Florida Senate - 2008 CS for SB 1296

By the Committee on Environmental Preservation and Conservation; and Senator Saunders

592-06002A-08 20081296c1

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A bill to be entitled

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An act relating to the water management districts;

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reenacting ss. 373.069, 373.0693, 373.0695, 373.073, and

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373.083, F.S., relating to the creation of the water

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management districts, pursuant to the provisions of the

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Florida Government Accountability Act; amending s.

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373.0693, F.S.; eliminating the Oklawaha River Basin

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Advisory Council; amending s. 373.323, F.S.; providing for

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applicants who meet certain conditions to be certified as

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a licensed water well contractor; amending s. 373.536,

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F.S.; authorizing certain chairs of committees of the

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Senate and the House of Representatives to submit comments

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and objections to proposed budgets; amending s. 373.079,

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F.S.; revising meeting requirements for members of the

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governing boards of the water management districts, as

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provided in s. 120.54, F.S.; creating the Reclaimed Water

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Coordination Task Force; providing legislative findings;

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providing purposes; requiring that the task force review

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certain rules, programs, and policies when preparing its

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recommendations; providing for membership of the task

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force; requiring that members be appointed on or before a

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specified date; providing for administrative support for

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the task force; providing duties of the task force;

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requiring that the Department of Environmental Protection

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and each water management district encourage the use of

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pilot projects for certain purposes; requiring that the

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task force submit a report to the Governor, the President

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of the Senate, and the Speaker of the House of

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Representatives on or before a specified date; requiring

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that the report contain certain information; requiring

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that the department and each water management district

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cooperate with the task force; requesting that all other

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agencies cooperate with the task force; providing for

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dissolution of the task force; providing an effective

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date.

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     WHEREAS, ss. 11.901-11.920, Florida Statutes, the Florida

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Government Accountability Act, subjects the water management

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districts and each district's respective advisory committees to

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a sunset review process in order to determine whether the

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districts should be retained, modified, or abolished, and

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     WHEREAS, the water management districts produced reports

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providing specific information, as enumerated in s. 11.906,

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Florida Statutes, and

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     WHEREAS, upon receipt of the reports, the Joint

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Legislative Sunset Committee and committees of the Senate and

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the House of Representatives assigned to act as sunset review

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committees reviewed the reports and requested studies by the

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Office of Program Policy Analysis and Government

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Accountability, and

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     WHEREAS, based on the reports of the water management

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districts, studies of the Office of Program Policy Analysis and

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Government Accountability, and public input, the Joint

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Legislative Sunset Committee and legislative sunset review

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committees made recommendations on the abolition, continuation,

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or reorganization of the water management districts and each

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district's advisory committees; on the need for the functions

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performed by the districts and the advisory committees; and on

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the consolidation, transfer, or reorganization of programs

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within the water management districts, NOW, THEREFORE,

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

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     Section 1. Sections 373.069, 373.0693, 373.0695, 373.073,

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and 373.083, Florida Statutes are reenacted.

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     Section 2.  Paragraph (a) of subsection (8) of section

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373.0693, Florida Statutes, is amended to read:

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     373.0693  Basins; basin boards.--

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     (8)(a)  At 11:59 p.m. on June 30, 1988, the area transferred

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from the Southwest Florida Water Management District to the St.

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Johns River Water Management District by change of boundaries

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pursuant to chapter 76-243, Laws of Florida, shall cease to be a

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subdistrict or basin of the St. Johns River Water Management

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District known as the Oklawaha River Basin and said Oklawaha

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River Basin shall cease to exist. However, any recognition of an

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Oklawaha River Basin or an Oklawaha River Hydrologic Basin for

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regulatory purposes shall be unaffected. The area formerly known

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as the Oklawaha River Basin shall continue to be part of the St.

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Johns River Water Management District. There shall be established

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by the governing board of the St. Johns River Water Management

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District the Oklawaha River Basin Advisory Council to receive

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public input and advise the St. Johns River Water Management

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District's governing board on water management issues affecting

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the Oklawaha River Basin. The Oklawaha River Basin Advisory

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Council shall be appointed by action of the St. Johns River Water

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Management District's governing board and shall include one

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representative from each county which is wholly or partly

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included in the Oklawaha River Basin. The St. Johns River Water

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Management District's governing board member currently serving

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pursuant to s. 373.073(2)(c)3. shall serve as chair of the

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Oklawaha River Basin Advisory Council. Members of the Oklawaha

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River Basin Advisory Council shall receive no compensation for

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their services but are entitled to be reimbursed for per diem and

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travel expenses as provided in s. 112.061.

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

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Statutes, is amended to read:

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     373.323  Licensure of water well contractors; application,

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qualifications, and examinations; equipment identification.--

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     (3)  An applicant who meets the following requirements shall

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be entitled to take the water well contractor licensure

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examination to practice water well contracting:

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     (a)  Is at least 18 years of age.

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

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repairing, or abandoning water wells. Satisfactory proof of such

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experience shall be demonstrated by providing:

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

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engaged in the business of the construction, abandonment, and

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

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three letters from any of the following persons:

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     a. Water well contractors.

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     b. Water well drillers.

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     c. Water well parts and equipment vendors.

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     d. Water well inspectors employed by a governmental agency.

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

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constructed, repaired, or abandoned, which includes the following

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information:

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

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well.

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

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diameter of each well that the applicant has constructed,

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repaired, or abandoned.

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     c. The approximate date the construction, repair, or

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abandonment of each well was completed.

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

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or abandoned within 5 years immediately preceding the filing of

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

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

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373.303(2).

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     (c)  Has completed the application form and remitted a

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nonrefundable application fee.

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     Section 4.  Paragraph (e) of subsection (5) of section

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373.536, Florida Statutes, is amended to read:

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     373.536  District budget and hearing thereon.--

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     (5)  TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND

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APPROVAL.--

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     (e)  By September 5 of the year in which the budget is

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submitted, the House and Senate appropriations and appropriate

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substantive committee chairs may transmit to each district

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comments and objections to the proposed budgets. Each district

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governing board shall include a response to such comments and

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objections in the record of the governing board meeting where

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final adoption of the budget takes place, and the record of this

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meeting shall be transmitted to the Executive Office of the

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Governor, the department, and the chairs of the House and Senate

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appropriations committees.

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     Section 5.  Subsection (7) of section 373.079, Florida

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Statutes, is amended to read:

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     373.079  Members of governing board; oath of office;

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staff.--

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     (7)  The governing board shall meet at least once a month

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and upon call of the chair. The governing board, a basin board, a

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committee, or an advisory board may conduct meetings by means of

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communications media technology as provided in the uniform rules

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of procedure adopted pursuant to s. 120.54.

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     Section 6. The Legislature finds that encouragement and

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promotion of reuse of reclaimed water, as defined by the

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Department of Environmental Protection, are state objectives and

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serve the public interest. The Legislature finds that the

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implementation of this policy has been hampered by a lack of

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clear understanding as to the role of local governments producing

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and distributing reclaimed water and water management districts

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as to the regulation of the use of reclaimed water. The

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Legislature further finds that the Department of Environmental

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Protection and water management districts do not have a common

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policy regarding reclaimed water as applied to processes related

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to water-use permitting and water shortage. The Legislature also

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finds that a clear and consistent policy regarding the use of

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reclaimed water is required to achieve the most efficient and

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beneficial use of this resource.

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     (1) The Reclaimed Water Coordination Task Force is created

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for the purposes of recommending clear direction as to the

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relative roles of local governments and water management

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districts with regard to the regulation of the use of reclaimed

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water and proposing a statewide uniform approach to consideration

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of use of reclaimed water as applied to processes related to

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water-use permitting and water shortages. When preparing its

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recommendations, the task force shall review the rules, programs,

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and policies of the five water management districts in this state

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as such rules, programs, and policies relate to considerations

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involving the use of reclaimed water with respect to water-use

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permitting, water shortages, and related actions, activities, or

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programs.

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     (2) The task force shall consist of the following members:

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     (a) The President of the Senate and the Speaker of the

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House of Representatives shall each appoint one member from their

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respective chambers, who shall co-chair the task force.

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     (b) The Secretary of Environmental Protection or designee.

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     (c) The Commissioner of Agriculture, or his or her

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designee.

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(d) The executive director of the South Florida Water

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Management District, or his or her designee.

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     (e) The executive director of the Southwest Florida Water

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Management District, or his or her designee.

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     (f) The executive director of the St. Johns River Water

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Management District, or his or her designee.

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     (g) The executive director of the Suwannee River Water

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Management District, or his or her designee.

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     (h) The executive director of the Northwest Florida Water

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Management District, or his or her designee.

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     (i) The executive director of the Florida Nursery Growers

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and Landscape Association, or his or her designee.

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     (j) The executive director of the Florida Sugar Cane

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League, or his or her designee.

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     (k) In addition to the appointments in paragraph (a), the

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President of the Senate and the Speaker of the House of

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Representatives shall each appoint:

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     1. Three members who are employees of a local government

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producing reclaimed water for reuse by the public.

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     2. A representative of a not-for-profit environmental

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advocacy organization.

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     3. A representative from a company that is a self-supplier

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of water.

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     (3) Members of the task force shall be appointed on or

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before August 1, 2008.

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     (4) The clerical and professional staff of the Department

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of Environmental Protection shall provide administrative support

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to the task force. The task force may request support from the

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clerical and professional staff of the standing committees of the

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Senate and the House of Representatives.

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     (5) The task force shall:

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     (a) Determine the role of the use of reclaimed water as

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applied to processes related to water-use permitting and water

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shortage.

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     (b) Assess the appropriate roles of local governments and

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water management districts in regulating the use of reclaimed

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water.

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     (c) Consider how the use of reclaimed water could be

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promoted in areas in which new or increased water withdrawals

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have been limited by law through the use of offsets or other

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similar incentives.

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     (d) Evaluate the most effective means of supplementing

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reclaimed water supplies during peak demands in order to improve

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reliability and promote widespread adoption of reclaimed water.

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     (e) Consider the most effective means of incorporating any

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recommended statewide policy changes.

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     (6) The Department of Environmental Protection and each

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water management district shall encourage the use of pilot

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projects for the purpose of obtaining data and operating

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experience regarding various types of reuse and irrigation

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systems.

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     (7) The task force shall submit a report to the Governor,

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the President of the Senate, and the Speaker of the House of

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Representatives summarizing its findings and recommendations on

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or before January 31, 2009.

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     (8) The Department of Environmental Protection and the

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water management districts are directed, and all other agencies

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and local governments are requested, to render assistance to and

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cooperate with the task force.

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     (9) The task force shall dissolve on January 31, 2009.

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     Section 7.  This act shall take effect upon becoming a law.

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