1

Senator Saunders moved the following amendment:

2

3

     Senate Amendment (with title amendment)

4

     Delete everything after the enacting clause

5

and insert:

6

     Section 1. (1) LEGISLATIVE INTENT.--The Legislature finds

7

that desalination of seawater is a proven technology for

8

providing water supply solutions for countries around the world

9

and an increasingly cost-competitive alternative for coastal

10

cities within the United States. The potential success of

11

desalination projects would benefit the communities they directly

12

serve and the state as a whole by preserving existing natural

13

water resources and providing a practical means of ensuring

14

adequate supplies of water for future generations of Floridians.

15

Therefore, it is the intent of the Legislature to aggressively

16

pursue desalination technologies for use in the state.

17

     (2) DESALINATION TECHNOLOGY STUDY; REPORT.--The Secretary

18

of Environmental Protection is directed to coordinate with the

19

water management districts to conduct a study examining all

20

current and available desalination technologies. The study shall

21

include an analysis of the existing desalination projects in the

22

state and recommendations for a plan to effectively utilize and

23

implement desalination technologies that are environmentally and

24

fiscally sound and that will provide sustainability of the

25

current water supply demands of the state as well as long-term

26

potable water supply demands based on projected population

27

growth. The secretary shall submit a report of the findings of

28

the study and plan recommendations to the Governor, the President

29

of the Senate, and the Speaker of the House of Representatives by

30

June 30, 2009.

31

     Section 2.  Subsection (3) of section 373.323, Florida

32

Statutes, is amended to read:

33

     373.323  Licensure of water well contractors; application,

34

qualifications, and examinations; equipment identification.--

35

     (3)  An applicant who meets the following requirements shall

36

be entitled to take the water well contractor licensure

37

examination to practice water well contracting:

38

     (a)  Is at least 18 years of age.

39

     (b)  Has at least 2 years of experience in constructing,

40

repairing, or abandoning water wells. Satisfactory proof of such

41

experience shall be demonstrated by providing:

42

     1. Evidence of the length of time the applicant has been

43

engaged in the business of the construction, abandonment, and

44

repair of water wells as a major activity, as attested to by

45

three letters from any of the following persons:

46

     a. Water well contractors.

47

     b. Water well drillers.

48

     c. Water well parts and equipment vendors.

49

     d. Water well inspectors employed by a governmental agency.

50

     2. A list of at least 10 water wells that the applicant has

51

constructed, repaired, or abandoned, which includes the following

52

information:

53

     a. The name and address of the owner or owners of each

54

well.

55

     b. The location, primary use, and approximate depth and

56

diameter of each well that the applicant has constructed,

57

repaired, or abandoned.

58

     c. The approximate date the construction, repair, or

59

abandonment of each well was completed.

60

     3. All listed wells must have been constructed, repaired,

61

or abandoned within 5 years immediately preceding the filing of

62

the license application. At least seven of the 10 water wells

63

must have been constructed by the applicant, as defined in s.

64

373.303(2).

65

     (c)  Has completed the application form and remitted a

66

nonrefundable application fee.

67

     Section 3.  Section 373.0363, Florida Statutes, is created

68

to read:

69

     373.0363 West-Central Florida Water Restoration Action

70

Plan.--

71

     (1) As used in this section, the term:

72

     (a) "Central Florida Coordination Area" means all of Polk,

73

Osceola, Orange and Seminole Counties, and southern Lake County,

74

as designated by the Southwest Florida Water Management District,

75

the South Florida Water Management District, and the St. Johns

76

River Water Management District.

77

     (b) "District" means the Southwest Florida Water Management

78

District.

79

     (c) "Southern Water Use Caution Area" means an area that

80

the district designated, after extensive collection of data and

81

numerous studies, in order to comprehensively manage water

82

resources in the Southern West-Central Groundwater Basin, which

83

includes all of Desoto, Hardee, Manatee, and Sarasota Counties

84

and parts of Charlotte, Highlands, Hillsborough, and Polk

85

Counties.

86

     (d) "Southern Water Use Caution Area Recovery Strategy"

87

means the district's planning, regulatory, and financial strategy

88

for ensuring that adequate water supplies are available to meet

89

growing demands while protecting and restoring the water and

90

related natural resources of the area.

91

     (e) "West-Central Florida Water Restoration Action Plan"

92

means the district's regional environmental restoration and

93

water-resource sustainability program for the Southern Water Use

94

Caution Area.

95

     (2) The Legislature finds that:

96

     (a) In response to growing demands from public supply,

97

agriculture, mining, power generation, and recreational users,

98

ground water withdrawals in the Southern Water Use Caution Area

99

have steadily increased for nearly a century before peaking in

100

the mid-1970s. These withdrawals resulted in declines in aquifer

101

levels throughout the groundwater basin, which in some areas

102

exceeded 50 feet.

103

     (b) While ground water withdrawals have since stabilized as

104

a result of the district's management efforts, depressed aquifer

105

levels continue to result in saltwater intrusion, reduced flows

106

in the Upper Peace River, lowered water levels, and adverse water

107

quality impacts for some lakes in the Lake Wales Ridge areas of

108

Polk and Highlands Counties.

109

     (c) In response to these resource concerns, and as directed

110

by s. 373.036, the district determined that traditional sources

111

of water in the region are not adequate to supply water for all

112

existing and projected reasonable and beneficial uses and to

113

sustain the water resources and related natural systems.

114

     (d) The expeditious implementation of the Southern Water

115

Use Caution Area Recovery Strategy is needed to meet the minimum

116

flow requirement for the Upper Peace River, slow saltwater

117

intrusion, provide for improved lake levels and water quality

118

along the Lake Wales Ridge, and ensure sufficient water supplies

119

for all existing and projected reasonable and beneficial uses.

120

     (e) Sufficient research has been conducted and sufficient

121

plans developed to immediately expand and accelerate programs to

122

sustain the water resources and related natural systems in the

123

Southern Water Use Caution Area.

124

     (f) Implementation of components of the Southern Water Use

125

Caution Area Recovery Strategy, which are contained in the West-

126

Central Florida Water Restoration Action Plan, is for the benefit

127

of the public health, safety, and welfare and is in the public

128

interest.

129

     (g) Implementation of the West-Central Florida Water

130

Restoration Action Plan is necessary to meet the minimum flow

131

requirement for the Upper Peace River, slow saltwater intrusion,

132

provide for improved lake levels and water quality along the Lake

133

Wales Ridge, and ensure sufficient water supplies for all

134

existing and projected reasonable and beneficial uses.

135

     (h) A continuing source of funding is needed to effectively

136

implement the West-Central Florida Water Restoration Action Plan.

137

     (3) The district shall implement the West-Central Florida

138

Water Restoration Action Plan in a manner that furthers

139

progressive strategies for the management of water resources, is

140

watershed-based, provides for consideration of water quality

141

issues, and includes monitoring, the development and

142

implementation of best-management practices, and structural and

143

nonstructural projects, including public works projects. The

144

district shall coordinate its implementation of the plan with

145

regional water supply authorities, public and private

146

partnerships, and local, state, and federal partners in order to

147

maximize opportunities for the most efficient and timely

148

expenditures of public funds.

149

     (4) The West-Central Florida Water Restoration Action Plan

150

includes:

151

     (a) The Central West Coast Surface Water Enhancement

152

Initiative. The purpose of this initiative is to make additional

153

surface waters available for public supply through restoration of

154

surface waters, natural water flows, and freshwater wetland

155

communities. This initiative is designed to allow limits on

156

ground water withdrawals in order to slow the rate of saltwater

157

intrusion. The initiative shall be an on-going program in

158

cooperation with the Peace River-Manasota Regional Water Supply

159

Authority created under s. 373.1962. The initiative shall include

160

the following components, if feasible:

161

     1. The Dona Bay-Cow Pen Slough Component. This component is

162

anticipated to increase the capacity to store excess freshwater

163

flows for the purpose of supplying potable water and of restoring

164

wetland ecosystems, including the quality and clarity of water in

165

the system and the subsequent rejuvenation of the system's

166

mollusks, oyster beds, seagrasses, and salinity.

167

     2. The Shell Creek Watershed Component. This component is

168

anticipated to increase water storage capacity upstream, redirect

169

the stored water to its natural and historical flow pattern

170

resulting in a benefit to the downstream ecosystem, and capture

171

high flows for use as public supply during low-flow periods.

172

     3. The Upper Myakka River-Flatford Swamp Component. This

173

component is anticipated to reduce the amount of water entering

174

the swamp so that normal hydroperiods are restored, to create a

175

historically more natural system, and to increase the

176

availability of water for public supply.

177

     (b) The Facilitating Agricultural Resource Management

178

Systems Initiative. The purpose of this initiative is to expedite

179

the implementation of production-scale, best-management practices

180

in the agricultural sector which will result in reductions in

181

groundwater withdrawals and improvements in water quality, water

182

resources, and ecology. The initiative is a cost-share

183

reimbursement program to provide funding incentives to

184

agricultural landowners for the implementation of best-management

185

practices. The initiative shall be implemented by district in

186

cooperation with the Department of Agriculture and Consumer

187

Services.

188

     (c) The Ridge Lakes Restoration Initiative. The purpose of

189

this initiative is to protect, restore, and enhance natural

190

systems and flood protection by improving and protecting the

191

water quality of approximately 130 lakes located along the Lake

192

Wales Ridge in Polk County and Highlands County, which quality is

193

threatened by stormwater runoff, wastewater effluent, fertilizer

194

applications, groundwater pollution, degradation of shoreline

195

habitats, and hydrologic alterations. This initiative shall be

196

accomplished through the construction of systems designed to

197

treat the stormwater runoff that threatens the water quality of

198

such lakes. Such systems include swales, retention basins, and

199

long infiltration basins, if feasible.

200

     (d) The Upper Peace River Watershed Restoration Initiative.

201

The purpose of this initiative is to improve the quality of

202

waters and ecosystems in the watershed of the Upper Peace River

203

by recharging aquifers, restoring the flow of surface waters, and

204

restoring the capacity of natural systems to store surface

205

waters. The Legislature finds that such improvements are

206

necessary because the quantity and quality of the fresh water

207

that flows to the basin of the Peace River and Charlotte Harbor

208

are adversely affected by the significant alteration and

209

degradation of the watershed of the Upper Peace River, and

210

because restoration of the watershed of the Upper Peace River is

211

a critical component of the Charlotte Harbor National Estuary

212

Program's Comprehensive Conservation and Management Plan, the

213

Southwest Florida Water Management District's Surface Water

214

Improvement and Management Plan, and the Southern Water Use

215

Caution Area Recovery Strategy. This initiative shall include an

216

Upper-Peace-River component. In addition to the initiative's

217

other purposes, this component will provide a critical link to a

218

major greenway that extends from the lower southwest coast of

219

this state through the watershed of the Peace River and the Green

220

Swamp and further north to the Ocala National Forest. Projects

221

that are included in the Upper-Peace-River component include:

222

     1. The Lake Hancock Component. The purpose of this

223

component is to help meet the minimum-flow requirements in the

224

Upper Peace River and to improve water quality. The component

225

shall include modifications of a structure to control the

226

elevation of water levels in Lake Hancock and the treatment of

227

outfall from the lake.

228

     2. The Peace Creek Canal Restoration Project. The purpose

229

of this project is to enhance the recharge of aquifers, restore

230

the capacity of natural systems to store waters, and provide

231

flood protection. The project shall be implemented by undertaking

232

the actions needed to meet the minimum-flow requirements under s.

233

373.042 and thereafter holding excess surface water from the

234

Peace Creek Canal in storage for public water supply or

235

commercial or industrial water users.

236

     (e) The Central Florida Water Resource Development

237

Initiative. The purpose of this initiative is to create and

238

implement a long-term plan that takes a comprehensive approach to

239

limit ground water withdrawals in the Southern Water Use Caution

240

Area and to identify and develop alternative water supplies for

241

Polk County. The project components developed pursuant to this

242

initiative are eligible for state and regional funding under s.

243

373.196 as an alternative water supply, as defined in s. 373.019,

244

or as a supplemental water supply under the rules of the

245

Southwest Florida Water Management District or the South Florida

246

Water Management District. The initiative shall be implemented by

247

the district as an on-going program in cooperation with Polk

248

County and the South Florida Water Management District. The

249

initiative shall include:

250

     1. The Kissimmee River component. This component shall

251

include developing, if feasible, a public water supply from

252

surface waters in the Kissimmee Basin near Lake Kissimmee,

253

blending such supply with other potable water supplies, and

254

distributing such potable waters by connecting to the water-

255

distribution systems of municipal water utilities. This project

256

is intended to increase the amount of water available for meeting

257

public demand for water in the Central Florida Coordination Area.

258

     2. The Upper Peace River component. This component shall be

259

implemented by investigating the feasibility of using an off-

260

stream reservoir that may include the storage of water on private

261

lands to capture water from the Peace River during high-flow

262

periods for use as a public water supply. If it is determined

263

that the most feasible location of an off-stream reservoir is

264

outside Polk County, the district shall promote Polk County's

265

participation in the development and use of such reservoir so

266

long as such development and use satisfies all requirements of

267

this chapter and the rules of the district.

268

     (5) By March 1 each year, the district shall report on the

269

implementation of this section as part of the consolidated annual

270

report required in s. 373.036(7). The district shall annually

271

submit a copy of the implementation report and recommended

272

legislative proposals to the Governor, the President of the

273

Senate, and the Speaker of the House of Representatives. The

274

district shall prepare the implementation report in cooperation

275

with the other coordinating agencies and affected local

276

governments. The implementation report must include, at a

277

minimum:

278

     (a) A summary of the conditions of the Southern Water Use

279

Caution Area, including the status of the components of the West-

280

Central Florida Water Restoration Action Plan; and

281

     (b) An annual accounting of the expenditure of funds. The

282

accounting must, at a minimum, provide details of expenditures

283

separately by plan component and any subparts of a plan

284

component, and include specific information about amount and use

285

of funds from federal, state, and local government sources. In

286

detailing the use of these funds, the district shall indicate

287

those funds that are designated to meet requirements for matching

288

funds.

289

     Section 4.  This act shall take effect July 1, 2008.

290

================ T I T L E  A M E N D M E N T ================

291

And the title is amended as follows:

292

     Delete everything before the enacting clause

293

and insert:

294

A bill to be entitled

295

An act relating to water resources; providing legislative

296

intent; directing the Secretary of Environmental

297

Protection to coordinate with the water management

298

districts to conduct a study of certain desalination

299

technologies; providing study requirements; requiring the

300

secretary to report to the Governor and the Legislature by

301

a specified date; amending s. 373.323, F.S.; providing for

302

applicants who meet certain conditions to be certified as

303

a licensed water well contractor; creating s. 373.0363,

304

F.S.; providing definitions; providing legislative

305

findings and intent; providing criteria governing the

306

implementation of the West-Central Florida Water

307

Restoration Action Plan by the Southwest Florida Water

308

Management District; requiring that the district

309

coordinate with regional water supply authorities and

310

governmental partners to maximize opportunities concerning

311

the efficient expenditure of public funds; specifying the

312

plan's purpose; specifying the initiatives that are

313

included in the plan; providing criteria governing

314

implementation of the Central West Coast Surface Water

315

Enhancement Initiative, the Facilitating Agricultural

316

Resource Management Systems Initiative, the Ridge Lakes

317

Restoration Initiative, the Upper Peace River Watershed

318

Restoration Initiative, and the Central Florida Water

319

Resource Development Initiative and certain components or

320

projects included in such initiatives; providing for the

321

district to implement certain initiatives or parts thereof

322

in cooperation with the Peace River-Manasota Regional

323

Water Supply Authority or Polk County; requiring an annual

324

report that meets specified criteria concerning

325

implementation of the plan, regional conditions, and the

326

use of funds; requiring that the Southwest Florida Water

327

Management District prepare the report in cooperation with

328

coordinating agencies and affected local governments and

329

provide the report and legislative proposals to the

330

Governor, the President of the Senate, and the Speaker of

331

the House of Representatives; providing an effective date.

5/2/2008  2:35:00 PM     EP.37.09601