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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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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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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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.