Florida Senate - 2008 SB 2088

By Senator Justice

16-03007A-08 20082088__

A bill to be entitled

An act relating to water supply; creating part VII of ch.

373, F.S., relating to water supply policy, planning,

production, and funding; providing a declaration of

policy; providing definitions; providing for the powers

and duties of water management district governing boards;

requiring the Department of Environmental Protection to

develop the Florida water supply plan; providing

components of the plan; requiring water management

district governing boards to develop water supply plans

for their respective regions; providing components of

district water supply plans; providing legislative

findings and intent with respect to water resource

development and water supply development; requiring water

management districts to fund and implement water resource

development; specifying water supply development projects

that are eligible to receive priority consideration for

state or water management district funding assistance;

encouraging cooperation in the development of water

supplies; providing for alternative water supply

development; encouraging municipalities, counties, and

special districts to create regional water supply

authorities; establishing the primary roles of the water

management districts in alternative water supply

development; establishing the primary roles of local

governments, regional water supply authorities, special

districts, and publicly owned and privately owned water

utilities in alternative water supply development;

requiring the water management districts to detail the

specific allocations to be used for alternative water

supply development in their annual budget submission;

requiring that the water management districts include the

amount needed to implement the water supply development

projects in each annual budget; establishing general

funding criteria for funding assistance to the state or

water management districts; establishing economic

incentives for alternative water supply development;

providing a funding formula for the distribution of state

funds to the water management districts for alternative

water supply development; requiring that funding

assistance for alternative water supply development be

limited to a percentage of the total capital costs of an

approved project; establishing a selection process and

criteria; providing for cost recovery from the Public

Service Commission; requiring a water management district

governing board to conduct water supply planning for each

region identified in the district water supply plan;

providing procedures and requirements with respect to

regional water supply plans; providing for joint

development of a specified water supply development

component of a regional water supply plan within the

boundaries of the Southwest Florida Water Management

District; providing that approval of a regional water

supply plan is not subject to the rulemaking requirements

of the Administrative Procedure Act; requiring the

department to submit annual reports on the status of

regional water supply planning in each district; providing

construction with respect to the water supply development

component of a regional water supply plan; requiring water

management districts to present to certain entities the

relevant portions of a regional water supply plan;

requiring certain entities to provide written notification

to water management districts as to the implementation of

water supply project options; requiring water management

districts to notify local governments of the need for

alternative water supply projects; requiring water

management districts to assist local governments in the

development and future revision of local government

comprehensive plan elements or public facilities reports

related to water resource issues; providing for the

creation of regional water supply authorities; providing

purpose of such authorities; specifying considerations

with respect to the creation of a proposed authority;

specifying authority of a regional water supply authority;

providing authority of specified entities to convey title,

dedicate land, or grant land-use rights to a regional

water supply authority for specified purposes; providing

preferential rights of counties and municipalities to

purchase water from regional water supply authorities;

providing exemption for specified water supply authorities

from consideration of certain factors and submissions;

providing applicability of such exemptions; authorizing

the West Coast Regional Water Supply Authority and its

member governments to reconstitute the authority's

governance and rename the authority under a voluntary

interlocal agreement; providing compliance requirements

with respect to the interlocal agreement; providing for

supersession of conflicting general or special laws;

providing requirements with respect to annual budgets;

specifying the annual millage for the authority;

authorizing the authority to request the governing board

of the district to levy ad valorem taxes within the

boundaries of the authority to finance authority

functions; providing requirements and procedures with

respect to the collection of such taxes; amending ss.

11.80, 120.52, 163.3167, and 163.3177, F.S.; conforming

cross-references; amending ss. 163.3191, 186.009, 189.404,

189.4155, 189.4156, and 367.021, F.S.; conforming cross-

references; amending s. 373.016, F.S., relating to the

100

declaration of policy, to conform; amending s. 373.019,

101

F.S., relating to definitions, to conform; amending s.

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373.026, F.S.; conforming a cross-reference; amending s.

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373.036, F.S., relating to the Florida water plan and

104

district water management plans, to include the Florida

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water supply plan and district water supply plans and make

106

other conforming changes; amending s. 373.042, F.S.;

107

providing for minimum flow and level provisions for

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alternative water supply project options; amending ss.

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373.0421, 373.0695, 373.199, 373.223, 373.2234, 373.229,

110

373.414, 373.421, 373.4592, 373.45926, 373.4595, 373.470,

111

373.536, 373.59, 378.212, 378.404, 403.031, 403.0891,

112

403.813, 403.890, 556.102, and 682.02, F.S.; conforming

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cross-references; renumbering s. 373.71, F.S., relating to

114

the Apalachicola-Chattahoochee-Flint River Basin Compact,

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to clarify retention of the section in part VI of ch. 373,

116

F.S.; repealing s. 373.0361, F.S., relating to regional

117

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

118

relating to technical assistance to local governments;

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repealing s. 373.0831, F.S., relating to water resource

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and water supply development; repealing s. 373.196, F.S.,

121

relating to alternative water supply development;

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repealing s. 373.1961, F.S., relating to water production

123

and related powers and duties of water management

124

districts; repealing s. 373.1962, F.S., relating to

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regional water supply authorities; repealing s. 373.1963,

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F.S., relating to assistance to the West Coast Regional

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Water Supply Authority; providing an effective date.

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

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

132

consisting of sections 373.701, 373.703, 373.705, 373.707,

133

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

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created to read:

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PART VII

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WATER SUPPLY POLICY, PLANNING, PRODUCTION, AND FUNDING

137

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

138

policy of the Legislature that:

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(1) Water constitutes a public resource benefiting the

140

entire state, and therefore water supply planning in the state

141

should be conducted on a state and regional basis.

142

(2) The availability of sufficient water for all existing

143

and future reasonable-beneficial uses and natural systems shall

144

be promoted.

145

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

146

meet the current and future needs of those areas with abundant

147

water, the Legislature directs the Department of Environmental

148

Protection and the water management districts to encourage the

149

use of water from sources nearest the area of use or application

150

whenever practicable. Such sources shall include all naturally

151

occurring water sources and all alternative water sources,

152

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

153

of nonpotable reclaimed water and stormwater, and aquifer storage

154

and recovery.

155

(4) In establishing the policy outlined in subsection (3),

156

the Legislature realizes that, under certain circumstances, the

157

need to transport water from distant sources may be necessary for

158

environmental, technical, or economic reasons.

159

(5) Cooperative efforts between municipalities, counties,

160

water management districts, and the department are mandatory in

161

order to meet the water needs of rapidly urbanizing areas in a

162

manner that will supply adequate and dependable supplies of water

163

where needed without resulting in adverse effects upon the areas

164

from which such water is withdrawn. Such efforts should utilize

165

all practical means of obtaining water, including, but not

166

limited to, withdrawals of surface water and groundwater, the

167

recycling of wastewater, and desalination and will necessitate

168

not only cooperation but also well-coordinated activities.

169

(6) Municipalities and counties are encouraged to create

170

regional water supply authorities and multijurisdictional water

171

supply entities as authorized in this part.

172

(7) Nothing in this part shall be construed to preclude the

173

various municipalities and counties from continuing to operate

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existing water production and transmission facilities or to enter

175

into cooperative agreements with other municipalities and

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counties for the purpose of meeting their respective needs for

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dependable and adequate supplies of water, provided the obtaining

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of water through such operations shall not be done in a manner

179

that results in adverse effects upon the areas from which such

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water is withdrawn.

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373.703 Definitions.--As used in this part or in any rule,

182

regulation, or order adopted pursuant to this part, the following

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terms shall, unless the context clearly indicates otherwise,

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mean:

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

186

surface water and groundwater; surface water captured

187

predominately during wet-weather flows; sources made available

188

through the addition of new storage capacity for surface water or

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groundwater, water that has been reclaimed after one or more

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public supply, municipal, industrial, commercial, or agricultural

191

uses; the downstream augmentation of water bodies with reclaimed

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water; stormwater; and any other water supply source that is

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designated as nontraditional for a water supply planning region

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in the applicable regional water supply plan.

195

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

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and project construction costs.

197

(3) "Department" means the Department of Environmental

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Protection.

199

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

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developed by a governing board under s. 373.707.

201

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

202

developed by the department under s. 373.707.

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

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management district.

205

(7) "Multijurisdictional water supply entity" means two or

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more water utilities or local governments that have organized

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into a larger entity, or entered into an interlocal agreement or

208

contract, for the purpose of more efficiently pursuing water

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supply development or alternative water supply development

210

projects listed pursuant to a regional water supply plan.

211

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

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supply plan developed by a governing board under s. 373.713.

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(9) "Water management district" means any flood control,

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resource management, or water management district operating under

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the authority of this chapter.

216

(10) "Water resource development" means the formulation and

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implementation of regional water resource management strategies,

218

including the collection and evaluation of surface water and

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groundwater data; structural and nonstructural programs to

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protect and manage water resources; the development of regional

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water resource implementation programs; the construction,

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operation, and maintenance of major public works facilities to

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provide for surface water and underground water storage and

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groundwater recharge augmentation; and related technical

225

assistance to local governments and to government-owned and

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privately owned water utilities.

227

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

228

construction, operation, and maintenance of public or private

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facilities for water collection, production, treatment,

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transmission, or distribution for sale, resale, or end use.

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

232

conjunction with, its other powers and duties, the governing

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board of a water management district existing pursuant to this

234

chapter:

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(1) Shall engage in planning to assist counties,

236

municipalities, special districts, publicly owned and privately

237

owned water utilities, multijurisdictional water supply entities,

238

or regional water supply authorities in meeting water supply

239

needs in such manner as will give priority to encouraging

240

conservation and reducing adverse environmental effects of

241

improper or excessive withdrawals of water from concentrated

242

areas. As used in this section, regional water supply authorities

243

are regional water authorities created under s. 373.717 or other

244

laws of this state.

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(2) Shall assist counties, municipalities, special

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districts, publicly owned or privately owned water utilities,

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multijurisdictional water supply entities, or regional water

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supply authorities in meeting water supply needs in such manner

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as will give priority to encouraging conservation and reducing

250

adverse environmental effects of improper or excessive

251

withdrawals of water from concentrated areas.

252

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

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water production and transmission facilities for the purpose of

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supplying water to counties, municipalities, special districts,

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publicly owned and privately owned water utilities,

256

multijurisdictional water supply entities, or regional water

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supply authorities. The permit required by part II of this

258

chapter for a water management district engaged in water

259

production and transmission shall be granted, denied, or granted

260

with conditions by the department.

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(4) Shall not engage in local water supply distribution.

262

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

263

wherein water is withdrawn of the prior right to the reasonable

264

and beneficial use of water which is required to supply

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adequately the reasonable and beneficial needs of the county or

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any of the inhabitants or property owners in the county.

267

(6) May provide water and financial assistance to regional

268

water supply authorities, but may not provide water to counties

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and municipalities that are located within the area of such

270

authority without the specific approval of the authority or, in

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the event of the authority's disapproval, the approval of the

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Governor and Cabinet sitting as the Land and Water Adjudicatory

273

Commission. The district may supply water at rates and upon terms

274

mutually agreed to by the parties or, if they do not agree, as

275

set by the governing board and specifically approved by the

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Governor and Cabinet sitting as the Land and Water Adjudicatory

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Commission.

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

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real property, by purchase, gift, devise, lease, eminent domain,

280

or otherwise, for water production and transmission consistent

281

with this section and s. 373.711. However, the district shall not

282

use any of the eminent domain powers granted in this section to

283

acquire water and water rights already devoted to reasonable and

284

beneficial use or any water production or transmission facilities

285

owned by any county, municipality, or regional water supply

286

authority. The district may exercise eminent domain powers

287

outside of its district boundaries for the acquisition of pumpage

288

facilities, storage areas, transmission facilities, and the

289

normal appurtenances thereto, provided that at least 45 days

290

prior to the exercise of eminent domain, the district notifies

291

the district where the property is located after public notice

292

and the district where the property is located does not object

293

within 45 days after notification of such exercise of eminent

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domain authority.

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

296

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

297

of paying the costs and expenses incurred in carrying out the

298

purposes of this chapter or refunding obligations of the district

299

issued pursuant to this section. Such revenue bonds shall be

300

secured by, and be payable from, revenues derived from the

301

operation, lease, or use of its water production and transmission

302

facilities and other water-related facilities and from the sale

303

of water or services relating thereto. Such revenue bonds may not

304

be secured by, or be payable from, moneys derived by the district

305

from the Water Management Lands Trust Fund or from ad valorem

306

taxes received by the district. All provisions of s. 373.584

307

relating to the issuance of revenue bonds which are not

308

inconsistent with this section shall apply to the issuance of

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revenue bonds pursuant to this section. The district may also

310

issue bond anticipation notes in accordance with the provisions

311

of s. 373.584.

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

313

districts, counties, municipalities, special districts, publicly

314

owned or privately owned water utilities, multijurisdictional

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water supply entities, or regional water supply authorities for

316

the purpose of carrying out any of its powers, and may contract

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with such other entities to finance acquisitions, construction,

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operation, and maintenance. The contract may provide for

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contributions to be made by each party thereto, for the division

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and apportionment of the expenses of acquisitions, construction,

321

operation, and maintenance, and for the division and

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apportionment of the benefits, services, and products therefrom.

323

The contracts may contain other covenants and agreements

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necessary and appropriate to accomplish their purposes.

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373.707 Florida water supply plan; district water supply

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plans.--

327

(1) In cooperation with the water management districts,

328

regional water supply authorities, and others, the department

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shall develop the Florida water supply plan. The Florida water

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supply plan shall include, but not be limited to:

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(a) The programs and activities of the department related

332

to water supply.

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(b) The district water supply plans.

334

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review of programs, rules, and plans relating to water supply

336

based on statutory policies and directives.

337

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

338

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

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

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developed and revised in cooperation with other agencies,

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regional water supply authorities, units of government, and

342

interested parties and shall be updated at least once every 5

343

years. The governing board shall hold a public hearing at least

344

30 days in advance of completing the development or revision of

345

the district water supply plan.

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(b) The district water supply plan shall include, but not

347

be limited to:

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1. The scientific methodologies for establishing minimum

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flows and levels under s. 373.042 and all established minimum

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flows and levels.

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2. Identification of one or more water supply planning

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regions that singly or together encompass the entire district.

353

3. Technical data and information prepared under s.

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373.715.

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4. A districtwide water supply assessment that determines

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for each water supply planning region:

357

a. Existing legal uses, reasonably anticipated future

358

needs, and existing and reasonably anticipated sources of water

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and conservation efforts.

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b. Whether existing and reasonably anticipated sources of

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water and conservation efforts are adequate to supply water for

362

all existing legal uses and reasonably anticipated future needs

363

and to sustain the water resources and related natural systems.

364

5. Any completed regional water supply plans prepared

365

pursuant to s. 373.713.

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shall adopt by rule or order relevant portions of the district

368

water supply plan to the extent of its statutory authority.

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(d) In the formulation of the district water supply plan,

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the governing board shall give due consideration to:

371

1. The attainment of maximum reasonable-beneficial use of

372

water resources.

373

2. The maximum economic development of the water resources

374

consistent with other uses.

375

3. The management of water resources for such purposes as

376

environmental protection, drainage, flood control, and water

377

storage.

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4. The quantity of water available for application to a

379

reasonable-beneficial use.

380

5. The prevention of wasteful, uneconomical, impractical,

381

or unreasonable uses of water resources.

382

6. Presently exercised domestic use and permit rights.

383

7. The state water resources policy as expressed by this

384

chapter.

385

(3) The department and governing board shall give careful

386

consideration to the requirements of public recreation and to the

387

protection and propagation of fish and wildlife. The department

388

or governing board may prohibit or restrict other future uses on

389

certain designated bodies of water which may be inconsistent with

390

these objectives.

391

(4) The governing board may designate certain uses in

392

connection with a particular source of supply that, because of

393

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

394

constitute an undesirable use for which the governing board may

395

deny a permit.

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(5) The governing board may designate certain uses in

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connection with a particular source of supply that, because of

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

399

result in an enhancement or improvement of the water resources of

400

the area. Such uses shall be preferred over other uses in the

401

event of competing applications under the permitting systems

402

authorized by this chapter.

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(6) The department, in cooperation with the Executive

404

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

405

Florida water supply plan any other information, directions, or

406

objectives it deems necessary or desirable for the guidance of

407

the governing boards or other agencies in the administration and

408

enforcement of this chapter.

409

373.709 Water resource development; water supply

410

development.--

411

(1) The Legislature finds that:

412

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

413

water supply is primarily planning and water resource

414

development, but this does not preclude them from providing

415

assistance with water supply development.

416

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

417

supply authorities, and government-owned and privately owned

418

water utilities in water supply is primarily water supply

419

development, but this does not preclude them from providing

420

assistance with water resource development.

421

422

must receive priority attention, where needed, to increase the

423

availability of sufficient water for all existing and future

424

reasonable-beneficial uses and natural systems.

425

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

426

(a) Sufficient water be available for all existing and

427

future reasonable-beneficial uses and the natural systems and

428

that the adverse effects of competition for water supplies be

429

avoided.

430

(b) Water management districts take the lead in identifying

431

and implementing water resource development projects and are

432

responsible for securing necessary funding for regionally

433

significant water resource development projects.

434

435

and government-owned and privately owned water utilities take the

436

lead in securing funds for and implementing water supply

437

development projects. Generally, direct beneficiaries of water

438

supply development projects should pay the costs of the projects

439

from which they benefit, and water supply development projects

440

should continue to be paid for through local funding sources.

441

(d) Water supply development be conducted in coordination

442

with water management district regional water supply planning and

443

water resource development.

444

(3) The water management districts shall fund and implement

445

water resource development as defined in s. 373.703. The water

446

management districts are encouraged to implement their

447

responsibility for water resource development and to assist in

448

water supply development as expeditiously as possible in areas

449

subject to regional water supply plans.

450

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

451

an amount to be made available for the fiscal year to assist in

452

implementing alternative water supply development projects listed

453

pursuant to s. 373.713(2)(a)2.

454

(5)(a) Water supply development projects that are included

455

in the relevant regional water supply plans and that meet one or

456

more of the following criteria shall receive priority

457

consideration for state or water management district funding

458

assistance:

459

1. The project supports establishment of a dependable,

460

sustainable supply of water from alternative water supplies;

461

2. The project provides substantial environmental benefits

462

by preventing or limiting adverse water resource impacts but

463

requires funding assistance to be economically competitive with

464

other options;

465

3. The project significantly implements the reuse, storage,

466

recharge, or conservation of water in a manner that contributes

467

to the sustainability of regional water sources; or

468

4. The project significantly contributes to a recovery plan

469

pursuant to s. 373.0421 for a minimum flow or level established

470

by a governing board.

471

(b) Water supply development projects that meet the

472

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

473

existing sources in order to help implement a minimum flow or

474

level shall be given first consideration for state or water

475

management district funding assistance.

476

373.711 Alternative water supply development.--

477

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

478

in the development of water supplies and to provide for

479

alternative water supply development. Accordingly, the

480

Legislature finds that:

481

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

482

needs of a rapidly growing population and the needs of the

483

environment, agriculture, industry, and mining will continue to

484

increase.

485

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

486

water supplies for Florida to sustain its economic growth,

487

economic viability, and natural resources.

488

489

priority funding attention to increase the available supplies of

490

water to meet all existing and future reasonable-beneficial uses

491

and to benefit the natural systems.

492

(d) Cooperation between counties, municipalities, regional

493

water supply authorities, multijurisdictional water supply

494

entities, special districts, and publicly owned and privately

495

owned water utilities in the development of countywide and multi-

496

countywide alternative water supply projects will allow for

497

necessary economies of scale and efficiencies to be achieved in

498

order to accelerate the development of new, dependable, and

499

sustainable alternative water supplies.

500

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

501

industrial, agricultural, and other public and private water

502

users, the Department of Environmental Protection, and the water

503

management districts cooperate and work together in the

504

development of alternative water supplies to avoid the adverse

505

effects of competition for limited supplies of water. Public

506

moneys or services provided to private entities for alternative

507

water supply development may constitute public purposes that also

508

are in the public interest.

509

(2) The Legislature also finds with regard to the

510

development of alternative water supplies that:

511

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

512

future reasonable-beneficial uses and the natural systems, and

513

the adverse effects of competition for water supplies must be

514

avoided.

515

(b) Alternative water supply development must be conducted

516

in coordination with water management district regional water

517

supply planning.

518

519

supplies shall be a shared responsibility of water suppliers and

520

users, the state, and the water management districts, with water

521

suppliers and users having the primary responsibility and the

522

state and the water management districts being responsible for

523

providing funding assistance.

524

(3) The primary roles of the water management districts in

525

water resource development as it relates to supporting

526

alternative water supply development are:

527

(a) The formulation and implementation of regional water

528

resource management strategies that support alternative water

529

supply development.

530

(b) The collection and evaluation of surface water and

531

groundwater data to be used for a planning level assessment of

532

the feasibility of alternative water supply development projects.

533

534

public works facilities for flood control, surface water and

535

underground water storage, and groundwater recharge augmentation

536

to support alternative water supply development.

537

(d) Planning for alternative water supply development as

538

provided in regional water supply plans in coordination with

539

local governments, regional water supply authorities,

540

multijurisdictional water supply entities, special districts, and

541

publicly owned and privately owned water utilities and self-

542

suppliers.

543

(e) The formulation and implementation of structural and

544

nonstructural programs to protect and manage water resources in

545

support of alternative water supply projects.

546

(f) The provision of technical and financial assistance to

547

local governments and publicly owned and privately owned water

548

utilities for alternative water supply projects.

549

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

550

supply authorities, multijurisdictional water supply entities,

551

special districts, and publicly owned and privately owned water

552

utilities in alternative water supply development are:

553

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

554

maintenance of alternative water supply development projects.

555

(b) The formulation and implementation of alternative water

556

supply development strategies and programs.

557

558

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

559

transmit, and distribute water for sale, resale, or end use.

560

(d) The coordination of alternative water supply

561

development activities with the appropriate water management

562

district having jurisdiction over the activity.

563

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

564

the various special districts, municipalities, and counties from

565

continuing to operate existing water production and transmission

566

facilities or to enter into cooperative agreements with other

567

special districts, municipalities, and counties for the purpose

568

of meeting their respective needs for dependable and adequate

569

supplies of water; however, the obtaining of water through such

570

operations shall not be done in a manner that results in adverse

571

effects upon the areas from which such water is withdrawn.

572

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

573

Protection and Sustainability Program serve to supplement

574

existing water management district or basin board funding for

575

alternative water supply development assistance and should not

576

result in a reduction of such funding. Therefore, the water

577

management districts shall include in the annual tentative and

578

adopted budget submittals required under this chapter the amount

579

of funds allocated for water resource development that supports

580

alternative water supply development and the funds allocated for

581

alternative water supply projects selected for inclusion in the

582

Water Protection and Sustainability Program. It shall be the goal

583

of each water management district and basin boards that the

584

combined funds allocated annually for these purposes be, at a

585

minimum, the equivalent of 100 percent of the state funding

586

provided to the water management district for alternative water

587

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

588

management district shall provide in the budget submittal an

589

explanation of the reasons or constraints that prevent this goal

590

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

591

future years, and affirmation of match is required during the

592

budget review process as established under s. 373.536(5). The

593

Suwannee River Water Management District and the Northwest

594

Florida Water Management District shall not be required to meet

595

the match requirements of this paragraph; however, they shall try

596

to achieve the match requirement to the greatest extent

597

practicable.

598

(b) State funds from the Water Protection and

599

Sustainability Program created in s. 403.890 shall be made

600

available for financial assistance for the project construction

601

costs of alternative water supply development projects selected

602

by a water management district governing board for inclusion in

603

the program.

604

(7) The water management district shall implement its

605

responsibilities as expeditiously as possible in areas subject to

606

regional water supply plans. Each district's governing board

607

shall include in its annual budget the amount needed for the

608

fiscal year to assist in implementing alternative water supply

609

development projects.

610

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

611

share a percentage of revenues with water providers and users,

612

including local governments, water, wastewater, and reuse

613

utilities, municipal, special district, industrial, and

614

agricultural water users, and other public and private water

615

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

616

development of alternative water supplies.

617

(b) Beginning in fiscal year 2008-2009, the state shall

618

annually provide a portion of those revenues deposited into the

619

Water Protection and Sustainability Program Trust Fund for the

620

purpose of providing funding assistance for the development of

621

alternative water supplies pursuant to the Water Protection and

622

Sustainability Program. At the beginning of each fiscal year,

623

beginning with fiscal year 2008-2009, such revenues shall be

624

distributed by the department into the alternative water supply

625

trust fund accounts created by each district for the purpose of

626

alternative water supply development under the following funding

627

formula:

628

1. Thirty percent to the South Florida Water Management

629

District;

630

2. Twenty-five percent to the Southwest Florida Water

631

Management District;

632

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

633

Management District;

634

4. Ten percent to the Suwannee River Water Management

635

District; and

636

5. Ten percent to the Northwest Florida Water Management

637

District.

638

639

projects allocated in each district's budget as required in

640

subsection (6) shall be combined with the state funds and used to

641

assist in funding the project construction costs of alternative

642

water supply projects selected by the governing board. If the

643

district has not completed any regional water supply plan, or the

644

regional water supply plan does not identify the need for any

645

alternative water supply projects, funds deposited in that

646

district's trust fund may be used for water resource development

647

projects, including, but not limited to, springs protection.

648

(d) All projects submitted to the governing board for

649

consideration shall reflect the total capital cost for

650

implementation. The costs shall be segregated pursuant to the

651

categories described in the definition of capital costs.

652

(e) Applicants for projects that may receive funding

653

assistance pursuant to the Water Protection and Sustainability

654

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

655

project's construction costs. The water management districts may,

656

at their discretion, totally or partially waive this requirement

657

for projects sponsored by financially disadvantaged small local

658

governments as defined in s. 403.885(3)(c). The water management

659

districts or basin boards may, at their discretion, use ad

660

valorem or federal revenues to assist a project applicant in

661

meeting the requirements of this paragraph.

662

(f) The governing boards shall determine those projects

663

that will be selected for financial assistance. The governing

664

boards may establish factors to determine project funding;

665

however, significant weight shall be given to the following

666

factors:

667

1. Whether the project provides substantial environmental

668

benefits by preventing or limiting adverse water resource

669

impacts.

670

2. Whether the project reduces competition for water

671

supplies.

672

3. Whether the project brings about replacement of

673

traditional sources in order to help implement a minimum flow or

674

level or a reservation.

675

4. Whether the project will be implemented by a consumptive

676

use permittee that has achieved the targets contained in a goal-

677

based water conservation program approved pursuant to s. 373.227.

678

5. The quantity of water supplied by the project as

679

compared to its cost.

680

6. Projects in which the construction and delivery to end

681

users of reuse water is a major component.

682

7. Whether the project will be implemented by a

683

multijurisdictional water supply entity or regional water supply

684

authority.

685

(g) Additional factors to be considered in determining

686

project funding shall include:

687

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

688

or more alternative water supply projects, all of which will be

689

operated to produce water at a uniform rate for the participants

690

in a multijurisdictional water supply entity or regional water

691

supply authority.

692

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

693

water supplier or water user.

694

3. Whether the project proposal includes sufficient

695

preliminary planning and engineering to demonstrate that the

696

project can reasonably be implemented within the timeframes

697

provided in the regional water supply plan.

698

4. Whether the project is a subsequent phase of an

699

alternative water supply project that is underway.

700

5. Whether and in what percentage a local government or

701

local government utility is transferring water supply system

702

revenues to the local government general fund in excess of

703

reimbursements for services received from the general fund,

704

including direct and indirect costs and legitimate payments in

705

lieu of taxes.

706

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

707

input on eligible projects, including input from those entities

708

identified pursuant to s. 373.713(2)(a)2.d. for implementation of

709

alternative water supply projects, the governing board of each

710

water management district shall select projects for funding

711

assistance based upon the criteria set forth in paragraphs (f)

712

and (g). The governing board may select a project identified or

713

listed as an alternative water supply development project in the

714

regional water supply plan, or allocate up to 20 percent of the

715

funding for alternative water supply projects that are not

716

identified or listed in the regional water supply plan but are

717

consistent with the goals of the plan.

718

(i) Without diminishing amounts available through other

719

means described in this subsection, the governing boards are

720

encouraged to consider establishing revolving loan funds to

721

expand the total funds available to accomplish the objectives of

722

this section. A revolving loan fund created under this paragraph

723

must be a nonlapsing fund from which the water management

724

district may make loans with interest rates below prevailing

725

market rates to public or private entities for the purposes

726

described in this section. The governing board may adopt

727

resolutions to establish revolving loan funds which must specify

728

the details of the administration of the fund, the procedures for

729

applying for loans from the fund, the criteria for awarding loans

730

from the fund, the initial capitalization of the fund, and the

731

goals for future capitalization of the fund in subsequent budget

732

years. Revolving loan funds created under this paragraph must be

733

used to expand the total sums and sources of cooperative funding

734

available for the development of alternative water supplies. The

735

Legislature does not intend for the creation of revolving loan

736

funds to supplant or otherwise reduce existing sources or amounts

737

of funds currently available through other means.

738

(j) For each utility that receives financial assistance

739

from the state or a water management district for an alternative

740

water supply project, the water management district shall require

741

the appropriate rate-setting authority to develop rate structures

742

for water customers in the service area of the funded utility

743

that will:

744

1. Promote the conservation of water; and

745

2. Promote the use of water from alternative water

746

supplies.

747

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

748

disbursal of revenues pursuant to this subsection.

749

(l) All revenues made available pursuant to this subsection

750

must be encumbered annually by the governing board when it

751

approves projects sufficient to expend the available revenues.

752

(m) This subsection is not subject to the rulemaking

753

requirements of chapter 120.

754

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

755

annual report required by s. 373.036(5), each water management

756

district shall submit a report on the disbursal of all budgeted

757

amounts pursuant to this section. Such report shall describe all

758

alternative water supply projects funded as well as the quantity

759

of new water to be created as a result of such projects and shall

760

account separately for any other moneys provided through grants,

761

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

762

or facilities to implement regional water supply plans.

763

(o) The Florida Public Service Commission shall allow

764

entities under its jurisdiction constructing or participating in

765

constructing facilities that provide alternative water supplies

766

to recover their full, prudently incurred cost of constructing

767

such facilities through their rate structure. If construction of

768

a facility or participation in construction is pursuant to or in

769

furtherance of a regional water supply plan, the cost shall be

770

deemed to be prudently incurred. Every component of an

771

alternative water supply facility constructed by an investor-

772

owned utility shall be recovered in current rates. Any state or

773

water management district cost-share is not subject to the

774

recovery provisions allowed in this paragraph.

775

(9) Funding assistance provided by the water management

776

districts for a water reuse system may include the following

777

conditions for that project if a water management district

778

determines that such conditions will encourage water use

779

efficiency:

780

(a) Metering of reclaimed water use for residential

781

irrigation, agricultural irrigation, industrial uses, except for

782

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

783

irrigation, golf course irrigation, irrigation of other public

784

access areas, commercial and institutional uses such as toilet

785

flushing, and transfers to other reclaimed water utilities;

786

(b) Implementation of reclaimed water rate structures based

787

on actual use of reclaimed water for the reuse activities listed

788

in paragraph (a);

789

790

public about water issues, water conservation, and the importance

791

and proper use of reclaimed water; or

792

(d) Development of location data for key reuse facilities.

793

373.713 Regional water supply planning.--

794

(1) The governing board of each water management district

795

shall conduct water supply planning for any water supply planning

796

region within the district identified in the appropriate district

797

water supply plan under s. 373.707, where it determines that

798

existing sources of water are not adequate to supply water for

799

all existing and future reasonable-beneficial uses and to sustain

800

the water resources and related natural systems for the planning

801

period. The planning must be conducted in an open public process,

802

in coordination and cooperation with local governments, regional

803

water supply authorities, government-owned and privately owned

804

water utilities, multijurisdictional water supply entities, self-

805

suppliers, and other affected and interested parties. The

806

districts shall actively engage in public education and outreach

807

to all affected local entities and their officials, as well as

808

members of the public, in the planning process and in seeking

809

input. During preparation, but prior to completion of the

810

regional water supply plan, the district must conduct at least

811

one public workshop to discuss the technical data and modeling

812

tools anticipated to be used to support the regional water supply

813

plan. The district shall also hold several public meetings to

814

communicate the status, overall conceptual intent, and impacts of

815

the plan on existing and future reasonable-beneficial uses and

816

related natural systems. During the planning process, a local

817

government may choose to prepare its own water supply assessment

818

to determine if existing water sources are adequate to meet

819

existing and projected reasonable-beneficial needs of the local

820

government while sustaining water resources and related natural

821

systems. The local government shall submit such assessment,

822

including the data and methodology used, to the district. The

823

district shall consider the local government's assessment during

824

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

825

that initiation of a regional water supply plan for a specific

826

planning region is not needed pursuant to this section shall be

827

subject to s. 120.569. The governing board shall reevaluate such

828

a determination at least once every 5 years and shall initiate a

829

regional water supply plan, if needed, pursuant to this

830

subsection.

831

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

832

least a 20-year planning period and shall include, but need not

833

be limited to:

834

(a) A water supply development component for each water

835

supply planning region identified by the district which includes:

836

1. A quantification of the water supply needs for all

837

existing and future reasonable-beneficial uses within the

838

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

839

with identifying the water supply needs of existing and future

840

reasonable-beneficial uses shall be based upon meeting those

841

needs for a 1-in-10-year drought event. Population projections

842

used for determining public water supply needs must be based upon

843

the best available data. In determining the best available data,

844

the district shall consider the University of Florida's Bureau of

845

Economic and Business Research (BEBR) medium population

846

projections and any population projection data and analysis

847

submitted by a local government pursuant to the public workshop

848

described in subsection (1) if the data and analysis support the

849

local government's comprehensive plan. Any adjustment of or

850

deviation from the BEBR projections must be fully described, and

851

the original BEBR data must be presented along with the adjusted

852

data.

853

2. A list of water supply development project options,

854

including traditional and alternative water supply project

855

options, from which local government, government-owned and

856

privately owned utilities, regional water supply authorities,

857

multijurisdictional water supply entities, self-suppliers, and

858

others may choose for water supply development. In addition to

859

projects listed by the district, such users may propose specific

860

projects for inclusion in the list of alternative water supply

861

projects. If such users propose a project to be listed as an

862

alternative water supply project, the district shall determine

863

whether it meets the goals of the plan and, if so, it shall be

864

included in the list. The total capacity of the projects included

865

in the plan shall exceed the needs identified in subparagraph 1.

866

and shall take into account water conservation and other demand

867

management measures, as well as water resources constraints,

868

including adopted minimum flows and levels and water

869

reservations. Where the district determines it is appropriate,

870

the plan should specifically identify the need for

871

multijurisdictional approaches to project options that, based on

872

planning level analysis, are appropriate to supply the intended

873

uses and that, based on such analysis, appear to be permittable

874

and financially and technically feasible. The list of water

875

supply development options must contain provisions that recognize

876

that alternative water supply options for agricultural self-

877

suppliers are limited. For each project option identified, the

878

following shall be provided:

879

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

880

through the project.

881

b. The timeframe in which the project option should be

882

implemented and the estimated planning-level costs for capital

883

investment and operating and maintaining the project.

884

c. An analysis of funding needs and sources of possible

885

funding options. For alternative water supply projects, the water

886

management districts shall provide funding assistance in

887

accordance with s. 373.711(8).

888

d. Identification of the entity that should implement each

889

project option and the current status of project implementation.

890

(b) A water resource development component that includes:

891

1. A listing of those water resource development projects

892

that support water supply development.

893

2. For each water resource development project listed:

894

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

895

through the project.

896

b. The timeframe in which the project option should be

897

implemented and the estimated planning-level costs for capital

898

investment and for operating and maintaining the project.

899

c. An analysis of funding needs and sources of possible

900

funding options.

901

d. Identification of the entity that should implement each

902

project option and the current status of project implementation.

903

904

373.0421(2).

905

(d) A funding strategy for water resource development

906

projects, which shall be reasonable and sufficient to pay the

907

cost of constructing or implementing all of the listed projects.

908

(e) Consideration of how the project options addressed in

909

paragraph (a) serve the public interest or save costs overall by

910

preventing the loss of natural resources or avoiding greater

911

future expenditures for water resource development or water

912

supply development. However, unless adopted by rule, these

913

considerations do not constitute final agency action.

914

(f) The technical data and information applicable to each

915

planning region which are necessary to support the regional water

916

supply plan.

917

(g) The minimum flows and levels established for water

918

resources within each planning region.

919

(h) Reservations of water adopted by rule pursuant to s.

920

373.223(4) within each planning region.

921

(i) Identification of surface waters or aquifers for which

922

minimum flows and levels are scheduled to be adopted.

923

(j) An analysis, developed in cooperation with the

924

department, of areas or instances in which the variance

925

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

926

create water supply development or water resource development

927

projects.

928

(3) The water supply development component of a regional

929

water supply plan which deals with or affects public utilities

930

and public water supply for those areas served by a regional

931

water supply authority and its member governments within the

932

boundary of the Southwest Florida Water Management District shall

933

be developed jointly by the authority and the district. In areas

934

not served by regional water supply authorities, or other

935

multijurisdictional water supply entities, and where

936

opportunities exist to meet water supply needs more efficiently

937

through multijurisdictional projects identified pursuant to

938

paragraph (2)(a), water management districts are directed to

939

assist in developing multijurisdictional approaches to water

940

supply project development jointly with affected water utilities,

941

special districts, and local governments.

942

(4) Governing board approval of a regional water supply

943

plan shall not be subject to the rulemaking requirements of

944

chapter 120. However, any portion of an approved regional water

945

supply plan which affects the substantial interests of a party

946

shall be subject to s. 120.569.

947

(5) Annually and in conjunction with the reporting

948

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

949

to the Governor and the Legislature a report on the status of

950

regional water supply planning in each district. The report shall

951

include:

952

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

953

sources of funding for water resource development and water

954

supply development projects as identified in the water management

955

district regional water supply plans.

956

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

957

valorem tax revenues or other district funds made available to

958

develop alternative water supplies.

959

960

achieving its water resource development objectives, including

961

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

962

development work program.

963

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

964

implement each alternative water supply project option chosen by

965

the entities and identified for implementation in the plan.

966

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

967

develop water supply in each district, including, but not limited

968

to, an explanation of how each project, either alternative or

969

traditional, will produce, contribute to, or account for

970

additional water being made available for consumptive uses, an

971

estimate of the quantity of water to be produced by each project,

972

and an assessment of the contribution of the district's regional

973

water supply plan in providing sufficient water to meet the needs

974

of existing and future reasonable-beneficial uses for a 1-in-10

975

year drought event, as well as the needs of the natural systems.

976

(6) Nothing contained in the water supply development

977

component of a regional water supply plan shall be construed to

978

require local governments, government-owned or privately owned

979

water utilities, special districts, self-suppliers, regional

980

water supply authorities, multijurisdictional water supply

981

entities, or other water suppliers to select a water supply

982

development project identified in the component merely because it

983

is identified in the plan. Except as provided in s. 373.223(3)

984

and (5), the plan may not be used in the review of permits under

985

part II unless the plan or an applicable portion thereof has been

986

adopted by rule. However, this subsection shall not prohibit a

987

water management district from employing the data or other

988

information used to establish the plan in reviewing permits under

989

part II, nor shall it limit the authority of the department or

990

governing board under part II.

991

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

992

planning region shows the need for one or more alternative water

993

supply projects, the district shall notify the affected local

994

governments and make every reasonable effort to educate and

995

involve local public officials in working toward solutions in

996

conjunction with the districts and, where appropriate, other

997

local and regional water supply entities.

998

(a) Within 6 months after approval or amendment of its

999

regional water supply plan, each water management district shall

1000

notify by certified mail each entity identified in sub-

1001

subparagraph (2)(a)2.d. of that portion of the plan relevant to

1002

the entity. Upon request of such an entity, the water management

1003

district shall appear before and present its findings and

1004

recommendations to the entity.

1005

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

1006

management district pursuant to paragraph (a), each entity

1007

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

1008

water management district written notification of the following:

1009

the alternative water supply projects or options identified in

1010

paragraph (2)(a) which it has developed or intends to develop, if

1011

any; an estimate of the quantity of water to be produced by each

1012

project; and the status of project implementation, including

1013

development of the financial plan, facilities master planning,

1014

permitting, and efforts in coordinating multijurisdictional

1015

projects, if applicable. The information provided in the

1016

notification shall be updated annually, and a progress report

1017

shall be provided by November 15 of each year to the water

1018

management district. If an entity does not intend to develop one

1019

or more of the alternative water supply project options

1020

identified in the regional water supply plan, the entity shall

1021

propose, within 1 year after notification by a water management

1022

district pursuant to paragraph (a), another alternative water

1023

supply project option sufficient to address the needs identified

1024

in paragraph (2)(a) within the entity's jurisdiction and shall

1025

provide an estimate of the quantity of water to be produced by

1026

the project and the status of project implementation as described

1027

in this paragraph. The entity may request that the water

1028

management district consider the other project for inclusion in

1029

the regional water supply plan.

1030

373.715 Technical assistance to local governments.--

1031

(1) The water management districts shall assist local

1032

governments in the development and future revision of local

1033

government comprehensive plan elements or public facilities

1034

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

1035

by annually providing to all local governments within the

1036

jurisdiction current relevant information, including, but not

1037

limited to:

1038

(a) Information and data to assist local governments in

1039

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

1040

the local government comprehensive plan pursuant to s.

1041

163.3177(6)(c).

1042

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

1043

implemented by the district.

1044

1045

existing and planned wellfield sites, existing and anticipated

1046

cones of influence, highly productive groundwater areas, aquifer

1047

recharge areas, deep well injection zones, contaminated areas, an

1048

assessment of regional water resource needs and sources for the

1049

next 20 years, and water quality.

1050

(d) Information reflecting the existing minimum flows for

1051

surface watercourses to avoid harm to water resources or the

1052

ecosystem and information reflecting the existing minimum water

1053

levels for aquifers to avoid harm to water resources or the

1054

ecosystem.

1055

(e) Information reflecting existing reservations of water

1056

for the protection of fish and wildlife or the public health and

1057

safety pursuant to s. 373.223(4).

1058

(f) Identification of surface waters and aquifers for which

1059

minimum flows and levels are scheduled to be adopted.

1060

(2) Upon request, the district shall provide technical

1061

assistance to local governments in the development of water

1062

supply development project options identified in s.

1063

373.713(2)(a).

1064

373.717 Regional water supply authorities.--

1065

(1) By interlocal agreement between counties,

1066

municipalities, or special districts, as applicable pursuant to

1067

s. 163.01 and upon the approval of the Secretary of the

1068

Department of Environmental Protection to ensure that such

1069

agreement will be in the public interest and complies with the

1070

intent and purposes of this act, regional water supply

1071

authorities may be created for the purpose of developing,

1072

recovering, storing, and supplying water for county or municipal

1073

purposes in such a manner as will give priority to reducing

1074

adverse environmental effects of excessive or improper

1075

withdrawals of water from concentrated areas. In approving such

1076

agreement, the Secretary of Environmental Protection shall

1077

consider, but not be limited to, the following:

1078

(a) Whether the geographic territory of the proposed

1079

authority is of sufficient size and character to reduce the

1080

environmental effects of improper or excessive withdrawals of

1081

water from concentrated areas.

1082

(b) The maximization of economic development of the water

1083

resources within the territory of the proposed authority.

1084

1085

supply.

1086

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

1087

construct, operate, and maintain water supply facilities in the

1088

locations and at the times necessary to ensure that an adequate

1089

water supply will be available to all citizens within the

1090

authority.

1091

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

1092

municipality, county, or existing authority or authorities.

1093

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

1094

of the authority.

1095

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

1096

notwithstanding the provisions of s. 163.01, such authority may:

1097

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

1098

or municipality within the territory to be included in any

1099

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

1100

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

1101

authorized by this paragraph shall be levied in any county or

1102

municipality without an affirmative vote of the electors residing

1103

in such county or municipality.

1104

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

1105

provide, sell, and deliver water for county or municipal uses and

1106

purposes; and provide for the furnishing of such water and water

1107

service upon terms and conditions and at rates that will

1108

apportion to parties and nonparties an equitable share of the

1109

capital cost and operating expense of the authority's work to the

1110

purchaser.

1111

1112

(d) Not engage in local distribution.

1113

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

1114

provided by law for the condemnation of private property for

1115

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

1116

is necessary to the exercise of the powers granted in this

1117

section, except water already devoted to reasonable and

1118

beneficial use or any water production or transmission facilities

1119

owned by any county or municipality.

1120

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

1121

Revenue Bond Act of 1953, as amended, part I, chapter 159, to be

1122

payable solely from funds derived from the sale of water by the

1123

authority to any county or municipality. Such bonds may be

1124

additionally secured by the full faith and credit of any county

1125

or municipality, as provided by s. 159.16, or by a pledge of

1126

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

1127

issuing revenue bonds, an authority shall be considered a "unit,"

1128

as defined in s. 159.02(2), and as that term is used in the

1129

Revenue Bond Act of 1953, as amended. Such bonds may be issued to

1130

finance the cost of acquiring properties and facilities for the

1131

production and transmission of water by the authority to any

1132

county or municipality, which cost shall include the acquisition

1133

of real property and easements therein for such purposes. Such

1134

bonds may be in the form of refunding bonds to take up any

1135

outstanding bonds of the authority or of any county or

1136

municipality where such outstanding bonds are secured by

1137

properties and facilities for production and transmission of

1138

water, which properties and facilities are being acquired by the

1139

authority. Refunding bonds may be issued to take up and refund

1140

all outstanding bonds of the authority that are subject to call

1141

and termination and all bonds of the authority that are not

1142

subject to call or redemption when the surrender of such bonds

1143

can be procured from the holder thereof at prices satisfactory to

1144

the authority. Such refunding bonds may be issued at any time

1145

when, in the judgment of the authority, it will be to the best

1146

interest of the authority financially or economically by securing

1147

a lower rate of interest on such bonds or by extending the time

1148

of maturity of such bonds or, for any other reason, in the

1149

judgment of the authority, advantageous to the authority.

1150

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

1151

(h) Borrow money and incur indebtedness and issue bonds or

1152

other evidence of such indebtedness.

1153

(i) Join with one or more other public corporations for the

1154

purpose of carrying out any of its powers and, for that purpose,

1155

to contract with such other public corporation or corporations

1156

for the purpose of financing such acquisitions, construction, and

1157

operations. Such contracts may provide for contributions to be

1158

made by each party thereto, for the division and apportionment of

1159

the expenses of such acquisitions and operations, and for the

1160

division and apportionment of the benefits, services, and

1161

products therefrom. Such contract may contain such other and

1162

further covenants and agreements as may be necessary and

1163

convenient to accomplish the purposes authorized in this

1164

paragraph.

1165

(3) A regional water supply authority is authorized to

1166

develop, construct, operate, maintain, or contract for

1167

alternative sources of potable water, including desalinated

1168

water, and pipelines to interconnect authority sources and

1169

facilities, either by itself or jointly with a water management

1170

district; however, such alternative potable water sources,

1171

facilities, and pipelines may also be privately developed,

1172

constructed, owned, operated, and maintained, in which event an

1173

authority and a water management district are authorized to

1174

pledge and contribute their funds to reduce the wholesale cost of

1175

water from such alternative sources of potable water supplied by

1176

an authority to its member governments.

1177

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

1178

public convenience and welfare, for a public benefit, and

1179

necessary for carrying out the purpose of any regional water

1180

supply authority, any state agency, county, water control

1181

district existing pursuant to chapter 298, water management

1182

district existing pursuant to this chapter, municipality,

1183

governmental agency, or public corporation in this state holding

1184

title to any interest in land is hereby authorized, in its

1185

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

1186

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

1187

use-rights therein, to any regional water supply authority

1188

created pursuant to this section. Land granted or conveyed to

1189

such authority shall be for the public purposes of such authority

1190

and may be made subject to the condition that in the event such

1191

land is not so used, or if used and subsequently its use for such

1192

purpose is abandoned, the interest granted shall cease as to such

1193

authority and shall automatically revert to the granting entity.

1194

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

1195

a party to an agreement pursuant to subsection (1) shall have a

1196

preferential right to purchase water from the regional water

1197

supply authority for use by such county, special district, or

1198

municipality.

1199

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

1200

county wherein water is withdrawn by the authority shall not be

1201

deprived, directly or indirectly, of the prior right to the

1202

reasonable and beneficial use of water which is required

1203

adequately to supply the reasonable and beneficial needs of the

1204

county or any of the inhabitants or property owners in the

1205

county.

1206

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

1207

county or municipality, the authority may, subject to a majority

1208

vote of its voting members, include such county or municipality

1209

in its regional water supply authority upon such terms and

1210

conditions as may be prescribed.

1211

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

1212

maintain facilities in the locations and at the times necessary

1213

to ensure that an adequate water supply will be available to all

1214

citizens within the authority.

1215

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

1216

section or s. 373.719 under a voluntary interlocal agreement that

1217

is consistent with requirements in s. 373.719(1)(b) and receives

1218

or maintains consumptive use permits under this voluntary

1219

agreement consistent with the water supply plan, if any, adopted

1220

by the governing board, such authority shall be exempt from

1221

consideration by the governing board or department of the factors

1222

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

1223

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

1224

within the jurisdictional areas of such voluntary water supply

1225

interlocal agreements.

1226

373.719 Assistance to Tampa Bay Water.--

1227

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

1228

implementation of changes in governance recommended by the West

1229

Coast Regional Water Supply Authority, the predecessor to Tampa

1230

Bay Water, in its reports to the Legislature dated February 1,

1231

1997, and January 5, 1998. The authority and its member

1232

governments may reconstitute the authority's governance and

1233

rename the authority under a voluntary interlocal agreement with

1234

a term of not less than 20 years. The interlocal agreement must

1235

comply with this subsection as follows:

1236

(a) The authority and its member governments agree that

1237

cooperative efforts are mandatory to meet their water needs in a

1238

manner that will provide adequate and dependable supplies of

1239

water where needed without resulting in adverse environmental

1240

effects upon the areas from which the water is withdrawn or

1241

otherwise produced.

1242

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

1243

Constitution and notwithstanding s. 163.01, the interlocal

1244

agreement may include the following terms, which are considered

1245

approved by the parties without a vote of their electors, upon

1246

execution of the interlocal agreement by all member governments

1247

and upon satisfaction of all conditions precedent in the

1248

interlocal agreement:

1249

1. All member governments shall relinquish to the authority

1250

their individual rights to develop potable water supply sources,

1251

except as otherwise provided in the interlocal agreement.

1252

2. The authority shall be the sole and exclusive wholesale

1253

potable water supplier for all member governments.

1254

3. The authority shall have the absolute and unequivocal

1255

obligation to meet the wholesale needs of the member governments

1256

for potable water.

1257

4. A member government may not restrict or prohibit the use

1258

of land within a member's jurisdictional boundaries by the

1259

authority for water supply purposes through use of zoning, land

1260

use, comprehensive planning, or other form of regulation.

1261

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

1262

charge upon the authority in conjunction with the production or

1263

supply of water not otherwise provided for in the interlocal

1264

agreement.

1265

6. The authority may use the powers provided in part II of

1266

chapter 159 for financing and refinancing water treatment,

1267

production, or transmission facilities, including, but not

1268

limited to, desalination facilities. All such water treatment,

1269

production, or transmission facilities are considered a

1270

"manufacturing plant" for purposes of s. 159.27(5) and serve a

1271

paramount public purpose by providing water to citizens of the

1272

state.

1273

7. A member government and any governmental or quasi-

1274

judicial board or commission established by local ordinance or

1275

general or special law where the governing membership of such

1276

board or commission is shared, in whole or in part, or appointed

1277

by a member government agreeing to be bound by the interlocal

1278

agreement shall be limited to the procedures set forth in the

1279

interlocal agreement regarding actions that directly or

1280

indirectly restrict or prohibit the use of lands or other

1281

activities related to the production or supply of water.

1282

1283

all regionally significant member government wholesale water

1284

supply facilities and tangible assets and each member government

1285

shall convey such interests in the facilities and assets to the

1286

authority, at an agreed value.

1287

(d) The authority shall charge a uniform per gallon

1288

wholesale rate to member governments for the wholesale supply of

1289

potable water. All capital, operation, maintenance, and

1290

administrative costs for existing facilities and acquired

1291

facilities, authority master water plan facilities, and other

1292

future projects must be allocated to member governments based on

1293

water usage at the uniform per-gallon wholesale rate.

1294

(e) The interlocal agreement may include procedures for

1295

resolving the parties' differences regarding water management

1296

district proposed agency action in the water use permitting

1297

process within the authority. Such procedures should minimize the

1298

potential for litigation and include alternative dispute

1299

resolution. Any governmental or quasi-judicial board or

1300

commission established by local ordinance or general or special

1301

law where the governing members of such board or commission are

1302

shared, in whole or in part, or appointed by a member government

1303

may agree to be bound by the dispute resolution procedures set

1304

forth in the interlocal agreement.

1305

(f) Upon execution of the voluntary interlocal agreement

1306

provided for in this section, the authority shall jointly develop

1307

with the Southwest Florida Water Management District alternative

1308

sources of potable water and transmission pipelines to

1309

interconnect regionally significant water supply sources and

1310

facilities of the authority in amounts sufficient to meet the

1311

needs of all member governments for a period of at least 20 years

1312

and for natural systems. Nothing in this section, however, shall

1313

preclude the authority and its member governments from developing

1314

traditional water sources pursuant to the voluntary interlocal

1315

agreement. Development and construction costs for alternative

1316

source facilities, which may include a desalination facility and

1317

significant regional interconnects, must be borne as mutually

1318

agreed to by both the authority and the Southwest Florida Water

1319

Management District. Nothing in this section shall preclude

1320

authority or district cost sharing with private entities for the

1321

construction or ownership of alternative source facilities. By

1322

December 31, 1997, the authority and the Southwest Florida Water

1323

Management District shall:

1324

1. Enter into a mutually acceptable agreement detailing the

1325

development and implementation of directives contained in this

1326

paragraph; or

1327

2. Jointly prepare and submit to the President of the

1328

Senate and the Speaker of the House of Representatives a report

1329

describing the progress made and impediments encountered in their

1330

attempts to implement the water resource development and water

1331

supply development directives contained in this paragraph.

1332

Nothing in this section shall be construed to modify the rights

1333

or responsibilities of the authority or its member governments,

1334

except as otherwise provided in this section, or of the Southwest

1335

Florida Water Management District or the department pursuant to

1336

this chapter or chapter 403 and as otherwise set forth by law.

1337

(g) Unless otherwise provided in the interlocal agreement,

1338

the authority shall be governed by a board of commissioners

1339

consisting of nine voting members, all of whom must be elected

1340

officers, as follows:

1341

1. Three members from Hillsborough County who must be

1342

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

1343

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

1344

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

1345

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

1346

selected by the county commission and one of whom must be

1347

selected by the City Council of New Port Richey.

1348

3. Three members from Pinellas County, two of whom must be

1349

selected by the county commission and one of whom must be

1350

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

1351

otherwise provided in this section or in the voluntary interlocal

1352

agreement between the member governments, a majority vote shall

1353

bind the authority and its member governments in all matters

1354

relating to the funding of wholesale water supply, production,

1355

delivery, and related activities.

1356

(2) The provisions of this section supersede any

1357

conflicting provisions contained in all other general or special

1358

laws or provisions thereof as they may apply directly or

1359

indirectly to the exclusivity of water supply or withdrawal of

1360

water, including provisions relating to the environmental

1361

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

1362

potable water, and the provisions of this section are intended to

1363

be a complete revision of all laws related to a regional water

1364

supply authority created under s. 373.717 and this section.

1365

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

1366

same manner as prescribed for the preparation of basin budgets,

1367

but such authority budget shall not be subject to review by the

1368

respective basin boards or by the governing board of the

1369

district.

1370

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

1371

amount required to raise the amount called for by the annual

1372

budget when applied to the total assessment on all taxable

1373

property within the limits of the authority, as determined for

1374

county taxing purposes.

1375

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

1376

board of the district to levy ad valorem taxes within the

1377

boundaries of the authority. Upon receipt of such request,

1378

together with formal certification of the adoption of its annual

1379

budget and of the required tax levy, the authority tax levy shall

1380

be made by the governing board of the district to finance

1381

authority functions.

1382

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

1383

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

1384

county within, or partly within, the authority boundaries and

1385

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

1386

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

1387

district, which shall forthwith pay them over to the authority.

1388

Until paid, such taxes shall be a lien on the property against

1389

which assessed and enforceable in like manner as county taxes.

1390

The property appraisers, tax collectors, and clerks of the

1391

circuit court of the respective counties shall be entitled to

1392

compensation for services performed in connection with such taxes

1393

at the same rates as apply to county taxes.

1394

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

1395

responsible for any actions or lack of actions by the authority.

1396

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

1397

Statutes, is amended to read:

1398

11.80 Joint Legislative Committee on Everglades

1399

Oversight.--

1400

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

1401

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

1402

South Florida Water Management District shall report to the Joint

1403

Legislative Committee on Everglades Oversight on the status of

1404

the implementation of the Everglades Forever Act. Such report

1405

shall include, but is not limited to:

1406

(a) Progress on the Everglades Construction Project.

1407

(b) Changes to the Everglades Construction Project.

1408

1409

(d) Projected acquisition costs, construction costs,

1410

operation and maintenance costs, and projected revenues, over the

1411

succeeding 5 years.

1412

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

1413

Statutes, is amended to read:

1414

120.52 Definitions.--As used in this act:

1415

(12) "Party" means:

1416

(a) Specifically named persons whose substantial interests

1417

are being determined in the proceeding.

1418

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

1419

right, provision of statute, or provision of agency regulation,

1420

is entitled to participate in whole or in part in the proceeding,

1421

or whose substantial interests will be affected by proposed

1422

agency action, and who makes an appearance as a party.

1423

1424

allowed by the agency to intervene or participate in the

1425

proceeding as a party. An agency may by rule authorize limited

1426

forms of participation in agency proceedings for persons who are

1427

not eligible to become parties.

1428

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

1429

funded and authorized by state statute or county ordinance to

1430

represent the interests of the consumers of a county, when the

1431

proceeding involves the substantial interests of a significant

1432

number of residents of the county and the board of county

1433

commissioners has, by resolution, authorized the representative,

1434

agency, department, or unit to represent the class of interested

1435

persons. The authorizing resolution shall apply to a specific

1436

proceeding and to appeals and ancillary proceedings thereto, and

1437

it shall not be required to state the names of the persons whose

1438

interests are to be represented.

1439

1440

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

1441

regional water supply authority or a governmental or quasi-

1442

judicial board or commission established by local ordinance or

1443

special or general law where the governing membership of such

1444

board or commission is shared with, in whole or in part, or

1445

appointed by a member government of a regional water supply

1446

authority in proceedings under s. 120.569, s. 120.57, or s.

1447

120.68, to the extent that an interlocal agreement under ss.

1448

163.01 and 373.717 373.1962 exists in which the member government

1449

has agreed that its substantial interests are not affected by the

1450

proceedings or that it is to be bound by alternative dispute

1451

resolution in lieu of participating in the proceedings. This

1452

exclusion applies only to those particular types of disputes or

1453

controversies, if any, identified in an interlocal agreement.

1454

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

1455

Statutes, is amended to read:

1456

163.3167 Scope of act.--

1457

(13) Each local government shall address in its

1458

comprehensive plan, as enumerated in this chapter, the water

1459

supply sources necessary to meet and achieve the existing and

1460

projected water use demand for the established planning period,

1461

considering the applicable plan developed pursuant to s. 373.713

1462

373.0361.

1463

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

1464

(c), (d), and (h) of subsection (6) of section 163.3177, Florida

1465

Statutes, are amended to read:

1466

163.3177 Required and optional elements of comprehensive

1467

plan; studies and surveys.--

1468

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

1469

the comprehensive plans of adjacent municipalities, the county,

1470

adjacent counties, or the region; with the appropriate water

1471

management district's regional water supply plans approved

1472

pursuant to s. 373.713 373.0361; with adopted rules pertaining to

1473

designated areas of critical state concern; and with the state

1474

comprehensive plan shall be a major objective of the local

1475

comprehensive planning process. To that end, in the preparation

1476

of a comprehensive plan or element thereof, and in the

1477

comprehensive plan or element as adopted, the governing body

1478

shall include a specific policy statement indicating the

1479

relationship of the proposed development of the area to the

1480

comprehensive plans of adjacent municipalities, the county,

1481

adjacent counties, or the region and to the state comprehensive

1482

plan, as the case may require and as such adopted plans or plans

1483

in preparation may exist.

1484

(6) In addition to the requirements of subsections (1)-(5)

1485

and (12), the comprehensive plan shall include the following

1486

elements:

1487

1488

potable water, and natural groundwater aquifer recharge element

1489

correlated to principles and guidelines for future land use,

1490

indicating ways to provide for future potable water, drainage,

1491

sanitary sewer, solid waste, and aquifer recharge protection

1492

requirements for the area. The element may be a detailed

1493

engineering plan including a topographic map depicting areas of

1494

prime groundwater recharge. The element shall describe the

1495

problems and needs and the general facilities that will be

1496

required for solution of the problems and needs. The element

1497

shall also include a topographic map depicting any areas adopted

1498

by a regional water management district as prime groundwater

1499

recharge areas for the Floridan or Biscayne aquifers, pursuant to

1500

s. 373.0397. These areas shall be given special consideration

1501

when the local government is engaged in zoning or considering

1502

future land use for said designated areas. For areas served by

1503

septic tanks, soil surveys shall be provided which indicate the

1504

suitability of soils for septic tanks. Within 18 months after the

1505

governing board approves an updated regional water supply plan,

1506

the element must incorporate the alternative water supply project

1507

or projects selected by the local government from those

1508

identified in the regional water supply plan pursuant to s.

1509

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

1510

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

1511

within two water management districts, the local government shall

1512

adopt its comprehensive plan amendment within 18 months after the

1513

later updated regional water supply plan. The element must

1514

identify such alternative water supply projects and traditional

1515

water supply projects and conservation and reuse necessary to

1516

meet the water needs identified in s. 373.713 373.0361(2)(a)

1517

within the local government's jurisdiction and include a work

1518

plan, covering at least a 10 year planning period, for building

1519

public, private, and regional water supply facilities, including

1520

development of alternative water supplies, which are identified

1521

in the element as necessary to serve existing and new

1522

development. The work plan shall be updated, at a minimum, every

1523

5 years within 18 months after the governing board of a water

1524

management district approves an updated regional water supply

1525

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

1526

the limitation on the frequency of adoption of amendments to the

1527

comprehensive plan. Local governments, public and private

1528

utilities, regional water supply authorities, special districts,

1529

and water management districts are encouraged to cooperatively

1530

plan for the development of multijurisdictional water supply

1531

facilities that are sufficient to meet projected demands for

1532

established planning periods, including the development of

1533

alternative water sources to supplement traditional sources of

1534

groundwater and surface water supplies.

1535

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

1536

protection of natural resources in the area, including air,

1537

water, water recharge areas, wetlands, waterwells, estuarine

1538

marshes, soils, beaches, shores, flood plains, rivers, bays,

1539

lakes, harbors, forests, fisheries and wildlife, marine habitat,

1540

minerals, and other natural and environmental resources. Local

1541

governments shall assess their current, as well as projected,

1542

water needs and sources for at least a 10-year period,

1543

considering the appropriate regional water supply plan approved

1544

pursuant to s. 373.713 373.0361, or, in the absence of an

1545

approved regional water supply plan, the district water supply

1546

management plan approved pursuant to s. 373.707 373.036(2). This

1547

information shall be submitted to the appropriate agencies. The

1548

land use map or map series contained in the future land use

1549

element shall generally identify and depict the following:

1550

1. Existing and planned waterwells and cones of influence

1551

where applicable.

1552

2. Beaches and shores, including estuarine systems.

1553

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

1554

4. Wetlands.

1555

5. Minerals and soils.

1556

1557

The land uses identified on such maps shall be consistent with

1558

applicable state law and rules.

1559

(h)1. An intergovernmental coordination element showing

1560

relationships and stating principles and guidelines to be used in

1561

the accomplishment of coordination of the adopted comprehensive

1562

plan with the plans of school boards, regional water supply

1563

authorities, and other units of local government providing

1564

services but not having regulatory authority over the use of

1565

land, with the comprehensive plans of adjacent municipalities,

1566

the county, adjacent counties, or the region, with the state

1567

comprehensive plan and with the applicable regional water supply

1568

plan approved pursuant to s. 373.713 373.0361, as the case may

1569

require and as such adopted plans or plans in preparation may

1570

exist. This element of the local comprehensive plan shall

1571

demonstrate consideration of the particular effects of the local

1572

plan, when adopted, upon the development of adjacent

1573

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

1574

upon the state comprehensive plan, as the case may require.

1575

a. The intergovernmental coordination element shall provide

1576

for procedures to identify and implement joint planning areas,

1577

especially for the purpose of annexation, municipal

1578

incorporation, and joint infrastructure service areas.

1579

b. The intergovernmental coordination element shall provide

1580

for recognition of campus master plans prepared pursuant to s.

1581

1013.30.

1582

c. The intergovernmental coordination element may provide

1583

for a voluntary dispute resolution process as established

1584

pursuant to s. 186.509 for bringing to closure in a timely manner

1585

intergovernmental disputes. A local government may develop and

1586

use an alternative local dispute resolution process for this

1587

purpose.

1588

2. The intergovernmental coordination element shall further

1589

state principles and guidelines to be used in the accomplishment

1590

of coordination of the adopted comprehensive plan with the plans

1591

of school boards and other units of local government providing

1592

facilities and services but not having regulatory authority over

1593

the use of land. In addition, the intergovernmental coordination

1594

element shall describe joint processes for collaborative planning

1595

and decisionmaking on population projections and public school

1596

siting, the location and extension of public facilities subject

1597

to concurrency, and siting facilities with countywide

1598

significance, including locally unwanted land uses whose nature

1599

and identity are established in an agreement. Within 1 year of

1600

adopting their intergovernmental coordination elements, each

1601

county, all the municipalities within that county, the district

1602

school board, and any unit of local government service providers

1603

in that county shall establish by interlocal or other formal

1604

agreement executed by all affected entities, the joint processes

1605

described in this subparagraph consistent with their adopted

1606

intergovernmental coordination elements.

1607

3. To foster coordination between special districts and

1608

local general-purpose governments as local general-purpose

1609

governments implement local comprehensive plans, each independent

1610

special district must submit a public facilities report to the

1611

appropriate local government as required by s. 189.415.

1612

4.a. Local governments must execute an interlocal agreement

1613

with the district school board, the county, and nonexempt

1614

municipalities pursuant to s. 163.31777. The local government

1615

shall amend the intergovernmental coordination element to provide

1616

that coordination between the local government and school board

1617

is pursuant to the agreement and shall state the obligations of

1618

the local government under the agreement.

1619

b. Plan amendments that comply with this subparagraph are

1620

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

1621

5. The state land planning agency shall establish a

1622

schedule for phased completion and transmittal of plan amendments

1623

to implement subparagraphs 1., 2., and 3. from all jurisdictions

1624

so as to accomplish their adoption by December 31, 1999. A local

1625

government may complete and transmit its plan amendments to carry

1626

out these provisions prior to the scheduled date established by

1627

the state land planning agency. The plan amendments are exempt

1628

from the provisions of s. 163.3187(1).

1629

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

1630

greater than 100,000, and the municipalities and special

1631

districts within that county, shall submit a report to the

1632

Department of Community Affairs which:

1633

a. Identifies all existing or proposed interlocal service

1634

delivery agreements regarding the following: education; sanitary

1635

sewer; public safety; solid waste; drainage; potable water; parks

1636

and recreation; and transportation facilities.

1637

b. Identifies any deficits or duplication in the provision

1638

of services within its jurisdiction, whether capital or

1639

operational. Upon request, the Department of Community Affairs

1640

shall provide technical assistance to the local governments in

1641

identifying deficits or duplication.

1642

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

1643

Department of Community Affairs shall, through the appropriate

1644

regional planning council, coordinate a meeting of all local

1645

governments within the regional planning area to discuss the

1646

reports and potential strategies to remedy any identified

1647

deficiencies or duplications.

1648

8. Each local government shall update its intergovernmental

1649

coordination element based upon the findings in the report

1650

submitted pursuant to subparagraph 6. The report may be used as

1651

supporting data and analysis for the intergovernmental

1652

coordination element.

1653

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

1654

163.3191, Florida Statutes, is amended to read:

1655

163.3191 Evaluation and appraisal of comprehensive plan.--

1656

(2) The report shall present an evaluation and assessment

1657

of the comprehensive plan and shall contain appropriate

1658

statements to update the comprehensive plan, including, but not

1659

limited to, words, maps, illustrations, or other media, related

1660

to:

1661

(l) The extent to which the local government has been

1662

successful in identifying alternative water supply projects and

1663

traditional water supply projects, including conservation and

1664

reuse, necessary to meet the water needs identified in s. 373.713

1665

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

1666

report must evaluate the degree to which the local government has

1667

implemented the work plan for building public, private, and

1668

regional water supply facilities, including development of

1669

alternative water supplies, identified in the element as

1670

necessary to serve existing and new development.

1671

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

1672

186.009, Florida Statutes, is amended to read:

1673

186.009 Growth management portion of the state

1674

comprehensive plan.--

1675

(2) The growth management portion of the state

1676

comprehensive plan shall:

1677

(n) Set forth recommendations on how to integrate the

1678

Florida water supply plan required by s. 373.707 373.036 and

1679

transportation plans required by chapter 339.

1680

1681

The growth management portion of the state comprehensive plan

1682

shall not include a land use map.

1683

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

1684

section 189.404, Florida Statutes, are amended to read:

1685

189.404 Legislative intent for the creation of independent

1686

special districts; special act prohibitions; model elements and

1687

other requirements; general-purpose local government/Governor and

1688

Cabinet creation authorizations.--

1689

(4) LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION

1690

AUTHORIZATIONS.--Except as otherwise authorized by general law,

1691

only the Legislature may create independent special districts.

1692

1693

special district which shall be established by rule in accordance

1694

with s. 190.005 or as otherwise authorized in general law. The

1695

Governor and Cabinet may also approve the establishment of a

1696

charter for the creation of an independent special district which

1697

shall be in accordance with s. 373.717 373.1962, or as otherwise

1698

authorized in general law.

1699

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

1700

regional special district which shall be established in

1701

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

1702

law.

1703

2. Any combination of two or more counties or

1704

municipalities may create a regional special district which shall

1705

be established in accordance with s. 373.717 373.1962, or as

1706

otherwise authorized by general law.

1707

3. Any combination of two or more counties, municipalities,

1708

or other political subdivisions may create a regional special

1709

district in accordance with s. 163.567, or as otherwise

1710

authorized in general law.

1711

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

1712

Statutes, is amended to read:

1713

189.4155 Activities of special districts; local government

1714

comprehensive planning.--

1715

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

1716

management districts created pursuant to s. 373.069, to regional

1717

water supply authorities created pursuant to s. 373.717 373.1962,

1718

or to spoil disposal sites owned or used by the Federal

1719

Government.

1720

Section 10. Section 189.4156, Florida Statutes, is amended

1721

to read:

1722

189.4156 Water management district technical assistance;

1723

local government comprehensive planning.--Water management

1724

districts shall assist local governments in the development of

1725

local government comprehensive plan elements related to water

1726

resource issues as required by s. 373.715 373.0391.

1727

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

1728

Statutes, is amended to read:

1729

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

1730

following words or terms shall have the meanings indicated:

1731

(7) "Governmental authority" means a political subdivision,

1732

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

1733

created pursuant to s. 373.717 373.1962, or a nonprofit

1734

corporation formed for the purpose of acting on behalf of a

1735

political subdivision with respect to a water or wastewater

1736

facility.

1737

Section 12. Subsections (4), (5), and (6) of section

1738

373.016, Florida Statutes, are amended to read:

1739

373.016 Declaration of policy.--

1740

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

1741

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

1742

that the waters in the state be managed on a state and regional

1743

basis. Consistent with this directive, the Legislature recognizes

1744

the need to allocate water throughout the state so as to meet all

1745

reasonable-beneficial uses. However, the Legislature acknowledges

1746

that such allocations have in the past adversely affected the

1747

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

1748

water resources and to meet the current and future needs of those

1749

areas with abundant water, the Legislature directs the department

1750

and the water management districts to encourage the use of water

1751

from sources nearest the area of use or application whenever

1752

practicable. Such sources shall include all naturally occurring

1753

water sources and all alternative water sources, including, but

1754

not limited to, desalination, conservation, reuse of nonpotable

1755

reclaimed water and stormwater, and aquifer storage and recovery.

1756

Reuse of potable reclaimed water and stormwater shall not be

1757

subject to the evaluation described in s. 373.223(3)(a)-(g).

1758

However, this directive to encourage the use of water, whenever

1759

practicable, from sources nearest the area of use or application

1760

shall not apply to the transport and direct and indirect use of

1761

water within the area encompassed by the Central and Southern

1762

Florida Flood Control Project, nor shall it apply anywhere in the

1763

state to the transport and use of water supplied exclusively for

1764

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

1765

to the transport and use of reclaimed water for electrical power

1766

production by an electric utility as defined in section

1767

366.02(2).

1768

(b) In establishing the policy outlined in paragraph (a),

1769

the Legislature realizes that under certain circumstances the

1770

need to transport water from distant sources may be necessary for

1771

environmental, technical, or economic reasons.

1772

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

1773

problems of the state vary from region to region, both in

1774

magnitude and complexity. It is therefore the intent of the

1775

Legislature to vest in the Department of Environmental Protection

1776

or its successor agency the power and responsibility to

1777

accomplish the conservation, protection, management, and control

1778

of the waters of the state and with sufficient flexibility and

1779

discretion to accomplish these ends through delegation of

1780

appropriate powers to the various water management districts. The

1781

department may exercise any power herein authorized to be

1782

exercised by a water management district; however, to the

1783

greatest extent practicable, such power should be delegated to

1784

the governing board of a water management district.

1785

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

1786

that each water management district, to the extent consistent

1787

with effective management practices, shall approximate its fiscal

1788

and budget policies and procedures to those of the state.

1789

Section 13. Section 373.019, Florida Statutes, is amended

1790

to read:

1791

373.019 Definitions.--When appearing in this chapter or in

1792

any rule, regulation, or order adopted pursuant thereto, the

1793

term:

1794

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

1795

surface and groundwater; surface water captured predominately

1796

during wet-weather flows; sources made available through the

1797

addition of new storage capacity for surface or groundwater,

1798

water that has been reclaimed after one or more public supply,

1799

municipal, industrial, commercial, or agricultural uses; the

1800

downstream augmentation of water bodies with reclaimed water;

1801

stormwater; and any other water supply source that is designated

1802

as nontraditional for a water supply planning region in the

1803

applicable regional water supply plan.

1804

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

1805

and project construction costs.

1806

(1)(3) "Coastal waters" means waters of the Atlantic Ocean

1807

or the Gulf of Mexico within the jurisdiction of the state.

1808

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

1809

Protection or its successor agency or agencies.

1810

(3)(5) "District water management plan" means the regional

1811

water resource plan developed by a governing board under s.

1812

373.036.

1813

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

1814

individual personal household purposes of drinking, bathing,

1815

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

1816

domestic.

1817

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

1818

resource plan developed by the department under s. 373.036.

1819

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

1820

water management district.

1821

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

1822

ground, whether or not flowing through known and definite

1823

channels.

1824

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

1825

other containment of surface water occupying a bed or depression

1826

in the earth's surface and having a discernible shoreline.

1827

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

1828

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

1829

of independent, recognized experts in the fields of hydrology,

1830

hydrogeology, limnology, and other scientific disciplines

1831

relevant to the matters being reviewed under s. 373.042.

1832

(12) "Multijurisdictional water supply entity" means two or

1833

more water utilities or local governments that have organized

1834

into a larger entity, or entered into an interlocal agreement or

1835

contract, for the purpose of more efficiently pursuing water

1836

supply development or alternative water supply development

1837

projects listed pursuant to a regional water supply plan.

1838

(10)(13) "Nonregulated use" means any use of water which is

1839

exempted from regulation by the provisions of this chapter.

1840

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

1841

other artificial watercourse in which water usually flows in a

1842

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

1843

uniform or uninterrupted.

1844

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

1845

artificial, including any individual, firm, association,

1846

organization, partnership, business trust, corporation, company,

1847

the United States of America, and the state and all political

1848

subdivisions, regions, districts, municipalities, and public

1849

agencies thereof. The enumeration herein is not intended to be

1850

exclusive or exhaustive.

1851

(13)(16) "Reasonable-beneficial use" means the use of water

1852

in such quantity as is necessary for economic and efficient

1853

utilization for a purpose and in a manner which is both

1854

reasonable and consistent with the public interest.

1855

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

1856

supply plan developed by a governing board under s. 373.0361.

1857

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

1858

natural watercourse in which water usually flows in a defined bed

1859

or channel. It is not essential that the flowing be uniform or

1860

uninterrupted. The fact that some part of the bed or channel has

1861

been dredged or improved does not prevent the watercourse from

1862

being a stream.

1863

(15)(19) "Surface water" means water upon the surface of

1864

the earth, whether contained in bounds created naturally or

1865

artificially or diffused. Water from natural springs shall be

1866

classified as surface water when it exits from the spring onto

1867

the earth's surface.

1868

(16)(20) "Water" or "waters in the state" means any and all

1869

water on or beneath the surface of the ground or in the

1870

atmosphere, including natural or artificial watercourses, lakes,

1871

ponds, or diffused surface water and water percolating, standing,

1872

or flowing beneath the surface of the ground, as well as all

1873

coastal waters within the jurisdiction of the state.

1874

(17)(21) "Water management district" means any flood

1875

control, resource management, or water management district

1876

operating under the authority of this chapter.

1877

(22) "Water resource development" means the formulation and

1878

implementation of regional water resource management strategies,

1879

including the collection and evaluation of surface water and

1880

groundwater data; structural and nonstructural programs to

1881

protect and manage water resources; the development of regional

1882

water resource implementation programs; the construction,

1883

operation, and maintenance of major public works facilities to

1884

provide for flood control, surface and underground water storage,

1885

and groundwater recharge augmentation; and related technical

1886

assistance to local governments and to government-owned and

1887

privately owned water utilities.

1888

(18)(23) "Water resource implementation rule" means the

1889

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

1890

objectives, and guidance for the development and review of

1891

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

1892

statutory policies and directives. The waters of the state are

1893

among its most basic resources. Such waters should be managed to

1894

conserve and protect water resources and to realize the full

1895

beneficial use of these resources.

1896

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

1897

construction, operation, and maintenance of public or private

1898

facilities for water collection, production, treatment,

1899

transmission, or distribution for sale, resale, or end use.

1900

(19)(25) For the sole purpose of serving as the basis for

1901

the unified statewide methodology adopted pursuant to s.

1902

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

1903

inundated or saturated by surface water or groundwater at a

1904

frequency and a duration sufficient to support, and under normal

1905

circumstances do support, a prevalence of vegetation typically

1906

adapted for life in saturated soils. Soils present in wetlands

1907

generally are classified as hydric or alluvial, or possess

1908

characteristics that are associated with reducing soil

1909

conditions. The prevalent vegetation in wetlands generally

1910

consists of facultative or obligate hydrophytic macrophytes that

1911

are typically adapted to areas having soil conditions described

1912

above. These species, due to morphological, physiological, or

1913

reproductive adaptations, have the ability to grow, reproduce, or

1914

persist in aquatic environments or anaerobic soil conditions.

1915

Florida wetlands generally include swamps, marshes, bayheads,

1916

bogs, cypress domes and strands, sloughs, wet prairies, riverine

1917

swamps and marshes, hydric seepage slopes, tidal marshes,

1918

mangrove swamps and other similar areas. Florida wetlands

1919

generally do not include longleaf or slash pine flatwoods with an

1920

understory dominated by saw palmetto. Upon legislative

1921

ratification of the methodology adopted pursuant to s.

1922

373.421(1), as amended, the limitation contained herein regarding

1923

the purpose of this definition shall cease to be effective.

1924

(20)(26) "Works of the district" means those projects and

1925

works, including, but not limited to, structures, impoundments,

1926

wells, streams, and other watercourses, together with the

1927

appurtenant facilities and accompanying lands, which have been

1928

officially adopted by the governing board of the district as

1929

works of the district.

1930

Section 14. Paragraph (b) of subsection (8) of section

1931

373.026, Florida Statutes, is amended to read:

1932

373.026 General powers and duties of the department.--The

1933

department, or its successor agency, shall be responsible for the

1934

administration of this chapter at the state level. However, it is

1935

the policy of the state that, to the greatest extent possible,

1936

the department may enter into interagency or interlocal

1937

agreements with any other state agency, any water management

1938

district, or any local government conducting programs related to

1939

or materially affecting the water resources of the state. All

1940

such agreements shall be subject to the provisions of s. 373.046.

1941

In addition to its other powers and duties, the department shall,

1942

to the greatest extent possible:

1943

(8)

1944

(b) To ensure to the greatest extent possible that project

1945

components will go forward as planned, the department shall

1946

collaborate with the South Florida Water Management District in

1947

implementing the comprehensive plan as defined in s.

1948

373.470(2)(a), the Lake Okeechobee Watershed Protection Plan as

1949

defined in s. 373.4595(2), and the River Watershed Protection

1950

Plans as defined in s. 373.4595(2). Before any project component

1951

is submitted to Congress for authorization or receives an

1952

appropriation of state funds, the department must approve, or

1953

approve with amendments, each project component within 60 days

1954

following formal submittal of the project component to the

1955

department. Prior to the release of state funds for the

1956

implementation of the comprehensive plan, department approval

1957

shall be based upon a determination of the South Florida Water

1958

Management District's compliance with s. 373.1501(5). Once a

1959

project component is approved, the South Florida Water Management

1960

District shall provide to the Joint Legislative Committee on

1961

Everglades Oversight a schedule for implementing the project

1962

component, the estimated total cost of the project component, any

1963

existing federal or nonfederal credits, the estimated remaining

1964

federal and nonfederal share of costs, and an estimate of the

1965

amount of state funds that will be needed to implement the

1966

project component. All requests for an appropriation of state

1967

funds needed to implement the project component shall be

1968

submitted to the department, and such requests shall be included

1969

in the department's annual request to the Governor. Prior to the

1970

release of state funds for the implementation of the Lake

1971

Okeechobee Watershed Protection Plan or the River Watershed

1972

Protection Plans, on an annual basis, the South Florida Water

1973

Management District shall prepare an annual work plan as part of

1974

the consolidated annual report required in s. 373.036(5)(7). Upon

1975

a determination by the secretary of the annual work plan's

1976

consistency with the goals and objectives of s. 373.4595, the

1977

secretary may approve the release of state funds. Any

1978

modifications to the annual work plan shall be submitted to the

1979

secretary for review and approval.

1980

Section 15. Section 373.036, Florida Statutes, is amended

1981

to read:

1982

373.036 Florida water plan; district water management

1983

plans.--

1984

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

1985

management districts, regional water supply authorities, and

1986

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

1987

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

1988

(a) The programs and activities of the department related

1989

to water supply, water quality, flood protection and floodplain

1990

management, and natural systems.

1991

(b) The Florida water supply plan.

1992

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

1993

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

1994

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

1995

and review of programs, rules, and plans relating to water

1996

resources, based on statutory policies and directives. The state

1997

water policy rule, renamed the water resource implementation rule

1998

pursuant to s. 373.019(18)(23), shall serve as this part of the

1999

plan. Amendments or additions to this part of the Florida water

2000

plan shall be adopted by the department as part of the water

2001

resource implementation rule. In accordance with s. 373.114, the

2002

department shall review rules of the water management districts

2003

for consistency with this rule. Amendments to the water resource

2004

implementation rule must be adopted by the secretary of the

2005

department and be submitted to the President of the Senate and

2006

the Speaker of the House of Representatives within 7 days after

2007

publication in the Florida Administrative Weekly. Amendments

2008

shall not become effective until the conclusion of the next

2009

regular session of the Legislature following their adoption.

2010

(2) DISTRICT WATER MANAGEMENT PLANS.--

2011

(a) Each governing board shall develop a district water

2012

management plan for water resources within its region, which plan

2013

addresses water supply, water quality, flood protection and

2014

floodplain management, and natural systems. The district water

2015

management plan shall be based on at least a 20-year planning

2016

period, shall be developed and revised in cooperation with other

2017

agencies, regional water supply authorities, units of government,

2018

and interested parties, and shall be updated at least once every

2019

5 years. The governing board shall hold a public hearing at least

2020

30 days in advance of completing the development or revision of

2021

the district water management plan.

2022

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

2023

not be limited to:

2024

1. The district water supply plan.

2025

2.1. The scientific methodologies for establishing minimum

2026

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

2027

flows and levels.

2028

2. Identification of one or more water supply planning

2029

regions that singly or together encompass the entire district.

2030

3. Technical data and information prepared under s.

2031

373.0391.

2032

4. A districtwide water supply assessment, to be completed

2033

no later than July 1, 1998, which determines for each water

2034

supply planning region:

2035

a. Existing legal uses, reasonably anticipated future

2036

needs, and existing and reasonably anticipated sources of water

2037

and conservation efforts; and

2038

b. Whether existing and reasonably anticipated sources of

2039

water and conservation efforts are adequate to supply water for

2040

all existing legal uses and reasonably anticipated future needs

2041

and to sustain the water resources and related natural systems.

2042

5. Any completed regional water supply plans.

2043

2044

shall adopt by rule or order relevant portions of the district

2045

water management plan, to the extent of its statutory authority.

2046

(d) In the formulation of the district water management

2047

plan, the governing board shall give due consideration to:

2048

1. The attainment of maximum reasonable-beneficial use of

2049

water resources.

2050

2. The maximum economic development of the water resources

2051

consistent with other uses.

2052

1.3. The management of water resources for such purposes as

2053

environmental protection, drainage, flood control, and water

2054

storage.

2055

4. The quantity of water available for application to a

2056

reasonable-beneficial use.

2057

5. The prevention of wasteful, uneconomical, impractical,

2058

or unreasonable uses of water resources.

2059

6. Presently exercised domestic use and permit rights.

2060

2.7. The preservation and enhancement of the water quality

2061

of the state.

2062

3.8. The state water resources policy as expressed by this

2063

chapter.

2064

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

2065

annual strategic plan for the requirement to develop a district

2066

water management plan and the district water management plan

2067

annual report required by subparagraph (5)(7)(b)1., provided that

2068

nothing herein affects any other provision or requirement of law

2069

concerning the completion of the regional water supply plan and

2070

the strategic plan meets the following minimum requirements:

2071

1. The strategic plan establishes the water management

2072

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

2073

period.

2074

2. The strategic plan identifies the goals, strategies,

2075

success indicators, funding sources, deliverables, and milestones

2076

to accomplish the strategic priorities.

2077

3. The strategic plan development process includes at least

2078

one publicly noticed meeting to allow public participation in its

2079

development.

2080

4. The strategic plan includes separately, as an addendum,

2081

an annual work plan report on the implementation of the strategic

2082

plan for the previous fiscal year, addressing success indicators,

2083

deliverables, and milestones.

2084

(3) OBJECTIVES.--The department and governing board shall

2085

give careful consideration to the requirements of public

2086

recreation and to the protection and procreation of fish and

2087

wildlife. The department or governing board may prohibit or

2088

restrict other future uses on certain designated bodies of water

2089

which may be inconsistent with these objectives.

2090

(4) The governing board may designate certain uses in

2091

connection with a particular source of supply which, because of

2092

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

2093

constitute an undesirable use for which the governing board may

2094

deny a permit.

2095

(5) The governing board may designate certain uses in

2096

connection with a particular source of supply which, because of

2097

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

2098

result in an enhancement or improvement of the water resources of

2099

the area. Such uses shall be preferred over other uses in the

2100

event of competing applications under the permitting systems

2101

authorized by this chapter.

2102

(4)(6) ADDITIONS TO FLORIDA WATER PLAN.--The department, in

2103

cooperation with the Executive Office of the Governor, or its

2104

successor agency, may add to the Florida water plan any other

2105

information, directions, or objectives it deems necessary or

2106

desirable for the guidance of the governing boards or other

2107

agencies in the administration and enforcement of this chapter.

2108

(5)(7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL

2109

REPORT.--

2110

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

2111

management district shall prepare and submit to the department,

2112

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

2113

House of Representatives a consolidated water management district

2114

annual report on the management of water resources. In addition,

2115

copies must be provided by the water management districts to the

2116

chairs of all legislative committees having substantive or fiscal

2117

jurisdiction over the districts and the governing board of each

2118

county in the district having jurisdiction or deriving any funds

2119

for operations of the district. Copies of the consolidated annual

2120

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

2121

electronic format.

2122

(b) The consolidated annual report shall contain the

2123

following elements, as appropriate to that water management

2124

district:

2125

1. A district water management plan annual report or the

2126

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

2127

2. The department-approved minimum flows and levels annual

2128

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

2129

3. The annual 5-year capital improvements plan required by

2130

s. 373.536(6)(a)3.

2131

4. The alternative water supplies annual report required by

2132

s. 373.711(8)(n) 373.1961(3)(n).

2133

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

2134

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

2135

6. The Florida Forever Water Management District Work Plan

2136

annual report required by s. 373.199(7).

2137

7. The mitigation donation annual report required by s.

2138

373.414(1)(b)2.

2139

2140

addressed in a separate chapter or section within the

2141

consolidated annual report, although information common to more

2142

than one of these elements may be consolidated as deemed

2143

appropriate by the individual water management district.

2144

(d) Each water management district may include in the

2145

consolidated annual report such additional information on the

2146

status or management of water resources within the district as it

2147

deems appropriate.

2148

(e) In addition to the elements specified in paragraph (b),

2149

the South Florida Water Management District shall include in the

2150

consolidated annual report the following elements:

2151

1. The Lake Okeechobee Protection Program annual progress

2152

report required by s. 373.4595(6)(3)(g).

2153

2. The Everglades annual progress reports specified in s.

2154

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

2155

3. The Everglades restoration annual report required by s.

2156

373.470(7).

2157

4. The Everglades Forever Act annual implementation report

2158

required by s. 11.80(4).

2159

5. The Everglades Trust Fund annual expenditure report

2160

required by s. 373.45926(3).

2161

Section 16. Subsection (2) of section 373.042, Florida

2162

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

2163

section, to read:

2164

373.042 Minimum flows and levels.--

2165

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

2166

water management district shall submit to the department for

2167

review and approval a priority list and schedule for the

2168

establishment of minimum flows and levels for surface

2169

watercourses, aquifers, and surface waters within the district.

2170

The priority list shall also identify those water bodies for

2171

which the district will voluntarily undertake independent

2172

scientific peer review. By March 1, 2006, and annually

2173

thereafter, each water management district shall include its

2174

approved priority list and schedule in the consolidated annual

2175

report required by s. 373.036(5)(7). The priority list shall be

2176

based upon the importance of the waters to the state or region

2177

and the existence of or potential for significant harm to the

2178

water resources or ecology of the state or region, and shall

2179

include those waters which are experiencing or may reasonably be

2180

expected to experience adverse impacts. Each water management

2181

district's priority list and schedule shall include all first

2182

magnitude springs, and all second magnitude springs within state

2183

or federally owned lands purchased for conservation purposes. The

2184

specific schedule for establishment of spring minimum flows and

2185

levels shall be commensurate with the existing or potential

2186

threat to spring flow from consumptive uses. Springs within the

2187

Suwannee River Water Management District, or second magnitude

2188

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

2189

priority list if the water management district submits a report

2190

to the Department of Environmental Protection demonstrating that

2191

adverse impacts are not now occurring nor are reasonably expected

2192

to occur from consumptive uses during the next 20 years. The

2193

priority list and schedule shall not be subject to any proceeding

2194

pursuant to chapter 120. Except as provided in subsection (3),

2195

the development of a priority list and compliance with the

2196

schedule for the establishment of minimum flows and levels

2197

pursuant to this subsection shall satisfy the requirements of

2198

subsection (1).

2199

Section 17. Subsection (2) of section 373.0421, Florida

2200

Statutes, is amended to read:

2201

373.0421 Establishment and implementation of minimum flows

2202

and levels.--

2203

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

2204

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

2205

minimum flow or level established pursuant to s. 373.042, the

2206

department or governing board, as part of the regional water

2207

supply plan described in s. 373.713 373.0361, shall expeditiously

2208

implement a recovery or prevention strategy, which includes the

2209

development of additional water supplies and other actions,

2210

consistent with the authority granted by this chapter, to:

2211

(a) Achieve recovery to the established minimum flow or

2212

level as soon as practicable; or

2213

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

2214

the established minimum flow or level.

2215

2216

The recovery or prevention strategy shall include phasing or a

2217

timetable which will allow for the provision of sufficient water

2218

supplies for all existing and projected reasonable-beneficial

2219

uses, including development of additional water supplies and

2220

implementation of conservation and other efficiency measures

2221

concurrent with, to the extent practical, and to offset,

2222

reductions in permitted withdrawals, consistent with the

2223

provisions of this chapter.

2224

Section 18. Subsection (4) of section 373.0695, Florida

2225

Statutes, is amended to read:

2226

373.0695 Duties of basin boards; authorized expenditures.--

2227

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

2228

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

2229

and restrictions imposed on the water management districts in s.

2230

373.705 373.1961.

2231

Section 19. Subsection (7) of section 373.199, Florida

2232

Statutes, is amended to read:

2233

373.199 Florida Forever Water Management District Work

2234

Plan.--

2235

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

2236

President of the Senate, the Speaker of the House of

2237

Representatives, and the Secretary of Environmental Protection

2238

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

2239

March 1 of each year thereafter, as part of the consolidated

2240

annual report required by s. 373.036(5)(7), each district shall

2241

report on acquisitions completed during the year together with

2242

modifications or additions to its 5-year work plan. Included in

2243

the report shall be:

2244

(a) A description of land management activity for each

2245

property or project area owned by the water management district.

2246

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

2247

compensation received.

2248

2249

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

2250

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

2251

2252

The secretary shall submit the report referenced in this

2253

subsection to the Board of Trustees of the Internal Improvement

2254

Trust Fund together with the Acquisition and Restoration

2255

Council's project list as required under s. 259.105.

2256

Section 20. Subsections (3) and (5) of section 373.223,

2257

Florida Statutes, are amended to read:

2258

373.223 Conditions for a permit.--

2259

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

2260

the Central and Southern Florida Flood Control Project, and

2261

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

2262

supplied exclusively for bottled water as defined in s.

2263

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

2264

April 1, 1998, with the Northwest Florida Water Management

2265

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

2266

source and area of use or application are located on contiguous

2267

private properties, when evaluating whether a potential transport

2268

and use of ground or surface water across county boundaries is

2269

consistent with the public interest, pursuant to paragraph

2270

(1)(c), the governing board or department shall consider:

2271

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

2272

of use or application.

2273

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

2274

watercourses that are geographically closer to the area of use or

2275

application than the proposed source, and that are technically

2276

and economically feasible for the proposed transport and use.

2277

2278

to the proposed source, including, but not limited to,

2279

desalination, conservation, reuse of nonpotable reclaimed water

2280

and stormwater, and aquifer storage and recovery.

2281

(d) The potential environmental impacts that may result

2282

from the transport and use of water from the proposed source, and

2283

the potential environmental impacts that may result from use of

2284

the other water sources identified in paragraphs (b) and (c).

2285

(e) Whether existing and reasonably anticipated sources of

2286

water and conservation efforts are adequate to supply water for

2287

existing legal uses and reasonably anticipated future needs of

2288

the water supply planning region in which the proposed water

2289

source is located.

2290

(f) Consultations with local governments affected by the

2291

proposed transport and use.

2292

(g) The value of the existing capital investment in water-

2293

related infrastructure made by the applicant.

2294

2295

Where districtwide water supply assessments and regional water

2296

supply plans have been prepared pursuant to ss. 373.707 and

2297

373.713 373.036 and 373.0361, the governing board or the

2298

department shall use the applicable plans and assessments as the

2299

basis for its consideration of the applicable factors in this

2300

subsection.

2301

(5) In evaluating an application for consumptive use of

2302

water which proposes the use of an alternative water supply

2303

project as described in the regional water supply plan and

2304

provides reasonable assurances of the applicant's capability to

2305

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

2306

governing board or department shall presume that the alternative

2307

water supply use is consistent with the public interest under

2308

paragraph (1)(c). However, where the governing board identifies

2309

the need for a multijurisdictional water supply entity or

2310

regional water supply authority to develop the alternative water

2311

supply project pursuant to s. 373.713(2)(a)2. 373.0361(2)(a)2.,

2312

the presumption shall be accorded only to that use proposed by

2313

such entity or authority. This subsection does not effect

2314

evaluation of the use pursuant to the provisions of paragraphs

2315

(1)(a) and (b), subsections (2) and (3), and ss. 373.2295 and

2316

373.233.

2317

Section 21. Section 373.2234, Florida Statutes, is amended

2318

to read:

2319

373.2234 Preferred water supply sources.--The governing

2320

board of a water management district is authorized to adopt rules

2321

that identify preferred water supply sources for consumptive uses

2322

for which there is sufficient data to establish that a preferred

2323

source will provide a substantial new water supply to meet the

2324

existing and projected reasonable-beneficial uses of a water

2325

supply planning region identified pursuant to s. 373.713(1)

2326

373.0361(1), while sustaining existing water resources and

2327

natural systems. At a minimum, such rules must contain a

2328

description of the preferred water supply source and an

2329

assessment of the water the preferred source is projected to

2330

produce. If an applicant proposes to use a preferred water supply

2331

source, that applicant's proposed water use is subject to s.

2332

373.223(1), except that the proposed use of a preferred water

2333

supply source must be considered by a water management district

2334

when determining whether a permit applicant's proposed use of

2335

water is consistent with the public interest pursuant to s.

2336

373.223(1)(c). A consumptive use permit issued for the use of a

2337

preferred water supply source must be granted, when requested by

2338

the applicant, for at least a 20-year period and may be subject

2339

to the compliance reporting provisions of s. 373.236(4). Nothing

2340

in this section shall be construed to exempt the use of preferred

2341

water supply sources from the provisions of ss. 373.701(3)

2342

373.016(4) and 373.223(2) and (3), or be construed to provide

2343

that permits issued for the use of a nonpreferred water supply

2344

source must be issued for a duration of less than 20 years or

2345

that the use of a nonpreferred water supply source is not

2346

consistent with the public interest. Additionally, nothing in

2347

this section shall be interpreted to require the use of a

2348

preferred water supply source or to restrict or prohibit the use

2349

of a nonpreferred water supply source. Rules adopted by the

2350

governing board of a water management district to implement this

2351

section shall specify that the use of a preferred water supply

2352

source is not required and that the use of a nonpreferred water

2353

supply source is not restricted or prohibited.

2354

Section 22. Subsection (3) of section 373.229, Florida

2355

Statutes, is amended to read:

2356

373.229 Application for permit.--

2357

(3) In addition to the information required in subsection

2358

(1), all permit applications filed with the governing board or

2359

the department which propose the transport and use of water

2360

across county boundaries shall include information pertaining to

2361

factors to be considered, pursuant to s. 373.223(3), unless

2362

exempt under s. 373.717 373.1962(9).

2363

Section 23. Paragraph (b) of subsection (1) of section

2364

373.414, Florida Statutes, is amended to read:

2365

373.414 Additional criteria for activities in surface

2366

waters and wetlands.--

2367

(1) As part of an applicant's demonstration that an

2368

activity regulated under this part will not be harmful to the

2369

water resources or will not be inconsistent with the overall

2370

objectives of the district, the governing board or the department

2371

shall require the applicant to provide reasonable assurance that

2372

state water quality standards applicable to waters as defined in

2373

s. 403.031(13) will not be violated and reasonable assurance that

2374

such activity in, on, or over surface waters or wetlands, as

2375

delineated in s. 373.421(1), is not contrary to the public

2376

interest. However, if such an activity significantly degrades or

2377

is within an Outstanding Florida Water, as provided by department

2378

rule, the applicant must provide reasonable assurance that the

2379

proposed activity will be clearly in the public interest.

2380

(b) If the applicant is unable to otherwise meet the

2381

criteria set forth in this subsection, the governing board or the

2382

department, in deciding to grant or deny a permit, shall consider

2383

measures proposed by or acceptable to the applicant to mitigate

2384

adverse effects that may be caused by the regulated activity.

2385

Such measures may include, but are not limited to, onsite

2386

mitigation, offsite mitigation, offsite regional mitigation, and

2387

the purchase of mitigation credits from mitigation banks

2388

permitted under s. 373.4136. It shall be the responsibility of

2389

the applicant to choose the form of mitigation. The mitigation

2390

must offset the adverse effects caused by the regulated activity.

2391

1. The department or water management districts may accept

2392

the donation of money as mitigation only where the donation is

2393

specified for use in a duly noticed environmental creation,

2394

preservation, enhancement, or restoration project, endorsed by

2395

the department or the governing board of the water management

2396

district, which offsets the impacts of the activity permitted

2397

under this part. However, the provisions of this subsection shall

2398

not apply to projects undertaken pursuant to s. 373.4137 or

2399

chapter 378. Where a permit is required under this part to

2400

implement any project endorsed by the department or a water

2401

management district, all necessary permits must have been issued

2402

prior to the acceptance of any cash donation. After the effective

2403

date of this act, when money is donated to either the department

2404

or a water management district to offset impacts authorized by a

2405

permit under this part, the department or the water management

2406

district shall accept only a donation that represents the full

2407

cost to the department or water management district of

2408

undertaking the project that is intended to mitigate the adverse

2409

impacts. The full cost shall include all direct and indirect

2410

costs, as applicable, such as those for land acquisition, land

2411

restoration or enhancement, perpetual land management, and

2412

general overhead consisting of costs such as staff time,

2413

building, and vehicles. The department or the water management

2414

district may use a multiplier or percentage to add to other

2415

direct or indirect costs to estimate general overhead. Mitigation

2416

credit for such a donation shall be given only to the extent that

2417

the donation covers the full cost to the agency of undertaking

2418

the project that is intended to mitigate the adverse impacts.

2419

However, nothing herein shall be construed to prevent the

2420

department or a water management district from accepting a

2421

donation representing a portion of a larger project, provided

2422

that the donation covers the full cost of that portion and

2423

mitigation credit is given only for that portion. The department

2424

or water management district may deviate from the full cost

2425

requirements of this subparagraph to resolve a proceeding brought

2426

pursuant to chapter 70 or a claim for inverse condemnation.

2427

Nothing in this section shall be construed to require the owner

2428

of a private mitigation bank, permitted under s. 373.4136, to

2429

include the full cost of a mitigation credit in the price of the

2430

credit to a purchaser of said credit.

2431

2. The department and each water management district shall

2432

report by March 1 of each year, as part of the consolidated

2433

annual report required by s. 373.036(5)(7), all cash donations

2434

accepted under subparagraph 1. during the preceding water

2435

management district fiscal year for wetland mitigation purposes.

2436

The report shall exclude those contributions pursuant to s.

2437

373.4137. The report shall include a description of the endorsed

2438

mitigation projects and, except for projects governed by s.

2439

373.4135(6), shall address, as applicable, success criteria,

2440

project implementation status and timeframe, monitoring, long-

2441

term management, provisions for preservation, and full cost

2442

accounting.

2443

3. If the applicant is unable to meet water quality

2444

standards because existing ambient water quality does not meet

2445

standards, the governing board or the department shall consider

2446

mitigation measures proposed by or acceptable to the applicant

2447

that cause net improvement of the water quality in the receiving

2448

body of water for those parameters which do not meet standards.

2449

4. If mitigation requirements imposed by a local government

2450

for surface water and wetland impacts of an activity regulated

2451

under this part cannot be reconciled with mitigation requirements

2452

approved under a permit for the same activity issued under this

2453

part, including application of the uniform wetland mitigation

2454

assessment method adopted pursuant to subsection (18), the

2455

mitigation requirements for surface water and wetland impacts

2456

shall be controlled by the permit issued under this part.

2457

Section 24. Subsection (1) of section 373.421, Florida

2458

Statutes, is amended to read:

2459

373.421 Delineation methods; formal determinations.--

2460

(1) The Environmental Regulation Commission shall adopt a

2461

unified statewide methodology for the delineation of the extent

2462

of wetlands as defined in s. 373.019(19)(25). This methodology

2463

shall consider regional differences in the types of soils and

2464

vegetation that may serve as indicators of the extent of

2465

wetlands. This methodology shall also include provisions for

2466

determining the extent of surface waters other than wetlands for

2467

the purposes of regulation under s. 373.414. This methodology

2468

shall not become effective until ratified by the Legislature.

2469

Subsequent to legislative ratification, the wetland definition in

2470

s. 373.019(19)(25) and the adopted wetland methodology shall be

2471

binding on the department, the water management districts, local

2472

governments, and any other governmental entities. Upon

2473

ratification of such wetland methodology, the Legislature

2474

preempts the authority of any water management district, state or

2475

regional agency, or local government to define wetlands or

2476

develop a delineation methodology to implement the definition and

2477

determines that the exclusive definition and delineation

2478

methodology for wetlands shall be that established pursuant to s.

2479

373.019(19)(25) and this section. Upon such legislative

2480

ratification, any existing wetlands definition or wetland

2481

delineation methodology shall be superseded by the wetland

2482

definition and delineation methodology established pursuant to

2483

this chapter. Subsequent to legislative ratification, a

2484

delineation of the extent of a surface water or wetland by the

2485

department or a water management district, pursuant to a formal

2486

determination under subsection (2), or pursuant to a permit

2487

issued under this part in which the delineation was field-

2488

verified by the permitting agency and specifically approved in

2489

the permit, shall be binding on all other governmental entities

2490

for the duration of the formal determination or permit. All

2491

existing rules and methodologies of the department, the water

2492

management districts, and local governments, regarding surface

2493

water or wetland definition and delineation shall remain in full

2494

force and effect until the common methodology rule becomes

2495

effective. However, this shall not be construed to limit any

2496

power of the department, the water management districts, and

2497

local governments to amend or adopt a surface water or wetland

2498

definition or delineation methodology until the common

2499

methodology rule becomes effective.

2500

Section 25. Paragraph (d) of subsection (4) and subsections

2501

(13) and (14) of section 373.4592, Florida Statutes, are amended

2502

to read:

2503

373.4592 Everglades improvement and management.--

2504

(4) EVERGLADES PROGRAM.--

2505

(d) Everglades research and monitoring program.--

2506

1. The department and the district shall review and

2507

evaluate available water quality data for the Everglades

2508

Protection Area and tributary waters and identify any additional

2509

information necessary to adequately describe water quality in the

2510

Everglades Protection Area and tributary waters. The department

2511

and the district shall also initiate a research and monitoring

2512

program to generate such additional information identified and to

2513

evaluate the effectiveness of the BMPs and STAs, as they are

2514

implemented, in improving water quality and maintaining

2515

designated and existing beneficial uses of the Everglades

2516

Protection Area and tributary waters. As part of the program, the

2517

district shall monitor all discharges into the Everglades

2518

Protection Area for purposes of determining compliance with state

2519

water quality standards.

2520

2. The research and monitoring program shall evaluate the

2521

ecological and hydrological needs of the Everglades Protection

2522

Area, including the minimum flows and levels. Consistent with

2523

such needs, the program shall also evaluate water quality

2524

standards for the Everglades Protection Area and for the canals

2525

of the EAA, so that these canals can be classified in the manner

2526

set forth in paragraph (e) and protected as an integral part of

2527

the water management system which includes the STAs of the

2528

Everglades Construction Project and allows landowners in the EAA

2529

to achieve applicable water quality standards compliance by BMPs

2530

and STA treatment to the extent this treatment is available and

2531

effective.

2532

3. The research and monitoring program shall include

2533

research seeking to optimize the design and operation of the

2534

STAs, including research to reduce outflow concentrations, and to

2535

identify other treatment and management methods and regulatory

2536

programs that are superior to STAs in achieving the intent and

2537

purposes of this section.

2538

4. The research and monitoring program shall be conducted

2539

to allow the department to propose a phosphorus criterion in the

2540

Everglades Protection Area, and to evaluate existing state water

2541

quality standards applicable to the Everglades Protection Area

2542

and existing state water quality standards and classifications

2543

applicable to the EAA canals. In developing the phosphorus

2544

criterion, the department shall also consider the minimum flows

2545

and levels for the Everglades Protection Area and the district's

2546

water supply plans for the Lower East Coast.

2547

5. Beginning March 1, 2006, as part of the consolidated

2548

annual report required by s. 373.036(5)(7), the district and the

2549

department shall annually issue a peer-reviewed report regarding

2550

the research and monitoring program that summarizes all data and

2551

findings. The report shall identify water quality parameters, in

2552

addition to phosphorus, which exceed state water quality

2553

standards or are causing or contributing to adverse impacts in

2554

the Everglades Protection Area.

2555

6. The district shall continue research seeking to optimize

2556

the design and operation of STAs and to identify other treatment

2557

and management methods that are superior to STAs in achieving

2558

optimum water quality and water quantity for the benefit of the

2559

Everglades. The district shall optimize the design and operation

2560

of the STAs described in the Everglades Construction Project

2561

prior to expanding their size. Additional methods to achieve

2562

compliance with water quality standards shall not be limited to

2563

more intensive management of the STAs.

2564

(13) ANNUAL REPORTS.--Beginning March 1, 2006, as part of

2565

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

2566

district shall report on implementation of the section. The

2567

annual report will include a summary of the water conditions in

2568

the Everglades Protection Area, the status of the impacted areas,

2569

the status of the construction of the STAs, the implementation of

2570

the BMPs, and actions taken to monitor and control exotic

2571

species. The district must prepare the report in coordination

2572

with federal and state agencies.

2573

(14) EVERGLADES FUND.--The South Florida Water Management

2574

District is directed to separately account for all moneys used

2575

for the purpose of funding the Everglades Construction Project as

2576

part of the consolidated annual report required by s.

2577

373.036(5)(7).

2578

Section 26. Subsection (3) of section 373.45926, Florida

2579

Statutes, is amended to read:

2580

373.45926 Everglades Trust Fund; allocation of revenues and

2581

expenditure of funds for conservation and protection of natural

2582

resources and abatement of water pollution.--

2583

(3) The South Florida Water Management District shall

2584

furnish, as part of the consolidated annual report required by s.

2585

373.036(5)(7), a detailed copy of its expenditures from the

2586

Everglades Trust Fund to the Governor, the President of the

2587

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

2588

shall make copies available to the public. The information shall

2589

be provided in a format approved by the Joint Legislative

2590

Committee on Everglades Oversight. At the direction of the Joint

2591

Legislative Committee on Everglades Oversight, an audit may be

2592

made from time to time by the Auditor General, and such audit

2593

shall be within the authority of said Auditor General to make.

2594

Section 27. Subsection (6) of section 373.4595, Florida

2595

Statutes, is amended to read:

2596

373.4595 Northern Everglades and Estuaries Protection

2597

Program.--

2598

(6) ANNUAL PROGRESS REPORT.--Each March 1 the district

2599

shall report on implementation of this section as part of the

2600

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

2601

annual report shall include a summary of the conditions of the

2602

hydrology, water quality, and aquatic habitat in the northern

2603

Everglades based on the results of the Research and Water Quality

2604

Monitoring Programs, the status of the Lake Okeechobee Watershed

2605

Construction Project, the status of the Caloosahatchee River

2606

Watershed Construction Project, and the status of the St. Lucie

2607

River Watershed Construction Project. In addition, the report

2608

shall contain an annual accounting of the expenditure of funds

2609

from the Save Our Everglades Trust Fund. At a minimum, the annual

2610

report shall provide detail by program and plan, including

2611

specific information concerning the amount and use of funds from

2612

federal, state, or local government sources. In detailing the use

2613

of these funds, the district shall indicate those designated to

2614

meet requirements for matching funds. The district shall prepare

2615

the report in cooperation with the other coordinating agencies

2616

and affected local governments.

2617

Section 28. Subsection (7) of section 373.470, Florida

2618

Statutes, is amended to read:

2619

373.470 Everglades restoration.--

2620

(7) ANNUAL REPORT.--To provide enhanced oversight of and

2621

accountability for the financial commitments established under

2622

this section and the progress made in the implementation of the

2623

comprehensive plan, the following information must be prepared

2624

annually as part of the consolidated annual report required by s.

2625

373.036(5)(7):

2626

(a) The district, in cooperation with the department, shall

2627

provide the following information as it relates to implementation

2628

of the comprehensive plan:

2629

1. An identification of funds, by source and amount,

2630

received by the state and by each local sponsor during the fiscal

2631

year.

2632

2. An itemization of expenditures, by source and amount,

2633

made by the state and by each local sponsor during the fiscal

2634

year.

2635

3. A description of the purpose for which the funds were

2636

expended.

2637

4. The unencumbered balance of funds remaining in trust

2638

funds or other accounts designated for implementation of the

2639

comprehensive plan.

2640

5. A schedule of anticipated expenditures for the next

2641

fiscal year.

2642

(b) The department shall prepare a detailed report on all

2643

funds expended by the state and credited toward the state's share

2644

of funding for implementation of the comprehensive plan. The

2645

report shall include:

2646

1. A description of all expenditures, by source and amount,

2647

from the Conservation and Recreation Lands Trust Fund, the Land

2648

Acquisition Trust Fund, the Preservation 2000 Trust Fund, the

2649

Florida Forever Trust Fund, the Save Our Everglades Trust Fund,

2650

and other named funds or accounts for the acquisition or

2651

construction of project components or other features or

2652

facilities that benefit the comprehensive plan.

2653

2. A description of the purposes for which the funds were

2654

expended.

2655

3. The unencumbered fiscal-year-end balance that remains in

2656

each trust fund or account identified in subparagraph 1.

2657

2658

provide a detailed report on progress made in the implementation

2659

of the comprehensive plan, including the status of all project

2660

components initiated after the effective date of this act or the

2661

date of the last report prepared under this subsection, whichever

2662

is later.

2663

2664

The information required in paragraphs (a), (b), and (c) shall be

2665

provided as part of the consolidated annual report required by s.

2666

373.036(5)(7). The initial report is due by November 30, 2000,

2667

and each annual report thereafter is due by March 1.

2668

Section 29. Paragraph (a) of subsection (6) of section

2669

373.536, Florida Statutes, is amended to read:

2670

373.536 District budget and hearing thereon.--

2671

(6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;

2672

WATER RESOURCE DEVELOPMENT WORK PROGRAM.--

2673

(a) Each district must, by the date specified for each

2674

item, furnish copies of the following documents to the Governor,

2675

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

2676

Representatives, the chairs of all legislative committees and

2677

subcommittees having substantive or fiscal jurisdiction over the

2678

districts, as determined by the President of the Senate or the

2679

Speaker of the House of Representatives as applicable, the

2680

secretary of the department, and the governing board of each

2681

county in which the district has jurisdiction or derives any

2682

funds for the operations of the district:

2683

1. The adopted budget, to be furnished within 10 days after

2684

its adoption.

2685

2. A financial audit of its accounts and records, to be

2686

furnished within 10 days after its acceptance by the governing

2687

board. The audit must be conducted in accordance with the

2688

provisions of s. 11.45 and the rules adopted thereunder. In

2689

addition to the entities named above, the district must provide a

2690

copy of the audit to the Auditor General within 10 days after its

2691

acceptance by the governing board.

2692

3. A 5-year capital improvements plan, to be included in

2693

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

2694

plan must include expected sources of revenue for planned

2695

improvements and must be prepared in a manner comparable to the

2696

fixed capital outlay format set forth in s. 216.043.

2697

4. A 5-year water resource development work program to be

2698

furnished within 30 days after the adoption of the final budget.

2699

The program must describe the district's implementation strategy

2700

for the water resource development component of each approved

2701

regional water supply plan developed or revised under s. 373.713

2702

373.0361. The work program must address all the elements of the

2703

water resource development component in the district's approved

2704

regional water supply plans and must identify which projects in

2705

the work program will provide water, explain how each water

2706

resource development project will produce additional water

2707

available for consumptive uses, estimate the quantity of water to

2708

be produced by each project, and provide an assessment of the

2709

contribution of the district's regional water supply plans in

2710

providing sufficient water to meet the water supply needs of

2711

existing and future reasonable-beneficial uses for a 1-in-10-year

2712

drought event. Within 30 days after its submittal, the department

2713

shall review the proposed work program and submit its findings,

2714

questions, and comments to the district. The review must include

2715

a written evaluation of the program's consistency with the

2716

furtherance of the district's approved regional water supply

2717

plans, and the adequacy of proposed expenditures. As part of the

2718

review, the department shall give interested parties the

2719

opportunity to provide written comments on each district's

2720

proposed work program. Within 45 days after receipt of the

2721

department's evaluation, the governing board shall state in

2722

writing to the department which changes recommended in the

2723

evaluation it will incorporate into its work program submitted as

2724

part of the March 1 consolidated annual report required by s.

2725

373.036(5)(7) or specify the reasons for not incorporating the

2726

changes. The department shall include the district's responses in

2727

a final evaluation report and shall submit a copy of the report

2728

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

2729

the House of Representatives.

2730

Section 30. Subsection (11) of section 373.59, Florida

2731

Statutes, is amended to read:

2732

373.59 Water Management Lands Trust Fund.--

2733

(11) Notwithstanding any provision of this section to the

2734

contrary, the governing board of a water management district may

2735

request, and the Secretary of Environmental Protection shall

2736

release upon such request, moneys allocated to the districts

2737

pursuant to subsection (8) for purposes consistent with the

2738

provisions of s. 373.713 373.0361, s. 373.709 373.0831, s.

2739

373.139, or ss. 373.451-373.4595 and for legislatively authorized

2740

land acquisition and water restoration initiatives. No funds may

2741

be used pursuant to this subsection until necessary debt service

2742

obligations, requirements for payments in lieu of taxes, and land

2743

management obligations that may be required by this chapter are

2744

provided for.

2745

Section 31. Paragraph (g) of subsection (1) of section

2746

378.212, Florida Statutes, is amended to read:

2747

378.212 Variances.--

2748

(1) Upon application, the secretary may grant a variance

2749

from the provisions of this part or the rules adopted pursuant

2750

thereto. Variances and renewals thereof may be granted for any

2751

one of the following reasons:

2752

(g) To accommodate reclamation that provides water supply

2753

development or water resource development not inconsistent with

2754

the applicable regional water supply plan approved pursuant to s.

2755

373.713 373.0361, provided adverse impacts are not caused to the

2756

water resources in the basin. A variance may also be granted from

2757

the requirements of part IV of chapter 373, or the rules adopted

2758

thereunder, when a project provides an improvement in water

2759

availability in the basin and does not cause adverse impacts to

2760

water resources in the basin.

2761

Section 32. Subsection (9) of section 378.404, Florida

2762

Statutes, is amended to read:

2763

378.404 Department of Environmental Protection; powers and

2764

duties.--The department shall have the following powers and

2765

duties:

2766

(9) To grant variances from the provisions of this part to

2767

accommodate reclamation that provides for water supply

2768

development or water resource development not inconsistent with

2769

the applicable regional water supply plan approved pursuant to s.

2770

373.713 373.0361, appropriate stormwater management, improved

2771

wildlife habitat, recreation, or a mixture thereof, provided

2772

adverse impacts are not caused to the water resources in the

2773

basin and public health and safety are not adversely affected.

2774

Section 33. Subsection (14) of section 403.031, Florida

2775

Statutes, is amended to read:

2776

403.031 Definitions.--In construing this chapter, or rules

2777

and regulations adopted pursuant hereto, the following words,

2778

phrases, or terms, unless the context otherwise indicates, have

2779

the following meanings:

2780

(14) "State water resource implementation rule" means the

2781

rule authorized by s. 373.707 373.036, which sets forth goals,

2782

objectives, and guidance for the development and review of

2783

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

2784

statutory policies and directives. The waters of the state are

2785

among its most basic resources. Such waters should be managed to

2786

conserve and protect water resources and to realize the full

2787

beneficial use of these resources.

2788

Section 34. Paragraph (a) of subsection (3) of section

2789

403.0891, Florida Statutes, is amended to read:

2790

403.0891 State, regional, and local stormwater management

2791

plans and programs.--The department, the water management

2792

districts, and local governments shall have the responsibility

2793

for the development of mutually compatible stormwater management

2794

programs.

2795

(3)(a) Each local government required by chapter 163 to

2796

submit a comprehensive plan, whose plan is submitted after July

2797

1, 1992, and the others when updated after July 1, 1992, in the

2798

development of its stormwater management program described by

2799

elements within its comprehensive plan shall consider the water

2800

resource implementation rule, district stormwater management

2801

goals, plans approved pursuant to the Surface Water Improvement

2802

and Management Act, ss. 373.451-373.4595, and technical

2803

assistance information provided by the water management districts

2804

pursuant to s. 373.715 373.0391.

2805

Section 35. Paragraphs (r) and (u) of subsection (2) of

2806

section 403.813, Florida Statutes, are amended to read:

2807

403.813 Permits issued at district centers; exceptions.--

2808

(2) A permit is not required under this chapter, chapter

2809

373, chapter 61-691, Laws of Florida, or chapter 25214 or chapter

2810

25270, 1949, Laws of Florida, for activities associated with the

2811

following types of projects; however, except as otherwise

2812

provided in this subsection, nothing in this subsection relieves

2813

an applicant from any requirement to obtain permission to use or

2814

occupy lands owned by the Board of Trustees of the Internal

2815

Improvement Trust Fund or any water management district in its

2816

governmental or proprietary capacity or from complying with

2817

applicable local pollution control programs authorized under this

2818

chapter or other requirements of county and municipal

2819

governments:

2820

(r) The removal of aquatic plants, the removal of tussocks,

2821

the associated replanting of indigenous aquatic plants, and the

2822

associated removal from lakes of organic detrital material when

2823

such planting or removal is performed and authorized by permit or

2824

exemption granted under s. 369.20 or s. 369.25, provided that:

2825

1. Organic detrital material that exists on the surface of

2826

natural mineral substrate shall be allowed to be removed to a

2827

depth of 3 feet or to the natural mineral substrate, whichever is

2828

less;

2829

2. All material removed pursuant to this paragraph shall be

2830

deposited in an upland site in a manner that will prevent the

2831

reintroduction of the material into waters in the state except

2832

when spoil material is permitted to be used to create wildlife

2833

islands in freshwater bodies of the state when a governmental

2834

entity is permitted pursuant to s. 369.20 to create such islands

2835

as a part of a restoration or enhancement project;

2836

3. All activities are performed in a manner consistent with

2837

state water quality standards; and

2838

4. No activities under this exemption are conducted in

2839

wetland areas, as defined by s. 373.019(19)(25), which are

2840

supported by a natural soil as shown in applicable United States

2841

Department of Agriculture county soil surveys, except when a

2842

governmental entity is permitted pursuant to s. 369.20 to conduct

2843

such activities as a part of a restoration or enhancement

2844

project.

2845

2846

The department may not adopt implementing rules for this

2847

paragraph, notwithstanding any other provision of law.

2848

(u) Notwithstanding any provision to the contrary in this

2849

subsection, a permit or other authorization under chapter 253,

2850

chapter 369, chapter 373, or this chapter is not required for an

2851

individual residential property owner for the removal of organic

2852

detrital material from freshwater rivers or lakes that have a

2853

natural sand or rocky substrate and that are not Aquatic

2854

Preserves or for the associated removal and replanting of aquatic

2855

vegetation for the purpose of environmental enhancement,

2856

providing that:

2857

1. No activities under this exemption are conducted in

2858

wetland areas, as defined by s. 373.019(19)(25), which are

2859

supported by a natural soil as shown in applicable United States

2860

Department of Agriculture county soil surveys.

2861

2. No filling or peat mining is allowed.

2862

3. No removal of native wetland trees, including, but not

2863

limited to, ash, bay, cypress, gum, maple, or tupelo, occurs.

2864

4. When removing organic detrital material, no portion of

2865

the underlying natural mineral substrate or rocky substrate is

2866

removed.

2867

5. Organic detrital material and plant material removed is

2868

deposited in an upland site in a manner that will not cause water

2869

quality violations.

2870

6. All activities are conducted in such a manner, and with

2871

appropriate turbidity controls, so as to prevent any water

2872

quality violations outside the immediate work area.

2873

7. Replanting with a variety of aquatic plants native to

2874

the state shall occur in a minimum of 25 percent of the

2875

preexisting vegetated areas where organic detrital material is

2876

removed, except for areas where the material is removed to bare

2877

rocky substrate; however, an area may be maintained clear of

2878

vegetation as an access corridor. The access corridor width may

2879

not exceed 50 percent of the property owner's frontage or 50

2880

feet, whichever is less, and may be a sufficient length waterward

2881

to create a corridor to allow access for a boat or swimmer to

2882

reach open water. Replanting must be at a minimum density of 2

2883

feet on center and be completed within 90 days after removal of

2884

existing aquatic vegetation, except that under dewatered

2885

conditions replanting must be completed within 90 days after

2886

reflooding. The area to be replanted must extend waterward from

2887

the ordinary high water line to a point where normal water depth

2888

would be 3 feet or the preexisting vegetation line, whichever is

2889

less. Individuals are required to make a reasonable effort to

2890

maintain planting density for a period of 6 months after

2891

replanting is complete, and the plants, including naturally

2892

recruited native aquatic plants, must be allowed to expand and

2893

fill in the revegetation area. Native aquatic plants to be used

2894

for revegetation must be salvaged from the enhancement project

2895

site or obtained from an aquatic plant nursery regulated by the

2896

Department of Agriculture and Consumer Services. Plants that are

2897

not native to the state may not be used for replanting.

2898

8. No activity occurs any farther than 100 feet waterward

2899

of the ordinary high water line, and all activities must be

2900

designed and conducted in a manner that will not unreasonably

2901

restrict or infringe upon the riparian rights of adjacent upland

2902

riparian owners.

2903

9. The person seeking this exemption notifies the

2904

applicable department district office in writing at least 30 days

2905

before commencing work and allows the department to conduct a

2906

preconstruction site inspection. Notice must include an organic-

2907

detrital-material removal and disposal plan and, if applicable, a

2908

vegetation-removal and revegetation plan.

2909

10. The department is provided written certification of

2910

compliance with the terms and conditions of this paragraph within

2911

30 days after completion of any activity occurring under this

2912

exemption.

2913

Section 36. Paragraph (a) of subsection (1) and paragraph

2914

(a) of subsection (2) of section 403.890, Florida Statutes, are

2915

amended to read:

2916

403.890 Water Protection and Sustainability Program;

2917

intent; goals; purposes.--

2918

(1) Effective July 1, 2006, revenues transferred from the

2919

Department of Revenue pursuant to s. 201.15(1)(d)2. shall be

2920

deposited into the Water Protection and Sustainability Program

2921

Trust Fund in the Department of Environmental Protection. These

2922

revenues and any other additional revenues deposited into or

2923

appropriated to the Water Protection and Sustainability Program

2924

Trust Fund shall be distributed by the Department of

2925

Environmental Protection in the following manner:

2926

(a) Sixty percent to the Department of Environmental

2927

Protection for the implementation of an alternative water supply

2928

program as provided in s. 373.717 373.1961.

2929

(2) Applicable beginning in the 2007-2008 fiscal year,

2930

revenues transferred from the Department of Revenue pursuant to

2931

s. 201.15(1)(d)2. shall be deposited into the Water Protection

2932

and Sustainability Program Trust Fund in the Department of

2933

Environmental Protection. These revenues and any other additional

2934

revenues deposited into or appropriated to the Water Protection

2935

and Sustainability Program Trust Fund shall be distributed by the

2936

Department of Environmental Protection in the following manner:

2937

(a) Sixty-five percent to the Department of Environmental

2938

Protection for the implementation of an alternative water supply

2939

program as provided in s. 373.717 373.1961.

2940

Section 37. Subsection (6) of section 556.102, Florida

2941

Statutes, is amended to read:

2942

556.102 Definitions.--As used in this act:

2943

(6) "Excavate" or "excavation" means any manmade cut,

2944

cavity, trench, or depression in the earth's surface, formed by

2945

removal of earth, intended to change the grade or level of land,

2946

or intended to penetrate or disturb the surface of the earth,

2947

including land beneath the waters of the state, as defined in s.

2948

373.019(16)(20), and the term includes pipe bursting and

2949

directional drilling or boring from one point to another point

2950

beneath the surface of the earth, or other trenchless

2951

technologies.

2952

Section 38. Section 682.02, Florida Statutes, is amended to

2953

read:

2954

682.02 Arbitration agreements made valid, irrevocable, and

2955

enforceable; scope.--Two or more parties may agree in writing to

2956

submit to arbitration any controversy existing between them at

2957

the time of the agreement, or they may include in a written

2958

contract a provision for the settlement by arbitration of any

2959

controversy thereafter arising between them relating to such

2960

contract or the failure or refusal to perform the whole or any

2961

part thereof. This section also applies to written interlocal

2962

agreements under ss. 163.01 and 373.717 373.1962 in which two or

2963

more parties agree to submit to arbitration any controversy

2964

between them concerning water use permit applications and other

2965

matters, regardless of whether or not the water management

2966

district with jurisdiction over the subject application is a

2967

party to the interlocal agreement or a participant in the

2968

arbitration. Such agreement or provision shall be valid,

2969

enforceable, and irrevocable without regard to the justiciable

2970

character of the controversy; provided that this act shall not

2971

apply to any such agreement or provision to arbitrate in which it

2972

is stipulated that this law shall not apply or to any arbitration

2973

or award thereunder.

2974

Section 39. Section 373.71, Florida Statutes, is renumbered

2975

as section 373.69, Florida Statutes.

2976

Section 40. Sections 373.0361, 373.0391, 373.0831, 373.196,

2977

373.1961, 373.1962, and 373.1963, Florida Statutes, are repealed.

2978

Section 41. This act shall take effect July 1, 2008.

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