 9  to design, construct, operate, and maintain the project, the

10  governing board or department shall presume that the

11  alternative water supply use is consistent with the public

12  interest under paragraph (1)(c). However, where the governing

13  board identifies the need for a multijurisdictional water

14  supply entity or regional water supply authority to develop

15  the alternative water supply project pursuant to s.

16  373.713(2)(a)2. 373.0361(2)(a)2., the presumption shall be

17  accorded only to that use proposed by such entity or

18  authority. This subsection does not effect evaluation of the

19  use pursuant to the provisions of paragraphs (1)(a) and (b),

20  subsections (2) and (3), and ss. 373.2295 and 373.233.

21         Section 20.  Section 373.2234, Florida Statutes, is

22  amended to read:

23         373.2234  Preferred water supply sources.--The

24  governing board of a water management district is authorized

25  to adopt rules that identify preferred water supply sources

26  for consumptive uses for which there is sufficient data to

27  establish that a preferred source will provide a substantial

28  new water supply to meet the existing and projected

29  reasonable-beneficial uses of a water supply planning region

30  identified pursuant to s. 373.713(1) 373.0361(1), while

31  sustaining existing water resources and natural systems. At a

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 1  minimum, such rules must contain a description of the

 2  preferred water supply source and an assessment of the water

 3  the preferred source is projected to produce. If an applicant

 4  proposes to use a preferred water supply source, that

 5  applicant's proposed water use is subject to s. 373.223(1),

 6  except that the proposed use of a preferred water supply

 7  source must be considered by a water management district when

 8  determining whether a permit applicant's proposed use of water

 9  is consistent with the public interest pursuant to s.

10  373.223(1)(c). A consumptive use permit issued for the use of

11  a preferred water supply source must be granted, when

12  requested by the applicant, for at least a 20-year period and

13  may be subject to the compliance reporting provisions of s.

14  373.236(4). Nothing in this section shall be construed to

15  exempt the use of preferred water supply sources from the

16  provisions of ss. 373.701(3) 373.016(4) and 373.223(2) and

17  (3), or be construed to provide that permits issued for the

18  use of a nonpreferred water supply source must be issued for a

19  duration of less than 20 years or that the use of a

20  nonpreferred water supply source is not consistent with the

21  public interest. Additionally, nothing in this section shall

22  be interpreted to require the use of a preferred water supply

23  source or to restrict or prohibit the use of a nonpreferred

24  water supply source. Rules adopted by the governing board of a

25  water management district to implement this section shall

26  specify that the use of a preferred water supply source is not

27  required and that the use of a nonpreferred water supply

28  source is not restricted or prohibited.

29         Section 21.  Subsection (3) of section 373.229, Florida

30  Statutes, is amended to read:

31         373.229  Application for permit.--

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 1         (3)  In addition to the information required in

 2  subsection (1), all permit applications filed with the

 3  governing board or the department which propose the transport

 4  and use of water across county boundaries shall include

 5  information pertaining to factors to be considered, pursuant

 6  to s. 373.223(3), unless exempt under s. 373.717 373.1962(9).

 7         Section 22.  Subsection (1) of section 373.421, Florida

 8  Statutes, is amended to read:

 9         373.421  Delineation methods; formal determinations.--

10         (1)  The Environmental Regulation Commission shall

11  adopt a unified statewide methodology for the delineation of

12  the extent of wetlands as defined in s. 373.019(22)(25). This

13  methodology shall consider regional differences in the types

14  of soils and vegetation that may serve as indicators of the

15  extent of wetlands. This methodology shall also include

16  provisions for determining the extent of surface waters other

17  than wetlands for the purposes of regulation under s. 373.414.

18  This methodology shall not become effective until ratified by

19  the Legislature. Subsequent to legislative ratification, the

20  wetland definition in s. 373.019(22)(25) and the adopted

21  wetland methodology shall be binding on the department, the

22  water management districts, local governments, and any other

23  governmental entities. Upon ratification of such wetland

24  methodology, the Legislature preempts the authority of any

25  water management district, state or regional agency, or local

26  government to define wetlands or develop a delineation

27  methodology to implement the definition and determines that

28  the exclusive definition and delineation methodology for

29  wetlands shall be that established pursuant to s.

30  373.019(22)(25) and this section. Upon such legislative

31  ratification, any existing wetlands definition or wetland

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    16-1343-07                                              See HB




 1  delineation methodology shall be superseded by the wetland

 2  definition and delineation methodology established pursuant to

 3  this chapter. Subsequent to legislative ratification, a

 4  delineation of the extent of a surface water or wetland by the

 5  department or a water management district, pursuant to a

 6  formal determination under subsection (2), or pursuant to a

 7  permit issued under this part in which the delineation was

 8  field-verified by the permitting agency and specifically

 9  approved in the permit, shall be binding on all other

10  governmental entities for the duration of the formal

11  determination or permit. All existing rules and methodologies

12  of the department, the water management districts, and local

13  governments, regarding surface water or wetland definition and

14  delineation shall remain in full force and effect until the

15  common methodology rule becomes effective. However, this shall

16  not be construed to limit any power of the department, the

17  water management districts, and local governments to amend or

18  adopt a surface water or wetland definition or delineation

19  methodology until the common methodology rule becomes

20  effective.

21         Section 23.  Paragraph (b) of subsection (1) of section

22  373.414, Florida Statutes, is amended to read:

23         373.414  Additional criteria for activities in surface

24  waters and wetlands.--

25         (1)  As part of an applicant's demonstration that an

26  activity regulated under this part will not be harmful to the

27  water resources or will not be inconsistent with the overall

28  objectives of the district, the governing board or the

29  department shall require the applicant to provide reasonable

30  assurance that state water quality standards applicable to

31  waters as defined in s. 403.031(13) will not be violated and

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 1  reasonable assurance that such activity in, on, or over

 2  surface waters or wetlands, as delineated in s. 373.421(1), is

 3  not contrary to the public interest. However, if such an

 4  activity significantly degrades or is within an Outstanding

 5  Florida Water, as provided by department rule, the applicant

 6  must provide reasonable assurance that the proposed activity

 7  will be clearly in the public interest.

 8         (b)  If the applicant is unable to otherwise meet the

 9  criteria set forth in this subsection, the governing board or

10  the department, in deciding to grant or deny a permit, shall

11  consider measures proposed by or acceptable to the applicant

12  to mitigate adverse effects that may be caused by the

13  regulated activity. Such measures may include, but are not

14  limited to, onsite mitigation, offsite mitigation, offsite

15  regional mitigation, and the purchase of mitigation credits

16  from mitigation banks permitted under s. 373.4136. It shall be

17  the responsibility of the applicant to choose the form of

18  mitigation. The mitigation must offset the adverse effects

19  caused by the regulated activity.

20         1.  The department or water management districts may

21  accept the donation of money as mitigation only where the

22  donation is specified for use in a duly noticed environmental

23  creation, preservation, enhancement, or restoration project,

24  endorsed by the department or the governing board of the water

25  management district, which offsets the impacts of the activity

26  permitted under this part. However, the provisions of this

27  subsection shall not apply to projects undertaken pursuant to

28  s. 373.4137 or chapter 378. Where a permit is required under

29  this part to implement any project endorsed by the department

30  or a water management district, all necessary permits must

31  have been issued prior to the acceptance of any cash donation.

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 1  After the effective date of this act, when money is donated to

 2  either the department or a water management district to offset

 3  impacts authorized by a permit under this part, the department

 4  or the water management district shall accept only a donation

 5  that represents the full cost to the department or water

 6  management district of undertaking the project that is

 7  intended to mitigate the adverse impacts. The full cost shall

 8  include all direct and indirect costs, as applicable, such as

 9  those for land acquisition, land restoration or enhancement,

10  perpetual land management, and general overhead consisting of

11  costs such as staff time, building, and vehicles. The

12  department or the water management district may use a

13  multiplier or percentage to add to other direct or indirect

14  costs to estimate general overhead. Mitigation credit for such

15  a donation shall be given only to the extent that the donation

16  covers the full cost to the agency of undertaking the project

17  that is intended to mitigate the adverse impacts. However,

18  nothing herein shall be construed to prevent the department or

19  a water management district from accepting a donation

20  representing a portion of a larger project, provided that the

21  donation covers the full cost of that portion and mitigation

22  credit is given only for that portion. The department or water

23  management district may deviate from the full cost

24  requirements of this subparagraph to resolve a proceeding

25  brought pursuant to chapter 70 or a claim for inverse

26  condemnation. Nothing in this section shall be construed to

27  require the owner of a private mitigation bank, permitted

28  under s. 373.4136, to include the full cost of a mitigation

29  credit in the price of the credit to a purchaser of said

30  credit.

31  

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    16-1343-07                                              See HB




 1         2.  The department and each water management district

 2  shall report by March 1 of each year, as part of the

 3  consolidated annual report required by s. 373.036(5)(7), all

 4  cash donations accepted under subparagraph 1. during the

 5  preceding water management district fiscal year for wetland

 6  mitigation purposes. The report shall exclude those

 7  contributions pursuant to s. 373.4137. The report shall

 8  include a description of the endorsed mitigation projects and,

 9  except for projects governed by s. 373.4135(6), shall address,

10  as applicable, success criteria, project implementation status

11  and timeframe, monitoring, long-term management, provisions

12  for preservation, and full cost accounting.

13         3.  If the applicant is unable to meet water quality

14  standards because existing ambient water quality does not meet

15  standards, the governing board or the department shall

16  consider mitigation measures proposed by or acceptable to the

17  applicant that cause net improvement of the water quality in

18  the receiving body of water for those parameters which do not

19  meet standards.

20         4.  If mitigation requirements imposed by a local

21  government for surface water and wetland impacts of an

22  activity regulated under this part cannot be reconciled with

23  mitigation requirements approved under a permit for the same

24  activity issued under this part, including application of the

25  uniform wetland mitigation assessment method adopted pursuant

26  to subsection (18), the mitigation requirements for surface

27  water and wetland impacts shall be controlled by the permit

28  issued under this part.

29         Section 24.  Paragraph (d) of subsection (4) and

30  subsections (13) and (14) of section 373.4592, Florida

31  Statutes, are amended to read:

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    16-1343-07                                              See HB




 1         373.4592  Everglades improvement and management.--

 2         (4)  EVERGLADES PROGRAM.--

 3         (d)  Everglades research and monitoring program.--

 4         1.  The department and the district shall review and

 5  evaluate available water quality data for the Everglades

 6  Protection Area and tributary waters and identify any

 7  additional information necessary to adequately describe water

 8  quality in the Everglades Protection Area and tributary

 9  waters. The department and the district shall also initiate a

10  research and monitoring program to generate such additional

11  information identified and to evaluate the effectiveness of

12  the BMPs and STAs, as they are implemented, in improving water

13  quality and maintaining designated and existing beneficial

14  uses of the Everglades Protection Area and tributary waters.

15  As part of the program, the district shall monitor all

16  discharges into the Everglades Protection Area for purposes of

17  determining compliance with state water quality standards.

18         2.  The research and monitoring program shall evaluate

19  the ecological and hydrological needs of the Everglades

20  Protection Area, including the minimum flows and levels.

21  Consistent with such needs, the program shall also evaluate

22  water quality standards for the Everglades Protection Area and

23  for the canals of the EAA, so that these canals can be

24  classified in the manner set forth in paragraph (e) and

25  protected as an integral part of the water management system

26  which includes the STAs of the Everglades Construction Project

27  and allows landowners in the EAA to achieve applicable water

28  quality standards compliance by BMPs and STA treatment to the

29  extent this treatment is available and effective.

30         3.  The research and monitoring program shall include

31  research seeking to optimize the design and operation of the

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 1  STAs, including research to reduce outflow concentrations, and

 2  to identify other treatment and management methods and

 3  regulatory programs that are superior to STAs in achieving the

 4  intent and purposes of this section.

 5         4.  The research and monitoring program shall be

 6  conducted to allow the department to propose a phosphorus

 7  criterion in the Everglades Protection Area, and to evaluate

 8  existing state water quality standards applicable to the

 9  Everglades Protection Area and existing state water quality

10  standards and classifications applicable to the EAA canals. In

11  developing the phosphorus criterion, the department shall also

12  consider the minimum flows and levels for the Everglades

13  Protection Area and the district's water supply plans for the

14  Lower East Coast.

15         5.  Beginning March 1, 2006, as part of the

16  consolidated annual report required by s. 373.036(5)(7), the

17  district and the department shall annually issue a

18  peer-reviewed report regarding the research and monitoring

19  program that summarizes all data and findings. The report

20  shall identify water quality parameters, in addition to

21  phosphorus, which exceed state water quality standards or are

22  causing or contributing to adverse impacts in the Everglades

23  Protection Area.

24         6.  The district shall continue research seeking to

25  optimize the design and operation of STAs and to identify

26  other treatment and management methods that are superior to

27  STAs in achieving optimum water quality and water quantity for

28  the benefit of the Everglades. The district shall optimize the

29  design and operation of the STAs described in the Everglades

30  Construction Project prior to expanding their size. Additional

31  

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    16-1343-07                                              See HB




 1  methods to achieve compliance with water quality standards

 2  shall not be limited to more intensive management of the STAs.

 3         (13)  ANNUAL REPORTS.--Beginning March 1, 2006, as part

 4  of the consolidated annual report required by s.

 5  373.036(5)(7), the district shall report on implementation of

 6  the section. The annual report will include a summary of the

 7  water conditions in the Everglades Protection Area, the status

 8  of the impacted areas, the status of the construction of the

 9  STAs, the implementation of the BMPs, and actions taken to

10  monitor and control exotic species. The district must prepare

11  the report in coordination with federal and state agencies.

12         (14)  EVERGLADES FUND.--The South Florida Water

13  Management District is directed to separately account for all

14  moneys used for the purpose of funding the Everglades

15  Construction Project as part of the consolidated annual report

16  required by s. 373.036(5)(7).

17         Section 25.  Subsection (3) of section 373.45926,

18  Florida Statutes, is amended to read:

19         373.45926  Everglades Trust Fund; allocation of

20  revenues and expenditure of funds for conservation and

21  protection of natural resources and abatement of water

22  pollution.--

23         (3)  The South Florida Water Management District shall

24  furnish, as part of the consolidated annual report required by

25  s. 373.036(5)(7), a detailed copy of its expenditures from the

26  Everglades Trust Fund to the Governor, the President of the

27  Senate, and the Speaker of the House of Representatives, and

28  shall make copies available to the public. The information

29  shall be provided in a format approved by the Joint

30  Legislative Committee on Everglades Oversight. At the

31  direction of the Joint Legislative Committee on Everglades

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    16-1343-07                                              See HB




 1  Oversight, an audit may be made from time to time by the

 2  Auditor General, and such audit shall be within the authority

 3  of said Auditor General to make.

 4         Section 26.  Paragraph (h) of subsection (3) of section

 5  373.4595, Florida Statutes, is amended to read:

 6         373.4595  Lake Okeechobee Protection Program.--

 7         (3)  LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection

 8  program for Lake Okeechobee that achieves phosphorus load

 9  reductions for Lake Okeechobee shall be immediately

10  implemented as specified in this subsection. The program shall

11  address the reduction of phosphorus loading to the lake from

12  both internal and external sources. Phosphorus load reductions

13  shall be achieved through a phased program of implementation.

14  Initial implementation actions shall be technology-based,

15  based upon a consideration of both the availability of

16  appropriate technology and the cost of such technology, and

17  shall include phosphorus reduction measures at both the source

18  and the regional level. The initial phase of phosphorus load

19  reductions shall be based upon the district's Technical

20  Publication 81-2 and the district's WOD program, with

21  subsequent phases of phosphorus load reductions based upon the

22  total maximum daily loads established in accordance with s.

23  403.067. In the development and administration of the Lake

24  Okeechobee Protection Program, the coordinating agencies shall

25  maximize opportunities provided by federal cost-sharing

26  programs and opportunities for partnerships with the private

27  sector.

28         (h)  Annual progress report.--Each March 1, beginning

29  in 2006, the district shall report on implementation of this

30  section as part of the consolidated annual report required in

31  s. 373.036(5)(7). The annual report shall include a summary of

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    16-1343-07                                              See HB




 1  water quality and habitat conditions in Lake Okeechobee and

 2  the Lake Okeechobee watershed and the status of the Lake

 3  Okeechobee Construction Project. The district shall prepare

 4  the report in cooperation with the other coordinating

 5  agencies.

 6         Section 27.  Subsection (7) of section 373.470, Florida

 7  Statutes, is amended to read:

 8         373.470  Everglades restoration.--

 9         (7)  ANNUAL REPORT.--To provide enhanced oversight of

10  and accountability for the financial commitments established

11  under this section and the progress made in the implementation

12  of the comprehensive plan, the following information must be

13  prepared annually as part of the consolidated annual report

14  required by s. 373.036(5)(7):

15         (a)  The district, in cooperation with the department,

16  shall provide the following information as it relates to

17  implementation of the comprehensive plan:

18         1.  An identification of funds, by source and amount,

19  received by the state and by each local sponsor during the

20  fiscal year.

21         2.  An itemization of expenditures, by source and

22  amount, made by the state and by each local sponsor during the

23  fiscal year.

24         3.  A description of the purpose for which the funds

25  were expended.

26         4.  The unencumbered balance of funds remaining in

27  trust funds or other accounts designated for implementation of

28  the comprehensive plan.

29         5.  A schedule of anticipated expenditures for the next

30  fiscal year.

31  

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    16-1343-07                                              See HB




 1         (b)  The department shall prepare a detailed report on

 2  all funds expended by the state and credited toward the

 3  state's share of funding for implementation of the

 4  comprehensive plan. The report shall include:

 5         1.  A description of all expenditures, by source and

 6  amount, from the Conservation and Recreation Lands Trust Fund,

 7  the Land Acquisition Trust Fund, the Preservation 2000 Trust

 8  Fund, the Florida Forever Trust Fund, the Save Our Everglades

 9  Trust Fund, and other named funds or accounts for the

10  acquisition or construction of project components or other

11  features or facilities that benefit the comprehensive plan.

12         2.  A description of the purposes for which the funds

13  were expended.

14         3.  The unencumbered fiscal-year-end balance that

15  remains in each trust fund or account identified in

16  subparagraph 1.

17         (c)  The district, in cooperation with the department,

18  shall provide a detailed report on progress made in the

19  implementation of the comprehensive plan, including the status

20  of all project components initiated after the effective date

21  of this act or the date of the last report prepared under this

22  subsection, whichever is later.

23  

24  The information required in paragraphs (a), (b), and (c) shall

25  be provided as part of the consolidated annual report required

26  by s. 373.036(5)(7). The initial report is due by November 30,

27  2000, and each annual report thereafter is due by March 1.

28         Section 28.  Paragraph (a) of subsection (6) of section

29  373.536, Florida Statutes, is amended to read:

30         373.536  District budget and hearing thereon.--

31  

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    16-1343-07                                              See HB




 1         (6)  FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS

 2  PLAN; WATER RESOURCE DEVELOPMENT WORK PROGRAM.--

 3         (a)  Each district must, by the date specified for each

 4  item, furnish copies of the following documents to the

 5  Governor, the President of the Senate, the Speaker of the

 6  House of Representatives, the chairs of all legislative

 7  committees and subcommittees having substantive or fiscal

 8  jurisdiction over the districts, as determined by the

 9  President of the Senate or the Speaker of the House of

10  Representatives as applicable, the secretary of the

11  department, and the governing board of each county in which

12  the district has jurisdiction or derives any funds for the

13  operations of the district:

14         1.  The adopted budget, to be furnished within 10 days

15  after its adoption.

16         2.  A financial audit of its accounts and records, to

17  be furnished within 10 days after its acceptance by the

18  governing board. The audit must be conducted in accordance

19  with the provisions of s. 11.45 and the rules adopted

20  thereunder. In addition to the entities named above, the

21  district must provide a copy of the audit to the Auditor

22  General within 10 days after its acceptance by the governing

23  board.

24         3.  A 5-year capital improvements plan, to be included

25  in the consolidated annual report required by s.

26  373.036(5)(7). The plan must include expected sources of

27  revenue for planned improvements and must be prepared in a

28  manner comparable to the fixed capital outlay format set forth

29  in s. 216.043.

30         4.  A 5-year water resource development work program to

31  be furnished within 30 days after the adoption of the final

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    16-1343-07                                              See HB




 1  budget. The program must describe the district's

 2  implementation strategy for the water resource development

 3  component of each approved regional water supply plan

 4  developed or revised under s. 373.713 373.0361. The work

 5  program must address all the elements of the water resource

 6  development component in the district's approved regional

 7  water supply plans and must identify which projects in the

 8  work program will provide water, explain how each water

 9  resource development project will produce additional water

10  available for consumptive uses, estimate the quantity of water

11  to be produced by each project, and provide an assessment of

12  the contribution of the district's regional water supply plans

13  in providing sufficient water to meet the water supply needs

14  of existing and future reasonable-beneficial uses for a

15  1-in-10-year drought event. Within 30 days after its

16  submittal, the department shall review the proposed work

17  program and submit its findings, questions, and comments to

18  the district. The review must include a written evaluation of

19  the program's consistency with the furtherance of the

20  district's approved regional water supply plans, and the

21  adequacy of proposed expenditures. As part of the review, the

22  department shall give interested parties the opportunity to

23  provide written comments on each district's proposed work

24  program. Within 45 days after receipt of the department's

25  evaluation, the governing board shall state in writing to the

26  department which changes recommended in the evaluation it will

27  incorporate into its work program submitted as part of the

28  March 1 consolidated annual report required by s.

29  373.036(5)(7) or specify the reasons for not incorporating the

30  changes. The department shall include the district's responses

31  in a final evaluation report and shall submit a copy of the

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 1  report to the Governor, the President of the Senate, and the

 2  Speaker of the House of Representatives.

 3         Section 29.  Subsection (11) of section 373.59, Florida

 4  Statutes, is amended to read:

 5         373.59  Water Management Lands Trust Fund.--

 6         (11)  Notwithstanding any provision of this section to

 7  the contrary, the governing board of a water management

 8  district may request, and the Secretary of Environmental

 9  Protection shall release upon such request, moneys allocated

10  to the districts pursuant to subsection (8) for purposes

11  consistent with the provisions of s. 373.713 373.0361, s.

12  373.709 373.0831, s. 373.139, or ss. 373.451-373.4595 and for

13  legislatively authorized land acquisition and water

14  restoration initiatives. No funds may be used pursuant to this

15  subsection until necessary debt service obligations,

16  requirements for payments in lieu of taxes, and land

17  management obligations that may be required by this chapter

18  are provided for.

19         Section 30.  Paragraph (g) of subsection (1) of section

20  378.212, Florida Statutes, is amended to read:

21         378.212  Variances.--

22         (1)  Upon application, the secretary may grant a

23  variance from the provisions of this part or the rules adopted

24  pursuant thereto. Variances and renewals thereof may be

25  granted for any one of the following reasons:

26         (g)  To accommodate reclamation that provides water

27  supply development or water resource development not

28  inconsistent with the applicable regional water supply plan

29  approved pursuant to s. 373.713 373.0361, provided adverse

30  impacts are not caused to the water resources in the basin. A

31  variance may also be granted from the requirements of part IV

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    16-1343-07                                              See HB




 1  of chapter 373, or the rules adopted thereunder, when a

 2  project provides an improvement in water availability in the

 3  basin and does not cause adverse impacts to water resources in

 4  the basin.

 5         Section 31.  Subsection (9) of section 378.404, Florida

 6  Statutes, is amended to read:

 7         378.404  Department of Environmental Protection; powers

 8  and duties.--The department shall have the following powers

 9  and duties:

10         (9)  To grant variances from the provisions of this

11  part to accommodate reclamation that provides for water supply

12  development or water resource development not inconsistent

13  with the applicable regional water supply plan approved

14  pursuant to s. 373.713 373.0361, appropriate stormwater

15  management, improved wildlife habitat, recreation, or a

16  mixture thereof, provided adverse impacts are not caused to

17  the water resources in the basin and public health and safety

18  are not adversely affected.

19         Section 32.  Subsection (14) of section 403.031,

20  Florida Statutes, is amended to read:

21         403.031  Definitions.--In construing this chapter, or

22  rules and regulations adopted pursuant hereto, the following

23  words, phrases, or terms, unless the context otherwise

24  indicates, have the following meanings:

25         (14)  "State water resource implementation rule" means

26  the rule authorized by s. 373.707 373.036, which sets forth

27  goals, objectives, and guidance for the development and review

28  of programs, rules, and plans relating to water resources,

29  based on statutory policies and directives. The waters of the

30  state are among its most basic resources. Such waters should

31  

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    16-1343-07                                              See HB




 1  be managed to conserve and protect water resources and to

 2  realize the full beneficial use of these resources.

 3         Section 33.  Paragraph (a) of subsection (3) of section

 4  403.0891, Florida Statutes, is amended to read:

 5         403.0891  State, regional, and local stormwater

 6  management plans and programs.--The department, the water

 7  management districts, and local governments shall have the

 8  responsibility for the development of mutually compatible

 9  stormwater management programs.

10         (3)(a)  Each local government required by chapter 163

11  to submit a comprehensive plan, whose plan is submitted after

12  July 1, 1992, and the others when updated after July 1, 1992,

13  in the development of its stormwater management program

14  described by elements within its comprehensive plan shall

15  consider the water resource implementation rule, district

16  stormwater management goals, plans approved pursuant to the

17  Surface Water Improvement and Management Act, ss.

18  373.451-373.4595, and technical assistance information

19  provided by the water management districts pursuant to s.

20  373.715 373.0391.

21         Section 34.  Paragraphs (r) and (u) of subsection (2)

22  of section 403.813, Florida Statutes, are amended to read:

23         403.813  Permits issued at district centers;

24  exceptions.--

25         (2)  A permit is not required under this chapter,

26  chapter 373, chapter 61-691, Laws of Florida, or chapter 25214

27  or chapter 25270, 1949, Laws of Florida, for activities

28  associated with the following types of projects; however,

29  except as otherwise provided in this subsection, nothing in

30  this subsection relieves an applicant from any requirement to

31  obtain permission to use or occupy lands owned by the Board of

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 1  Trustees of the Internal Improvement Trust Fund or any water

 2  management district in its governmental or proprietary

 3  capacity or from complying with applicable local pollution

 4  control programs authorized under this chapter or other

 5  requirements of county and municipal governments:

 6         (r)  The removal of aquatic plants, the removal of

 7  tussocks, the associated replanting of indigenous aquatic

 8  plants, and the associated removal from lakes of organic

 9  detrital material when such planting or removal is performed

10  and authorized by permit or exemption granted under s. 369.20

11  or s. 369.25, provided that:

12         1.  Organic detrital material that exists on the

13  surface of natural mineral substrate shall be allowed to be

14  removed to a depth of 3 feet or to the natural mineral

15  substrate, whichever is less;

16         2.  All material removed pursuant to this paragraph

17  shall be deposited in an upland site in a manner that will

18  prevent the reintroduction of the material into waters in the

19  state except when spoil material is permitted to be used to

20  create wildlife islands in freshwater bodies of the state when

21  a governmental entity is permitted pursuant to s. 369.20 to

22  create such islands as a part of a restoration or enhancement

23  project;

24         3.  All activities are performed in a manner consistent

25  with state water quality standards; and

26         4.  No activities under this exemption are conducted in

27  wetland areas, as defined by s. 373.019(22)(25), which are

28  supported by a natural soil as shown in applicable United

29  States Department of Agriculture county soil surveys, except

30  when a governmental entity is permitted pursuant to s. 369.20

31  

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    16-1343-07                                              See HB




 1  to conduct such activities as a part of a restoration or

 2  enhancement project.

 3  

 4  The department may not adopt implementing rules for this

 5  paragraph, notwithstanding any other provision of law.

 6         (u)  Notwithstanding any provision to the contrary in

 7  this subsection, a permit or other authorization under chapter

 8  253, chapter 369, chapter 373, or this chapter is not required

 9  for an individual residential property owner for the removal

10  of organic detrital material from freshwater rivers or lakes

11  that have a natural sand or rocky substrate and that are not

12  Aquatic Preserves or for the associated removal and replanting

13  of aquatic vegetation for the purpose of environmental

14  enhancement, providing that:

15         1.  No activities under this exemption are conducted in

16  wetland areas, as defined by s. 373.019(22)(25), which are

17  supported by a natural soil as shown in applicable United

18  States Department of Agriculture county soil surveys.

19         2.  No filling or peat mining is allowed.

20         3.  No removal of native wetland trees, including, but

21  not limited to, ash, bay, cypress, gum, maple, or tupelo,

22  occurs.

23         4.  When removing organic detrital material, no portion

24  of the underlying natural mineral substrate or rocky substrate

25  is removed.

26         5.  Organic detrital material and plant material

27  removed is deposited in an upland site in a manner that will

28  not cause water quality violations.

29         6.  All activities are conducted in such a manner, and

30  with appropriate turbidity controls, so as to prevent any

31  water quality violations outside the immediate work area.

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    16-1343-07                                              See HB




 1         7.  Replanting with a variety of aquatic plants native

 2  to the state shall occur in a minimum of 25 percent of the

 3  preexisting vegetated areas where organic detrital material is

 4  removed, except for areas where the material is removed to

 5  bare rocky substrate; however, an area may be maintained clear

 6  of vegetation as an access corridor. The access corridor width

 7  may not exceed 50 percent of the property owner's frontage or

 8  50 feet, whichever is less, and may be a sufficient length

 9  waterward to create a corridor to allow access for a boat or

10  swimmer to reach open water. Replanting must be at a minimum

11  density of 2 feet on center and be completed within 90 days

12  after removal of existing aquatic vegetation, except that

13  under dewatered conditions replanting must be completed within

14  90 days after reflooding. The area to be replanted must extend

15  waterward from the ordinary high water line to a point where

16  normal water depth would be 3 feet or the preexisting

17  vegetation line, whichever is less. Individuals are required

18  to make a reasonable effort to maintain planting density for a

19  period of 6 months after replanting is complete, and the

20  plants, including naturally recruited native aquatic plants,

21  must be allowed to expand and fill in the revegetation area.

22  Native aquatic plants to be used for revegetation must be

23  salvaged from the enhancement project site or obtained from an

24  aquatic plant nursery regulated by the Department of

25  Agriculture and Consumer Services. Plants that are not native

26  to the state may not be used for replanting.

27         8.  No activity occurs any farther than 100 feet

28  waterward of the ordinary high water line, and all activities

29  must be designed and conducted in a manner that will not

30  unreasonably restrict or infringe upon the riparian rights of

31  adjacent upland riparian owners.

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    16-1343-07                                              See HB




 1         9.  The person seeking this exemption notifies the

 2  applicable department district office in writing at least 30

 3  days before commencing work and allows the department to

 4  conduct a preconstruction site inspection. Notice must include

 5  an organic-detrital-material removal and disposal plan and, if

 6  applicable, a vegetation-removal and revegetation plan.

 7         10.  The department is provided written certification

 8  of compliance with the terms and conditions of this paragraph

 9  within 30 days after completion of any activity occurring

10  under this exemption.

11         Section 35.  Paragraph (a) of subsection (1) and

12  paragraph (a) of subsection (2) of section 403.890, Florida

13  Statutes, are amended to read:

14         403.890  Water Protection and Sustainability Program;

15  intent; goals; purposes.--

16         (1)  Effective July 1, 2006, revenues transferred from

17  the Department of Revenue pursuant to s. 201.15(1)(d)2. shall

18  be deposited into the Water Protection and Sustainability

19  Program Trust Fund in the Department of Environmental

20  Protection. These revenues and any other additional revenues

21  deposited into or appropriated to the Water Protection and

22  Sustainability Trust Fund shall be distributed by the

23  Department of Environmental Protection in the following

24  manner:

25         (a)  Sixty percent to the Department of Environmental

26  Protection for the implementation of an alternative water

27  supply program as provided in s. 373.717 373.1961.

28         (2)  For fiscal year 2005-2006, funds deposited or

29  appropriated into the Water Protection and Sustainability

30  Trust Fund shall be distributed as follows:

31  

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1         (a)  One hundred million dollars to the Department of

 2  Environmental Protection for the implementation of an

 3  alternative water supply program as provided in s. 373.717

 4  373.1961.

 5         Section 36.  Subsection (6) of section 556.102, Florida

 6  Statutes, is amended to read:

 7         556.102  Definitions.--As used in this act:

 8         (6)  "Excavate" or "excavation" means any manmade cut,

 9  cavity, trench, or depression in the earth's surface, formed

10  by removal of earth, intended to change the grade or level of

11  land, or intended to penetrate or disturb the surface of the

12  earth, including land beneath the waters of the state, as

13  defined in s. 373.019(19)(20), and the term includes pipe

14  bursting and directional drilling or boring from one point to

15  another point beneath the surface of the earth, or other

16  trenchless technologies.

17         Section 37.  Section 682.02, Florida Statutes, is

18  amended to read:

19         682.02  Arbitration agreements made valid, irrevocable,

20  and enforceable; scope.--Two or more parties may agree in

21  writing to submit to arbitration any controversy existing

22  between them at the time of the agreement, or they may include

23  in a written contract a provision for the settlement by

24  arbitration of any controversy thereafter arising between them

25  relating to such contract or the failure or refusal to perform

26  the whole or any part thereof. This section also applies to

27  written interlocal agreements under ss. 163.01 and 373.717

28  373.1962 in which two or more parties agree to submit to

29  arbitration any controversy between them concerning water use

30  permit applications and other matters, regardless of whether

31  or not the water management district with jurisdiction over

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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB




 1  the subject application is a party to the interlocal agreement

 2  or a participant in the arbitration. Such agreement or

 3  provision shall be valid, enforceable, and irrevocable without

 4  regard to the justiciable character of the controversy;

 5  provided that this act shall not apply to any such agreement

 6  or provision to arbitrate in which it is stipulated that this

 7  law shall not apply or to any arbitration or award thereunder.

 8         Section 38.  Section 373.71, Florida Statutes, is

 9  renumbered as section 373.69, Florida Statutes.

10         Section 39.  Sections 373.0361, 373.0391, 373.0831,

11  373.196, 373.1961, 373.1962, and 373.1963, Florida Statutes,

12  are repealed.

13         Section 40.  This act shall take effect July 1, 2007.

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