HB 1111

1
A bill to be entitled
2An act relating to water supply; creating part VII of ch.
3373, F.S., relating to water supply policy, planning,
4production, and funding; providing a declaration of
5policy; providing definitions; providing for the powers
6and duties of water management district governing boards;
7requiring the Department of Environmental Protection to
8develop the Florida water supply plan; providing
9components of the plan; requiring water management
10district governing boards to develop water supply plans
11for their respective regions; providing components of
12district water supply plans; providing legislative
13findings and intent with respect to water resource
14development and water supply development; requiring water
15management districts to fund and implement water resource
16development; specifying water supply development projects
17that are eligible to receive priority consideration for
18state or water management district funding assistance;
19encouraging cooperation in the development of water
20supplies; providing for alternative water supply
21development; encouraging municipalities, counties, and
22special districts to create regional water supply
23authorities; establishing the primary roles of the water
24management districts in alternative water supply
25development; establishing the primary roles of local
26governments, regional water supply authorities, special
27districts, and publicly owned and privately owned water
28utilities in alternative water supply development;
29requiring the water management districts to detail the
30specific allocations to be used for alternative water
31supply development in their annual budget submission;
32requiring that the water management districts include the
33amount needed to implement the water supply development
34projects in each annual budget; establishing general
35funding criteria for funding assistance to the state or
36water management districts; establishing economic
37incentives for alternative water supply development;
38providing a funding formula for the distribution of state
39funds to the water management districts for alternative
40water supply development; requiring that funding
41assistance for alternative water supply development be
42limited to a percentage of the total capital costs of an
43approved project; establishing a selection process and
44criteria; providing for cost recovery from the Public
45Service Commission; requiring a water management district
46governing board to conduct water supply planning for each
47region identified in the district water supply plan;
48providing procedures and requirements with respect to
49regional water supply plans; providing for joint
50development of a specified water supply development
51component of a regional water supply plan within the
52boundaries of the Southwest Florida Water Management
53District; providing that approval of a regional water
54supply plan is not subject to the rulemaking requirements
55of the Administrative Procedure Act; requiring the
56department to submit annual reports on the status of
57regional water supply planning in each district; providing
58construction with respect to the water supply development
59component of a regional water supply plan; requiring water
60management districts to present to certain entities the
61relevant portions of a regional water supply plan;
62requiring certain entities to provide written notification
63to water management districts as to the implementation of
64water supply project options; requiring water management
65districts to notify local governments of the need for
66alternative water supply projects; requiring water
67management districts to assist local governments in the
68development and future revision of local government
69comprehensive plan elements or public facilities reports
70related to water resource issues; providing for the
71creation of regional water supply authorities; providing
72purpose of such authorities; specifying considerations
73with respect to the creation of a proposed authority;
74specifying authority of a regional water supply authority;
75providing authority of specified entities to convey title,
76dedicate land, or grant land-use rights to a regional
77water supply authority for specified purposes; providing
78preferential rights of counties and municipalities to
79purchase water from regional water supply authorities;
80providing exemption for specified water supply authorities
81from consideration of certain factors and submissions;
82providing applicability of such exemptions; authorizing
83the West Coast Regional Water Supply Authority and its
84member governments to reconstitute the authority's
85governance and rename the authority under a voluntary
86interlocal agreement; providing compliance requirements
87with respect to the interlocal agreement; providing for
88supersession of conflicting general or special laws;
89providing requirements with respect to annual budgets;
90specifying the annual millage for the authority;
91authorizing the authority to request the governing board
92of the district to levy ad valorem taxes within the
93boundaries of the authority to finance authority
94functions; providing requirements and procedures with
95respect to the collection of such taxes; amending ss.
9611.80, 120.52, 163.3167, and 163.3177, 163.3191, 186.009,
97189.404, 189.4155, 189.4156, and 367.021, F.S.; conforming
98cross-references and terminology; amending s. 373.016,
99F.S., relating to the declaration of policy, to conform;
100amending s. 373.019, F.S., relating to definitions, to
101conform; amending s. 373.026, F.S.; conforming a cross-
102reference; amending s. 373.036, F.S., relating to the
103Florida water plan and district water management plans, to
104include the Florida water supply plan and district water
105supply plans and make other conforming changes; amending
106ss. 373.042, 373.0421, 373.0695, 373.199, 373.223,
107373.2234, 373.229, 373.414, 373.421, 373.4592, 373.45926,
108373.4595, 373.470, 373.536, 373.59, 378.212, 378.404,
109403.031, 403.0891, 403.813, 403.890, 556.102, and 682.02,
110F.S.; conforming cross-references; renumbering s. 373.71,
111F.S., relating to the Apalachicola-Chattahoochee-Flint
112River Basin Compact, to clarify retention of the section
113in part VI of ch. 373, F.S.; repealing s. 373.0361, F.S.,
114relating to regional water supply planning; repealing s.
115373.0391, F.S., relating to technical assistance to local
116governments; repealing s. 373.0831, F.S., relating to
117water resource and water supply development; repealing s.
118373.196, F.S., relating to alternative water supply
119development; repealing s. 373.1961, F.S., relating to
120water production and related powers and duties of water
121management districts; repealing s. 373.1962, F.S.,
122relating to regional water supply authorities; repealing
123s. 373.1963, F.S., relating to assistance to the West
124Coast Regional Water Supply Authority; providing an
125effective date.
126
127Be It Enacted by the Legislature of the State of Florida:
128
129     Section 1.  Part VII of chapter 373, Florida Statutes,
130consisting of sections 373.701, 373.703, 373.705, 373.707,
131373.709, 373.711, 373.713, 373.715, 373.717, and 373.719, is
132created to read:
133
PART VII
134
WATER SUPPLY POLICY, PLANNING, PRODUCTION, AND FUNDING
135     373.701  Declaration of policy.--It is declared to be the
136policy of the Legislature that:
137     (1)  Water constitutes a public resource benefiting the
138entire state, and therefore water supply planning in the state
139should be conducted on a state and regional basis.
140     (2)  The availability of sufficient water for all existing
141and future reasonable-beneficial uses and natural systems shall
142be promoted.
143     (3)  In order to protect the state's water resources and to
144meet the current and future needs of those areas with abundant
145water, the Legislature directs the Department of Environmental
146Protection and the water management districts to encourage the
147use of water from sources nearest the area of use or application
148whenever practicable. Such sources shall include all naturally
149occurring water sources and all alternative water sources,
150including, but not limited to, desalination, conservation, reuse
151of nonpotable reclaimed water and stormwater, and aquifer
152storage and recovery.
153     (4)  In establishing the policy outlined in subsection (3),
154the Legislature realizes that, under certain circumstances, the
155need to transport water from distant sources may be necessary
156for environmental, technical, or economic reasons.
157     (5)  Cooperative efforts between municipalities, counties,
158water management districts, and the department are mandatory in
159order to meet the water needs of rapidly urbanizing areas in a
160manner that will supply adequate and dependable supplies of
161water where needed without resulting in adverse effects upon the
162areas from which such water is withdrawn. Such efforts should
163use all practical means of obtaining water, including, but not
164limited to, withdrawals of surface water and groundwater,
165recycling wastewater, and desalination and will necessitate not
166only cooperation but also well-coordinated activities.
167     (6)  Municipalities and counties are encouraged to create
168regional water supply authorities and multijurisdictional water
169supply entities as authorized in this part.
170     (7)  Nothing in this part shall be construed to preclude
171the various municipalities and counties from continuing to
172operate existing water production and transmission facilities or
173to enter into cooperative agreements with other municipalities
174and counties for the purpose of meeting their respective needs
175for dependable and adequate supplies of water, provided that
176obtaining water through such operations shall not be done in a
177manner that results in adverse effects upon the areas from which
178such water is withdrawn.
179     373.703  Definitions.--As used in this part or in any rule,
180regulation, or order adopted pursuant to this part, the
181following terms shall, unless the context clearly indicates
182otherwise, mean:
183     (1)  "Alternative water supplies" means salt water;
184brackish surface water and groundwater; surface water captured
185predominately during wet-weather flows; sources made available
186through the addition of new storage capacity for surface water
187or groundwater, water that has been reclaimed after one or more
188public supply, municipal, industrial, commercial, or
189agricultural uses; the downstream augmentation of water bodies
190with reclaimed water; stormwater; and any other water supply
191source that is designated as nontraditional for a water supply
192planning region in the applicable regional water supply plan.
193     (2)  "Capital costs" means planning, design, engineering,
194and project construction costs.
195     (3)  "Department" means the Department of Environmental
196Protection.
197     (4)  "District water supply plan" means the regional plan
198developed by a governing board under s. 373.707.
199     (5)  "Florida water supply plan" means the state-level plan
200developed by the department under s. 373.707.
201     (6)  "Governing board" means the governing board of a water
202management district.
203     (7)  "Multijurisdictional water supply entity" means two or
204more water utilities or local governments that have organized
205into a larger entity, or entered into an interlocal agreement or
206contract, for the purpose of more efficiently pursuing water
207supply development or alternative water supply development
208projects listed pursuant to a regional water supply plan.
209     (8)  "Regional water supply plan" means a detailed water
210supply plan developed by a governing board under s. 373.713.
211     (9)  "Water management district" means any flood control,
212resource management, or water management district operating
213under the authority of this chapter.
214     (10)  "Water resource development" means the formulation
215and implementation of regional water resource management
216strategies, including the collection and evaluation of surface
217water and groundwater data; structural and nonstructural
218programs to protect and manage water resources; the development
219of regional water resource implementation programs; the
220construction, operation, and maintenance of major public works
221facilities to provide for surface water and underground water
222storage and groundwater recharge augmentation; and related
223technical assistance to local governments and to government-
224owned and privately owned water utilities.
225     (11)  "Water supply development" means the planning,
226design, construction, operation, and maintenance of public or
227private facilities for water collection, production, treatment,
228transmission, or distribution for sale, resale, or end use.
229     373.705  Powers and duties.--In the performance of, and in
230conjunction with, its other powers and duties, the governing
231board of a water management district existing pursuant to this
232chapter:
233     (1)  Shall engage in planning to assist counties,
234municipalities, special districts, publicly owned and privately
235owned water utilities, multijurisdictional water supply
236entities, or regional water supply authorities in meeting water
237supply needs in such manner as will give priority to encouraging
238conservation and reducing adverse environmental effects of
239improper or excessive withdrawals of water from concentrated
240areas. As used in this section, regional water supply
241authorities are regional water authorities created under s.
242373.717 or other laws of this state.
243     (2)  Shall assist counties, municipalities, special
244districts, publicly owned or privately owned water utilities,
245multijurisdictional water supply entities, or regional water
246supply authorities in meeting water supply needs in such manner
247as will give priority to encouraging conservation and reducing
248adverse environmental effects of improper or excessive
249withdrawals of water from concentrated areas.
250     (3)  May establish, design, construct, operate, and
251maintain water production and transmission facilities for the
252purpose of supplying water to counties, municipalities, special
253districts, publicly owned and privately owned water utilities,
254multijurisdictional water supply entities, or regional water
255supply authorities. The permit required by part II of this
256chapter for a water management district engaged in water
257production and transmission shall be granted, denied, or granted
258with conditions by the department.
259     (4)  Shall not engage in local water supply distribution.
260     (5)  Shall not deprive, directly or indirectly, any county
261wherein water is withdrawn of the prior right to the reasonable
262and beneficial use of water which is required to supply
263adequately the reasonable and beneficial needs of the county or
264any of the inhabitants or property owners in the county.
265     (6)  May provide water and financial assistance to regional
266water supply authorities, but may not provide water to counties
267and municipalities that are located within the area of such
268authority without the specific approval of the authority or, in
269the event of the authority's disapproval, the approval of the
270Governor and Cabinet sitting as the Land and Water Adjudicatory
271Commission. The district may supply water at rates and upon
272terms mutually agreed to by the parties or, if they do not
273agree, as set by the governing board and specifically approved
274by the Land and Water Adjudicatory Commission.
275     (7)  May acquire title to such interest as is necessary in
276real property, by purchase, gift, devise, lease, eminent domain,
277or otherwise, for water production and transmission consistent
278with this section and s. 373.711. However, the district shall
279not use any of the eminent domain powers granted in this section
280to acquire water and water rights already devoted to reasonable
281and beneficial use or any water production or transmission
282facilities owned by any county, municipality, or regional water
283supply authority. The district may exercise eminent domain
284powers outside of its district boundaries for the acquisition of
285pumpage facilities, storage areas, transmission facilities, and
286the normal appurtenances thereto, provided that at least 45 days
287prior to the exercise of eminent domain, the district notifies
288the district where the property is located after public notice
289and the district where the property is located does not object
290within 45 days after notification of such exercise of eminent
291domain authority.
292     (8)  In addition to the power to issue revenue bonds
293pursuant to s. 373.584, may issue revenue bonds for the purposes
294of paying the costs and expenses incurred in carrying out the
295purposes of this chapter or refunding obligations of the
296district issued pursuant to this section. Such revenue bonds
297shall be secured by, and be payable from, revenues derived from
298the operation, lease, or use of its water production and
299transmission facilities and other water-related facilities and
300from the sale of water or services relating thereto. Such
301revenue bonds may not be secured by, or be payable from, moneys
302derived by the district from the Water Management Lands Trust
303Fund or from ad valorem taxes received by the district. All
304provisions of s. 373.584 relating to the issuance of revenue
305bonds which are not inconsistent with this section shall apply
306to the issuance of revenue bonds pursuant to this section. The
307district may also issue bond anticipation notes in accordance
308with the provisions of s. 373.584.
309     (9)  May join with one or more other water management
310districts, counties, municipalities, special districts, publicly
311owned or privately owned water utilities, multijurisdictional
312water supply entities, or regional water supply authorities for
313the purpose of carrying out any of its powers, and may contract
314with such other entities to finance acquisitions, construction,
315operation, and maintenance. The contract may provide for
316contributions to be made by each party thereto, for the division
317and apportionment of the expenses of acquisitions, construction,
318operation, and maintenance, and for the division and
319apportionment of the benefits, services, and products therefrom.
320The contracts may contain other covenants and agreements
321necessary and appropriate to accomplish their purposes.
322     373.707  Florida water supply plan; district water supply
323plans.--
324     (1)  In cooperation with the water management districts,
325regional water supply authorities, and others, the department
326shall develop the Florida water supply plan. The Florida water
327supply plan shall include, but not be limited to:
328     (a)  The programs and activities of the department related
329to water supply.
330     (b)  The district water supply plans.
331     (c)  Goals, objectives, and guidance for the development
332and review of programs, rules, and plans relating to water
333supply based on statutory policies and directives.
334     (2)(a)  Each governing board shall develop a district water
335supply plan for its region. The district water supply plan shall
336be based on at least a 20-year planning period, shall be
337developed and revised in cooperation with other agencies,
338regional water supply authorities, units of government, and
339interested parties and shall be updated at least once every 5
340years. The governing board shall hold a public hearing at least
34130 days in advance of completing the development or revision of
342the district water supply plan.
343     (b)  The district water supply plan shall include, but not
344be limited to:
345     1.  The scientific methodologies for establishing minimum
346flows and levels under s. 373.042 and all established minimum
347flows and levels.
348     2.  Identification of one or more water supply planning
349regions that singly or together encompass the entire district.
350     3.  Technical data and information prepared under s.
351373.715.
352     4.  A districtwide water supply assessment that determines
353for each water supply planning region:
354     a.  Existing legal uses, reasonably anticipated future
355needs, and existing and reasonably anticipated sources of water
356and conservation efforts.
357     b.  Whether existing and reasonably anticipated sources of
358water and conservation efforts are adequate to supply water for
359all existing legal uses and reasonably anticipated future needs
360and to sustain the water resources and related natural systems.
361     5.  Any completed regional water supply plans prepared
362pursuant to s. 373.713.
363     (c)  If necessary for implementation, the governing board
364shall adopt by rule or order relevant portions of the district
365water supply plan to the extent of its statutory authority.
366     (d)  In the formulation of the district water supply plan,
367the governing board shall give due consideration to:
368     1.  The attainment of maximum reasonable-beneficial use of
369water resources.
370     2.  The maximum economic development of the water resources
371consistent with other uses.
372     3.  The management of water resources for such purposes as
373environmental protection, drainage, flood control, and water
374storage.
375     4.  The quantity of water available for application to a
376reasonable-beneficial use.
377     5.  The prevention of wasteful, uneconomical, impractical,
378or unreasonable uses of water resources.
379     6.  Presently exercised domestic use and permit rights.
380     7.  The state water resources policy as expressed by this
381chapter.
382     (3)  The department and governing board shall give careful
383consideration to the requirements of public recreation and to
384the protection and propagation of fish and wildlife. The
385department or governing board may prohibit or restrict other
386future uses on certain designated bodies of water which may be
387inconsistent with these objectives.
388     (4)  The governing board may designate certain uses in
389connection with a particular source of supply that, because of
390the nature of the activity or the amount of water required,
391would constitute an undesirable use for which the governing
392board may deny a permit.
393     (5)  The governing board may designate certain uses in
394connection with a particular source of supply that, because of
395the nature of the activity or the amount of water required,
396would result in an enhancement or improvement of the water
397resources of the area. Such uses shall be preferred over other
398uses in the event of competing applications under the permitting
399systems authorized by this chapter.
400     (6)  The department, in cooperation with the Executive
401Office of the Governor, may add to the Florida water supply plan
402any other information, directions, or objectives it deems
403necessary or desirable for the guidance of the governing boards
404or other agencies in the administration and enforcement of this
405chapter.
406     373.709  Water resource development; water supply
407development.--
408     (1)  The Legislature finds that:
409     (a)  The proper role of the water management districts in
410water supply is primarily planning and water resource
411development, but this does not preclude them from providing
412assistance with water supply development.
413     (b)  The proper role of local government, regional water
414supply authorities, and government-owned and privately owned
415water utilities in water supply is primarily water supply
416development, but this does not preclude them from providing
417assistance with water resource development.
418     (c)  Water resource development and water supply
419development must receive priority attention, where needed, to
420increase the availability of sufficient water for all existing
421and future reasonable-beneficial uses and natural systems.
422     (2)  It is the intent of the Legislature that:
423     (a)  Sufficient water be available for all existing and
424future reasonable-beneficial uses and the natural systems and
425that the adverse effects of competition for water supplies be
426avoided.
427     (b)  Water management districts take the lead in
428identifying and implementing water resource development projects
429and are responsible for securing necessary funding for
430regionally significant water resource development projects.
431     (c)  Local governments, regional water supply authorities,
432and government-owned and privately owned water utilities take
433the lead in securing funds for and implementing water supply
434development projects. Generally, direct beneficiaries of water
435supply development projects should pay the costs of the projects
436from which they benefit, and water supply development projects
437should continue to be paid for through local funding sources.
438     (d)  Water supply development be conducted in coordination
439with water management district regional water supply planning
440and water resource development.
441     (3)  The water management districts shall fund and
442implement water resource development as defined in s. 373.703.
443The water management districts are encouraged to implement their
444responsibility for water resource development and to assist in
445water supply development as expeditiously as possible in areas
446subject to regional water supply plans.
447     (4)  Each governing board shall include in its annual
448budget an amount to be made available for the fiscal year to
449assist in implementing alternative water supply development
450projects listed pursuant to s. 373.713(2)(a)2.
451     (5)(a)  Water supply development projects that are included
452in the relevant regional water supply plans and that meet one or
453more of the following criteria shall receive priority
454consideration for state or water management district funding
455assistance:
456     1.  The project supports establishment of a dependable,
457sustainable supply of water from alternative water supplies;
458     2.  The project provides substantial environmental benefits
459by preventing or limiting adverse water resource impacts but
460requires funding assistance to be economically competitive with
461other options;
462     3.  The project significantly implements the reuse,
463storage, recharge, or conservation of water in a manner that
464contributes to the sustainability of regional water sources; or
465     4.  The project significantly contributes to a recovery
466plan pursuant to s. 373.0421 for a minimum flow or level
467established by a governing board.
468     (b)  Water supply development projects that meet the
469criteria in paragraph (a) and also bring about replacement of
470existing sources in order to help implement a minimum flow or
471level shall be given first consideration for state or water
472management district funding assistance.
473     373.711  Alternative water supply development.--
474     (1)  The purpose of this section is to encourage
475cooperation in the development of water supplies and to provide
476for alternative water supply development. Accordingly, the
477Legislature finds that:
478     (a)  Demands on natural supplies of fresh water to meet the
479needs of a rapidly growing population and the needs of the
480environment, agriculture, industry, and mining will continue to
481increase.
482     (b)  There is a need for the development of alternative
483water supplies for Florida to sustain its economic growth,
484economic viability, and natural resources.
485     (c)  Alternative water supply development must receive
486priority funding attention to increase the available supplies of
487water to meet all existing and future reasonable-beneficial uses
488and to benefit the natural systems.
489     (d)  Cooperation between counties, municipalities, regional
490water supply authorities, multijurisdictional water supply
491entities, special districts, and publicly owned and privately
492owned water utilities in the development of countywide and
493multicountywide alternative water supply projects will allow for
494necessary economies of scale and efficiencies to be achieved in
495order to accelerate the development of new, dependable, and
496sustainable alternative water supplies.
497     (e)  It is in the public interest that county, municipal,
498industrial, agricultural, and other public and private water
499users, the Department of Environmental Protection, and the water
500management districts cooperate and work together in the
501development of alternative water supplies to avoid the adverse
502effects of competition for limited supplies of water. Public
503moneys or services provided to private entities for alternative
504water supply development may constitute public purposes that
505also are in the public interest.
506     (2)  The Legislature also finds with regard to the
507development of alternative water supplies that:
508     (a)  Sufficient water must be available for all existing
509and future reasonable-beneficial uses and the natural systems,
510and the adverse effects of competition for water supplies must
511be avoided.
512     (b)  Alternative water supply development must be conducted
513in coordination with water management district regional water
514supply planning.
515     (c)  Funding for the development of alternative water
516supplies shall be a shared responsibility of water suppliers and
517users, the state, and the water management districts, with water
518suppliers and users having the primary responsibility and the
519state and the water management districts being responsible for
520providing funding assistance.
521     (3)  The primary roles of the water management districts in
522water resource development as it relates to supporting
523alternative water supply development are:
524     (a)  The formulation and implementation of regional water
525resource management strategies that support alternative water
526supply development.
527     (b)  The collection and evaluation of surface water and
528groundwater data to be used for a planning level assessment of
529the feasibility of alternative water supply development
530projects.
531     (c)  The construction, operation, and maintenance of major
532public works facilities for flood control, surface water and
533underground water storage, and groundwater recharge augmentation
534to support alternative water supply development.
535     (d)  Planning for alternative water supply development as
536provided in regional water supply plans in coordination with
537local governments, regional water supply authorities,
538multijurisdictional water supply entities, special districts,
539and publicly owned and privately owned water utilities and self-
540suppliers.
541     (e)  The formulation and implementation of structural and
542nonstructural programs to protect and manage water resources in
543support of alternative water supply projects.
544     (f)  The provision of technical and financial assistance to
545local governments and publicly owned and privately owned water
546utilities for alternative water supply projects.
547     (4)  The primary roles of local government, regional water
548supply authorities, multijurisdictional water supply entities,
549special districts, and publicly owned and privately owned water
550utilities in alternative water supply development are:
551     (a)  The planning, design, construction, operation, and
552maintenance of alternative water supply development projects.
553     (b)  The formulation and implementation of alternative
554water supply development strategies and programs.
555     (c)  The planning, design, construction, operation, and
556maintenance of facilities to collect, divert, produce, treat,
557transmit, and distribute water for sale, resale, or end use.
558     (d)  The coordination of alternative water supply
559development activities with the appropriate water management
560district having jurisdiction over the activity.
561     (5)  Nothing in this section shall be construed to preclude
562the various special districts, municipalities, and counties from
563continuing to operate existing water production and transmission
564facilities or to enter into cooperative agreements with other
565special districts, municipalities, and counties for the purpose
566of meeting their respective needs for dependable and adequate
567supplies of water; however, the obtaining of water through such
568operations shall not be done in a manner that results in adverse
569effects upon the areas from which such water is withdrawn.
570     (6)(a)  The statewide funds provided pursuant to the Water
571Protection and Sustainability Program serve to supplement
572existing water management district or basin board funding for
573alternative water supply development assistance and should not
574result in a reduction of such funding. Therefore, the water
575management districts shall include in the annual tentative and
576adopted budget submittals required under this chapter the amount
577of funds allocated for water resource development that supports
578alternative water supply development and the funds allocated for
579alternative water supply projects selected for inclusion in the
580Water Protection and Sustainability Program. It shall be the
581goal of each water management district and basin board that the
582combined funds allocated annually for these purposes be, at a
583minimum, the equivalent of 100 percent of the state funding
584provided to the water management district for alternative water
585supply development. If this goal is not achieved, the water
586management district shall provide in the budget submittal an
587explanation of the reasons or constraints that prevent this goal
588from being met, an explanation of how the goal will be met in
589future years, and affirmation of match is required during the
590budget review process as established under s. 373.536(5). The
591Suwannee River Water Management District and the Northwest
592Florida Water Management District shall not be required to meet
593the match requirements of this paragraph; however, they shall
594try to achieve the match requirement to the greatest extent
595practicable.
596     (b)  State funds from the Water Protection and
597Sustainability Program created in s. 403.890 shall be made
598available for financial assistance for the project construction
599costs of alternative water supply development projects selected
600by a water management district governing board for inclusion in
601the program.
602     (7)  The water management district shall implement its
603responsibilities as expeditiously as possible in areas subject
604to regional water supply plans. Each district's governing board
605shall include in its annual budget the amount needed for the
606fiscal year to assist in implementing alternative water supply
607development projects.
608     (8)(a)  The water management districts and the state shall
609share a percentage of revenues with water providers and users,
610including local governments; water, wastewater, and reuse
611utilities; municipal, special district, industrial, and
612agricultural water users; and other public and private water
613users, to be used to supplement other funding sources in the
614development of alternative water supplies.
615     (b)  Beginning in fiscal year 2009-2010, the state shall
616annually provide a portion of those revenues deposited into the
617Water Protection and Sustainability Program Trust Fund for the
618purpose of providing funding assistance for the development of
619alternative water supplies pursuant to the Water Protection and
620Sustainability Program. At the beginning of each fiscal year,
621beginning with fiscal year 2009-2010, such revenues shall be
622distributed by the department into the alternative water supply
623trust fund accounts created by each district for the purpose of
624alternative water supply development under the following funding
625formula:
626     1.  Thirty percent to the South Florida Water Management
627District;
628     2.  Twenty-five percent to the Southwest Florida Water
629Management District;
630     3.  Twenty-five percent to the St. Johns River Water
631Management District;
632     4.  Ten percent to the Suwannee River Water Management
633District; and
634     5.  Ten percent to the Northwest Florida Water Management
635District.
636     (c)  The financial assistance for alternative water supply
637projects allocated in each district's budget as required in
638subsection (6) shall be combined with the state funds and used
639to assist in funding the project construction costs of
640alternative water supply projects selected by the governing
641board. If the district has not completed any regional water
642supply plan, or the regional water supply plan does not identify
643the need for any alternative water supply projects, funds
644deposited in that district's trust fund may be used for water
645resource development projects, including, but not limited to,
646springs protection.
647     (d)  All projects submitted to the governing board for
648consideration shall reflect the total capital cost for
649implementation. The costs shall be segregated pursuant to the
650categories described in the definition of capital costs.
651     (e)  Applicants for projects that may receive funding
652assistance pursuant to the Water Protection and Sustainability
653Program shall, at a minimum, be required to pay 60 percent of
654the project's construction costs. The water management districts
655may, at their discretion, totally or partially waive this
656requirement for projects sponsored by financially disadvantaged
657small local governments as defined in former s. 403.885(3)(c).
658The water management districts or basin boards may, at their
659discretion, use ad valorem or federal revenues to assist a
660project applicant in meeting the requirements of this paragraph.
661     (f)  The governing boards shall determine those projects
662that will be selected for financial assistance. The governing
663boards may establish factors to determine project funding;
664however, significant weight shall be given to the following
665factors:
666     1.  Whether the project provides substantial environmental
667benefits by preventing or limiting adverse water resource
668impacts.
669     2.  Whether the project reduces competition for water
670supplies.
671     3.  Whether the project brings about replacement of
672traditional sources in order to help implement a minimum flow or
673level or a reservation.
674     4.  Whether the project will be implemented by a
675consumptive use permittee that has achieved the targets
676contained in a goal-based water conservation program approved
677pursuant to s. 373.227.
678     5.  The quantity of water supplied by the project as
679compared to its cost.
680     6.  Projects in which the construction and delivery to end
681users of reuse water is a major component.
682     7.  Whether the project will be implemented by a
683multijurisdictional water supply entity or regional water supply
684authority.
685     (g)  Additional factors to be considered in determining
686project funding shall include:
687     1.  Whether the project is part of a plan to implement two
688or more alternative water supply projects, all of which will be
689operated to produce water at a uniform rate for the participants
690in a multijurisdictional water supply entity or regional water
691supply authority.
692     2.  The percentage of project costs to be funded by the
693water supplier or water user.
694     3.  Whether the project proposal includes sufficient
695preliminary planning and engineering to demonstrate that the
696project can reasonably be implemented within the timeframes
697provided in the regional water supply plan.
698     4.  Whether the project is a subsequent phase of an
699alternative water supply project that is underway.
700     5.  Whether and in what percentage a local government or
701local government utility is transferring water supply system
702revenues to the local government general fund in excess of
703reimbursements for services received from the general fund,
704including direct and indirect costs and legitimate payments in
705lieu of taxes.
706     (h)  After conducting one or more meetings to solicit
707public input on eligible projects, including input from those
708entities identified pursuant to s. 373.713(2)(a)2.d. for
709implementation of alternative water supply projects, the
710governing board of each water management district shall select
711projects for funding assistance based upon the criteria set
712forth in paragraphs (f) and (g). The governing board may select
713a project identified or listed as an alternative water supply
714development project in the regional water supply plan, or
715allocate up to 20 percent of the funding for alternative water
716supply projects that are not identified or listed in the
717regional water supply plan but are consistent with the goals of
718the plan.
719     (i)  Without diminishing amounts available through other
720means described in this subsection, the governing boards are
721encouraged to consider establishing revolving loan funds to
722expand the total funds available to accomplish the objectives of
723this section. A revolving loan fund created under this paragraph
724must be a nonlapsing fund from which the water management
725district may make loans with interest rates below prevailing
726market rates to public or private entities for the purposes
727described in this section. The governing board may adopt
728resolutions to establish revolving loan funds which must specify
729the details of the administration of the fund, the procedures
730for applying for loans from the fund, the criteria for awarding
731loans from the fund, the initial capitalization of the fund, and
732the goals for future capitalization of the fund in subsequent
733budget years. Revolving loan funds created under this paragraph
734must be used to expand the total sums and sources of cooperative
735funding available for the development of alternative water
736supplies. The Legislature does not intend for the creation of
737revolving loan funds to supplant or otherwise reduce existing
738sources or amounts of funds currently available through other
739means.
740     (j)  For each utility that receives financial assistance
741from the state or a water management district for an alternative
742water supply project, the water management district shall
743require the appropriate rate-setting authority to develop rate
744structures for water customers in the service area of the funded
745utility that will:
746     1.  Promote the conservation of water; and
747     2.  Promote the use of water from alternative water
748supplies.
749     (k)  The governing boards shall establish a process for the
750disbursal of revenues pursuant to this subsection.
751     (l)  All revenues made available pursuant to this
752subsection must be encumbered annually by the governing board
753when it approves projects sufficient to expend the available
754revenues.
755     (m)  This subsection is not subject to the rulemaking
756requirements of chapter 120.
757     (n)  By March 1 of each year, as part of the consolidated
758annual report required by s. 373.036(7), each water management
759district shall submit a report on the disbursal of all budgeted
760amounts pursuant to this section. Such report shall describe all
761alternative water supply projects funded as well as the quantity
762of new water to be created as a result of such projects and
763shall account separately for any other moneys provided through
764grants, matching grants, revolving loans, and the use of
765district lands or facilities to implement regional water supply
766plans.
767     (o)  The Florida Public Service Commission shall allow
768entities under its jurisdiction constructing or participating in
769constructing facilities that provide alternative water supplies
770to recover their full, prudently incurred cost of constructing
771such facilities through their rate structure. If construction of
772a facility or participation in construction is pursuant to or in
773furtherance of a regional water supply plan, the cost shall be
774deemed to be prudently incurred. Every component of an
775alternative water supply facility constructed by an investor-
776owned utility shall be recovered in current rates. Any state or
777water management district cost-share is not subject to the
778recovery provisions allowed in this paragraph.
779     (9)  Funding assistance provided by the water management
780districts for a water reuse system may include the following
781conditions for that project if a water management district
782determines that such conditions will encourage water use
783efficiency:
784     (a)  Metering of reclaimed water use for residential
785irrigation, agricultural irrigation, industrial uses, except for
786electric utilities as defined in s. 366.02(2), landscape
787irrigation, golf course irrigation, irrigation of other public
788access areas, commercial and institutional uses such as toilet
789flushing, and transfers to other reclaimed water utilities;
790     (b)  Implementation of reclaimed water rate structures
791based on actual use of reclaimed water for the reuse activities
792listed in paragraph (a);
793     (c)  Implementation of education programs to inform the
794public about water issues, water conservation, and the
795importance and proper use of reclaimed water; or
796     (d)  Development of location data for key reuse facilities.
797     373.713  Regional water supply planning.--
798     (1)  The governing board of each water management district
799shall conduct water supply planning for any water supply
800planning region within the district identified in the
801appropriate district water supply plan under s. 373.707, where
802it determines that existing sources of water are not adequate to
803supply water for all existing and future reasonable-beneficial
804uses and to sustain the water resources and related natural
805systems for the planning period. The planning must be conducted
806in an open public process, in coordination and cooperation with
807local governments, regional water supply authorities,
808government-owned and privately owned water utilities,
809multijurisdictional water supply entities, self-suppliers, and
810other affected and interested parties. The districts shall
811actively engage in public education and outreach to all affected
812local entities and their officials, as well as members of the
813public, in the planning process and in seeking input. During
814preparation, but prior to completion of the regional water
815supply plan, the district must conduct at least one public
816workshop to discuss the technical data and modeling tools
817anticipated to be used to support the regional water supply
818plan. The district shall also hold several public meetings to
819communicate the status, overall conceptual intent, and impacts
820of the plan on existing and future reasonable-beneficial uses
821and related natural systems. During the planning process, a
822local government may choose to prepare its own water supply
823assessment to determine if existing water sources are adequate
824to meet existing and projected reasonable-beneficial needs of
825the local government while sustaining water resources and
826related natural systems. The local government shall submit such
827assessment, including the data and methodology used, to the
828district. The district shall consider the local government's
829assessment during the formation of the plan. A determination by
830the governing board that initiation of a regional water supply
831plan for a specific planning region is not needed pursuant to
832this section shall be subject to s. 120.569. The governing board
833shall reevaluate such a determination at least once every 5
834years and shall initiate a regional water supply plan, if
835needed, pursuant to this subsection.
836     (2)  Each regional water supply plan shall be based on at
837least a 20-year planning period and shall include, but need not
838be limited to:
839     (a)  A water supply development component for each water
840supply planning region identified by the district which
841includes:
842     1.  A quantification of the water supply needs for all
843existing and future reasonable-beneficial uses within the
844planning horizon. The level-of-certainty planning goal
845associated with identifying the water supply needs of existing
846and future reasonable-beneficial uses shall be based upon
847meeting those needs for a 1-in-10-year drought event. Population
848projections used for determining public water supply needs must
849be based upon the best available data. In determining the best
850available data, the district shall consider the University of
851Florida's Bureau of Economic and Business Research (BEBR) medium
852population projections and any population projection data and
853analysis submitted by a local government pursuant to the public
854workshop described in subsection (1) if the data and analysis
855support the local government's comprehensive plan. Any
856adjustment of or deviation from the BEBR projections must be
857fully described, and the original BEBR data must be presented
858along with the adjusted data.
859     2.  A list of water supply development project options,
860including traditional and alternative water supply project
861options, from which local government, government-owned and
862privately owned utilities, regional water supply authorities,
863multijurisdictional water supply entities, self-suppliers, and
864others may choose for water supply development. In addition to
865projects listed by the district, such users may propose specific
866projects for inclusion in the list of alternative water supply
867projects. If such users propose a project to be listed as an
868alternative water supply project, the district shall determine
869whether it meets the goals of the plan and, if so, it shall be
870included in the list. The total capacity of the projects
871included in the plan shall exceed the needs identified in
872subparagraph 1. and shall take into account water conservation
873and other demand management measures, as well as water resources
874constraints, including adopted minimum flows and levels and
875water reservations. When the district determines it is
876appropriate, the plan should specifically identify the need for
877multijurisdictional approaches to project options that, based on
878planning level analysis, are appropriate to supply the intended
879uses and that, based on such analysis, appear to be permittable
880and financially and technically feasible. The list of water
881supply development options must contain provisions that
882recognize that alternative water supply options for agricultural
883self-suppliers are limited. For each project option identified,
884the following shall be provided:
885     a.  An estimate of the amount of water to become available
886through the project.
887     b.  The timeframe in which the project option should be
888implemented and the estimated planning-level costs for capital
889investment and operating and maintaining the project.
890     c.  An analysis of funding needs and sources of possible
891funding options. For alternative water supply projects, the
892water management districts shall provide funding assistance in
893accordance with s. 373.711(8).
894     d.  Identification of the entity that should implement each
895project option and the current status of project implementation.
896     (b)  A water resource development component that includes:
897     1.  A listing of those water resource development projects
898that support water supply development.
899     2.  For each water resource development project listed:
900     a.  An estimate of the amount of water to become available
901through the project.
902     b.  The timeframe in which the project option should be
903implemented and the estimated planning-level costs for capital
904investment and for operating and maintaining the project.
905     c.  An analysis of funding needs and sources of possible
906funding options.
907     d.  Identification of the entity that should implement each
908project option and the current status of project implementation.
909     (c)  The recovery and prevention strategy described in s.
910373.0421(2).
911     (d)  A funding strategy for water resource development
912projects, which shall be reasonable and sufficient to pay the
913cost of constructing or implementing all of the listed projects.
914     (e)  Consideration of how the project options addressed in
915paragraph (a) serve the public interest or save costs overall by
916preventing the loss of natural resources or avoiding greater
917future expenditures for water resource development or water
918supply development. However, unless adopted by rule, these
919considerations do not constitute final agency action.
920     (f)  The technical data and information applicable to each
921planning region which are necessary to support the regional
922water supply plan.
923     (g)  The minimum flows and levels established for water
924resources within each planning region.
925     (h)  Reservations of water adopted by rule pursuant to s.
926373.223(4) within each planning region.
927     (i)  Identification of surface waters or aquifers for which
928minimum flows and levels are scheduled to be adopted.
929     (j)  An analysis, developed in cooperation with the
930department, of areas or instances in which the variance
931provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to
932create water supply development or water resource development
933projects.
934     (3)  The South Florida Water Management District shall
935include in its regional water supply plan water resource and
936water supply development projects that promote the elimination
937of wastewater ocean outfalls as provided in s. 403.086(9).
938     (4)  The water supply development component of a regional
939water supply plan which deals with or affects public utilities
940and public water supply for those areas served by a regional
941water supply authority and its member governments within the
942boundary of the Southwest Florida Water Management District
943shall be developed jointly by the authority and the district. In
944areas not served by regional water supply authorities, or other
945multijurisdictional water supply entities, and where
946opportunities exist to meet water supply needs more efficiently
947through multijurisdictional projects identified pursuant to
948paragraph (2)(a), water management districts are directed to
949assist in developing multijurisdictional approaches to water
950supply project development jointly with affected water
951utilities, special districts, and local governments.
952     (5)  Governing board approval of a regional water supply
953plan shall not be subject to the rulemaking requirements of
954chapter 120. However, any portion of an approved regional water
955supply plan which affects the substantial interests of a party
956shall be subject to s. 120.569.
957     (6)  Annually and in conjunction with the reporting
958requirements of s. 373.536(6)(a)4., the department shall submit
959to the Governor and the Legislature a report on the status of
960regional water supply planning in each district. The report
961shall include:
962     (a)  A compilation of the estimated costs of and potential
963sources of funding for water resource development and water
964supply development projects as identified in the water
965management district regional water supply plans.
966     (b)  The percentage and amount, by district, of district ad
967valorem tax revenues or other district funds made available to
968develop alternative water supplies.
969     (c)  A description of each district's progress toward
970achieving its water resource development objectives, including
971the district's implementation of its 5-year water resource
972development work program.
973     (d)  An assessment of the specific progress being made to
974implement each alternative water supply project option chosen by
975the entities and identified for implementation in the plan.
976     (e)  An overall assessment of the progress being made to
977develop water supply in each district, including, but not
978limited to, an explanation of how each project, either
979alternative or traditional, will produce, contribute to, or
980account for additional water being made available for
981consumptive uses, an estimate of the quantity of water to be
982produced by each project, and an assessment of the contribution
983of the district's regional water supply plan in providing
984sufficient water to meet the needs of existing and future
985reasonable-beneficial uses for a 1-in-10 year drought event, as
986well as the needs of the natural systems.
987     (7)  Nothing contained in the water supply development
988component of a regional water supply plan shall be construed to
989require local governments, government-owned or privately owned
990water utilities, special districts, self-suppliers, regional
991water supply authorities, multijurisdictional water supply
992entities, or other water suppliers to select a water supply
993development project identified in the component merely because
994it is identified in the plan. Except as provided in s.
995373.223(3) and (5), the plan may not be used in the review of
996permits under part II unless the plan or an applicable portion
997thereof has been adopted by rule. However, this subsection shall
998not prohibit a water management district from employing the data
999or other information used to establish the plan in reviewing
1000permits under part II, nor shall it limit the authority of the
1001department or governing board under part II.
1002     (8)  Where the water supply component of a water supply
1003planning region shows the need for one or more alternative water
1004supply projects, the district shall notify the affected local
1005governments and make every reasonable effort to educate and
1006involve local public officials in working toward solutions in
1007conjunction with the districts and, where appropriate, other
1008local and regional water supply entities.
1009     (a)  Within 6 months after approval or amendment of its
1010regional water supply plan, each water management district shall
1011notify by certified mail each entity identified in sub-
1012subparagraph (2)(a)2.d. of that portion of the plan relevant to
1013the entity. Upon request of such an entity, the water management
1014district shall appear before and present its findings and
1015recommendations to the entity.
1016     (b)  Within 1 year after the notification by a water
1017management district pursuant to paragraph (a), each entity
1018identified in sub-subparagraph (2)(a)2.d. shall provide to the
1019water management district written notification of the following:
1020the alternative water supply projects or options identified in
1021paragraph (2)(a) which it has developed or intends to develop,
1022if any; an estimate of the quantity of water to be produced by
1023each project; and the status of project implementation,
1024including development of the financial plan, facilities master
1025planning, permitting, and efforts in coordinating
1026multijurisdictional projects, if applicable. The information
1027provided in the notification shall be updated annually, and a
1028progress report shall be provided by November 15 of each year to
1029the water management district. If an entity does not intend to
1030develop one or more of the alternative water supply project
1031options identified in the regional water supply plan, the entity
1032shall propose, within 1 year after notification by a water
1033management district pursuant to paragraph (a), another
1034alternative water supply project option sufficient to address
1035the needs identified in paragraph (2)(a) within the entity's
1036jurisdiction and shall provide an estimate of the quantity of
1037water to be produced by the project and the status of project
1038implementation as described in this paragraph. The entity may
1039request that the water management district consider the other
1040project for inclusion in the regional water supply plan.
1041     373.715  Technical assistance to local governments.--
1042     (1)  The water management districts shall assist local
1043governments in the development and future revision of local
1044government comprehensive plan elements or public facilities
1045report, as required by s. 189.415, related to water supply
1046issues by annually providing to all local governments within the
1047jurisdiction current relevant information, including, but not
1048limited to:
1049     (a)  Information and data to assist local governments in
1050preparation of the 10-year work plan required to be included in
1051the local government comprehensive plan pursuant to s.
1052163.3177(6)(c).
1053     (b)  A description of regulations, programs, and schedules
1054implemented by the district.
1055     (c)  A description of groundwater characteristics,
1056including existing and planned wellfield sites, existing and
1057anticipated cones of influence, highly productive groundwater
1058areas, aquifer recharge areas, deep well injection zones,
1059contaminated areas, an assessment of regional water resource
1060needs and sources for the next 20 years, and water quality.
1061     (d)  Information reflecting the existing minimum flows for
1062surface watercourses to avoid harm to water resources or the
1063ecosystem and information reflecting the existing minimum water
1064levels for aquifers to avoid harm to water resources or the
1065ecosystem.
1066     (e)  Information reflecting existing reservations of water
1067for the protection of fish and wildlife or the public health and
1068safety pursuant to s. 373.223(4).
1069     (f)  Identification of surface waters and aquifers for
1070which minimum flows and levels are scheduled to be adopted.
1071     (2)  Upon request, the district shall provide technical
1072assistance to local governments in the development of water
1073supply development project options identified in s.
1074373.713(2)(a).
1075     373.717  Regional water supply authorities.--
1076     (1)  By interlocal agreement between counties,
1077municipalities, or special districts, as applicable pursuant to
1078s. 163.01 and upon the approval of the Secretary of the
1079Department of Environmental Protection to ensure that such
1080agreement will be in the public interest and complies with the
1081intent and purposes of this act, regional water supply
1082authorities may be created for the purpose of developing,
1083recovering, storing, and supplying water for county or municipal
1084purposes in such a manner as will give priority to reducing
1085adverse environmental effects of excessive or improper
1086withdrawals of water from concentrated areas. In approving such
1087agreement, the Secretary of Environmental Protection shall
1088consider, but not be limited to, the following:
1089     (a)  Whether the geographic territory of the proposed
1090authority is of sufficient size and character to reduce the
1091environmental effects of improper or excessive withdrawals of
1092water from concentrated areas.
1093     (b)  The maximization of economic development of the water
1094resources within the territory of the proposed authority.
1095     (c)  The availability of a dependable and adequate water
1096supply.
1097     (d)  The ability of any proposed authority to design,
1098construct, operate, and maintain water supply facilities in the
1099locations and at the times necessary to ensure that an adequate
1100water supply will be available to all citizens within the
1101authority.
1102     (e)  The effect or impact of any proposed authority on any
1103municipality, county, or existing authority or authorities.
1104     (f)  The existing needs of the water users within the area
1105of the authority.
1106     (2)  In addition to other powers and duties agreed upon and
1107notwithstanding the provisions of s. 163.01, such authority may:
1108     (a)  Upon approval of the electors residing in each county
1109or municipality within the territory to be included in any
1110authority, levy ad valorem taxes, not to exceed 0.5 mill,
1111pursuant to s. 9(b), Art. VII of the State Constitution. No tax
1112authorized by this paragraph shall be levied in any county or
1113municipality without an affirmative vote of the electors
1114residing in such county or municipality.
1115     (b)  Acquire water; develop, store, and transport water;
1116provide, sell, and deliver water for county or municipal uses
1117and purposes; and provide for the furnishing of such water and
1118water service upon terms and conditions and at rates that will
1119apportion to parties and nonparties an equitable share of the
1120capital cost and operating expense of the authority's work to
1121the purchaser.
1122     (c)  Collect, treat, and recover wastewater.
1123     (d)  Not engage in local distribution.
1124     (e)  Exercise the power of eminent domain in the manner
1125provided by law for the condemnation of private property for
1126public use to acquire title to such interest in real property as
1127is necessary to the exercise of the powers granted in this
1128section, except water already devoted to reasonable and
1129beneficial use or any water production or transmission
1130facilities owned by any county or municipality.
1131     (f)  Issue revenue bonds in the manner prescribed by the
1132Revenue Bond Act of 1953, as amended, part I of chapter 159, to
1133be payable solely from funds derived from the sale of water by
1134the authority to any county or municipality. Such bonds may be
1135additionally secured by the full faith and credit of any county
1136or municipality, as provided by s. 159.16, or by a pledge of
1137excise taxes, as provided by s. 159.19. For the purpose of
1138issuing revenue bonds, an authority shall be considered a
1139"unit," as defined in s. 159.02(2), and as that term is used in
1140the Revenue Bond Act of 1953, as amended. Such bonds may be
1141issued to finance the cost of acquiring properties and
1142facilities for the production and transmission of water by the
1143authority to any county or municipality, which cost shall
1144include the acquisition of real property and easements therein
1145for such purposes. Such bonds may be in the form of refunding
1146bonds to take up any outstanding bonds of the authority or of
1147any county or municipality when such outstanding bonds are
1148secured by properties and facilities for production and
1149transmission of water, which properties and facilities are being
1150acquired by the authority. Refunding bonds may be issued to take
1151up and refund all outstanding bonds of the authority that are
1152subject to call and termination and all bonds of the authority
1153that are not subject to call or redemption when the surrender of
1154such bonds can be procured from the holder thereof at prices
1155satisfactory to the authority. Such refunding bonds may be
1156issued at any time when, in the judgment of the authority, it
1157will be in the best interest of the authority financially or
1158economically by securing a lower rate of interest on such bonds
1159or by extending the time of maturity of such bonds or, for any
1160other reason, in the judgment of the authority, advantageous to
1161the authority.
1162     (g)  Sue and be sued in its own name.
1163     (h)  Borrow money and incur indebtedness and issue bonds or
1164other evidence of such indebtedness.
1165     (i)  Join with one or more other public corporations for
1166the purpose of carrying out any of its powers and, for that
1167purpose, to contract with such other public corporation or
1168corporations for the purpose of financing such acquisitions,
1169construction, and operations. Such contracts may provide for
1170contributions to be made by each party thereto, for the division
1171and apportionment of the expenses of such acquisitions and
1172operations, and for the division and apportionment of the
1173benefits, services, and products therefrom. Such contract may
1174contain such other and further covenants and agreements as may
1175be necessary and convenient to accomplish the purposes
1176authorized in this paragraph.
1177     (3)  A regional water supply authority is authorized to
1178develop, construct, operate, maintain, or contract for
1179alternative sources of potable water, including desalinated
1180water, and pipelines to interconnect authority sources and
1181facilities, either by itself or jointly with a water management
1182district; however, such alternative potable water sources,
1183facilities, and pipelines may also be privately developed,
1184constructed, owned, operated, and maintained, in which event an
1185authority and a water management district are authorized to
1186pledge and contribute their funds to reduce the wholesale cost
1187of water from such alternative sources of potable water supplied
1188by an authority to its member governments.
1189     (4)  When it is found to be in the public interest, for the
1190public convenience and welfare, for a public benefit, and
1191necessary for carrying out the purpose of any regional water
1192supply authority, any state agency, county, water control
1193district existing pursuant to chapter 298, water management
1194district existing pursuant to this chapter, municipality,
1195governmental agency, or public corporation in this state holding
1196title to any interest in land is hereby authorized, in its
1197discretion, to convey the title to or dedicate land, title to
1198which is in such entity, including tax-reverted land, or to
1199grant use-rights therein, to any regional water supply authority
1200created pursuant to this section. Land granted or conveyed to
1201such authority shall be for the public purposes of such
1202authority and may be made subject to the condition that in the
1203event such land is not so used, or if used and subsequently its
1204use for such purpose is abandoned, the interest granted shall
1205cease as to such authority and shall automatically revert to the
1206granting entity.
1207     (5)  Each county, special district, or municipality that is
1208a party to an agreement pursuant to subsection (1) shall have a
1209preferential right to purchase water from the regional water
1210supply authority for use by such county, special district, or
1211municipality.
1212     (6)  In carrying out the provisions of this section, any
1213county wherein water is withdrawn by the authority shall not be
1214deprived, directly or indirectly, of the prior right to the
1215reasonable and beneficial use of water which is required
1216adequately to supply the reasonable and beneficial needs of the
1217county or any of the inhabitants or property owners in the
1218county.
1219     (7)  Upon a resolution adopted by the governing body of any
1220county or municipality, the authority may, subject to a majority
1221vote of its voting members, include such county or municipality
1222in its regional water supply authority upon such terms and
1223conditions as may be prescribed.
1224     (8)  The authority shall design, construct, operate, and
1225maintain facilities in the locations and at the times necessary
1226to ensure that an adequate water supply will be available to all
1227citizens within the authority.
1228     (9)  Where a water supply authority exists pursuant to this
1229section or s. 373.719 under a voluntary interlocal agreement
1230that is consistent with requirements in s. 373.719(1)(b) and
1231receives or maintains consumptive use permits under this
1232voluntary agreement consistent with the water supply plan, if
1233any, adopted by the governing board, such authority shall be
1234exempt from consideration by the governing board or department
1235of the factors specified in s. 373.223(3)(a)-(g) and the
1236submissions required by s. 373.229(3). Such exemptions shall
1237apply only to water sources within the jurisdictional areas of
1238such voluntary water supply interlocal agreements.
1239     373.719  Assistance to Tampa Bay Water.--
1240     (1)  It is the intent of the Legislature to authorize the
1241implementation of changes in governance recommended by the West
1242Coast Regional Water Supply Authority, the predecessor to Tampa
1243Bay Water, in its reports to the Legislature dated February 1,
12441997, and January 5, 1998. The authority and its member
1245governments may reconstitute the authority's governance and
1246rename the authority under a voluntary interlocal agreement with
1247a term of at least 20 years. The interlocal agreement must
1248comply with this subsection as follows:
1249     (a)  The authority and its member governments must agree
1250that cooperative efforts are mandatory to meet their water needs
1251in a manner that will provide adequate and dependable supplies
1252of water where needed without resulting in adverse environmental
1253effects upon the areas from which the water is withdrawn or
1254otherwise produced.
1255     (b)  In accordance with s. 4, Art. VIII of the State
1256Constitution and notwithstanding s. 163.01, the interlocal
1257agreement may include the following terms, which are considered
1258approved by the parties without a vote of their electors, upon
1259execution of the interlocal agreement by all member governments
1260and upon satisfaction of all conditions precedent in the
1261interlocal agreement:
1262     1.  All member governments shall relinquish to the
1263authority their individual rights to develop potable water
1264supply sources, except as otherwise provided in the interlocal
1265agreement.
1266     2.  The authority shall be the sole and exclusive wholesale
1267potable water supplier for all member governments.
1268     3.  The authority shall have the absolute and unequivocal
1269obligation to meet the wholesale needs of the member governments
1270for potable water.
1271     4.  A member government may not restrict or prohibit the
1272use of land within a member's jurisdictional boundaries by the
1273authority for water supply purposes through the use of zoning,
1274land use, comprehensive planning, or other form of regulation.
1275     5.  A member government may not impose any tax, fee, or
1276charge upon the authority in conjunction with the production or
1277supply of water not otherwise provided for in the interlocal
1278agreement.
1279     6.  The authority may use the powers provided in part II of
1280chapter 159 for financing and refinancing water treatment,
1281production, or transmission facilities, including, but not
1282limited to, desalination facilities. All such water treatment,
1283production, or transmission facilities are considered a
1284manufacturing plant for purposes of s. 159.27(5) and serve a
1285paramount public purpose by providing water to citizens of the
1286state.
1287     7.  A member government and any governmental or quasi-
1288judicial board or commission established by local ordinance or
1289general or special law when the governing membership of such
1290board or commission is shared, in whole or in part, or appointed
1291by a member government agreeing to be bound by the interlocal
1292agreement shall be limited to the procedures set forth in the
1293interlocal agreement regarding actions that directly or
1294indirectly restrict or prohibit the use of lands or other
1295activities related to the production or supply of water.
1296     (c)  The authority shall acquire full or lesser interests
1297in all regionally significant member government wholesale water
1298supply facilities and tangible assets and each member government
1299shall convey such interests in the facilities and assets to the
1300authority, at an agreed value.
1301     (d)  The authority shall charge a uniform per gallon
1302wholesale rate to member governments for the wholesale supply of
1303potable water. All capital, operation, maintenance, and
1304administrative costs for existing facilities and acquired
1305facilities, authority master water plan facilities, and other
1306future projects must be allocated to member governments based on
1307water usage at the uniform per-gallon wholesale rate.
1308     (e)  The interlocal agreement may include procedures for
1309resolving the parties' differences regarding water management
1310district proposed agency action in the water use permitting
1311process within the authority. Such procedures should minimize
1312the potential for litigation and include alternative dispute
1313resolution. Any governmental or quasi-judicial board or
1314commission established by local ordinance or general or special
1315law where the governing members of such board or commission are
1316shared, in whole or in part, or appointed by a member government
1317may agree to be bound by the dispute resolution procedures set
1318forth in the interlocal agreement.
1319     (f)  Upon execution of the voluntary interlocal agreement
1320provided for in this section, the authority shall jointly
1321develop with the Southwest Florida Water Management District
1322alternative sources of potable water and transmission pipelines
1323to interconnect regionally significant water supply sources and
1324facilities of the authority in amounts sufficient to meet the
1325needs of all member governments for a period of at least 20
1326years and for natural systems. Nothing in this section, however,
1327shall preclude the authority and its member governments from
1328developing traditional water sources pursuant to the voluntary
1329interlocal agreement. Development and construction costs for
1330alternative source facilities, which may include a desalination
1331facility and significant regional interconnects, must be borne
1332as mutually agreed to by both the authority and the Southwest
1333Florida Water Management District. Nothing in this section shall
1334preclude authority or district cost sharing with private
1335entities for the construction or ownership of alternative source
1336facilities. By December 31, 1997, the authority and the
1337Southwest Florida Water Management District shall:
1338     1.  Enter into a mutually acceptable agreement detailing
1339the development and implementation of directives contained in
1340this paragraph; or
1341     2.  Jointly prepare and submit to the President of the
1342Senate and the Speaker of the House of Representatives a report
1343describing the progress made and impediments encountered in
1344their attempts to implement the water resource development and
1345water supply development directives contained in this paragraph.
1346Nothing in this section shall be construed to modify the rights
1347or responsibilities of the authority or its member governments,
1348except as otherwise provided in this section, or of the
1349Southwest Florida Water Management District or the department
1350pursuant to this chapter or chapter 403 and as otherwise set
1351forth by law.
1352     (g)  Unless otherwise provided in the interlocal agreement,
1353the authority shall be governed by a board of commissioners
1354consisting of nine voting members, all of whom must be elected
1355officers, as follows:
1356     1.  Three members from Hillsborough County who must be
1357selected by the county commission; provided, however, that one
1358member shall be selected by the Mayor of Tampa in the event that
1359the City of Tampa elects to be a member of the authority.
1360     2.  Three members from Pasco County, two of whom must be
1361selected by the county commission and one of whom must be
1362selected by the City Council of New Port Richey.
1363     3.  Three members from Pinellas County, two of whom must be
1364selected by the county commission and one of whom must be
1365selected by the City Council of St. Petersburg. Except as
1366otherwise provided in this section or in the voluntary
1367interlocal agreement between the member governments, a majority
1368vote shall bind the authority and its member governments in all
1369matters relating to the funding of wholesale water supply,
1370production, delivery, and related activities.
1371     (2)  The provisions of this section supersede any
1372conflicting provisions contained in all other general or special
1373laws or provisions thereof as they may apply directly or
1374indirectly to the exclusivity of water supply or withdrawal of
1375water, including provisions relating to the environmental
1376effects, if any, in conjunction with the production and supply
1377of potable water, and the provisions of this section are
1378intended to be a complete revision of all laws related to a
1379regional water supply authority created under s. 373.717 and
1380this section.
1381     (3)  The authority shall prepare its annual budget in the
1382same manner as prescribed for the preparation of basin budgets,
1383but such authority budget shall not be subject to review by the
1384respective basin boards or by the governing board of the
1385district.
1386     (4)  The annual millage for the authority shall be the
1387amount required to raise the amount called for by the annual
1388budget when applied to the total assessment on all taxable
1389property within the limits of the authority, as determined for
1390county taxing purposes.
1391     (5)  The authority may, by resolution, request the
1392governing board of the district to levy ad valorem taxes within
1393the boundaries of the authority. Upon receipt of such request,
1394together with formal certification of the adoption of its annual
1395budget and of the required tax levy, the authority tax levy
1396shall be made by the governing board of the district to finance
1397authority functions.
1398     (6)  The taxes provided for in this section shall be
1399extended by the property appraiser on the county tax roll in
1400each county within, or partly within, the authority boundaries
1401and shall be collected by the tax collector in the same manner
1402and time as county taxes, and the proceeds therefrom paid to the
1403district, which shall forthwith pay them over to the authority.
1404Until paid, such taxes shall be a lien on the property against
1405which assessed and enforceable in like manner as county taxes.
1406The property appraisers, tax collectors, and clerks of the
1407circuit court of the respective counties shall be entitled to
1408compensation for services performed in connection with such
1409taxes at the same rates as apply to county taxes.
1410     (7)  The governing board of the district shall not be
1411responsible for any actions or lack of actions by the authority.
1412     Section 2.  Subsection (4) of section 11.80, Florida
1413Statutes, is amended to read:
1414     11.80  Joint Legislative Committee on Everglades
1415Oversight.--
1416     (4)  Annually, no later than March 1, as part of the
1417consolidated annual report required by s. 373.036(5)(7), the
1418South Florida Water Management District shall report to the
1419Joint Legislative Committee on Everglades Oversight on the
1420status of the implementation of the Everglades Forever Act. Such
1421report shall include, but is not limited to:
1422     (a)  Progress on the Everglades Construction Project.
1423     (b)  Changes to the Everglades Construction Project.
1424     (c)  Actual revenues, compared to projected revenues.
1425     (d)  Projected acquisition costs, construction costs,
1426operation and maintenance costs, and projected revenues, over
1427the succeeding 5 years.
1428     Section 3.  Subsection (13) of section 120.52, Florida
1429Statutes, is amended to read:
1430     120.52  Definitions.--As used in this act:
1431     (13)  "Party" means:
1432     (a)  Specifically named persons whose substantial interests
1433are being determined in the proceeding.
1434     (b)  Any other person who, as a matter of constitutional
1435right, provision of statute, or provision of agency regulation,
1436is entitled to participate in whole or in part in the
1437proceeding, or whose substantial interests will be affected by
1438proposed agency action, and who makes an appearance as a party.
1439     (c)  Any other person, including an agency staff member,
1440allowed by the agency to intervene or participate in the
1441proceeding as a party. An agency may by rule authorize limited
1442forms of participation in agency proceedings for persons who are
1443not eligible to become parties.
1444     (d)  Any county representative, agency, department, or unit
1445funded and authorized by state statute or county ordinance to
1446represent the interests of the consumers of a county, when the
1447proceeding involves the substantial interests of a significant
1448number of residents of the county and the board of county
1449commissioners has, by resolution, authorized the representative,
1450agency, department, or unit to represent the class of interested
1451persons. The authorizing resolution shall apply to a specific
1452proceeding and to appeals and ancillary proceedings thereto, and
1453it shall not be required to state the names of the persons whose
1454interests are to be represented.
1455
1456The term "party" does not include a member government of a
1457regional water supply authority or a governmental or quasi-
1458judicial board or commission established by local ordinance or
1459special or general law where the governing membership of such
1460board or commission is shared with, in whole or in part, or
1461appointed by a member government of a regional water supply
1462authority in proceedings under s. 120.569, s. 120.57, or s.
1463120.68, to the extent that an interlocal agreement under ss.
1464163.01 and 373.717 373.1962 exists in which the member
1465government has agreed that its substantial interests are not
1466affected by the proceedings or that it is to be bound by
1467alternative dispute resolution in lieu of participating in the
1468proceedings. This exclusion applies only to those particular
1469types of disputes or controversies, if any, identified in an
1470interlocal agreement.
1471     Section 4.  Subsection (13) of section 163.3167, Florida
1472Statutes, is amended to read:
1473     163.3167  Scope of act.--
1474     (13)  Each local government shall address in its
1475comprehensive plan, as enumerated in this chapter, the water
1476supply sources necessary to meet and achieve the existing and
1477projected water use demand for the established planning period,
1478considering the applicable plan developed pursuant to s. 373.713
1479373.0361.
1480     Section 5.  Paragraph (a) of subsection (4) and paragraphs
1481(c), (d), and (h) of subsection (6) of section 163.3177, Florida
1482Statutes, are amended to read:
1483     163.3177  Required and optional elements of comprehensive
1484plan; studies and surveys.--
1485     (4)(a)  Coordination of the local comprehensive plan with
1486the comprehensive plans of adjacent municipalities, the county,
1487adjacent counties, or the region; with the appropriate water
1488management district's regional water supply plans approved
1489pursuant to s. 373.713 373.0361; with adopted rules pertaining
1490to designated areas of critical state concern; and with the
1491state comprehensive plan shall be a major objective of the local
1492comprehensive planning process. To that end, in the preparation
1493of a comprehensive plan or element thereof, and in the
1494comprehensive plan or element as adopted, the governing body
1495shall include a specific policy statement indicating the
1496relationship of the proposed development of the area to the
1497comprehensive plans of adjacent municipalities, the county,
1498adjacent counties, or the region and to the state comprehensive
1499plan, as the case may require and as such adopted plans or plans
1500in preparation may exist.
1501     (6)  In addition to the requirements of subsections (1)-(5)
1502and (12), the comprehensive plan shall include the following
1503elements:
1504     (c)  A general sanitary sewer, solid waste, drainage,
1505potable water, and natural groundwater aquifer recharge element
1506correlated to principles and guidelines for future land use,
1507indicating ways to provide for future potable water, drainage,
1508sanitary sewer, solid waste, and aquifer recharge protection
1509requirements for the area. The element may be a detailed
1510engineering plan including a topographic map depicting areas of
1511prime groundwater recharge. The element shall describe the
1512problems and needs and the general facilities that will be
1513required for solution of the problems and needs. The element
1514shall also include a topographic map depicting any areas adopted
1515by a regional water management district as prime groundwater
1516recharge areas for the Floridan or Biscayne aquifers, pursuant
1517to s. 373.0397. These areas shall be given special consideration
1518when the local government is engaged in zoning or considering
1519future land use for said designated areas. For areas served by
1520septic tanks, soil surveys shall be provided which indicate the
1521suitability of soils for septic tanks. Within 18 months after
1522the governing board approves an updated regional water supply
1523plan, the element must incorporate the alternative water supply
1524project or projects selected by the local government from those
1525identified in the regional water supply plan pursuant to s.
1526373.713 373.0361(2)(a) or proposed by the local government under
1527s. 373.713 373.0361(7)(b). If a local government is located
1528within two water management districts, the local government
1529shall adopt its comprehensive plan amendment within 18 months
1530after the later updated regional water supply plan. The element
1531must identify such alternative water supply projects and
1532traditional water supply projects and conservation and reuse
1533necessary to meet the water needs identified in s. 373.713
1534373.0361(2)(a) within the local government's jurisdiction and
1535include a work plan, covering at least a 10 year planning
1536period, for building public, private, and regional water supply
1537facilities, including development of alternative water supplies,
1538which are identified in the element as necessary to serve
1539existing and new development. The work plan shall be updated, at
1540a minimum, every 5 years within 18 months after the governing
1541board of a water management district approves an updated
1542regional water supply plan. Amendments to incorporate the work
1543plan do not count toward the limitation on the frequency of
1544adoption of amendments to the comprehensive plan. Local
1545governments, public and private utilities, regional water supply
1546authorities, special districts, and water management districts
1547are encouraged to cooperatively plan for the development of
1548multijurisdictional water supply facilities that are sufficient
1549to meet projected demands for established planning periods,
1550including the development of alternative water sources to
1551supplement traditional sources of groundwater and surface water
1552supplies.
1553     (d)  A conservation element for the conservation, use, and
1554protection of natural resources in the area, including air,
1555water, water recharge areas, wetlands, waterwells, estuarine
1556marshes, soils, beaches, shores, flood plains, rivers, bays,
1557lakes, harbors, forests, fisheries and wildlife, marine habitat,
1558minerals, and other natural and environmental resources,
1559including factors that affect energy conservation. Local
1560governments shall assess their current, as well as projected,
1561water needs and sources for at least a 10-year period,
1562considering the appropriate regional water supply plan approved
1563pursuant to s. 373.713 373.0361, or, in the absence of an
1564approved regional water supply plan, the district water supply
1565management plan approved pursuant to s. 373.707 373.036(2). This
1566information shall be submitted to the appropriate agencies. The
1567land use map or map series contained in the future land use
1568element shall generally identify and depict the following:
1569     1.  Existing and planned waterwells and cones of influence
1570where applicable.
1571     2.  Beaches and shores, including estuarine systems.
1572     3.  Rivers, bays, lakes, flood plains, and harbors.
1573     4.  Wetlands.
1574     5.  Minerals and soils.
1575     6.  Energy conservation.
1576
1577The land uses identified on such maps shall be consistent with
1578applicable state law and rules.
1579     (h)1.  An intergovernmental coordination element showing
1580relationships and stating principles and guidelines to be used
1581in the accomplishment of coordination of the adopted
1582comprehensive plan with the plans of school boards, regional
1583water supply authorities, and other units of local government
1584providing services but not having regulatory authority over the
1585use of land, with the comprehensive plans of adjacent
1586municipalities, the county, adjacent counties, or the region,
1587with the state comprehensive plan and with the applicable
1588regional water supply plan approved pursuant to s. 373.713
1589373.0361, as the case may require and as such adopted plans or
1590plans in preparation may exist. This element of the local
1591comprehensive plan shall demonstrate consideration of the
1592particular effects of the local plan, when adopted, upon the
1593development of adjacent municipalities, the county, adjacent
1594counties, or the region, or upon the state comprehensive plan,
1595as the case may require.
1596     a.  The intergovernmental coordination element shall
1597provide for procedures to identify and implement joint planning
1598areas, especially for the purpose of annexation, municipal
1599incorporation, and joint infrastructure service areas.
1600     b.  The intergovernmental coordination element shall
1601provide for recognition of campus master plans prepared pursuant
1602to s. 1013.30.
1603     c.  The intergovernmental coordination element may provide
1604for a voluntary dispute resolution process as established
1605pursuant to s. 186.509 for bringing to closure in a timely
1606manner intergovernmental disputes. A local government may
1607develop and use an alternative local dispute resolution process
1608for this purpose.
1609     2.  The intergovernmental coordination element shall
1610further state principles and guidelines to be used in the
1611accomplishment of coordination of the adopted comprehensive plan
1612with the plans of school boards and other units of local
1613government providing facilities and services but not having
1614regulatory authority over the use of land. In addition, the
1615intergovernmental coordination element shall describe joint
1616processes for collaborative planning and decisionmaking on
1617population projections and public school siting, the location
1618and extension of public facilities subject to concurrency, and
1619siting facilities with countywide significance, including
1620locally unwanted land uses whose nature and identity are
1621established in an agreement. Within 1 year of adopting their
1622intergovernmental coordination elements, each county, all the
1623municipalities within that county, the district school board,
1624and any unit of local government service providers in that
1625county shall establish by interlocal or other formal agreement
1626executed by all affected entities, the joint processes described
1627in this subparagraph consistent with their adopted
1628intergovernmental coordination elements.
1629     3.  To foster coordination between special districts and
1630local general-purpose governments as local general-purpose
1631governments implement local comprehensive plans, each
1632independent special district must submit a public facilities
1633report to the appropriate local government as required by s.
1634189.415.
1635     4.a.  Local governments must execute an interlocal
1636agreement with the district school board, the county, and
1637nonexempt municipalities pursuant to s. 163.31777. The local
1638government shall amend the intergovernmental coordination
1639element to provide that coordination between the local
1640government and school board is pursuant to the agreement and
1641shall state the obligations of the local government under the
1642agreement.
1643     b.  Plan amendments that comply with this subparagraph are
1644exempt from the provisions of s. 163.3187(1).
1645     5.  The state land planning agency shall establish a
1646schedule for phased completion and transmittal of plan
1647amendments to implement subparagraphs 1., 2., and 3. from all
1648jurisdictions so as to accomplish their adoption by December 31,
16491999. A local government may complete and transmit its plan
1650amendments to carry out these provisions prior to the scheduled
1651date established by the state land planning agency. The plan
1652amendments are exempt from the provisions of s. 163.3187(1).
1653     6.  By January 1, 2004, any county having a population
1654greater than 100,000, and the municipalities and special
1655districts within that county, shall submit a report to the
1656Department of Community Affairs which:
1657     a.  Identifies all existing or proposed interlocal service
1658delivery agreements regarding the following: education; sanitary
1659sewer; public safety; solid waste; drainage; potable water;
1660parks and recreation; and transportation facilities.
1661     b.  Identifies any deficits or duplication in the provision
1662of services within its jurisdiction, whether capital or
1663operational. Upon request, the Department of Community Affairs
1664shall provide technical assistance to the local governments in
1665identifying deficits or duplication.
1666     7.  Within 6 months after submission of the report, the
1667Department of Community Affairs shall, through the appropriate
1668regional planning council, coordinate a meeting of all local
1669governments within the regional planning area to discuss the
1670reports and potential strategies to remedy any identified
1671deficiencies or duplications.
1672     8.  Each local government shall update its
1673intergovernmental coordination element based upon the findings
1674in the report submitted pursuant to subparagraph 6. The report
1675may be used as supporting data and analysis for the
1676intergovernmental coordination element.
1677     Section 6.  Paragraph (l) of subsection (2) of section
1678163.3191, Florida Statutes, is amended to read:
1679     163.3191  Evaluation and appraisal of comprehensive plan.--
1680     (2)  The report shall present an evaluation and assessment
1681of the comprehensive plan and shall contain appropriate
1682statements to update the comprehensive plan, including, but not
1683limited to, words, maps, illustrations, or other media, related
1684to:
1685     (l)  The extent to which the local government has been
1686successful in identifying alternative water supply projects and
1687traditional water supply projects, including conservation and
1688reuse, necessary to meet the water needs identified in s.
1689373.713 373.0361(2)(a) within the local government's
1690jurisdiction. The report must evaluate the degree to which the
1691local government has implemented the work plan for building
1692public, private, and regional water supply facilities, including
1693development of alternative water supplies, identified in the
1694element as necessary to serve existing and new development.
1695     Section 7.  Paragraph (n) of subsection (2) of section
1696186.009, Florida Statutes, is amended to read:
1697     186.009  Growth management portion of the state
1698comprehensive plan.--
1699     (2)  The growth management portion of the state
1700comprehensive plan shall:
1701     (n)  Set forth recommendations on how to integrate the
1702Florida water supply plan required by s. 373.707 373.036 and
1703transportation plans required by chapter 339.
1704
1705The growth management portion of the state comprehensive plan
1706shall not include a land use map.
1707     Section 8.  Paragraphs (c) and (d) of subsection (4) of
1708section 189.404, Florida Statutes, are amended to read:
1709     189.404  Legislative intent for the creation of independent
1710special districts; special act prohibitions; model elements and
1711other requirements; general-purpose local government/Governor
1712and Cabinet creation authorizations.--
1713     (4)  LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION
1714AUTHORIZATIONS.--Except as otherwise authorized by general law,
1715only the Legislature may create independent special districts.
1716     (c)  The Governor and Cabinet may create an independent
1717special district which shall be established by rule in
1718accordance with s. 190.005 or as otherwise authorized in general
1719law. The Governor and Cabinet may also approve the establishment
1720of a charter for the creation of an independent special district
1721which shall be in accordance with s. 373.717 373.1962, or as
1722otherwise authorized in general law.
1723     (d)1.  Any combination of two or more counties may create a
1724regional special district which shall be established in
1725accordance with s. 950.001, or as otherwise authorized in
1726general law.
1727     2.  Any combination of two or more counties or
1728municipalities may create a regional special district which
1729shall be established in accordance with s. 373.717 373.1962, or
1730as otherwise authorized by general law.
1731     3.  Any combination of two or more counties,
1732municipalities, or other political subdivisions may create a
1733regional special district in accordance with s. 163.567, or as
1734otherwise authorized in general law.
1735     Section 9.  Subsection (3) of section 189.4155, Florida
1736Statutes, is amended to read:
1737     189.4155  Activities of special districts; local government
1738comprehensive planning.--
1739     (3)  The provisions of this section shall not apply to
1740water management districts created pursuant to s. 373.069, to
1741regional water supply authorities created pursuant to s. 373.717
1742373.1962, or to spoil disposal sites owned or used by the
1743Federal Government.
1744     Section 10.  Section 189.4156, Florida Statutes, is amended
1745to read:
1746     189.4156  Water management district technical assistance;
1747local government comprehensive planning.--Water management
1748districts shall assist local governments in the development of
1749local government comprehensive plan elements related to water
1750resource issues as required by s. 373.715 373.0391.
1751     Section 11.  Subsection (7) of section 367.021, Florida
1752Statutes, is amended to read:
1753     367.021  Definitions.--As used in this chapter, the
1754following words or terms shall have the meanings indicated:
1755     (7)  "Governmental authority" means a political
1756subdivision, as defined by s. 1.01(8), a regional water supply
1757authority created pursuant to s. 373.717 373.1962, or a
1758nonprofit corporation formed for the purpose of acting on behalf
1759of a political subdivision with respect to a water or wastewater
1760facility.
1761     Section 12.  Subsections (4), (5), and (6) of section
1762373.016, Florida Statutes, are amended to read:
1763     373.016  Declaration of policy.--
1764     (4)(a)  Because water constitutes a public resource
1765benefiting the entire state, it is the policy of the Legislature
1766that the waters in the state be managed on a state and regional
1767basis. Consistent with this directive, the Legislature
1768recognizes the need to allocate water throughout the state so as
1769to meet all reasonable-beneficial uses. However, the Legislature
1770acknowledges that such allocations have in the past adversely
1771affected the water resources of certain areas in this state. To
1772protect such water resources and to meet the current and future
1773needs of those areas with abundant water, the Legislature
1774directs the department and the water management districts to
1775encourage the use of water from sources nearest the area of use
1776or application whenever practicable. Such sources shall include
1777all naturally occurring water sources and all alternative water
1778sources, including, but not limited to, desalination,
1779conservation, reuse of nonpotable reclaimed water and
1780stormwater, and aquifer storage and recovery. Reuse of potable
1781reclaimed water and stormwater shall not be subject to the
1782evaluation described in s. 373.223(3)(a)-(g). However, this
1783directive to encourage the use of water, whenever practicable,
1784from sources nearest the area of use or application shall not
1785apply to the transport and direct and indirect use of water
1786within the area encompassed by the Central and Southern Florida
1787Flood Control Project, nor shall it apply anywhere in the state
1788to the transport and use of water supplied exclusively for
1789bottled water as defined in s. 500.03(1)(d), nor shall it apply
1790to the transport and use of reclaimed water for electrical power
1791production by an electric utility as defined in section
1792366.02(2).
1793     (b)  In establishing the policy outlined in paragraph (a),
1794the Legislature realizes that under certain circumstances the
1795need to transport water from distant sources may be necessary
1796for environmental, technical, or economic reasons.
1797     (4)(5)  The Legislature recognizes that the water resource
1798problems of the state vary from region to region, both in
1799magnitude and complexity. It is therefore the intent of the
1800Legislature to vest in the Department of Environmental
1801Protection or its successor agency the power and responsibility
1802to accomplish the conservation, protection, management, and
1803control of the waters of the state and with sufficient
1804flexibility and discretion to accomplish these ends through
1805delegation of appropriate powers to the various water management
1806districts. The department may exercise any power herein
1807authorized to be exercised by a water management district;
1808however, to the greatest extent practicable, such power should
1809be delegated to the governing board of a water management
1810district.
1811     (5)(6)  It is further declared the policy of the
1812Legislature that each water management district, to the extent
1813consistent with effective management practices, shall
1814approximate its fiscal and budget policies and procedures to
1815those of the state.
1816     Section 13.  Section 373.019, Florida Statutes, is amended
1817to read:
1818     373.019  Definitions.--When appearing in this chapter or in
1819any rule, regulation, or order adopted pursuant thereto, the
1820term:
1821     (1)  "Alternative water supplies" means salt water;
1822brackish surface and groundwater; surface water captured
1823predominately during wet-weather flows; sources made available
1824through the addition of new storage capacity for surface or
1825groundwater, water that has been reclaimed after one or more
1826public supply, municipal, industrial, commercial, or
1827agricultural uses; the downstream augmentation of water bodies
1828with reclaimed water; stormwater; and any other water supply
1829source that is designated as nontraditional for a water supply
1830planning region in the applicable regional water supply plan.
1831     (2)  "Capital costs" means planning, design, engineering,
1832and project construction costs.
1833     (1)(3)  "Coastal waters" means waters of the Atlantic Ocean
1834or the Gulf of Mexico within the jurisdiction of the state.
1835     (2)(4)  "Department" means the Department of Environmental
1836Protection or its successor agency or agencies.
1837     (3)(5)  "District water management plan" means the regional
1838water resource plan developed by a governing board under s.
1839373.036.
1840     (4)(6)  "Domestic use" means the use of water for the
1841individual personal household purposes of drinking, bathing,
1842cooking, or sanitation. All other uses shall not be considered
1843domestic.
1844     (5)(7)  "Florida water plan" means the state-level water
1845resource plan developed by the department under s. 373.036.
1846     (6)(8)  "Governing board" means the governing board of a
1847water management district.
1848     (7)(9)  "Groundwater" means water beneath the surface of
1849the ground, whether or not flowing through known and definite
1850channels.
1851     (8)(10)  "Impoundment" means any lake, reservoir, pond, or
1852other containment of surface water occupying a bed or depression
1853in the earth's surface and having a discernible shoreline.
1854     (9)(11)  "Independent scientific peer review" means the
1855review of scientific data, theories, and methodologies by a
1856panel of independent, recognized experts in the fields of
1857hydrology, hydrogeology, limnology, and other scientific
1858disciplines relevant to the matters being reviewed under s.
1859373.042.
1860     (12)  "Multijurisdictional water supply entity" means two
1861or more water utilities or local governments that have organized
1862into a larger entity, or entered into an interlocal agreement or
1863contract, for the purpose of more efficiently pursuing water
1864supply development or alternative water supply development
1865projects listed pursuant to a regional water supply plan.
1866     (10)(13)  "Nonregulated use" means any use of water which
1867is exempted from regulation by the provisions of this chapter.
1868     (11)(14)  "Other watercourse" means any canal, ditch, or
1869other artificial watercourse in which water usually flows in a
1870defined bed or channel. It is not essential that the flowing be
1871uniform or uninterrupted.
1872     (12)(15)  "Person" means any and all persons, natural or
1873artificial, including any individual, firm, association,
1874organization, partnership, business trust, corporation, company,
1875the United States of America, and the state and all political
1876subdivisions, regions, districts, municipalities, and public
1877agencies thereof. The enumeration herein is not intended to be
1878exclusive or exhaustive.
1879     (13)(16)  "Reasonable-beneficial use" means the use of
1880water in such quantity as is necessary for economic and
1881efficient utilization for a purpose and in a manner which is
1882both reasonable and consistent with the public interest.
1883     (17)  "Regional water supply plan" means a detailed water
1884supply plan developed by a governing board under s. 373.0361.
1885     (14)(18)  "Stream" means any river, creek, slough, or
1886natural watercourse in which water usually flows in a defined
1887bed or channel. It is not essential that the flowing be uniform
1888or uninterrupted. The fact that some part of the bed or channel
1889has been dredged or improved does not prevent the watercourse
1890from being a stream.
1891     (15)(19)  "Surface water" means water upon the surface of
1892the earth, whether contained in bounds created naturally or
1893artificially or diffused. Water from natural springs shall be
1894classified as surface water when it exits from the spring onto
1895the earth's surface.
1896     (16)(20)  "Water" or "waters in the state" means any and
1897all water on or beneath the surface of the ground or in the
1898atmosphere, including natural or artificial watercourses, lakes,
1899ponds, or diffused surface water and water percolating,
1900standing, or flowing beneath the surface of the ground, as well
1901as all coastal waters within the jurisdiction of the state.
1902     (17)(21)  "Water management district" means any flood
1903control, resource management, or water management district
1904operating under the authority of this chapter.
1905     (22)  "Water resource development" means the formulation
1906and implementation of regional water resource management
1907strategies, including the collection and evaluation of surface
1908water and groundwater data; structural and nonstructural
1909programs to protect and manage water resources; the development
1910of regional water resource implementation programs; the
1911construction, operation, and maintenance of major public works
1912facilities to provide for flood control, surface and underground
1913water storage, and groundwater recharge augmentation; and
1914related technical assistance to local governments and to
1915government-owned and privately owned water utilities.
1916     (18)(23)  "Water resource implementation rule" means the
1917rule authorized by s. 373.036, which sets forth goals,
1918objectives, and guidance for the development and review of
1919programs, rules, and plans relating to water resources, based on
1920statutory policies and directives. The waters of the state are
1921among its most basic resources. Such waters should be managed to
1922conserve and protect water resources and to realize the full
1923beneficial use of these resources.
1924     (24)  "Water supply development" means the planning,
1925design, construction, operation, and maintenance of public or
1926private facilities for water collection, production, treatment,
1927transmission, or distribution for sale, resale, or end use.
1928     (19)(25)  For the sole purpose of serving as the basis for
1929the unified statewide methodology adopted pursuant to s.
1930373.421(1), as amended, "wetlands" means those areas that are
1931inundated or saturated by surface water or groundwater at a
1932frequency and a duration sufficient to support, and under normal
1933circumstances do support, a prevalence of vegetation typically
1934adapted for life in saturated soils. Soils present in wetlands
1935generally are classified as hydric or alluvial, or possess
1936characteristics that are associated with reducing soil
1937conditions. The prevalent vegetation in wetlands generally
1938consists of facultative or obligate hydrophytic macrophytes that
1939are typically adapted to areas having soil conditions described
1940above. These species, due to morphological, physiological, or
1941reproductive adaptations, have the ability to grow, reproduce,
1942or persist in aquatic environments or anaerobic soil conditions.
1943Florida wetlands generally include swamps, marshes, bayheads,
1944bogs, cypress domes and strands, sloughs, wet prairies, riverine
1945swamps and marshes, hydric seepage slopes, tidal marshes,
1946mangrove swamps and other similar areas. Florida wetlands
1947generally do not include longleaf or slash pine flatwoods with
1948an understory dominated by saw palmetto. Upon legislative
1949ratification of the methodology adopted pursuant to s.
1950373.421(1), as amended, the limitation contained herein
1951regarding the purpose of this definition shall cease to be
1952effective.
1953     (20)(26)  "Works of the district" means those projects and
1954works, including, but not limited to, structures, impoundments,
1955wells, streams, and other watercourses, together with the
1956appurtenant facilities and accompanying lands, which have been
1957officially adopted by the governing board of the district as
1958works of the district.
1959     Section 14.  Paragraph (b) of subsection (8) of section
1960373.026, Florida Statutes, is amended to read:
1961     373.026  General powers and duties of the department.--The
1962department, or its successor agency, shall be responsible for
1963the administration of this chapter at the state level. However,
1964it is the policy of the state that, to the greatest extent
1965possible, the department may enter into interagency or
1966interlocal agreements with any other state agency, any water
1967management district, or any local government conducting programs
1968related to or materially affecting the water resources of the
1969state. All such agreements shall be subject to the provisions of
1970s. 373.046. In addition to its other powers and duties, the
1971department shall, to the greatest extent possible:
1972     (8)
1973     (b)  To ensure to the greatest extent possible that project
1974components will go forward as planned, the department shall
1975collaborate with the South Florida Water Management District in
1976implementing the comprehensive plan as defined in s.
1977373.470(2)(b), the Lake Okeechobee Watershed Protection Plan as
1978defined in s. 373.4595(2), and the River Watershed Protection
1979Plans as defined in s. 373.4595(2). Before any project component
1980is submitted to Congress for authorization or receives an
1981appropriation of state funds, the department must approve, or
1982approve with amendments, each project component within 60 days
1983following formal submittal of the project component to the
1984department. Prior to the release of state funds for the
1985implementation of the comprehensive plan, department approval
1986shall be based upon a determination of the South Florida Water
1987Management District's compliance with s. 373.1501(5). Once a
1988project component is approved, the South Florida Water
1989Management District shall provide to the Joint Legislative
1990Committee on Everglades Oversight a schedule for implementing
1991the project component, the estimated total cost of the project
1992component, any existing federal or nonfederal credits, the
1993estimated remaining federal and nonfederal share of costs, and
1994an estimate of the amount of state funds that will be needed to
1995implement the project component. All requests for an
1996appropriation of state funds needed to implement the project
1997component shall be submitted to the department, and such
1998requests shall be included in the department's annual request to
1999the Governor. Prior to the release of state funds for the
2000implementation of the Lake Okeechobee Watershed Protection Plan
2001or the River Watershed Protection Plans, on an annual basis, the
2002South Florida Water Management District shall prepare an annual
2003work plan as part of the consolidated annual report required in
2004s. 373.036(5)(7). Upon a determination by the secretary of the
2005annual work plan's consistency with the goals and objectives of
2006s. 373.4595, the secretary may approve the release of state
2007funds. Any modifications to the annual work plan shall be
2008submitted to the secretary for review and approval.
2009     Section 15.  Section 373.036, Florida Statutes, is amended
2010to read:
2011     373.036  Florida water plan; district water management
2012plans.--
2013     (1)  FLORIDA WATER PLAN.--In cooperation with the water
2014management districts, regional water supply authorities, and
2015others, the department shall develop the Florida water plan. The
2016Florida water plan shall include, but not be limited to:
2017     (a)  The programs and activities of the department related
2018to water supply, water quality, flood protection and floodplain
2019management, and natural systems.
2020     (b)  The Florida water supply plan.
2021     (c)(b)  The water quality standards of the department.
2022     (d)(c)  The district water management plans.
2023     (e)(d)  Goals, objectives, and guidance for the development
2024and review of programs, rules, and plans relating to water
2025resources, based on statutory policies and directives. The state
2026water policy rule, renamed the water resource implementation
2027rule pursuant to s. 373.019(18)(23), shall serve as this part of
2028the plan. Amendments or additions to this part of the Florida
2029water plan shall be adopted by the department as part of the
2030water resource implementation rule. In accordance with s.
2031373.114, the department shall review rules of the water
2032management districts for consistency with this rule. Amendments
2033to the water resource implementation rule must be adopted by the
2034secretary of the department and be submitted to the President of
2035the Senate and the Speaker of the House of Representatives
2036within 7 days after publication in the Florida Administrative
2037Weekly. Amendments shall not become effective until the
2038conclusion of the next regular session of the Legislature
2039following their adoption.
2040     (2)  DISTRICT WATER MANAGEMENT PLANS.--
2041     (a)  Each governing board shall develop a district water
2042management plan for water resources within its region, which
2043plan addresses water supply, water quality, flood protection and
2044floodplain management, and natural systems. The district water
2045management plan shall be based on at least a 20-year planning
2046period, shall be developed and revised in cooperation with other
2047agencies, regional water supply authorities, units of
2048government, and interested parties, and shall be updated at
2049least once every 5 years. The governing board shall hold a
2050public hearing at least 30 days in advance of completing the
2051development or revision of the district water management plan.
2052     (b)  The district water management plan shall include, but
2053not be limited to:
2054     1.  The district water supply plan.
2055     2.1.  The scientific methodologies for establishing minimum
2056flows and levels under s. 373.042, and all established minimum
2057flows and levels.
2058     2.  Identification of one or more water supply planning
2059regions that singly or together encompass the entire district.
2060     3.  Technical data and information prepared under s.
2061373.0391.
2062     4.  A districtwide water supply assessment, to be completed
2063no later than July 1, 1998, which determines for each water
2064supply planning region:
2065     a.  Existing legal uses, reasonably anticipated future
2066needs, and existing and reasonably anticipated sources of water
2067and conservation efforts; and
2068     b.  Whether existing and reasonably anticipated sources of
2069water and conservation efforts are adequate to supply water for
2070all existing legal uses and reasonably anticipated future needs
2071and to sustain the water resources and related natural systems.
2072     5.  Any completed regional water supply plans.
2073     (c)  If necessary for implementation, the governing board
2074shall adopt by rule or order relevant portions of the district
2075water management plan, to the extent of its statutory authority.
2076     (d)  In the formulation of the district water management
2077plan, the governing board shall give due consideration to:
2078     1.  The attainment of maximum reasonable-beneficial use of
2079water resources.
2080     2.  The maximum economic development of the water resources
2081consistent with other uses.
2082     1.3.  The management of water resources for such purposes
2083as environmental protection, drainage, flood control, and water
2084storage.
2085     4.  The quantity of water available for application to a
2086reasonable-beneficial use.
2087     5.  The prevention of wasteful, uneconomical, impractical,
2088or unreasonable uses of water resources.
2089     6.  Presently exercised domestic use and permit rights.
2090     2.7.  The preservation and enhancement of the water quality
2091of the state.
2092     3.8.  The state water resources policy as expressed by this
2093chapter.
2094     (e)  At its option, a governing board may substitute an
2095annual strategic plan for the requirement to develop a district
2096water management plan and the district water management plan
2097annual report required by subparagraph (5)(7)(b)1., provided
2098that nothing herein affects any other provision or requirement
2099of law concerning the completion of the regional water supply
2100plan and the strategic plan meets the following minimum
2101requirements:
2102     1.  The strategic plan establishes the water management
2103district's strategic priorities for at least a future 5-year
2104period.
2105     2.  The strategic plan identifies the goals, strategies,
2106success indicators, funding sources, deliverables, and
2107milestones to accomplish the strategic priorities.
2108     3.  The strategic plan development process includes at
2109least one publicly noticed meeting to allow public participation
2110in its development.
2111     4.  The strategic plan includes separately, as an addendum,
2112an annual work plan report on the implementation of the
2113strategic plan for the previous fiscal year, addressing success
2114indicators, deliverables, and milestones.
2115     (3)  OBJECTIVES.--The department and governing board shall
2116give careful consideration to the requirements of public
2117recreation and to the protection and procreation of fish and
2118wildlife. The department or governing board may prohibit or
2119restrict other future uses on certain designated bodies of water
2120which may be inconsistent with these objectives.
2121     (4)  The governing board may designate certain uses in
2122connection with a particular source of supply which, because of
2123the nature of the activity or the amount of water required,
2124would constitute an undesirable use for which the governing
2125board may deny a permit.
2126     (5)  The governing board may designate certain uses in
2127connection with a particular source of supply which, because of
2128the nature of the activity or the amount of water required,
2129would result in an enhancement or improvement of the water
2130resources of the area. Such uses shall be preferred over other
2131uses in the event of competing applications under the permitting
2132systems authorized by this chapter.
2133     (4)(6)  ADDITIONS TO FLORIDA WATER PLAN.--The department,
2134in cooperation with the Executive Office of the Governor, or its
2135successor agency, may add to the Florida water plan any other
2136information, directions, or objectives it deems necessary or
2137desirable for the guidance of the governing boards or other
2138agencies in the administration and enforcement of this chapter.
2139     (5)(7)  CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL
2140REPORT.--
2141     (a)  By March 1, 2006, and annually thereafter, each water
2142management district shall prepare and submit to the department,
2143the Governor, the President of the Senate, and the Speaker of
2144the House of Representatives a consolidated water management
2145district annual report on the management of water resources. In
2146addition, copies must be provided by the water management
2147districts to the chairs of all legislative committees having
2148substantive or fiscal jurisdiction over the districts and the
2149governing board of each county in the district having
2150jurisdiction or deriving any funds for operations of the
2151district. Copies of the consolidated annual report must be made
2152available to the public, either in printed or electronic format.
2153     (b)  The consolidated annual report shall contain the
2154following elements, as appropriate to that water management
2155district:
2156     1.  A district water management plan annual report or the
2157annual work plan report allowed in subparagraph (2)(e)4.
2158     2.  The department-approved minimum flows and levels annual
2159priority list and schedule required by s. 373.042(2).
2160     3.  The annual 5-year capital improvements plan required by
2161s. 373.536(6)(a)3.
2162     4.  The alternative water supplies annual report required
2163by s. 373.711(8)(n) 373.1961(3)(n).
2164     5.  The final annual 5-year water resource development work
2165program required by s. 373.536(6)(a)4.
2166     6.  The Florida Forever Water Management District Work Plan
2167annual report required by s. 373.199(7).
2168     7.  The mitigation donation annual report required by s.
2169373.414(1)(b)2.
2170     (c)  Each of the elements listed in paragraph (b) is to be
2171addressed in a separate chapter or section within the
2172consolidated annual report, although information common to more
2173than one of these elements may be consolidated as deemed
2174appropriate by the individual water management district.
2175     (d)  Each water management district may include in the
2176consolidated annual report such additional information on the
2177status or management of water resources within the district as
2178it deems appropriate.
2179     (e)  In addition to the elements specified in paragraph
2180(b), the South Florida Water Management District shall include
2181in the consolidated annual report the following elements:
2182     1.  The Lake Okeechobee Protection Program annual progress
2183report required by s. 373.4595(6)(3)(g).
2184     2.  The Everglades annual progress reports specified in s.
2185373.4592(4)(d)5., (13), and (14).
2186     3.  The Everglades restoration annual report required by s.
2187373.470(7).
2188     4.  The Everglades Forever Act annual implementation report
2189required by s. 11.80(4).
2190     5.  The Everglades Trust Fund annual expenditure report
2191required by s. 373.45926(3).
2192     Section 16.  Subsection (2) of section 373.042, Florida
2193Statutes, is amended to read:
2194     373.042  Minimum flows and levels.--
2195     (2)  By November 15, 1997, and annually thereafter, each
2196water management district shall submit to the department for
2197review and approval a priority list and schedule for the
2198establishment of minimum flows and levels for surface
2199watercourses, aquifers, and surface waters within the district.
2200The priority list shall also identify those water bodies for
2201which the district will voluntarily undertake independent
2202scientific peer review. By March 1, 2006, and annually
2203thereafter, each water management district shall include its
2204approved priority list and schedule in the consolidated annual
2205report required by s. 373.036(5)(7). The priority list shall be
2206based upon the importance of the waters to the state or region
2207and the existence of or potential for significant harm to the
2208water resources or ecology of the state or region, and shall
2209include those waters which are experiencing or may reasonably be
2210expected to experience adverse impacts. Each water management
2211district's priority list and schedule shall include all first
2212magnitude springs, and all second magnitude springs within state
2213or federally owned lands purchased for conservation purposes.
2214The specific schedule for establishment of spring minimum flows
2215and levels shall be commensurate with the existing or potential
2216threat to spring flow from consumptive uses. Springs within the
2217Suwannee River Water Management District, or second magnitude
2218springs in other areas of the state, need not be included on the
2219priority list if the water management district submits a report
2220to the Department of Environmental Protection demonstrating that
2221adverse impacts are not now occurring nor are reasonably
2222expected to occur from consumptive uses during the next 20
2223years. The priority list and schedule shall not be subject to
2224any proceeding pursuant to chapter 120. Except as provided in
2225subsection (3), the development of a priority list and
2226compliance with the schedule for the establishment of minimum
2227flows and levels pursuant to this subsection shall satisfy the
2228requirements of subsection (1).
2229     Section 17.  Subsection (2) of section 373.0421, Florida
2230Statutes, is amended to read:
2231     373.0421  Establishment and implementation of minimum flows
2232and levels.--
2233     (2)  If the existing flow or level in a water body is
2234below, or is projected to fall within 20 years below, the
2235applicable minimum flow or level established pursuant to s.
2236373.042, the department or governing board, as part of the
2237regional water supply plan described in s. 373.713 373.0361,
2238shall expeditiously implement a recovery or prevention strategy,
2239which includes the development of additional water supplies and
2240other actions, consistent with the authority granted by this
2241chapter, to:
2242     (a)  Achieve recovery to the established minimum flow or
2243level as soon as practicable; or
2244     (b)  Prevent the existing flow or level from falling below
2245the established minimum flow or level.
2246
2247The recovery or prevention strategy shall include phasing or a
2248timetable which will allow for the provision of sufficient water
2249supplies for all existing and projected reasonable-beneficial
2250uses, including development of additional water supplies and
2251implementation of conservation and other efficiency measures
2252concurrent with, to the extent practical, and to offset,
2253reductions in permitted withdrawals, consistent with the
2254provisions of this chapter.
2255     Section 18.  Subsection (4) of section 373.0695, Florida
2256Statutes, is amended to read:
2257     373.0695  Duties of basin boards; authorized
2258expenditures.--
2259     (4)  In the exercise of the duties and powers granted
2260herein, the basin boards shall be subject to all the limitations
2261and restrictions imposed on the water management districts in s.
2262373.705 373.1961.
2263     Section 19.  Subsection (7) of section 373.199, Florida
2264Statutes, is amended to read:
2265     373.199  Florida Forever Water Management District Work
2266Plan.--
2267     (7)  By June 1, 2001, each district shall file with the
2268President of the Senate, the Speaker of the House of
2269Representatives, and the Secretary of Environmental Protection
2270the initial 5-year work plan as required under subsection (2).
2271By March 1 of each year thereafter, as part of the consolidated
2272annual report required by s. 373.036(5)(7), each district shall
2273report on acquisitions completed during the year together with
2274modifications or additions to its 5-year work plan. Included in
2275the report shall be:
2276     (a)  A description of land management activity for each
2277property or project area owned by the water management district.
2278     (b)  A list of any lands surplused and the amount of
2279compensation received.
2280     (c)  The progress of funding, staffing, and resource
2281management of every project funded pursuant to s. 259.101, s.
2282259.105, or s. 373.59 for which the district is responsible.
2283
2284The secretary shall submit the report referenced in this
2285subsection to the Board of Trustees of the Internal Improvement
2286Trust Fund together with the Acquisition and Restoration
2287Council's project list as required under s. 259.105.
2288     Section 20.  Subsections (3) and (5) of section 373.223,
2289Florida Statutes, are amended to read:
2290     373.223  Conditions for a permit.--
2291     (3)  Except for the transport and use of water supplied by
2292the Central and Southern Florida Flood Control Project, and
2293anywhere in the state when the transport and use of water is
2294supplied exclusively for bottled water as defined in s.
2295500.03(1)(d), any water use permit applications pending as of
2296April 1, 1998, with the Northwest Florida Water Management
2297District and self-suppliers of water for which the proposed
2298water source and area of use or application are located on
2299contiguous private properties, when evaluating whether a
2300potential transport and use of ground or surface water across
2301county boundaries is consistent with the public interest,
2302pursuant to paragraph (1)(c), the governing board or department
2303shall consider:
2304     (a)  The proximity of the proposed water source to the area
2305of use or application.
2306     (b)  All impoundments, streams, groundwater sources, or
2307watercourses that are geographically closer to the area of use
2308or application than the proposed source, and that are
2309technically and economically feasible for the proposed transport
2310and use.
2311     (c)  All economically and technically feasible alternatives
2312to the proposed source, including, but not limited to,
2313desalination, conservation, reuse of nonpotable reclaimed water
2314and stormwater, and aquifer storage and recovery.
2315     (d)  The potential environmental impacts that may result
2316from the transport and use of water from the proposed source,
2317and the potential environmental impacts that may result from use
2318of the other water sources identified in paragraphs (b) and (c).
2319     (e)  Whether existing and reasonably anticipated sources of
2320water and conservation efforts are adequate to supply water for
2321existing legal uses and reasonably anticipated future needs of
2322the water supply planning region in which the proposed water
2323source is located.
2324     (f)  Consultations with local governments affected by the
2325proposed transport and use.
2326     (g)  The value of the existing capital investment in water-
2327related infrastructure made by the applicant.
2328
2329Where districtwide water supply assessments and regional water
2330supply plans have been prepared pursuant to ss. 373.707 and
2331373.713 373.036 and 373.0361, the governing board or the
2332department shall use the applicable plans and assessments as the
2333basis for its consideration of the applicable factors in this
2334subsection.
2335     (5)  In evaluating an application for consumptive use of
2336water which proposes the use of an alternative water supply
2337project as described in the regional water supply plan and
2338provides reasonable assurances of the applicant's capability to
2339design, construct, operate, and maintain the project, the
2340governing board or department shall presume that the alternative
2341water supply use is consistent with the public interest under
2342paragraph (1)(c). However, where the governing board identifies
2343the need for a multijurisdictional water supply entity or
2344regional water supply authority to develop the alternative water
2345supply project pursuant to s. 373.713(2)(a)2. 373.0361(2)(a)2.,
2346the presumption shall be accorded only to that use proposed by
2347such entity or authority. This subsection does not effect
2348evaluation of the use pursuant to the provisions of paragraphs
2349(1)(a) and (b), subsections (2) and (3), and ss. 373.2295 and
2350373.233.
2351     Section 21.  Section 373.2234, Florida Statutes, is amended
2352to read:
2353     373.2234  Preferred water supply sources.--The governing
2354board of a water management district is authorized to adopt
2355rules that identify preferred water supply sources for
2356consumptive uses for which there is sufficient data to establish
2357that a preferred source will provide a substantial new water
2358supply to meet the existing and projected reasonable-beneficial
2359uses of a water supply planning region identified pursuant to s.
2360373.713(1) 373.0361(1), while sustaining existing water
2361resources and natural systems. At a minimum, such rules must
2362contain a description of the preferred water supply source and
2363an assessment of the water the preferred source is projected to
2364produce. If an applicant proposes to use a preferred water
2365supply source, that applicant's proposed water use is subject to
2366s. 373.223(1), except that the proposed use of a preferred water
2367supply source must be considered by a water management district
2368when determining whether a permit applicant's proposed use of
2369water is consistent with the public interest pursuant to s.
2370373.223(1)(c). A consumptive use permit issued for the use of a
2371preferred water supply source must be granted, when requested by
2372the applicant, for at least a 20-year period and may be subject
2373to the compliance reporting provisions of s. 373.236(4). Nothing
2374in this section shall be construed to exempt the use of
2375preferred water supply sources from the provisions of ss.
2376373.701(3) 373.016(4) and 373.223(2) and (3), or be construed to
2377provide that permits issued for the use of a nonpreferred water
2378supply source must be issued for a duration of less than 20
2379years or that the use of a nonpreferred water supply source is
2380not consistent with the public interest. Additionally, nothing
2381in this section shall be interpreted to require the use of a
2382preferred water supply source or to restrict or prohibit the use
2383of a nonpreferred water supply source. Rules adopted by the
2384governing board of a water management district to implement this
2385section shall specify that the use of a preferred water supply
2386source is not required and that the use of a nonpreferred water
2387supply source is not restricted or prohibited.
2388     Section 22.  Subsection (3) of section 373.229, Florida
2389Statutes, is amended to read:
2390     373.229  Application for permit.--
2391     (3)  In addition to the information required in subsection
2392(1), all permit applications filed with the governing board or
2393the department which propose the transport and use of water
2394across county boundaries shall include information pertaining to
2395factors to be considered, pursuant to s. 373.223(3), unless
2396exempt under s. 373.717 373.1962(9).
2397     Section 23.  Paragraph (b) of subsection (1) of section
2398373.414, Florida Statutes, is amended to read:
2399     373.414  Additional criteria for activities in surface
2400waters and wetlands.--
2401     (1)  As part of an applicant's demonstration that an
2402activity regulated under this part will not be harmful to the
2403water resources or will not be inconsistent with the overall
2404objectives of the district, the governing board or the
2405department shall require the applicant to provide reasonable
2406assurance that state water quality standards applicable to
2407waters as defined in s. 403.031(13) will not be violated and
2408reasonable assurance that such activity in, on, or over surface
2409waters or wetlands, as delineated in s. 373.421(1), is not
2410contrary to the public interest. However, if such an activity
2411significantly degrades or is within an Outstanding Florida
2412Water, as provided by department rule, the applicant must
2413provide reasonable assurance that the proposed activity will be
2414clearly in the public interest.
2415     (b)  If the applicant is unable to otherwise meet the
2416criteria set forth in this subsection, the governing board or
2417the department, in deciding to grant or deny a permit, shall
2418consider measures proposed by or acceptable to the applicant to
2419mitigate adverse effects that may be caused by the regulated
2420activity. Such measures may include, but are not limited to,
2421onsite mitigation, offsite mitigation, offsite regional
2422mitigation, and the purchase of mitigation credits from
2423mitigation banks permitted under s. 373.4136. It shall be the
2424responsibility of the applicant to choose the form of
2425mitigation. The mitigation must offset the adverse effects
2426caused by the regulated activity.
2427     1.  The department or water management districts may accept
2428the donation of money as mitigation only where the donation is
2429specified for use in a duly noticed environmental creation,
2430preservation, enhancement, or restoration project, endorsed by
2431the department or the governing board of the water management
2432district, which offsets the impacts of the activity permitted
2433under this part. However, the provisions of this subsection
2434shall not apply to projects undertaken pursuant to s. 373.4137
2435or chapter 378. Where a permit is required under this part to
2436implement any project endorsed by the department or a water
2437management district, all necessary permits must have been issued
2438prior to the acceptance of any cash donation. After the
2439effective date of this act, when money is donated to either the
2440department or a water management district to offset impacts
2441authorized by a permit under this part, the department or the
2442water management district shall accept only a donation that
2443represents the full cost to the department or water management
2444district of undertaking the project that is intended to mitigate
2445the adverse impacts. The full cost shall include all direct and
2446indirect costs, as applicable, such as those for land
2447acquisition, land restoration or enhancement, perpetual land
2448management, and general overhead consisting of costs such as
2449staff time, building, and vehicles. The department or the water
2450management district may use a multiplier or percentage to add to
2451other direct or indirect costs to estimate general overhead.
2452Mitigation credit for such a donation shall be given only to the
2453extent that the donation covers the full cost to the agency of
2454undertaking the project that is intended to mitigate the adverse
2455impacts. However, nothing herein shall be construed to prevent
2456the department or a water management district from accepting a
2457donation representing a portion of a larger project, provided
2458that the donation covers the full cost of that portion and
2459mitigation credit is given only for that portion. The department
2460or water management district may deviate from the full cost
2461requirements of this subparagraph to resolve a proceeding
2462brought pursuant to chapter 70 or a claim for inverse
2463condemnation. Nothing in this section shall be construed to
2464require the owner of a private mitigation bank, permitted under
2465s. 373.4136, to include the full cost of a mitigation credit in
2466the price of the credit to a purchaser of said credit.
2467     2.  The department and each water management district shall
2468report by March 1 of each year, as part of the consolidated
2469annual report required by s. 373.036(5)(7), all cash donations
2470accepted under subparagraph 1. during the preceding water
2471management district fiscal year for wetland mitigation purposes.
2472The report shall exclude those contributions pursuant to s.
2473373.4137. The report shall include a description of the endorsed
2474mitigation projects and, except for projects governed by s.
2475373.4135(6), shall address, as applicable, success criteria,
2476project implementation status and timeframe, monitoring, long-
2477term management, provisions for preservation, and full cost
2478accounting.
2479     3.  If the applicant is unable to meet water quality
2480standards because existing ambient water quality does not meet
2481standards, the governing board or the department shall consider
2482mitigation measures proposed by or acceptable to the applicant
2483that cause net improvement of the water quality in the receiving
2484body of water for those parameters which do not meet standards.
2485     4.  If mitigation requirements imposed by a local
2486government for surface water and wetland impacts of an activity
2487regulated under this part cannot be reconciled with mitigation
2488requirements approved under a permit for the same activity
2489issued under this part, including application of the uniform
2490wetland mitigation assessment method adopted pursuant to
2491subsection (18), the mitigation requirements for surface water
2492and wetland impacts shall be controlled by the permit issued
2493under this part.
2494     Section 24.  Subsection (1) of section 373.421, Florida
2495Statutes, is amended to read:
2496     373.421  Delineation methods; formal determinations.--
2497     (1)  The Environmental Regulation Commission shall adopt a
2498unified statewide methodology for the delineation of the extent
2499of wetlands as defined in s. 373.019(19)(25). This methodology
2500shall consider regional differences in the types of soils and
2501vegetation that may serve as indicators of the extent of
2502wetlands. This methodology shall also include provisions for
2503determining the extent of surface waters other than wetlands for
2504the purposes of regulation under s. 373.414. This methodology
2505shall not become effective until ratified by the Legislature.
2506Subsequent to legislative ratification, the wetland definition
2507in s. 373.019(19)(25) and the adopted wetland methodology shall
2508be binding on the department, the water management districts,
2509local governments, and any other governmental entities. Upon
2510ratification of such wetland methodology, the Legislature
2511preempts the authority of any water management district, state
2512or regional agency, or local government to define wetlands or
2513develop a delineation methodology to implement the definition
2514and determines that the exclusive definition and delineation
2515methodology for wetlands shall be that established pursuant to
2516s. 373.019(19)(25) and this section. Upon such legislative
2517ratification, any existing wetlands definition or wetland
2518delineation methodology shall be superseded by the wetland
2519definition and delineation methodology established pursuant to
2520this chapter. Subsequent to legislative ratification, a
2521delineation of the extent of a surface water or wetland by the
2522department or a water management district, pursuant to a formal
2523determination under subsection (2), or pursuant to a permit
2524issued under this part in which the delineation was field-
2525verified by the permitting agency and specifically approved in
2526the permit, shall be binding on all other governmental entities
2527for the duration of the formal determination or permit. All
2528existing rules and methodologies of the department, the water
2529management districts, and local governments, regarding surface
2530water or wetland definition and delineation shall remain in full
2531force and effect until the common methodology rule becomes
2532effective. However, this shall not be construed to limit any
2533power of the department, the water management districts, and
2534local governments to amend or adopt a surface water or wetland
2535definition or delineation methodology until the common
2536methodology rule becomes effective.
2537     Section 25.  Paragraph (d) of subsection (4) and
2538subsections (13) and (14) of section 373.4592, Florida Statutes,
2539are amended to read:
2540     373.4592  Everglades improvement and management.--
2541     (4)  EVERGLADES PROGRAM.--
2542     (d)  Everglades research and monitoring program.--
2543     1.  The department and the district shall review and
2544evaluate available water quality data for the Everglades
2545Protection Area and tributary waters and identify any additional
2546information necessary to adequately describe water quality in
2547the Everglades Protection Area and tributary waters. The
2548department and the district shall also initiate a research and
2549monitoring program to generate such additional information
2550identified and to evaluate the effectiveness of the BMPs and
2551STAs, as they are implemented, in improving water quality and
2552maintaining designated and existing beneficial uses of the
2553Everglades Protection Area and tributary waters. As part of the
2554program, the district shall monitor all discharges into the
2555Everglades Protection Area for purposes of determining
2556compliance with state water quality standards.
2557     2.  The research and monitoring program shall evaluate the
2558ecological and hydrological needs of the Everglades Protection
2559Area, including the minimum flows and levels. Consistent with
2560such needs, the program shall also evaluate water quality
2561standards for the Everglades Protection Area and for the canals
2562of the EAA, so that these canals can be classified in the manner
2563set forth in paragraph (e) and protected as an integral part of
2564the water management system which includes the STAs of the
2565Everglades Construction Project and allows landowners in the EAA
2566to achieve applicable water quality standards compliance by BMPs
2567and STA treatment to the extent this treatment is available and
2568effective.
2569     3.  The research and monitoring program shall include
2570research seeking to optimize the design and operation of the
2571STAs, including research to reduce outflow concentrations, and
2572to identify other treatment and management methods and
2573regulatory programs that are superior to STAs in achieving the
2574intent and purposes of this section.
2575     4.  The research and monitoring program shall be conducted
2576to allow the department to propose a phosphorus criterion in the
2577Everglades Protection Area, and to evaluate existing state water
2578quality standards applicable to the Everglades Protection Area
2579and existing state water quality standards and classifications
2580applicable to the EAA canals. In developing the phosphorus
2581criterion, the department shall also consider the minimum flows
2582and levels for the Everglades Protection Area and the district's
2583water supply plans for the Lower East Coast.
2584     5.  Beginning March 1, 2006, as part of the consolidated
2585annual report required by s. 373.036(5)(7), the district and the
2586department shall annually issue a peer-reviewed report regarding
2587the research and monitoring program that summarizes all data and
2588findings. The report shall identify water quality parameters, in
2589addition to phosphorus, which exceed state water quality
2590standards or are causing or contributing to adverse impacts in
2591the Everglades Protection Area.
2592     6.  The district shall continue research seeking to
2593optimize the design and operation of STAs and to identify other
2594treatment and management methods that are superior to STAs in
2595achieving optimum water quality and water quantity for the
2596benefit of the Everglades. The district shall optimize the
2597design and operation of the STAs described in the Everglades
2598Construction Project prior to expanding their size. Additional
2599methods to achieve compliance with water quality standards shall
2600not be limited to more intensive management of the STAs.
2601     (13)  ANNUAL REPORTS.--Beginning March 1, 2006, as part of
2602the consolidated annual report required by s. 373.036(5)(7), the
2603district shall report on implementation of the section. The
2604annual report will include a summary of the water conditions in
2605the Everglades Protection Area, the status of the impacted
2606areas, the status of the construction of the STAs, the
2607implementation of the BMPs, and actions taken to monitor and
2608control exotic species. The district must prepare the report in
2609coordination with federal and state agencies.
2610     (14)  EVERGLADES FUND.--The South Florida Water Management
2611District is directed to separately account for all moneys used
2612for the purpose of funding the Everglades Construction Project
2613as part of the consolidated annual report required by s.
2614373.036(5)(7).
2615     Section 26.  Subsection (3) of section 373.45926, Florida
2616Statutes, is amended to read:
2617     373.45926  Everglades Trust Fund; allocation of revenues
2618and expenditure of funds for conservation and protection of
2619natural resources and abatement of water pollution.--
2620     (3)  The South Florida Water Management District shall
2621furnish, as part of the consolidated annual report required by
2622s. 373.036(5)(7), a detailed copy of its expenditures from the
2623Everglades Trust Fund to the Governor, the President of the
2624Senate, and the Speaker of the House of Representatives, and
2625shall make copies available to the public. The information shall
2626be provided in a format approved by the Joint Legislative
2627Committee on Everglades Oversight. At the direction of the Joint
2628Legislative Committee on Everglades Oversight, an audit may be
2629made from time to time by the Auditor General, and such audit
2630shall be within the authority of said Auditor General to make.
2631     Section 27.  Subsection (6) of section 373.4595, Florida
2632Statutes, is amended to read:
2633     373.4595  Northern Everglades and Estuaries Protection
2634Program.--
2635     (6)  ANNUAL PROGRESS REPORT.--Each March 1 the district
2636shall report on implementation of this section as part of the
2637consolidated annual report required in s. 373.036(5)(7). The
2638annual report shall include a summary of the conditions of the
2639hydrology, water quality, and aquatic habitat in the northern
2640Everglades based on the results of the Research and Water
2641Quality Monitoring Programs, the status of the Lake Okeechobee
2642Watershed Construction Project, the status of the Caloosahatchee
2643River Watershed Construction Project, and the status of the St.
2644Lucie River Watershed Construction Project. In addition, the
2645report shall contain an annual accounting of the expenditure of
2646funds from the Save Our Everglades Trust Fund. At a minimum, the
2647annual report shall provide detail by program and plan,
2648including specific information concerning the amount and use of
2649funds from federal, state, or local government sources. In
2650detailing the use of these funds, the district shall indicate
2651those designated to meet requirements for matching funds. The
2652district shall prepare the report in cooperation with the other
2653coordinating agencies and affected local governments.
2654     Section 28.  Subsection (7) of section 373.470, Florida
2655Statutes, is amended to read:
2656     373.470  Everglades restoration.--
2657     (7)  ANNUAL REPORT.--To provide enhanced oversight of and
2658accountability for the financial commitments established under
2659this section and the progress made in the implementation of the
2660comprehensive plan, the following information must be prepared
2661annually as part of the consolidated annual report required by
2662s. 373.036(5)(7):
2663     (a)  The district, in cooperation with the department,
2664shall provide the following information as it relates to
2665implementation of the comprehensive plan:
2666     1.  An identification of funds, by source and amount,
2667received by the state and by each local sponsor during the
2668fiscal year.
2669     2.  An itemization of expenditures, by source and amount,
2670made by the state and by each local sponsor during the fiscal
2671year.
2672     3.  A description of the purpose for which the funds were
2673expended.
2674     4.  The unencumbered balance of funds remaining in trust
2675funds or other accounts designated for implementation of the
2676comprehensive plan.
2677     5.  A schedule of anticipated expenditures for the next
2678fiscal year.
2679     (b)  The department shall prepare a detailed report on all
2680funds expended by the state and credited toward the state's
2681share of funding for implementation of the comprehensive plan.
2682The report shall include:
2683     1.  A description of all expenditures, by source and
2684amount, from the Conservation and Recreation Lands Trust Fund,
2685the Land Acquisition Trust Fund, the Preservation 2000 Trust
2686Fund, the Florida Forever Trust Fund, the Save Our Everglades
2687Trust Fund, and other named funds or accounts for the
2688acquisition or construction of project components or other
2689features or facilities that benefit the comprehensive plan.
2690     2.  A description of the purposes for which the funds were
2691expended.
2692     3.  The unencumbered fiscal-year-end balance that remains
2693in each trust fund or account identified in subparagraph 1.
2694     (c)  The district, in cooperation with the department,
2695shall provide a detailed report on progress made in the
2696implementation of the comprehensive plan, including the status
2697of all project components initiated after the effective date of
2698this act or the date of the last report prepared under this
2699subsection, whichever is later.
2700
2701The information required in paragraphs (a), (b), and (c) shall
2702be provided as part of the consolidated annual report required
2703by s. 373.036(5)(7). The initial report is due by November 30,
27042000, and each annual report thereafter is due by March 1.
2705     Section 29.  Paragraph (a) of subsection (6) of section
2706373.536, Florida Statutes, is amended to read:
2707     373.536  District budget and hearing thereon.--
2708     (6)  FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
2709WATER RESOURCE DEVELOPMENT WORK PROGRAM.--
2710     (a)  Each district must, by the date specified for each
2711item, furnish copies of the following documents to the Governor,
2712the President of the Senate, the Speaker of the House of
2713Representatives, the chairs of all legislative committees and
2714subcommittees having substantive or fiscal jurisdiction over the
2715districts, as determined by the President of the Senate or the
2716Speaker of the House of Representatives as applicable, the
2717secretary of the department, and the governing board of each
2718county in which the district has jurisdiction or derives any
2719funds for the operations of the district:
2720     1.  The adopted budget, to be furnished within 10 days
2721after its adoption.
2722     2.  A financial audit of its accounts and records, to be
2723furnished within 10 days after its acceptance by the governing
2724board. The audit must be conducted in accordance with the
2725provisions of s. 11.45 and the rules adopted thereunder. In
2726addition to the entities named above, the district must provide
2727a copy of the audit to the Auditor General within 10 days after
2728its acceptance by the governing board.
2729     3.  A 5-year capital improvements plan, to be included in
2730the consolidated annual report required by s. 373.036(5)(7). The
2731plan must include expected sources of revenue for planned
2732improvements and must be prepared in a manner comparable to the
2733fixed capital outlay format set forth in s. 216.043.
2734     4.  A 5-year water resource development work program to be
2735furnished within 30 days after the adoption of the final budget.
2736The program must describe the district's implementation strategy
2737for the water resource development component of each approved
2738regional water supply plan developed or revised under s. 373.713
2739373.0361. The work program must address all the elements of the
2740water resource development component in the district's approved
2741regional water supply plans and must identify which projects in
2742the work program will provide water, explain how each water
2743resource development project will produce additional water
2744available for consumptive uses, estimate the quantity of water
2745to be produced by each project, and provide an assessment of the
2746contribution of the district's regional water supply plans in
2747providing sufficient water to meet the water supply needs of
2748existing and future reasonable-beneficial uses for a 1-in-10-
2749year drought event. Within 30 days after its submittal, the
2750department shall review the proposed work program and submit its
2751findings, questions, and comments to the district. The review
2752must include a written evaluation of the program's consistency
2753with the furtherance of the district's approved regional water
2754supply plans, and the adequacy of proposed expenditures. As part
2755of the review, the department shall give interested parties the
2756opportunity to provide written comments on each district's
2757proposed work program. Within 45 days after receipt of the
2758department's evaluation, the governing board shall state in
2759writing to the department which changes recommended in the
2760evaluation it will incorporate into its work program submitted
2761as part of the March 1 consolidated annual report required by s.
2762373.036(5)(7) or specify the reasons for not incorporating the
2763changes. The department shall include the district's responses
2764in a final evaluation report and shall submit a copy of the
2765report to the Governor, the President of the Senate, and the
2766Speaker of the House of Representatives.
2767     Section 30.  Subsection (11) of section 373.59, Florida
2768Statutes, is amended to read:
2769     373.59  Water Management Lands Trust Fund.--
2770     (11)  Notwithstanding any provision of this section to the
2771contrary, the governing board of a water management district may
2772request, and the Secretary of Environmental Protection shall
2773release upon such request, moneys allocated to the districts
2774pursuant to subsection (8) for purposes consistent with the
2775provisions of s. 373.713 373.0361, s. 373.709 373.0831, s.
2776373.139, or ss. 373.451-373.4595 and for legislatively
2777authorized land acquisition and water restoration initiatives.
2778No funds may be used pursuant to this subsection until necessary
2779debt service obligations, requirements for payments in lieu of
2780taxes, and land management obligations that may be required by
2781this chapter are provided for.
2782     Section 31.  Paragraph (g) of subsection (1) of section
2783378.212, Florida Statutes, is amended to read:
2784     378.212  Variances.--
2785     (1)  Upon application, the secretary may grant a variance
2786from the provisions of this part or the rules adopted pursuant
2787thereto. Variances and renewals thereof may be granted for any
2788one of the following reasons:
2789     (g)  To accommodate reclamation that provides water supply
2790development or water resource development not inconsistent with
2791the applicable regional water supply plan approved pursuant to
2792s. 373.713 373.0361, provided adverse impacts are not caused to
2793the water resources in the basin. A variance may also be granted
2794from the requirements of part IV of chapter 373, or the rules
2795adopted thereunder, when a project provides an improvement in
2796water availability in the basin and does not cause adverse
2797impacts to water resources in the basin.
2798     Section 32.  Subsection (9) of section 378.404, Florida
2799Statutes, is amended to read:
2800     378.404  Department of Environmental Protection; powers and
2801duties.--The department shall have the following powers and
2802duties:
2803     (9)  To grant variances from the provisions of this part to
2804accommodate reclamation that provides for water supply
2805development or water resource development not inconsistent with
2806the applicable regional water supply plan approved pursuant to
2807s. 373.713 373.0361, appropriate stormwater management, improved
2808wildlife habitat, recreation, or a mixture thereof, provided
2809adverse impacts are not caused to the water resources in the
2810basin and public health and safety are not adversely affected.
2811     Section 33.  Subsection (14) of section 403.031, Florida
2812Statutes, is amended to read:
2813     403.031  Definitions.--In construing this chapter, or rules
2814and regulations adopted pursuant hereto, the following words,
2815phrases, or terms, unless the context otherwise indicates, have
2816the following meanings:
2817     (14)  "State water resource implementation rule" means the
2818rule authorized by s. 373.707 373.036, which sets forth goals,
2819objectives, and guidance for the development and review of
2820programs, rules, and plans relating to water resources, based on
2821statutory policies and directives. The waters of the state are
2822among its most basic resources. Such waters should be managed to
2823conserve and protect water resources and to realize the full
2824beneficial use of these resources.
2825     Section 34.  Paragraph (a) of subsection (3) of section
2826403.0891, Florida Statutes, is amended to read:
2827     403.0891  State, regional, and local stormwater management
2828plans and programs.--The department, the water management
2829districts, and local governments shall have the responsibility
2830for the development of mutually compatible stormwater management
2831programs.
2832     (3)(a)  Each local government required by chapter 163 to
2833submit a comprehensive plan, whose plan is submitted after July
28341, 1992, and the others when updated after July 1, 1992, in the
2835development of its stormwater management program described by
2836elements within its comprehensive plan shall consider the water
2837resource implementation rule, district stormwater management
2838goals, plans approved pursuant to the Surface Water Improvement
2839and Management Act, ss. 373.451-373.4595, and technical
2840assistance information provided by the water management
2841districts pursuant to s. 373.715 373.0391.
2842     Section 35.  Paragraphs (r) and (u) of subsection (1) of
2843section 403.813, Florida Statutes, are amended to read:
2844     403.813  Permits issued at district centers; exceptions.--
2845     (1)  A permit is not required under this chapter, chapter
2846373, chapter 61-691, Laws of Florida, or chapter 25214 or
2847chapter 25270, 1949, Laws of Florida, for activities associated
2848with the following types of projects; however, except as
2849otherwise provided in this subsection, nothing in this
2850subsection relieves an applicant from any requirement to obtain
2851permission to use or occupy lands owned by the Board of Trustees
2852of the Internal Improvement Trust Fund or any water management
2853district in its governmental or proprietary capacity or from
2854complying with applicable local pollution control programs
2855authorized under this chapter or other requirements of county
2856and municipal governments:
2857     (r)  The removal of aquatic plants, the removal of
2858tussocks, the associated replanting of indigenous aquatic
2859plants, and the associated removal from lakes of organic
2860detrital material when such planting or removal is performed and
2861authorized by permit or exemption granted under s. 369.20 or s.
2862369.25, provided that:
2863     1.  Organic detrital material that exists on the surface of
2864natural mineral substrate shall be allowed to be removed to a
2865depth of 3 feet or to the natural mineral substrate, whichever
2866is less;
2867     2.  All material removed pursuant to this paragraph shall
2868be deposited in an upland site in a manner that will prevent the
2869reintroduction of the material into waters in the state except
2870when spoil material is permitted to be used to create wildlife
2871islands in freshwater bodies of the state when a governmental
2872entity is permitted pursuant to s. 369.20 to create such islands
2873as a part of a restoration or enhancement project;
2874     3.  All activities are performed in a manner consistent
2875with state water quality standards; and
2876     4.  No activities under this exemption are conducted in
2877wetland areas, as defined by s. 373.019(19)(25), which are
2878supported by a natural soil as shown in applicable United States
2879Department of Agriculture county soil surveys, except when a
2880governmental entity is permitted pursuant to s. 369.20 to
2881conduct such activities as a part of a restoration or
2882enhancement project.
2883
2884The department may not adopt implementing rules for this
2885paragraph, notwithstanding any other provision of law.
2886     (u)  Notwithstanding any provision to the contrary in this
2887subsection, a permit or other authorization under chapter 253,
2888chapter 369, chapter 373, or this chapter is not required for an
2889individual residential property owner for the removal of organic
2890detrital material from freshwater rivers or lakes that have a
2891natural sand or rocky substrate and that are not Aquatic
2892Preserves or for the associated removal and replanting of
2893aquatic vegetation for the purpose of environmental enhancement,
2894providing that:
2895     1.  No activities under this exemption are conducted in
2896wetland areas, as defined by s. 373.019(19)(25), which are
2897supported by a natural soil as shown in applicable United States
2898Department of Agriculture county soil surveys.
2899     2.  No filling or peat mining is allowed.
2900     3.  No removal of native wetland trees, including, but not
2901limited to, ash, bay, cypress, gum, maple, or tupelo, occurs.
2902     4.  When removing organic detrital material, no portion of
2903the underlying natural mineral substrate or rocky substrate is
2904removed.
2905     5.  Organic detrital material and plant material removed is
2906deposited in an upland site in a manner that will not cause
2907water quality violations.
2908     6.  All activities are conducted in such a manner, and with
2909appropriate turbidity controls, so as to prevent any water
2910quality violations outside the immediate work area.
2911     7.  Replanting with a variety of aquatic plants native to
2912the state shall occur in a minimum of 25 percent of the
2913preexisting vegetated areas where organic detrital material is
2914removed, except for areas where the material is removed to bare
2915rocky substrate; however, an area may be maintained clear of
2916vegetation as an access corridor. The access corridor width may
2917not exceed 50 percent of the property owner's frontage or 50
2918feet, whichever is less, and may be a sufficient length
2919waterward to create a corridor to allow access for a boat or
2920swimmer to reach open water. Replanting must be at a minimum
2921density of 2 feet on center and be completed within 90 days
2922after removal of existing aquatic vegetation, except that under
2923dewatered conditions replanting must be completed within 90 days
2924after reflooding. The area to be replanted must extend waterward
2925from the ordinary high water line to a point where normal water
2926depth would be 3 feet or the preexisting vegetation line,
2927whichever is less. Individuals are required to make a reasonable
2928effort to maintain planting density for a period of 6 months
2929after replanting is complete, and the plants, including
2930naturally recruited native aquatic plants, must be allowed to
2931expand and fill in the revegetation area. Native aquatic plants
2932to be used for revegetation must be salvaged from the
2933enhancement project site or obtained from an aquatic plant
2934nursery regulated by the Department of Agriculture and Consumer
2935Services. Plants that are not native to the state may not be
2936used for replanting.
2937     8.  No activity occurs any farther than 100 feet waterward
2938of the ordinary high water line, and all activities must be
2939designed and conducted in a manner that will not unreasonably
2940restrict or infringe upon the riparian rights of adjacent upland
2941riparian owners.
2942     9.  The person seeking this exemption notifies the
2943applicable department district office in writing at least 30
2944days before commencing work and allows the department to conduct
2945a preconstruction site inspection. Notice must include an
2946organic-detrital-material removal and disposal plan and, if
2947applicable, a vegetation-removal and revegetation plan.
2948     10.  The department is provided written certification of
2949compliance with the terms and conditions of this paragraph
2950within 30 days after completion of any activity occurring under
2951this exemption.
2952     Section 36.  Paragraph (a) of subsection (1) and paragraph
2953(a) of subsection (2) of section 403.890, Florida Statutes, are
2954amended to read:
2955     403.890  Water Protection and Sustainability Program;
2956intent; goals; purposes.--
2957     (1)  Effective July 1, 2006, revenues transferred from the
2958Department of Revenue pursuant to s. 201.15(1)(c)2. shall be
2959deposited into the Water Protection and Sustainability Program
2960Trust Fund in the Department of Environmental Protection. These
2961revenues and any other additional revenues deposited into or
2962appropriated to the Water Protection and Sustainability Program
2963Trust Fund shall be distributed by the Department of
2964Environmental Protection in the following manner:
2965     (a)  Sixty percent to the Department of Environmental
2966Protection for the implementation of an alternative water supply
2967program as provided in s. 373.717 373.1961.
2968     (2)  Applicable beginning in the 2007-2008 fiscal year,
2969revenues transferred from the Department of Revenue pursuant to
2970s. 201.15(1)(d)2. shall be deposited into the Water Protection
2971and Sustainability Program Trust Fund in the Department of
2972Environmental Protection. These revenues and any other
2973additional revenues deposited into or appropriated to the Water
2974Protection and Sustainability Program Trust Fund shall be
2975distributed by the Department of Environmental Protection in the
2976following manner:
2977     (a)  Sixty-five percent to the Department of Environmental
2978Protection for the implementation of an alternative water supply
2979program as provided in s. 373.717 373.1961.
2980     Section 37.  Subsection (6) of section 556.102, Florida
2981Statutes, is amended to read:
2982     556.102  Definitions.--As used in this act:
2983     (6)  "Excavate" or "excavation" means any manmade cut,
2984cavity, trench, or depression in the earth's surface, formed by
2985removal of earth, intended to change the grade or level of land,
2986or intended to penetrate or disturb the surface of the earth,
2987including land beneath the waters of the state, as defined in s.
2988373.019(16)(20), and the term includes pipe bursting and
2989directional drilling or boring from one point to another point
2990beneath the surface of the earth, or other trenchless
2991technologies.
2992     Section 38.  Section 682.02, Florida Statutes, is amended
2993to read:
2994     682.02  Arbitration agreements made valid, irrevocable, and
2995enforceable; scope.--Two or more parties may agree in writing to
2996submit to arbitration any controversy existing between them at
2997the time of the agreement, or they may include in a written
2998contract a provision for the settlement by arbitration of any
2999controversy thereafter arising between them relating to such
3000contract or the failure or refusal to perform the whole or any
3001part thereof. This section also applies to written interlocal
3002agreements under ss. 163.01 and 373.717 373.1962 in which two or
3003more parties agree to submit to arbitration any controversy
3004between them concerning water use permit applications and other
3005matters, regardless of whether or not the water management
3006district with jurisdiction over the subject application is a
3007party to the interlocal agreement or a participant in the
3008arbitration. Such agreement or provision shall be valid,
3009enforceable, and irrevocable without regard to the justiciable
3010character of the controversy; provided that this act shall not
3011apply to any such agreement or provision to arbitrate in which
3012it is stipulated that this law shall not apply or to any
3013arbitration or award thereunder.
3014     Section 39.  Section 373.71, Florida Statutes, is
3015renumbered as section 373.69, Florida Statutes.
3016     Section 40.  Sections 373.0361, 373.0391, 373.0831,
3017373.196, 373.1961, 373.1962, and 373.1963, Florida Statutes, are
3018repealed.
3019     Section 41.  This act shall take effect July 1, 2009.


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