1 | A bill to be entitled |
2 | An act relating to water supply; creating part VII of ch. |
3 | 373, F.S., relating to water supply policy, planning, |
4 | production, and funding; providing a declaration of |
5 | policy; providing definitions; providing for the powers |
6 | and duties of water management district governing boards; |
7 | requiring the Department of Environmental Protection to |
8 | develop the Florida water supply plan; providing |
9 | components of the plan; requiring water management |
10 | district governing boards to develop water supply plans |
11 | for their respective regions; providing components of |
12 | district water supply plans; providing legislative |
13 | findings and intent with respect to water resource |
14 | development and water supply development; requiring water |
15 | management districts to fund and implement water resource |
16 | development; specifying water supply development projects |
17 | that are eligible to receive priority consideration for |
18 | state or water management district funding assistance; |
19 | encouraging cooperation in the development of water |
20 | supplies; providing for alternative water supply |
21 | development; encouraging municipalities, counties, and |
22 | special districts to create regional water supply |
23 | authorities; establishing the primary roles of the water |
24 | management districts in alternative water supply |
25 | development; establishing the primary roles of local |
26 | governments, regional water supply authorities, special |
27 | districts, and publicly owned and privately owned water |
28 | utilities in alternative water supply development; |
29 | requiring the water management districts to detail the |
30 | specific allocations to be used for alternative water |
31 | supply development in their annual budget submission; |
32 | requiring that the water management districts include the |
33 | amount needed to implement the water supply development |
34 | projects in each annual budget; establishing general |
35 | funding criteria for funding assistance to the state or |
36 | water management districts; establishing economic |
37 | incentives for alternative water supply development; |
38 | providing a funding formula for the distribution of state |
39 | funds to the water management districts for alternative |
40 | water supply development; requiring that funding |
41 | assistance for alternative water supply development be |
42 | limited to a percentage of the total capital costs of an |
43 | approved project; establishing a selection process and |
44 | criteria; providing for cost recovery from the Public |
45 | Service Commission; requiring a water management district |
46 | governing board to conduct water supply planning for each |
47 | region identified in the district water supply plan; |
48 | providing procedures and requirements with respect to |
49 | regional water supply plans; providing for joint |
50 | development of a specified water supply development |
51 | component of a regional water supply plan within the |
52 | boundaries of the Southwest Florida Water Management |
53 | District; providing that approval of a regional water |
54 | supply plan is not subject to the rulemaking requirements |
55 | of the Administrative Procedure Act; requiring the |
56 | department to submit annual reports on the status of |
57 | regional water supply planning in each district; providing |
58 | construction with respect to the water supply development |
59 | component of a regional water supply plan; requiring water |
60 | management districts to present to certain entities the |
61 | relevant portions of a regional water supply plan; |
62 | requiring certain entities to provide written notification |
63 | to water management districts as to the implementation of |
64 | water supply project options; requiring water management |
65 | districts to notify local governments of the need for |
66 | alternative water supply projects; requiring water |
67 | management districts to assist local governments in the |
68 | development and future revision of local government |
69 | comprehensive plan elements or public facilities reports |
70 | related to water resource issues; providing for the |
71 | creation of regional water supply authorities; providing |
72 | purpose of such authorities; specifying considerations |
73 | with respect to the creation of a proposed authority; |
74 | specifying authority of a regional water supply authority; |
75 | providing authority of specified entities to convey title, |
76 | dedicate land, or grant land-use rights to a regional |
77 | water supply authority for specified purposes; providing |
78 | preferential rights of counties and municipalities to |
79 | purchase water from regional water supply authorities; |
80 | providing exemption for specified water supply authorities |
81 | from consideration of certain factors and submissions; |
82 | providing applicability of such exemptions; authorizing |
83 | the West Coast Regional Water Supply Authority and its |
84 | member governments to reconstitute the authority's |
85 | governance and rename the authority under a voluntary |
86 | interlocal agreement; providing compliance requirements |
87 | with respect to the interlocal agreement; providing for |
88 | supersession of conflicting general or special laws; |
89 | providing requirements with respect to annual budgets; |
90 | specifying the annual millage for the authority; |
91 | authorizing the authority to request the governing board |
92 | of the district to levy ad valorem taxes within the |
93 | boundaries of the authority to finance authority |
94 | functions; providing requirements and procedures with |
95 | respect to the collection of such taxes; amending ss. |
96 | 11.80, 120.52, 163.3167, and 163.3177, 163.3191, 186.009, |
97 | 189.404, 189.4155, 189.4156, and 367.021, F.S.; conforming |
98 | cross-references and terminology; amending s. 373.016, |
99 | F.S., relating to the declaration of policy, to conform; |
100 | amending s. 373.019, F.S., relating to definitions, to |
101 | conform; amending s. 373.026, F.S.; conforming a cross- |
102 | reference; amending s. 373.036, F.S., relating to the |
103 | Florida water plan and district water management plans, to |
104 | include the Florida water supply plan and district water |
105 | supply plans and make other conforming changes; amending |
106 | ss. 373.042, 373.0421, 373.0695, 373.199, 373.223, |
107 | 373.2234, 373.229, 373.414, 373.421, 373.4592, 373.45926, |
108 | 373.4595, 373.470, 373.536, 373.59, 378.212, 378.404, |
109 | 403.031, 403.0891, 403.813, 403.890, 556.102, and 682.02, |
110 | F.S.; conforming cross-references; renumbering s. 373.71, |
111 | F.S., relating to the Apalachicola-Chattahoochee-Flint |
112 | River Basin Compact, to clarify retention of the section |
113 | in part VI of ch. 373, F.S.; repealing s. 373.0361, F.S., |
114 | relating to regional water supply planning; repealing s. |
115 | 373.0391, F.S., relating to technical assistance to local |
116 | governments; repealing s. 373.0831, F.S., relating to |
117 | water resource and water supply development; repealing s. |
118 | 373.196, F.S., relating to alternative water supply |
119 | development; repealing s. 373.1961, F.S., relating to |
120 | water production and related powers and duties of water |
121 | management districts; repealing s. 373.1962, F.S., |
122 | relating to regional water supply authorities; repealing |
123 | s. 373.1963, F.S., relating to assistance to the West |
124 | Coast Regional Water Supply Authority; providing an |
125 | effective date. |
126 |
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127 | Be It Enacted by the Legislature of the State of Florida: |
128 |
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129 | Section 1. Part VII of chapter 373, Florida Statutes, |
130 | consisting of sections 373.701, 373.703, 373.705, 373.707, |
131 | 373.709, 373.711, 373.713, 373.715, 373.717, and 373.719, is |
132 | created 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 |
136 | policy of the Legislature that: |
137 | (1) Water constitutes a public resource benefiting the |
138 | entire state, and therefore water supply planning in the state |
139 | should be conducted on a state and regional basis. |
140 | (2) The availability of sufficient water for all existing |
141 | and future reasonable-beneficial uses and natural systems shall |
142 | be promoted. |
143 | (3) In order to protect the state's water resources and to |
144 | meet the current and future needs of those areas with abundant |
145 | water, the Legislature directs the Department of Environmental |
146 | Protection and the water management districts to encourage the |
147 | use of water from sources nearest the area of use or application |
148 | whenever practicable. Such sources shall include all naturally |
149 | occurring water sources and all alternative water sources, |
150 | including, but not limited to, desalination, conservation, reuse |
151 | of nonpotable reclaimed water and stormwater, and aquifer |
152 | storage and recovery. |
153 | (4) In establishing the policy outlined in subsection (3), |
154 | the Legislature realizes that, under certain circumstances, the |
155 | need to transport water from distant sources may be necessary |
156 | for environmental, technical, or economic reasons. |
157 | (5) Cooperative efforts between municipalities, counties, |
158 | water management districts, and the department are mandatory in |
159 | order to meet the water needs of rapidly urbanizing areas in a |
160 | manner that will supply adequate and dependable supplies of |
161 | water where needed without resulting in adverse effects upon the |
162 | areas from which such water is withdrawn. Such efforts should |
163 | use all practical means of obtaining water, including, but not |
164 | limited to, withdrawals of surface water and groundwater, |
165 | recycling wastewater, and desalination and will necessitate not |
166 | only cooperation but also well-coordinated activities. |
167 | (6) Municipalities and counties are encouraged to create |
168 | regional water supply authorities and multijurisdictional water |
169 | supply entities as authorized in this part. |
170 | (7) Nothing in this part shall be construed to preclude |
171 | the various municipalities and counties from continuing to |
172 | operate existing water production and transmission facilities or |
173 | to enter into cooperative agreements with other municipalities |
174 | and counties for the purpose of meeting their respective needs |
175 | for dependable and adequate supplies of water, provided that |
176 | obtaining water through such operations shall not be done in a |
177 | manner that results in adverse effects upon the areas from which |
178 | such water is withdrawn. |
179 | 373.703 Definitions.--As used in this part or in any rule, |
180 | regulation, or order adopted pursuant to this part, the |
181 | following terms shall, unless the context clearly indicates |
182 | otherwise, mean: |
183 | (1) "Alternative water supplies" means salt water; |
184 | brackish surface water and groundwater; surface water captured |
185 | predominately during wet-weather flows; sources made available |
186 | through the addition of new storage capacity for surface water |
187 | or groundwater, water that has been reclaimed after one or more |
188 | public supply, municipal, industrial, commercial, or |
189 | agricultural uses; the downstream augmentation of water bodies |
190 | with reclaimed water; stormwater; and any other water supply |
191 | source that is designated as nontraditional for a water supply |
192 | planning region in the applicable regional water supply plan. |
193 | (2) "Capital costs" means planning, design, engineering, |
194 | and project construction costs. |
195 | (3) "Department" means the Department of Environmental |
196 | Protection. |
197 | (4) "District water supply plan" means the regional plan |
198 | developed by a governing board under s. 373.707. |
199 | (5) "Florida water supply plan" means the state-level plan |
200 | developed by the department under s. 373.707. |
201 | (6) "Governing board" means the governing board of a water |
202 | management district. |
203 | (7) "Multijurisdictional water supply entity" means two or |
204 | more water utilities or local governments that have organized |
205 | into a larger entity, or entered into an interlocal agreement or |
206 | contract, for the purpose of more efficiently pursuing water |
207 | supply development or alternative water supply development |
208 | projects listed pursuant to a regional water supply plan. |
209 | (8) "Regional water supply plan" means a detailed water |
210 | supply plan developed by a governing board under s. 373.713. |
211 | (9) "Water management district" means any flood control, |
212 | resource management, or water management district operating |
213 | under the authority of this chapter. |
214 | (10) "Water resource development" means the formulation |
215 | and implementation of regional water resource management |
216 | strategies, including the collection and evaluation of surface |
217 | water and groundwater data; structural and nonstructural |
218 | programs to protect and manage water resources; the development |
219 | of regional water resource implementation programs; the |
220 | construction, operation, and maintenance of major public works |
221 | facilities to provide for surface water and underground water |
222 | storage and groundwater recharge augmentation; and related |
223 | technical assistance to local governments and to government- |
224 | owned and privately owned water utilities. |
225 | (11) "Water supply development" means the planning, |
226 | design, construction, operation, and maintenance of public or |
227 | private facilities for water collection, production, treatment, |
228 | transmission, or distribution for sale, resale, or end use. |
229 | 373.705 Powers and duties.--In the performance of, and in |
230 | conjunction with, its other powers and duties, the governing |
231 | board of a water management district existing pursuant to this |
232 | chapter: |
233 | (1) Shall engage in planning to assist counties, |
234 | municipalities, special districts, publicly owned and privately |
235 | owned water utilities, multijurisdictional water supply |
236 | entities, or regional water supply authorities in meeting water |
237 | supply needs in such manner as will give priority to encouraging |
238 | conservation and reducing adverse environmental effects of |
239 | improper or excessive withdrawals of water from concentrated |
240 | areas. As used in this section, regional water supply |
241 | authorities are regional water authorities created under s. |
242 | 373.717 or other laws of this state. |
243 | (2) Shall assist counties, municipalities, special |
244 | districts, publicly owned or privately owned water utilities, |
245 | multijurisdictional water supply entities, or regional water |
246 | supply authorities in meeting water supply needs in such manner |
247 | as will give priority to encouraging conservation and reducing |
248 | adverse environmental effects of improper or excessive |
249 | withdrawals of water from concentrated areas. |
250 | (3) May establish, design, construct, operate, and |
251 | maintain water production and transmission facilities for the |
252 | purpose of supplying water to counties, municipalities, special |
253 | districts, publicly owned and privately owned water utilities, |
254 | multijurisdictional water supply entities, or regional water |
255 | supply authorities. The permit required by part II of this |
256 | chapter for a water management district engaged in water |
257 | production and transmission shall be granted, denied, or granted |
258 | with conditions by the department. |
259 | (4) Shall not engage in local water supply distribution. |
260 | (5) Shall not deprive, directly or indirectly, any county |
261 | wherein water is withdrawn of the prior right to the reasonable |
262 | and beneficial use of water which is required to supply |
263 | adequately the reasonable and beneficial needs of the county or |
264 | any of the inhabitants or property owners in the county. |
265 | (6) May provide water and financial assistance to regional |
266 | water supply authorities, but may not provide water to counties |
267 | and municipalities that are located within the area of such |
268 | authority without the specific approval of the authority or, in |
269 | the event of the authority's disapproval, the approval of the |
270 | Governor and Cabinet sitting as the Land and Water Adjudicatory |
271 | Commission. The district may supply water at rates and upon |
272 | terms mutually agreed to by the parties or, if they do not |
273 | agree, as set by the governing board and specifically approved |
274 | by the Land and Water Adjudicatory Commission. |
275 | (7) May acquire title to such interest as is necessary in |
276 | real property, by purchase, gift, devise, lease, eminent domain, |
277 | or otherwise, for water production and transmission consistent |
278 | with this section and s. 373.711. However, the district shall |
279 | not use any of the eminent domain powers granted in this section |
280 | to acquire water and water rights already devoted to reasonable |
281 | and beneficial use or any water production or transmission |
282 | facilities owned by any county, municipality, or regional water |
283 | supply authority. The district may exercise eminent domain |
284 | powers outside of its district boundaries for the acquisition of |
285 | pumpage facilities, storage areas, transmission facilities, and |
286 | the normal appurtenances thereto, provided that at least 45 days |
287 | prior to the exercise of eminent domain, the district notifies |
288 | the district where the property is located after public notice |
289 | and the district where the property is located does not object |
290 | within 45 days after notification of such exercise of eminent |
291 | domain authority. |
292 | (8) In addition to the power to issue revenue bonds |
293 | pursuant to s. 373.584, may issue revenue bonds for the purposes |
294 | of paying the costs and expenses incurred in carrying out the |
295 | purposes of this chapter or refunding obligations of the |
296 | district issued pursuant to this section. Such revenue bonds |
297 | shall be secured by, and be payable from, revenues derived from |
298 | the operation, lease, or use of its water production and |
299 | transmission facilities and other water-related facilities and |
300 | from the sale of water or services relating thereto. Such |
301 | revenue bonds may not be secured by, or be payable from, moneys |
302 | derived by the district from the Water Management Lands Trust |
303 | Fund or from ad valorem taxes received by the district. All |
304 | provisions of s. 373.584 relating to the issuance of revenue |
305 | bonds which are not inconsistent with this section shall apply |
306 | to the issuance of revenue bonds pursuant to this section. The |
307 | district may also issue bond anticipation notes in accordance |
308 | with the provisions of s. 373.584. |
309 | (9) May join with one or more other water management |
310 | districts, counties, municipalities, special districts, publicly |
311 | owned or privately owned water utilities, multijurisdictional |
312 | water supply entities, or regional water supply authorities for |
313 | the purpose of carrying out any of its powers, and may contract |
314 | with such other entities to finance acquisitions, construction, |
315 | operation, and maintenance. The contract may provide for |
316 | contributions to be made by each party thereto, for the division |
317 | and apportionment of the expenses of acquisitions, construction, |
318 | operation, and maintenance, and for the division and |
319 | apportionment of the benefits, services, and products therefrom. |
320 | The contracts may contain other covenants and agreements |
321 | necessary and appropriate to accomplish their purposes. |
322 | 373.707 Florida water supply plan; district water supply |
323 | plans.-- |
324 | (1) In cooperation with the water management districts, |
325 | regional water supply authorities, and others, the department |
326 | shall develop the Florida water supply plan. The Florida water |
327 | supply plan shall include, but not be limited to: |
328 | (a) The programs and activities of the department related |
329 | to water supply. |
330 | (b) The district water supply plans. |
331 | (c) Goals, objectives, and guidance for the development |
332 | and review of programs, rules, and plans relating to water |
333 | supply based on statutory policies and directives. |
334 | (2)(a) Each governing board shall develop a district water |
335 | supply plan for its region. The district water supply plan shall |
336 | be based on at least a 20-year planning period, shall be |
337 | developed and revised in cooperation with other agencies, |
338 | regional water supply authorities, units of government, and |
339 | interested parties and shall be updated at least once every 5 |
340 | years. The governing board shall hold a public hearing at least |
341 | 30 days in advance of completing the development or revision of |
342 | the district water supply plan. |
343 | (b) The district water supply plan shall include, but not |
344 | be limited to: |
345 | 1. The scientific methodologies for establishing minimum |
346 | flows and levels under s. 373.042 and all established minimum |
347 | flows and levels. |
348 | 2. Identification of one or more water supply planning |
349 | regions that singly or together encompass the entire district. |
350 | 3. Technical data and information prepared under s. |
351 | 373.715. |
352 | 4. A districtwide water supply assessment that determines |
353 | for each water supply planning region: |
354 | a. Existing legal uses, reasonably anticipated future |
355 | needs, and existing and reasonably anticipated sources of water |
356 | and conservation efforts. |
357 | b. Whether existing and reasonably anticipated sources of |
358 | water and conservation efforts are adequate to supply water for |
359 | all existing legal uses and reasonably anticipated future needs |
360 | and to sustain the water resources and related natural systems. |
361 | 5. Any completed regional water supply plans prepared |
362 | pursuant to s. 373.713. |
363 | (c) If necessary for implementation, the governing board |
364 | shall adopt by rule or order relevant portions of the district |
365 | water supply plan to the extent of its statutory authority. |
366 | (d) In the formulation of the district water supply plan, |
367 | the governing board shall give due consideration to: |
368 | 1. The attainment of maximum reasonable-beneficial use of |
369 | water resources. |
370 | 2. The maximum economic development of the water resources |
371 | consistent with other uses. |
372 | 3. The management of water resources for such purposes as |
373 | environmental protection, drainage, flood control, and water |
374 | storage. |
375 | 4. The quantity of water available for application to a |
376 | reasonable-beneficial use. |
377 | 5. The prevention of wasteful, uneconomical, impractical, |
378 | or 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 |
381 | chapter. |
382 | (3) The department and governing board shall give careful |
383 | consideration to the requirements of public recreation and to |
384 | the protection and propagation of fish and wildlife. The |
385 | department or governing board may prohibit or restrict other |
386 | future uses on certain designated bodies of water which may be |
387 | inconsistent with these objectives. |
388 | (4) The governing board may designate certain uses in |
389 | connection with a particular source of supply that, because of |
390 | the nature of the activity or the amount of water required, |
391 | would constitute an undesirable use for which the governing |
392 | board may deny a permit. |
393 | (5) The governing board may designate certain uses in |
394 | connection with a particular source of supply that, because of |
395 | the nature of the activity or the amount of water required, |
396 | would result in an enhancement or improvement of the water |
397 | resources of the area. Such uses shall be preferred over other |
398 | uses in the event of competing applications under the permitting |
399 | systems authorized by this chapter. |
400 | (6) The department, in cooperation with the Executive |
401 | Office of the Governor, may add to the Florida water supply plan |
402 | any other information, directions, or objectives it deems |
403 | necessary or desirable for the guidance of the governing boards |
404 | or other agencies in the administration and enforcement of this |
405 | chapter. |
406 | 373.709 Water resource development; water supply |
407 | development.-- |
408 | (1) The Legislature finds that: |
409 | (a) The proper role of the water management districts in |
410 | water supply is primarily planning and water resource |
411 | development, but this does not preclude them from providing |
412 | assistance with water supply development. |
413 | (b) The proper role of local government, regional water |
414 | supply authorities, and government-owned and privately owned |
415 | water utilities in water supply is primarily water supply |
416 | development, but this does not preclude them from providing |
417 | assistance with water resource development. |
418 | (c) Water resource development and water supply |
419 | development must receive priority attention, where needed, to |
420 | increase the availability of sufficient water for all existing |
421 | and 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 |
424 | future reasonable-beneficial uses and the natural systems and |
425 | that the adverse effects of competition for water supplies be |
426 | avoided. |
427 | (b) Water management districts take the lead in |
428 | identifying and implementing water resource development projects |
429 | and are responsible for securing necessary funding for |
430 | regionally significant water resource development projects. |
431 | (c) Local governments, regional water supply authorities, |
432 | and government-owned and privately owned water utilities take |
433 | the lead in securing funds for and implementing water supply |
434 | development projects. Generally, direct beneficiaries of water |
435 | supply development projects should pay the costs of the projects |
436 | from which they benefit, and water supply development projects |
437 | should continue to be paid for through local funding sources. |
438 | (d) Water supply development be conducted in coordination |
439 | with water management district regional water supply planning |
440 | and water resource development. |
441 | (3) The water management districts shall fund and |
442 | implement water resource development as defined in s. 373.703. |
443 | The water management districts are encouraged to implement their |
444 | responsibility for water resource development and to assist in |
445 | water supply development as expeditiously as possible in areas |
446 | subject to regional water supply plans. |
447 | (4) Each governing board shall include in its annual |
448 | budget an amount to be made available for the fiscal year to |
449 | assist in implementing alternative water supply development |
450 | projects listed pursuant to s. 373.713(2)(a)2. |
451 | (5)(a) Water supply development projects that are included |
452 | in the relevant regional water supply plans and that meet one or |
453 | more of the following criteria shall receive priority |
454 | consideration for state or water management district funding |
455 | assistance: |
456 | 1. The project supports establishment of a dependable, |
457 | sustainable supply of water from alternative water supplies; |
458 | 2. The project provides substantial environmental benefits |
459 | by preventing or limiting adverse water resource impacts but |
460 | requires funding assistance to be economically competitive with |
461 | other options; |
462 | 3. The project significantly implements the reuse, |
463 | storage, recharge, or conservation of water in a manner that |
464 | contributes to the sustainability of regional water sources; or |
465 | 4. The project significantly contributes to a recovery |
466 | plan pursuant to s. 373.0421 for a minimum flow or level |
467 | established by a governing board. |
468 | (b) Water supply development projects that meet the |
469 | criteria in paragraph (a) and also bring about replacement of |
470 | existing sources in order to help implement a minimum flow or |
471 | level shall be given first consideration for state or water |
472 | management district funding assistance. |
473 | 373.711 Alternative water supply development.-- |
474 | (1) The purpose of this section is to encourage |
475 | cooperation in the development of water supplies and to provide |
476 | for alternative water supply development. Accordingly, the |
477 | Legislature finds that: |
478 | (a) Demands on natural supplies of fresh water to meet the |
479 | needs of a rapidly growing population and the needs of the |
480 | environment, agriculture, industry, and mining will continue to |
481 | increase. |
482 | (b) There is a need for the development of alternative |
483 | water supplies for Florida to sustain its economic growth, |
484 | economic viability, and natural resources. |
485 | (c) Alternative water supply development must receive |
486 | priority funding attention to increase the available supplies of |
487 | water to meet all existing and future reasonable-beneficial uses |
488 | and to benefit the natural systems. |
489 | (d) Cooperation between counties, municipalities, regional |
490 | water supply authorities, multijurisdictional water supply |
491 | entities, special districts, and publicly owned and privately |
492 | owned water utilities in the development of countywide and |
493 | multicountywide alternative water supply projects will allow for |
494 | necessary economies of scale and efficiencies to be achieved in |
495 | order to accelerate the development of new, dependable, and |
496 | sustainable alternative water supplies. |
497 | (e) It is in the public interest that county, municipal, |
498 | industrial, agricultural, and other public and private water |
499 | users, the Department of Environmental Protection, and the water |
500 | management districts cooperate and work together in the |
501 | development of alternative water supplies to avoid the adverse |
502 | effects of competition for limited supplies of water. Public |
503 | moneys or services provided to private entities for alternative |
504 | water supply development may constitute public purposes that |
505 | also are in the public interest. |
506 | (2) The Legislature also finds with regard to the |
507 | development of alternative water supplies that: |
508 | (a) Sufficient water must be available for all existing |
509 | and future reasonable-beneficial uses and the natural systems, |
510 | and the adverse effects of competition for water supplies must |
511 | be avoided. |
512 | (b) Alternative water supply development must be conducted |
513 | in coordination with water management district regional water |
514 | supply planning. |
515 | (c) Funding for the development of alternative water |
516 | supplies shall be a shared responsibility of water suppliers and |
517 | users, the state, and the water management districts, with water |
518 | suppliers and users having the primary responsibility and the |
519 | state and the water management districts being responsible for |
520 | providing funding assistance. |
521 | (3) The primary roles of the water management districts in |
522 | water resource development as it relates to supporting |
523 | alternative water supply development are: |
524 | (a) The formulation and implementation of regional water |
525 | resource management strategies that support alternative water |
526 | supply development. |
527 | (b) The collection and evaluation of surface water and |
528 | groundwater data to be used for a planning level assessment of |
529 | the feasibility of alternative water supply development |
530 | projects. |
531 | (c) The construction, operation, and maintenance of major |
532 | public works facilities for flood control, surface water and |
533 | underground water storage, and groundwater recharge augmentation |
534 | to support alternative water supply development. |
535 | (d) Planning for alternative water supply development as |
536 | provided in regional water supply plans in coordination with |
537 | local governments, regional water supply authorities, |
538 | multijurisdictional water supply entities, special districts, |
539 | and publicly owned and privately owned water utilities and self- |
540 | suppliers. |
541 | (e) The formulation and implementation of structural and |
542 | nonstructural programs to protect and manage water resources in |
543 | support of alternative water supply projects. |
544 | (f) The provision of technical and financial assistance to |
545 | local governments and publicly owned and privately owned water |
546 | utilities for alternative water supply projects. |
547 | (4) The primary roles of local government, regional water |
548 | supply authorities, multijurisdictional water supply entities, |
549 | special districts, and publicly owned and privately owned water |
550 | utilities in alternative water supply development are: |
551 | (a) The planning, design, construction, operation, and |
552 | maintenance of alternative water supply development projects. |
553 | (b) The formulation and implementation of alternative |
554 | water supply development strategies and programs. |
555 | (c) The planning, design, construction, operation, and |
556 | maintenance of facilities to collect, divert, produce, treat, |
557 | transmit, and distribute water for sale, resale, or end use. |
558 | (d) The coordination of alternative water supply |
559 | development activities with the appropriate water management |
560 | district having jurisdiction over the activity. |
561 | (5) Nothing in this section shall be construed to preclude |
562 | the various special districts, municipalities, and counties from |
563 | continuing to operate existing water production and transmission |
564 | facilities or to enter into cooperative agreements with other |
565 | special districts, municipalities, and counties for the purpose |
566 | of meeting their respective needs for dependable and adequate |
567 | supplies of water; however, the obtaining of water through such |
568 | operations shall not be done in a manner that results in adverse |
569 | effects upon the areas from which such water is withdrawn. |
570 | (6)(a) The statewide funds provided pursuant to the Water |
571 | Protection and Sustainability Program serve to supplement |
572 | existing water management district or basin board funding for |
573 | alternative water supply development assistance and should not |
574 | result in a reduction of such funding. Therefore, the water |
575 | management districts shall include in the annual tentative and |
576 | adopted budget submittals required under this chapter the amount |
577 | of funds allocated for water resource development that supports |
578 | alternative water supply development and the funds allocated for |
579 | alternative water supply projects selected for inclusion in the |
580 | Water Protection and Sustainability Program. It shall be the |
581 | goal of each water management district and basin board that the |
582 | combined funds allocated annually for these purposes be, at a |
583 | minimum, the equivalent of 100 percent of the state funding |
584 | provided to the water management district for alternative water |
585 | supply development. If this goal is not achieved, the water |
586 | management district shall provide in the budget submittal an |
587 | explanation of the reasons or constraints that prevent this goal |
588 | from being met, an explanation of how the goal will be met in |
589 | future years, and affirmation of match is required during the |
590 | budget review process as established under s. 373.536(5). The |
591 | Suwannee River Water Management District and the Northwest |
592 | Florida Water Management District shall not be required to meet |
593 | the match requirements of this paragraph; however, they shall |
594 | try to achieve the match requirement to the greatest extent |
595 | practicable. |
596 | (b) State funds from the Water Protection and |
597 | Sustainability Program created in s. 403.890 shall be made |
598 | available for financial assistance for the project construction |
599 | costs of alternative water supply development projects selected |
600 | by a water management district governing board for inclusion in |
601 | the program. |
602 | (7) The water management district shall implement its |
603 | responsibilities as expeditiously as possible in areas subject |
604 | to regional water supply plans. Each district's governing board |
605 | shall include in its annual budget the amount needed for the |
606 | fiscal year to assist in implementing alternative water supply |
607 | development projects. |
608 | (8)(a) The water management districts and the state shall |
609 | share a percentage of revenues with water providers and users, |
610 | including local governments; water, wastewater, and reuse |
611 | utilities; municipal, special district, industrial, and |
612 | agricultural water users; and other public and private water |
613 | users, to be used to supplement other funding sources in the |
614 | development of alternative water supplies. |
615 | (b) Beginning in fiscal year 2009-2010, the state shall |
616 | annually provide a portion of those revenues deposited into the |
617 | Water Protection and Sustainability Program Trust Fund for the |
618 | purpose of providing funding assistance for the development of |
619 | alternative water supplies pursuant to the Water Protection and |
620 | Sustainability Program. At the beginning of each fiscal year, |
621 | beginning with fiscal year 2009-2010, such revenues shall be |
622 | distributed by the department into the alternative water supply |
623 | trust fund accounts created by each district for the purpose of |
624 | alternative water supply development under the following funding |
625 | formula: |
626 | 1. Thirty percent to the South Florida Water Management |
627 | District; |
628 | 2. Twenty-five percent to the Southwest Florida Water |
629 | Management District; |
630 | 3. Twenty-five percent to the St. Johns River Water |
631 | Management District; |
632 | 4. Ten percent to the Suwannee River Water Management |
633 | District; and |
634 | 5. Ten percent to the Northwest Florida Water Management |
635 | District. |
636 | (c) The financial assistance for alternative water supply |
637 | projects allocated in each district's budget as required in |
638 | subsection (6) shall be combined with the state funds and used |
639 | to assist in funding the project construction costs of |
640 | alternative water supply projects selected by the governing |
641 | board. If the district has not completed any regional water |
642 | supply plan, or the regional water supply plan does not identify |
643 | the need for any alternative water supply projects, funds |
644 | deposited in that district's trust fund may be used for water |
645 | resource development projects, including, but not limited to, |
646 | springs protection. |
647 | (d) All projects submitted to the governing board for |
648 | consideration shall reflect the total capital cost for |
649 | implementation. The costs shall be segregated pursuant to the |
650 | categories described in the definition of capital costs. |
651 | (e) Applicants for projects that may receive funding |
652 | assistance pursuant to the Water Protection and Sustainability |
653 | Program shall, at a minimum, be required to pay 60 percent of |
654 | the project's construction costs. The water management districts |
655 | may, at their discretion, totally or partially waive this |
656 | requirement for projects sponsored by financially disadvantaged |
657 | small local governments as defined in former s. 403.885(3)(c). |
658 | The water management districts or basin boards may, at their |
659 | discretion, use ad valorem or federal revenues to assist a |
660 | project applicant in meeting the requirements of this paragraph. |
661 | (f) The governing boards shall determine those projects |
662 | that will be selected for financial assistance. The governing |
663 | boards may establish factors to determine project funding; |
664 | however, significant weight shall be given to the following |
665 | factors: |
666 | 1. Whether the project provides substantial environmental |
667 | benefits by preventing or limiting adverse water resource |
668 | impacts. |
669 | 2. Whether the project reduces competition for water |
670 | supplies. |
671 | 3. Whether the project brings about replacement of |
672 | traditional sources in order to help implement a minimum flow or |
673 | level or a reservation. |
674 | 4. Whether the project will be implemented by a |
675 | consumptive use permittee that has achieved the targets |
676 | contained in a goal-based water conservation program approved |
677 | pursuant to s. 373.227. |
678 | 5. The quantity of water supplied by the project as |
679 | compared to its cost. |
680 | 6. Projects in which the construction and delivery to end |
681 | users of reuse water is a major component. |
682 | 7. Whether the project will be implemented by a |
683 | multijurisdictional water supply entity or regional water supply |
684 | authority. |
685 | (g) Additional factors to be considered in determining |
686 | project funding shall include: |
687 | 1. Whether the project is part of a plan to implement two |
688 | or more alternative water supply projects, all of which will be |
689 | operated to produce water at a uniform rate for the participants |
690 | in a multijurisdictional water supply entity or regional water |
691 | supply authority. |
692 | 2. The percentage of project costs to be funded by the |
693 | water supplier or water user. |
694 | 3. Whether the project proposal includes sufficient |
695 | preliminary planning and engineering to demonstrate that the |
696 | project can reasonably be implemented within the timeframes |
697 | provided in the regional water supply plan. |
698 | 4. Whether the project is a subsequent phase of an |
699 | alternative water supply project that is underway. |
700 | 5. Whether and in what percentage a local government or |
701 | local government utility is transferring water supply system |
702 | revenues to the local government general fund in excess of |
703 | reimbursements for services received from the general fund, |
704 | including direct and indirect costs and legitimate payments in |
705 | lieu of taxes. |
706 | (h) After conducting one or more meetings to solicit |
707 | public input on eligible projects, including input from those |
708 | entities identified pursuant to s. 373.713(2)(a)2.d. for |
709 | implementation of alternative water supply projects, the |
710 | governing board of each water management district shall select |
711 | projects for funding assistance based upon the criteria set |
712 | forth in paragraphs (f) and (g). The governing board may select |
713 | a project identified or listed as an alternative water supply |
714 | development project in the regional water supply plan, or |
715 | allocate up to 20 percent of the funding for alternative water |
716 | supply projects that are not identified or listed in the |
717 | regional water supply plan but are consistent with the goals of |
718 | the plan. |
719 | (i) Without diminishing amounts available through other |
720 | means described in this subsection, the governing boards are |
721 | encouraged to consider establishing revolving loan funds to |
722 | expand the total funds available to accomplish the objectives of |
723 | this section. A revolving loan fund created under this paragraph |
724 | must be a nonlapsing fund from which the water management |
725 | district may make loans with interest rates below prevailing |
726 | market rates to public or private entities for the purposes |
727 | described in this section. The governing board may adopt |
728 | resolutions to establish revolving loan funds which must specify |
729 | the details of the administration of the fund, the procedures |
730 | for applying for loans from the fund, the criteria for awarding |
731 | loans from the fund, the initial capitalization of the fund, and |
732 | the goals for future capitalization of the fund in subsequent |
733 | budget years. Revolving loan funds created under this paragraph |
734 | must be used to expand the total sums and sources of cooperative |
735 | funding available for the development of alternative water |
736 | supplies. The Legislature does not intend for the creation of |
737 | revolving loan funds to supplant or otherwise reduce existing |
738 | sources or amounts of funds currently available through other |
739 | means. |
740 | (j) For each utility that receives financial assistance |
741 | from the state or a water management district for an alternative |
742 | water supply project, the water management district shall |
743 | require the appropriate rate-setting authority to develop rate |
744 | structures for water customers in the service area of the funded |
745 | utility that will: |
746 | 1. Promote the conservation of water; and |
747 | 2. Promote the use of water from alternative water |
748 | supplies. |
749 | (k) The governing boards shall establish a process for the |
750 | disbursal of revenues pursuant to this subsection. |
751 | (l) All revenues made available pursuant to this |
752 | subsection must be encumbered annually by the governing board |
753 | when it approves projects sufficient to expend the available |
754 | revenues. |
755 | (m) This subsection is not subject to the rulemaking |
756 | requirements of chapter 120. |
757 | (n) By March 1 of each year, as part of the consolidated |
758 | annual report required by s. 373.036(7), each water management |
759 | district shall submit a report on the disbursal of all budgeted |
760 | amounts pursuant to this section. Such report shall describe all |
761 | alternative water supply projects funded as well as the quantity |
762 | of new water to be created as a result of such projects and |
763 | shall account separately for any other moneys provided through |
764 | grants, matching grants, revolving loans, and the use of |
765 | district lands or facilities to implement regional water supply |
766 | plans. |
767 | (o) The Florida Public Service Commission shall allow |
768 | entities under its jurisdiction constructing or participating in |
769 | constructing facilities that provide alternative water supplies |
770 | to recover their full, prudently incurred cost of constructing |
771 | such facilities through their rate structure. If construction of |
772 | a facility or participation in construction is pursuant to or in |
773 | furtherance of a regional water supply plan, the cost shall be |
774 | deemed to be prudently incurred. Every component of an |
775 | alternative water supply facility constructed by an investor- |
776 | owned utility shall be recovered in current rates. Any state or |
777 | water management district cost-share is not subject to the |
778 | recovery provisions allowed in this paragraph. |
779 | (9) Funding assistance provided by the water management |
780 | districts for a water reuse system may include the following |
781 | conditions for that project if a water management district |
782 | determines that such conditions will encourage water use |
783 | efficiency: |
784 | (a) Metering of reclaimed water use for residential |
785 | irrigation, agricultural irrigation, industrial uses, except for |
786 | electric utilities as defined in s. 366.02(2), landscape |
787 | irrigation, golf course irrigation, irrigation of other public |
788 | access areas, commercial and institutional uses such as toilet |
789 | flushing, and transfers to other reclaimed water utilities; |
790 | (b) Implementation of reclaimed water rate structures |
791 | based on actual use of reclaimed water for the reuse activities |
792 | listed in paragraph (a); |
793 | (c) Implementation of education programs to inform the |
794 | public about water issues, water conservation, and the |
795 | importance 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 |
799 | shall conduct water supply planning for any water supply |
800 | planning region within the district identified in the |
801 | appropriate district water supply plan under s. 373.707, where |
802 | it determines that existing sources of water are not adequate to |
803 | supply water for all existing and future reasonable-beneficial |
804 | uses and to sustain the water resources and related natural |
805 | systems for the planning period. The planning must be conducted |
806 | in an open public process, in coordination and cooperation with |
807 | local governments, regional water supply authorities, |
808 | government-owned and privately owned water utilities, |
809 | multijurisdictional water supply entities, self-suppliers, and |
810 | other affected and interested parties. The districts shall |
811 | actively engage in public education and outreach to all affected |
812 | local entities and their officials, as well as members of the |
813 | public, in the planning process and in seeking input. During |
814 | preparation, but prior to completion of the regional water |
815 | supply plan, the district must conduct at least one public |
816 | workshop to discuss the technical data and modeling tools |
817 | anticipated to be used to support the regional water supply |
818 | plan. The district shall also hold several public meetings to |
819 | communicate the status, overall conceptual intent, and impacts |
820 | of the plan on existing and future reasonable-beneficial uses |
821 | and related natural systems. During the planning process, a |
822 | local government may choose to prepare its own water supply |
823 | assessment to determine if existing water sources are adequate |
824 | to meet existing and projected reasonable-beneficial needs of |
825 | the local government while sustaining water resources and |
826 | related natural systems. The local government shall submit such |
827 | assessment, including the data and methodology used, to the |
828 | district. The district shall consider the local government's |
829 | assessment during the formation of the plan. A determination by |
830 | the governing board that initiation of a regional water supply |
831 | plan for a specific planning region is not needed pursuant to |
832 | this section shall be subject to s. 120.569. The governing board |
833 | shall reevaluate such a determination at least once every 5 |
834 | years and shall initiate a regional water supply plan, if |
835 | needed, pursuant to this subsection. |
836 | (2) Each regional water supply plan shall be based on at |
837 | least a 20-year planning period and shall include, but need not |
838 | be limited to: |
839 | (a) A water supply development component for each water |
840 | supply planning region identified by the district which |
841 | includes: |
842 | 1. A quantification of the water supply needs for all |
843 | existing and future reasonable-beneficial uses within the |
844 | planning horizon. The level-of-certainty planning goal |
845 | associated with identifying the water supply needs of existing |
846 | and future reasonable-beneficial uses shall be based upon |
847 | meeting those needs for a 1-in-10-year drought event. Population |
848 | projections used for determining public water supply needs must |
849 | be based upon the best available data. In determining the best |
850 | available data, the district shall consider the University of |
851 | Florida's Bureau of Economic and Business Research (BEBR) medium |
852 | population projections and any population projection data and |
853 | analysis submitted by a local government pursuant to the public |
854 | workshop described in subsection (1) if the data and analysis |
855 | support the local government's comprehensive plan. Any |
856 | adjustment of or deviation from the BEBR projections must be |
857 | fully described, and the original BEBR data must be presented |
858 | along with the adjusted data. |
859 | 2. A list of water supply development project options, |
860 | including traditional and alternative water supply project |
861 | options, from which local government, government-owned and |
862 | privately owned utilities, regional water supply authorities, |
863 | multijurisdictional water supply entities, self-suppliers, and |
864 | others may choose for water supply development. In addition to |
865 | projects listed by the district, such users may propose specific |
866 | projects for inclusion in the list of alternative water supply |
867 | projects. If such users propose a project to be listed as an |
868 | alternative water supply project, the district shall determine |
869 | whether it meets the goals of the plan and, if so, it shall be |
870 | included in the list. The total capacity of the projects |
871 | included in the plan shall exceed the needs identified in |
872 | subparagraph 1. and shall take into account water conservation |
873 | and other demand management measures, as well as water resources |
874 | constraints, including adopted minimum flows and levels and |
875 | water reservations. When the district determines it is |
876 | appropriate, the plan should specifically identify the need for |
877 | multijurisdictional approaches to project options that, based on |
878 | planning level analysis, are appropriate to supply the intended |
879 | uses and that, based on such analysis, appear to be permittable |
880 | and financially and technically feasible. The list of water |
881 | supply development options must contain provisions that |
882 | recognize that alternative water supply options for agricultural |
883 | self-suppliers are limited. For each project option identified, |
884 | the following shall be provided: |
885 | a. An estimate of the amount of water to become available |
886 | through the project. |
887 | b. The timeframe in which the project option should be |
888 | implemented and the estimated planning-level costs for capital |
889 | investment and operating and maintaining the project. |
890 | c. An analysis of funding needs and sources of possible |
891 | funding options. For alternative water supply projects, the |
892 | water management districts shall provide funding assistance in |
893 | accordance with s. 373.711(8). |
894 | d. Identification of the entity that should implement each |
895 | project 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 |
898 | that 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 |
901 | through the project. |
902 | b. The timeframe in which the project option should be |
903 | implemented and the estimated planning-level costs for capital |
904 | investment and for operating and maintaining the project. |
905 | c. An analysis of funding needs and sources of possible |
906 | funding options. |
907 | d. Identification of the entity that should implement each |
908 | project option and the current status of project implementation. |
909 | (c) The recovery and prevention strategy described in s. |
910 | 373.0421(2). |
911 | (d) A funding strategy for water resource development |
912 | projects, which shall be reasonable and sufficient to pay the |
913 | cost of constructing or implementing all of the listed projects. |
914 | (e) Consideration of how the project options addressed in |
915 | paragraph (a) serve the public interest or save costs overall by |
916 | preventing the loss of natural resources or avoiding greater |
917 | future expenditures for water resource development or water |
918 | supply development. However, unless adopted by rule, these |
919 | considerations do not constitute final agency action. |
920 | (f) The technical data and information applicable to each |
921 | planning region which are necessary to support the regional |
922 | water supply plan. |
923 | (g) The minimum flows and levels established for water |
924 | resources within each planning region. |
925 | (h) Reservations of water adopted by rule pursuant to s. |
926 | 373.223(4) within each planning region. |
927 | (i) Identification of surface waters or aquifers for which |
928 | minimum flows and levels are scheduled to be adopted. |
929 | (j) An analysis, developed in cooperation with the |
930 | department, of areas or instances in which the variance |
931 | provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to |
932 | create water supply development or water resource development |
933 | projects. |
934 | (3) The South Florida Water Management District shall |
935 | include in its regional water supply plan water resource and |
936 | water supply development projects that promote the elimination |
937 | of wastewater ocean outfalls as provided in s. 403.086(9). |
938 | (4) The water supply development component of a regional |
939 | water supply plan which deals with or affects public utilities |
940 | and public water supply for those areas served by a regional |
941 | water supply authority and its member governments within the |
942 | boundary of the Southwest Florida Water Management District |
943 | shall be developed jointly by the authority and the district. In |
944 | areas not served by regional water supply authorities, or other |
945 | multijurisdictional water supply entities, and where |
946 | opportunities exist to meet water supply needs more efficiently |
947 | through multijurisdictional projects identified pursuant to |
948 | paragraph (2)(a), water management districts are directed to |
949 | assist in developing multijurisdictional approaches to water |
950 | supply project development jointly with affected water |
951 | utilities, special districts, and local governments. |
952 | (5) Governing board approval of a regional water supply |
953 | plan shall not be subject to the rulemaking requirements of |
954 | chapter 120. However, any portion of an approved regional water |
955 | supply plan which affects the substantial interests of a party |
956 | shall be subject to s. 120.569. |
957 | (6) Annually and in conjunction with the reporting |
958 | requirements of s. 373.536(6)(a)4., the department shall submit |
959 | to the Governor and the Legislature a report on the status of |
960 | regional water supply planning in each district. The report |
961 | shall include: |
962 | (a) A compilation of the estimated costs of and potential |
963 | sources of funding for water resource development and water |
964 | supply development projects as identified in the water |
965 | management district regional water supply plans. |
966 | (b) The percentage and amount, by district, of district ad |
967 | valorem tax revenues or other district funds made available to |
968 | develop alternative water supplies. |
969 | (c) A description of each district's progress toward |
970 | achieving its water resource development objectives, including |
971 | the district's implementation of its 5-year water resource |
972 | development work program. |
973 | (d) An assessment of the specific progress being made to |
974 | implement each alternative water supply project option chosen by |
975 | the entities and identified for implementation in the plan. |
976 | (e) An overall assessment of the progress being made to |
977 | develop water supply in each district, including, but not |
978 | limited to, an explanation of how each project, either |
979 | alternative or traditional, will produce, contribute to, or |
980 | account for additional water being made available for |
981 | consumptive uses, an estimate of the quantity of water to be |
982 | produced by each project, and an assessment of the contribution |
983 | of the district's regional water supply plan in providing |
984 | sufficient water to meet the needs of existing and future |
985 | reasonable-beneficial uses for a 1-in-10 year drought event, as |
986 | well as the needs of the natural systems. |
987 | (7) Nothing contained in the water supply development |
988 | component of a regional water supply plan shall be construed to |
989 | require local governments, government-owned or privately owned |
990 | water utilities, special districts, self-suppliers, regional |
991 | water supply authorities, multijurisdictional water supply |
992 | entities, or other water suppliers to select a water supply |
993 | development project identified in the component merely because |
994 | it is identified in the plan. Except as provided in s. |
995 | 373.223(3) and (5), the plan may not be used in the review of |
996 | permits under part II unless the plan or an applicable portion |
997 | thereof has been adopted by rule. However, this subsection shall |
998 | not prohibit a water management district from employing the data |
999 | or other information used to establish the plan in reviewing |
1000 | permits under part II, nor shall it limit the authority of the |
1001 | department or governing board under part II. |
1002 | (8) Where the water supply component of a water supply |
1003 | planning region shows the need for one or more alternative water |
1004 | supply projects, the district shall notify the affected local |
1005 | governments and make every reasonable effort to educate and |
1006 | involve local public officials in working toward solutions in |
1007 | conjunction with the districts and, where appropriate, other |
1008 | local and regional water supply entities. |
1009 | (a) Within 6 months after approval or amendment of its |
1010 | regional water supply plan, each water management district shall |
1011 | notify by certified mail each entity identified in sub- |
1012 | subparagraph (2)(a)2.d. of that portion of the plan relevant to |
1013 | the entity. Upon request of such an entity, the water management |
1014 | district shall appear before and present its findings and |
1015 | recommendations to the entity. |
1016 | (b) Within 1 year after the notification by a water |
1017 | management district pursuant to paragraph (a), each entity |
1018 | identified in sub-subparagraph (2)(a)2.d. shall provide to the |
1019 | water management district written notification of the following: |
1020 | the alternative water supply projects or options identified in |
1021 | paragraph (2)(a) which it has developed or intends to develop, |
1022 | if any; an estimate of the quantity of water to be produced by |
1023 | each project; and the status of project implementation, |
1024 | including development of the financial plan, facilities master |
1025 | planning, permitting, and efforts in coordinating |
1026 | multijurisdictional projects, if applicable. The information |
1027 | provided in the notification shall be updated annually, and a |
1028 | progress report shall be provided by November 15 of each year to |
1029 | the water management district. If an entity does not intend to |
1030 | develop one or more of the alternative water supply project |
1031 | options identified in the regional water supply plan, the entity |
1032 | shall propose, within 1 year after notification by a water |
1033 | management district pursuant to paragraph (a), another |
1034 | alternative water supply project option sufficient to address |
1035 | the needs identified in paragraph (2)(a) within the entity's |
1036 | jurisdiction and shall provide an estimate of the quantity of |
1037 | water to be produced by the project and the status of project |
1038 | implementation as described in this paragraph. The entity may |
1039 | request that the water management district consider the other |
1040 | project 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 |
1043 | governments in the development and future revision of local |
1044 | government comprehensive plan elements or public facilities |
1045 | report, as required by s. 189.415, related to water supply |
1046 | issues by annually providing to all local governments within the |
1047 | jurisdiction current relevant information, including, but not |
1048 | limited to: |
1049 | (a) Information and data to assist local governments in |
1050 | preparation of the 10-year work plan required to be included in |
1051 | the local government comprehensive plan pursuant to s. |
1052 | 163.3177(6)(c). |
1053 | (b) A description of regulations, programs, and schedules |
1054 | implemented by the district. |
1055 | (c) A description of groundwater characteristics, |
1056 | including existing and planned wellfield sites, existing and |
1057 | anticipated cones of influence, highly productive groundwater |
1058 | areas, aquifer recharge areas, deep well injection zones, |
1059 | contaminated areas, an assessment of regional water resource |
1060 | needs and sources for the next 20 years, and water quality. |
1061 | (d) Information reflecting the existing minimum flows for |
1062 | surface watercourses to avoid harm to water resources or the |
1063 | ecosystem and information reflecting the existing minimum water |
1064 | levels for aquifers to avoid harm to water resources or the |
1065 | ecosystem. |
1066 | (e) Information reflecting existing reservations of water |
1067 | for the protection of fish and wildlife or the public health and |
1068 | safety pursuant to s. 373.223(4). |
1069 | (f) Identification of surface waters and aquifers for |
1070 | which minimum flows and levels are scheduled to be adopted. |
1071 | (2) Upon request, the district shall provide technical |
1072 | assistance to local governments in the development of water |
1073 | supply development project options identified in s. |
1074 | 373.713(2)(a). |
1075 | 373.717 Regional water supply authorities.-- |
1076 | (1) By interlocal agreement between counties, |
1077 | municipalities, or special districts, as applicable pursuant to |
1078 | s. 163.01 and upon the approval of the Secretary of the |
1079 | Department of Environmental Protection to ensure that such |
1080 | agreement will be in the public interest and complies with the |
1081 | intent and purposes of this act, regional water supply |
1082 | authorities may be created for the purpose of developing, |
1083 | recovering, storing, and supplying water for county or municipal |
1084 | purposes in such a manner as will give priority to reducing |
1085 | adverse environmental effects of excessive or improper |
1086 | withdrawals of water from concentrated areas. In approving such |
1087 | agreement, the Secretary of Environmental Protection shall |
1088 | consider, but not be limited to, the following: |
1089 | (a) Whether the geographic territory of the proposed |
1090 | authority is of sufficient size and character to reduce the |
1091 | environmental effects of improper or excessive withdrawals of |
1092 | water from concentrated areas. |
1093 | (b) The maximization of economic development of the water |
1094 | resources within the territory of the proposed authority. |
1095 | (c) The availability of a dependable and adequate water |
1096 | supply. |
1097 | (d) The ability of any proposed authority to design, |
1098 | construct, operate, and maintain water supply facilities in the |
1099 | locations and at the times necessary to ensure that an adequate |
1100 | water supply will be available to all citizens within the |
1101 | authority. |
1102 | (e) The effect or impact of any proposed authority on any |
1103 | municipality, county, or existing authority or authorities. |
1104 | (f) The existing needs of the water users within the area |
1105 | of the authority. |
1106 | (2) In addition to other powers and duties agreed upon and |
1107 | notwithstanding the provisions of s. 163.01, such authority may: |
1108 | (a) Upon approval of the electors residing in each county |
1109 | or municipality within the territory to be included in any |
1110 | authority, levy ad valorem taxes, not to exceed 0.5 mill, |
1111 | pursuant to s. 9(b), Art. VII of the State Constitution. No tax |
1112 | authorized by this paragraph shall be levied in any county or |
1113 | municipality without an affirmative vote of the electors |
1114 | residing in such county or municipality. |
1115 | (b) Acquire water; develop, store, and transport water; |
1116 | provide, sell, and deliver water for county or municipal uses |
1117 | and purposes; and provide for the furnishing of such water and |
1118 | water service upon terms and conditions and at rates that will |
1119 | apportion to parties and nonparties an equitable share of the |
1120 | capital cost and operating expense of the authority's work to |
1121 | the 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 |
1125 | provided by law for the condemnation of private property for |
1126 | public use to acquire title to such interest in real property as |
1127 | is necessary to the exercise of the powers granted in this |
1128 | section, except water already devoted to reasonable and |
1129 | beneficial use or any water production or transmission |
1130 | facilities owned by any county or municipality. |
1131 | (f) Issue revenue bonds in the manner prescribed by the |
1132 | Revenue Bond Act of 1953, as amended, part I of chapter 159, to |
1133 | be payable solely from funds derived from the sale of water by |
1134 | the authority to any county or municipality. Such bonds may be |
1135 | additionally secured by the full faith and credit of any county |
1136 | or municipality, as provided by s. 159.16, or by a pledge of |
1137 | excise taxes, as provided by s. 159.19. For the purpose of |
1138 | issuing revenue bonds, an authority shall be considered a |
1139 | "unit," as defined in s. 159.02(2), and as that term is used in |
1140 | the Revenue Bond Act of 1953, as amended. Such bonds may be |
1141 | issued to finance the cost of acquiring properties and |
1142 | facilities for the production and transmission of water by the |
1143 | authority to any county or municipality, which cost shall |
1144 | include the acquisition of real property and easements therein |
1145 | for such purposes. Such bonds may be in the form of refunding |
1146 | bonds to take up any outstanding bonds of the authority or of |
1147 | any county or municipality when such outstanding bonds are |
1148 | secured by properties and facilities for production and |
1149 | transmission of water, which properties and facilities are being |
1150 | acquired by the authority. Refunding bonds may be issued to take |
1151 | up and refund all outstanding bonds of the authority that are |
1152 | subject to call and termination and all bonds of the authority |
1153 | that are not subject to call or redemption when the surrender of |
1154 | such bonds can be procured from the holder thereof at prices |
1155 | satisfactory to the authority. Such refunding bonds may be |
1156 | issued at any time when, in the judgment of the authority, it |
1157 | will be in the best interest of the authority financially or |
1158 | economically by securing a lower rate of interest on such bonds |
1159 | or by extending the time of maturity of such bonds or, for any |
1160 | other reason, in the judgment of the authority, advantageous to |
1161 | the authority. |
1162 | (g) Sue and be sued in its own name. |
1163 | (h) Borrow money and incur indebtedness and issue bonds or |
1164 | other evidence of such indebtedness. |
1165 | (i) Join with one or more other public corporations for |
1166 | the purpose of carrying out any of its powers and, for that |
1167 | purpose, to contract with such other public corporation or |
1168 | corporations for the purpose of financing such acquisitions, |
1169 | construction, and operations. Such contracts may provide for |
1170 | contributions to be made by each party thereto, for the division |
1171 | and apportionment of the expenses of such acquisitions and |
1172 | operations, and for the division and apportionment of the |
1173 | benefits, services, and products therefrom. Such contract may |
1174 | contain such other and further covenants and agreements as may |
1175 | be necessary and convenient to accomplish the purposes |
1176 | authorized in this paragraph. |
1177 | (3) A regional water supply authority is authorized to |
1178 | develop, construct, operate, maintain, or contract for |
1179 | alternative sources of potable water, including desalinated |
1180 | water, and pipelines to interconnect authority sources and |
1181 | facilities, either by itself or jointly with a water management |
1182 | district; however, such alternative potable water sources, |
1183 | facilities, and pipelines may also be privately developed, |
1184 | constructed, owned, operated, and maintained, in which event an |
1185 | authority and a water management district are authorized to |
1186 | pledge and contribute their funds to reduce the wholesale cost |
1187 | of water from such alternative sources of potable water supplied |
1188 | by an authority to its member governments. |
1189 | (4) When it is found to be in the public interest, for the |
1190 | public convenience and welfare, for a public benefit, and |
1191 | necessary for carrying out the purpose of any regional water |
1192 | supply authority, any state agency, county, water control |
1193 | district existing pursuant to chapter 298, water management |
1194 | district existing pursuant to this chapter, municipality, |
1195 | governmental agency, or public corporation in this state holding |
1196 | title to any interest in land is hereby authorized, in its |
1197 | discretion, to convey the title to or dedicate land, title to |
1198 | which is in such entity, including tax-reverted land, or to |
1199 | grant use-rights therein, to any regional water supply authority |
1200 | created pursuant to this section. Land granted or conveyed to |
1201 | such authority shall be for the public purposes of such |
1202 | authority and may be made subject to the condition that in the |
1203 | event such land is not so used, or if used and subsequently its |
1204 | use for such purpose is abandoned, the interest granted shall |
1205 | cease as to such authority and shall automatically revert to the |
1206 | granting entity. |
1207 | (5) Each county, special district, or municipality that is |
1208 | a party to an agreement pursuant to subsection (1) shall have a |
1209 | preferential right to purchase water from the regional water |
1210 | supply authority for use by such county, special district, or |
1211 | municipality. |
1212 | (6) In carrying out the provisions of this section, any |
1213 | county wherein water is withdrawn by the authority shall not be |
1214 | deprived, directly or indirectly, of the prior right to the |
1215 | reasonable and beneficial use of water which is required |
1216 | adequately to supply the reasonable and beneficial needs of the |
1217 | county or any of the inhabitants or property owners in the |
1218 | county. |
1219 | (7) Upon a resolution adopted by the governing body of any |
1220 | county or municipality, the authority may, subject to a majority |
1221 | vote of its voting members, include such county or municipality |
1222 | in its regional water supply authority upon such terms and |
1223 | conditions as may be prescribed. |
1224 | (8) The authority shall design, construct, operate, and |
1225 | maintain facilities in the locations and at the times necessary |
1226 | to ensure that an adequate water supply will be available to all |
1227 | citizens within the authority. |
1228 | (9) Where a water supply authority exists pursuant to this |
1229 | section or s. 373.719 under a voluntary interlocal agreement |
1230 | that is consistent with requirements in s. 373.719(1)(b) and |
1231 | receives or maintains consumptive use permits under this |
1232 | voluntary agreement consistent with the water supply plan, if |
1233 | any, adopted by the governing board, such authority shall be |
1234 | exempt from consideration by the governing board or department |
1235 | of the factors specified in s. 373.223(3)(a)-(g) and the |
1236 | submissions required by s. 373.229(3). Such exemptions shall |
1237 | apply only to water sources within the jurisdictional areas of |
1238 | such 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 |
1241 | implementation of changes in governance recommended by the West |
1242 | Coast Regional Water Supply Authority, the predecessor to Tampa |
1243 | Bay Water, in its reports to the Legislature dated February 1, |
1244 | 1997, and January 5, 1998. The authority and its member |
1245 | governments may reconstitute the authority's governance and |
1246 | rename the authority under a voluntary interlocal agreement with |
1247 | a term of at least 20 years. The interlocal agreement must |
1248 | comply with this subsection as follows: |
1249 | (a) The authority and its member governments must agree |
1250 | that cooperative efforts are mandatory to meet their water needs |
1251 | in a manner that will provide adequate and dependable supplies |
1252 | of water where needed without resulting in adverse environmental |
1253 | effects upon the areas from which the water is withdrawn or |
1254 | otherwise produced. |
1255 | (b) In accordance with s. 4, Art. VIII of the State |
1256 | Constitution and notwithstanding s. 163.01, the interlocal |
1257 | agreement may include the following terms, which are considered |
1258 | approved by the parties without a vote of their electors, upon |
1259 | execution of the interlocal agreement by all member governments |
1260 | and upon satisfaction of all conditions precedent in the |
1261 | interlocal agreement: |
1262 | 1. All member governments shall relinquish to the |
1263 | authority their individual rights to develop potable water |
1264 | supply sources, except as otherwise provided in the interlocal |
1265 | agreement. |
1266 | 2. The authority shall be the sole and exclusive wholesale |
1267 | potable water supplier for all member governments. |
1268 | 3. The authority shall have the absolute and unequivocal |
1269 | obligation to meet the wholesale needs of the member governments |
1270 | for potable water. |
1271 | 4. A member government may not restrict or prohibit the |
1272 | use of land within a member's jurisdictional boundaries by the |
1273 | authority for water supply purposes through the use of zoning, |
1274 | land use, comprehensive planning, or other form of regulation. |
1275 | 5. A member government may not impose any tax, fee, or |
1276 | charge upon the authority in conjunction with the production or |
1277 | supply of water not otherwise provided for in the interlocal |
1278 | agreement. |
1279 | 6. The authority may use the powers provided in part II of |
1280 | chapter 159 for financing and refinancing water treatment, |
1281 | production, or transmission facilities, including, but not |
1282 | limited to, desalination facilities. All such water treatment, |
1283 | production, or transmission facilities are considered a |
1284 | manufacturing plant for purposes of s. 159.27(5) and serve a |
1285 | paramount public purpose by providing water to citizens of the |
1286 | state. |
1287 | 7. A member government and any governmental or quasi- |
1288 | judicial board or commission established by local ordinance or |
1289 | general or special law when the governing membership of such |
1290 | board or commission is shared, in whole or in part, or appointed |
1291 | by a member government agreeing to be bound by the interlocal |
1292 | agreement shall be limited to the procedures set forth in the |
1293 | interlocal agreement regarding actions that directly or |
1294 | indirectly restrict or prohibit the use of lands or other |
1295 | activities related to the production or supply of water. |
1296 | (c) The authority shall acquire full or lesser interests |
1297 | in all regionally significant member government wholesale water |
1298 | supply facilities and tangible assets and each member government |
1299 | shall convey such interests in the facilities and assets to the |
1300 | authority, at an agreed value. |
1301 | (d) The authority shall charge a uniform per gallon |
1302 | wholesale rate to member governments for the wholesale supply of |
1303 | potable water. All capital, operation, maintenance, and |
1304 | administrative costs for existing facilities and acquired |
1305 | facilities, authority master water plan facilities, and other |
1306 | future projects must be allocated to member governments based on |
1307 | water usage at the uniform per-gallon wholesale rate. |
1308 | (e) The interlocal agreement may include procedures for |
1309 | resolving the parties' differences regarding water management |
1310 | district proposed agency action in the water use permitting |
1311 | process within the authority. Such procedures should minimize |
1312 | the potential for litigation and include alternative dispute |
1313 | resolution. Any governmental or quasi-judicial board or |
1314 | commission established by local ordinance or general or special |
1315 | law where the governing members of such board or commission are |
1316 | shared, in whole or in part, or appointed by a member government |
1317 | may agree to be bound by the dispute resolution procedures set |
1318 | forth in the interlocal agreement. |
1319 | (f) Upon execution of the voluntary interlocal agreement |
1320 | provided for in this section, the authority shall jointly |
1321 | develop with the Southwest Florida Water Management District |
1322 | alternative sources of potable water and transmission pipelines |
1323 | to interconnect regionally significant water supply sources and |
1324 | facilities of the authority in amounts sufficient to meet the |
1325 | needs of all member governments for a period of at least 20 |
1326 | years and for natural systems. Nothing in this section, however, |
1327 | shall preclude the authority and its member governments from |
1328 | developing traditional water sources pursuant to the voluntary |
1329 | interlocal agreement. Development and construction costs for |
1330 | alternative source facilities, which may include a desalination |
1331 | facility and significant regional interconnects, must be borne |
1332 | as mutually agreed to by both the authority and the Southwest |
1333 | Florida Water Management District. Nothing in this section shall |
1334 | preclude authority or district cost sharing with private |
1335 | entities for the construction or ownership of alternative source |
1336 | facilities. By December 31, 1997, the authority and the |
1337 | Southwest Florida Water Management District shall: |
1338 | 1. Enter into a mutually acceptable agreement detailing |
1339 | the development and implementation of directives contained in |
1340 | this paragraph; or |
1341 | 2. Jointly prepare and submit to the President of the |
1342 | Senate and the Speaker of the House of Representatives a report |
1343 | describing the progress made and impediments encountered in |
1344 | their attempts to implement the water resource development and |
1345 | water supply development directives contained in this paragraph. |
1346 | Nothing in this section shall be construed to modify the rights |
1347 | or responsibilities of the authority or its member governments, |
1348 | except as otherwise provided in this section, or of the |
1349 | Southwest Florida Water Management District or the department |
1350 | pursuant to this chapter or chapter 403 and as otherwise set |
1351 | forth by law. |
1352 | (g) Unless otherwise provided in the interlocal agreement, |
1353 | the authority shall be governed by a board of commissioners |
1354 | consisting of nine voting members, all of whom must be elected |
1355 | officers, as follows: |
1356 | 1. Three members from Hillsborough County who must be |
1357 | selected by the county commission; provided, however, that one |
1358 | member shall be selected by the Mayor of Tampa in the event that |
1359 | the City of Tampa elects to be a member of the authority. |
1360 | 2. Three members from Pasco County, two of whom must be |
1361 | selected by the county commission and one of whom must be |
1362 | selected by the City Council of New Port Richey. |
1363 | 3. Three members from Pinellas County, two of whom must be |
1364 | selected by the county commission and one of whom must be |
1365 | selected by the City Council of St. Petersburg. Except as |
1366 | otherwise provided in this section or in the voluntary |
1367 | interlocal agreement between the member governments, a majority |
1368 | vote shall bind the authority and its member governments in all |
1369 | matters relating to the funding of wholesale water supply, |
1370 | production, delivery, and related activities. |
1371 | (2) The provisions of this section supersede any |
1372 | conflicting provisions contained in all other general or special |
1373 | laws or provisions thereof as they may apply directly or |
1374 | indirectly to the exclusivity of water supply or withdrawal of |
1375 | water, including provisions relating to the environmental |
1376 | effects, if any, in conjunction with the production and supply |
1377 | of potable water, and the provisions of this section are |
1378 | intended to be a complete revision of all laws related to a |
1379 | regional water supply authority created under s. 373.717 and |
1380 | this section. |
1381 | (3) The authority shall prepare its annual budget in the |
1382 | same manner as prescribed for the preparation of basin budgets, |
1383 | but such authority budget shall not be subject to review by the |
1384 | respective basin boards or by the governing board of the |
1385 | district. |
1386 | (4) The annual millage for the authority shall be the |
1387 | amount required to raise the amount called for by the annual |
1388 | budget when applied to the total assessment on all taxable |
1389 | property within the limits of the authority, as determined for |
1390 | county taxing purposes. |
1391 | (5) The authority may, by resolution, request the |
1392 | governing board of the district to levy ad valorem taxes within |
1393 | the boundaries of the authority. Upon receipt of such request, |
1394 | together with formal certification of the adoption of its annual |
1395 | budget and of the required tax levy, the authority tax levy |
1396 | shall be made by the governing board of the district to finance |
1397 | authority functions. |
1398 | (6) The taxes provided for in this section shall be |
1399 | extended by the property appraiser on the county tax roll in |
1400 | each county within, or partly within, the authority boundaries |
1401 | and shall be collected by the tax collector in the same manner |
1402 | and time as county taxes, and the proceeds therefrom paid to the |
1403 | district, which shall forthwith pay them over to the authority. |
1404 | Until paid, such taxes shall be a lien on the property against |
1405 | which assessed and enforceable in like manner as county taxes. |
1406 | The property appraisers, tax collectors, and clerks of the |
1407 | circuit court of the respective counties shall be entitled to |
1408 | compensation for services performed in connection with such |
1409 | taxes at the same rates as apply to county taxes. |
1410 | (7) The governing board of the district shall not be |
1411 | responsible for any actions or lack of actions by the authority. |
1412 | Section 2. Subsection (4) of section 11.80, Florida |
1413 | Statutes, is amended to read: |
1414 | 11.80 Joint Legislative Committee on Everglades |
1415 | Oversight.-- |
1416 | (4) Annually, no later than March 1, as part of the |
1417 | consolidated annual report required by s. 373.036(5)(7), the |
1418 | South Florida Water Management District shall report to the |
1419 | Joint Legislative Committee on Everglades Oversight on the |
1420 | status of the implementation of the Everglades Forever Act. Such |
1421 | report 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, |
1426 | operation and maintenance costs, and projected revenues, over |
1427 | the succeeding 5 years. |
1428 | Section 3. Subsection (13) of section 120.52, Florida |
1429 | Statutes, 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 |
1433 | are being determined in the proceeding. |
1434 | (b) Any other person who, as a matter of constitutional |
1435 | right, provision of statute, or provision of agency regulation, |
1436 | is entitled to participate in whole or in part in the |
1437 | proceeding, or whose substantial interests will be affected by |
1438 | proposed agency action, and who makes an appearance as a party. |
1439 | (c) Any other person, including an agency staff member, |
1440 | allowed by the agency to intervene or participate in the |
1441 | proceeding as a party. An agency may by rule authorize limited |
1442 | forms of participation in agency proceedings for persons who are |
1443 | not eligible to become parties. |
1444 | (d) Any county representative, agency, department, or unit |
1445 | funded and authorized by state statute or county ordinance to |
1446 | represent the interests of the consumers of a county, when the |
1447 | proceeding involves the substantial interests of a significant |
1448 | number of residents of the county and the board of county |
1449 | commissioners has, by resolution, authorized the representative, |
1450 | agency, department, or unit to represent the class of interested |
1451 | persons. The authorizing resolution shall apply to a specific |
1452 | proceeding and to appeals and ancillary proceedings thereto, and |
1453 | it shall not be required to state the names of the persons whose |
1454 | interests are to be represented. |
1455 |
|
1456 | The term "party" does not include a member government of a |
1457 | regional water supply authority or a governmental or quasi- |
1458 | judicial board or commission established by local ordinance or |
1459 | special or general law where the governing membership of such |
1460 | board or commission is shared with, in whole or in part, or |
1461 | appointed by a member government of a regional water supply |
1462 | authority in proceedings under s. 120.569, s. 120.57, or s. |
1463 | 120.68, to the extent that an interlocal agreement under ss. |
1464 | 163.01 and 373.717 373.1962 exists in which the member |
1465 | government has agreed that its substantial interests are not |
1466 | affected by the proceedings or that it is to be bound by |
1467 | alternative dispute resolution in lieu of participating in the |
1468 | proceedings. This exclusion applies only to those particular |
1469 | types of disputes or controversies, if any, identified in an |
1470 | interlocal agreement. |
1471 | Section 4. Subsection (13) of section 163.3167, Florida |
1472 | Statutes, is amended to read: |
1473 | 163.3167 Scope of act.-- |
1474 | (13) Each local government shall address in its |
1475 | comprehensive plan, as enumerated in this chapter, the water |
1476 | supply sources necessary to meet and achieve the existing and |
1477 | projected water use demand for the established planning period, |
1478 | considering the applicable plan developed pursuant to s. 373.713 |
1479 | 373.0361. |
1480 | Section 5. Paragraph (a) of subsection (4) and paragraphs |
1481 | (c), (d), and (h) of subsection (6) of section 163.3177, Florida |
1482 | Statutes, are amended to read: |
1483 | 163.3177 Required and optional elements of comprehensive |
1484 | plan; studies and surveys.-- |
1485 | (4)(a) Coordination of the local comprehensive plan with |
1486 | the comprehensive plans of adjacent municipalities, the county, |
1487 | adjacent counties, or the region; with the appropriate water |
1488 | management district's regional water supply plans approved |
1489 | pursuant to s. 373.713 373.0361; with adopted rules pertaining |
1490 | to designated areas of critical state concern; and with the |
1491 | state comprehensive plan shall be a major objective of the local |
1492 | comprehensive planning process. To that end, in the preparation |
1493 | of a comprehensive plan or element thereof, and in the |
1494 | comprehensive plan or element as adopted, the governing body |
1495 | shall include a specific policy statement indicating the |
1496 | relationship of the proposed development of the area to the |
1497 | comprehensive plans of adjacent municipalities, the county, |
1498 | adjacent counties, or the region and to the state comprehensive |
1499 | plan, as the case may require and as such adopted plans or plans |
1500 | in preparation may exist. |
1501 | (6) In addition to the requirements of subsections (1)-(5) |
1502 | and (12), the comprehensive plan shall include the following |
1503 | elements: |
1504 | (c) A general sanitary sewer, solid waste, drainage, |
1505 | potable water, and natural groundwater aquifer recharge element |
1506 | correlated to principles and guidelines for future land use, |
1507 | indicating ways to provide for future potable water, drainage, |
1508 | sanitary sewer, solid waste, and aquifer recharge protection |
1509 | requirements for the area. The element may be a detailed |
1510 | engineering plan including a topographic map depicting areas of |
1511 | prime groundwater recharge. The element shall describe the |
1512 | problems and needs and the general facilities that will be |
1513 | required for solution of the problems and needs. The element |
1514 | shall also include a topographic map depicting any areas adopted |
1515 | by a regional water management district as prime groundwater |
1516 | recharge areas for the Floridan or Biscayne aquifers, pursuant |
1517 | to s. 373.0397. These areas shall be given special consideration |
1518 | when the local government is engaged in zoning or considering |
1519 | future land use for said designated areas. For areas served by |
1520 | septic tanks, soil surveys shall be provided which indicate the |
1521 | suitability of soils for septic tanks. Within 18 months after |
1522 | the governing board approves an updated regional water supply |
1523 | plan, the element must incorporate the alternative water supply |
1524 | project or projects selected by the local government from those |
1525 | identified in the regional water supply plan pursuant to s. |
1526 | 373.713 373.0361(2)(a) or proposed by the local government under |
1527 | s. 373.713 373.0361(7)(b). If a local government is located |
1528 | within two water management districts, the local government |
1529 | shall adopt its comprehensive plan amendment within 18 months |
1530 | after the later updated regional water supply plan. The element |
1531 | must identify such alternative water supply projects and |
1532 | traditional water supply projects and conservation and reuse |
1533 | necessary to meet the water needs identified in s. 373.713 |
1534 | 373.0361(2)(a) within the local government's jurisdiction and |
1535 | include a work plan, covering at least a 10 year planning |
1536 | period, for building public, private, and regional water supply |
1537 | facilities, including development of alternative water supplies, |
1538 | which are identified in the element as necessary to serve |
1539 | existing and new development. The work plan shall be updated, at |
1540 | a minimum, every 5 years within 18 months after the governing |
1541 | board of a water management district approves an updated |
1542 | regional water supply plan. Amendments to incorporate the work |
1543 | plan do not count toward the limitation on the frequency of |
1544 | adoption of amendments to the comprehensive plan. Local |
1545 | governments, public and private utilities, regional water supply |
1546 | authorities, special districts, and water management districts |
1547 | are encouraged to cooperatively plan for the development of |
1548 | multijurisdictional water supply facilities that are sufficient |
1549 | to meet projected demands for established planning periods, |
1550 | including the development of alternative water sources to |
1551 | supplement traditional sources of groundwater and surface water |
1552 | supplies. |
1553 | (d) A conservation element for the conservation, use, and |
1554 | protection of natural resources in the area, including air, |
1555 | water, water recharge areas, wetlands, waterwells, estuarine |
1556 | marshes, soils, beaches, shores, flood plains, rivers, bays, |
1557 | lakes, harbors, forests, fisheries and wildlife, marine habitat, |
1558 | minerals, and other natural and environmental resources, |
1559 | including factors that affect energy conservation. Local |
1560 | governments shall assess their current, as well as projected, |
1561 | water needs and sources for at least a 10-year period, |
1562 | considering the appropriate regional water supply plan approved |
1563 | pursuant to s. 373.713 373.0361, or, in the absence of an |
1564 | approved regional water supply plan, the district water supply |
1565 | management plan approved pursuant to s. 373.707 373.036(2). This |
1566 | information shall be submitted to the appropriate agencies. The |
1567 | land use map or map series contained in the future land use |
1568 | element shall generally identify and depict the following: |
1569 | 1. Existing and planned waterwells and cones of influence |
1570 | where 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 |
|
1577 | The land uses identified on such maps shall be consistent with |
1578 | applicable state law and rules. |
1579 | (h)1. An intergovernmental coordination element showing |
1580 | relationships and stating principles and guidelines to be used |
1581 | in the accomplishment of coordination of the adopted |
1582 | comprehensive plan with the plans of school boards, regional |
1583 | water supply authorities, and other units of local government |
1584 | providing services but not having regulatory authority over the |
1585 | use of land, with the comprehensive plans of adjacent |
1586 | municipalities, the county, adjacent counties, or the region, |
1587 | with the state comprehensive plan and with the applicable |
1588 | regional water supply plan approved pursuant to s. 373.713 |
1589 | 373.0361, as the case may require and as such adopted plans or |
1590 | plans in preparation may exist. This element of the local |
1591 | comprehensive plan shall demonstrate consideration of the |
1592 | particular effects of the local plan, when adopted, upon the |
1593 | development of adjacent municipalities, the county, adjacent |
1594 | counties, or the region, or upon the state comprehensive plan, |
1595 | as the case may require. |
1596 | a. The intergovernmental coordination element shall |
1597 | provide for procedures to identify and implement joint planning |
1598 | areas, especially for the purpose of annexation, municipal |
1599 | incorporation, and joint infrastructure service areas. |
1600 | b. The intergovernmental coordination element shall |
1601 | provide for recognition of campus master plans prepared pursuant |
1602 | to s. 1013.30. |
1603 | c. The intergovernmental coordination element may provide |
1604 | for a voluntary dispute resolution process as established |
1605 | pursuant to s. 186.509 for bringing to closure in a timely |
1606 | manner intergovernmental disputes. A local government may |
1607 | develop and use an alternative local dispute resolution process |
1608 | for this purpose. |
1609 | 2. The intergovernmental coordination element shall |
1610 | further state principles and guidelines to be used in the |
1611 | accomplishment of coordination of the adopted comprehensive plan |
1612 | with the plans of school boards and other units of local |
1613 | government providing facilities and services but not having |
1614 | regulatory authority over the use of land. In addition, the |
1615 | intergovernmental coordination element shall describe joint |
1616 | processes for collaborative planning and decisionmaking on |
1617 | population projections and public school siting, the location |
1618 | and extension of public facilities subject to concurrency, and |
1619 | siting facilities with countywide significance, including |
1620 | locally unwanted land uses whose nature and identity are |
1621 | established in an agreement. Within 1 year of adopting their |
1622 | intergovernmental coordination elements, each county, all the |
1623 | municipalities within that county, the district school board, |
1624 | and any unit of local government service providers in that |
1625 | county shall establish by interlocal or other formal agreement |
1626 | executed by all affected entities, the joint processes described |
1627 | in this subparagraph consistent with their adopted |
1628 | intergovernmental coordination elements. |
1629 | 3. To foster coordination between special districts and |
1630 | local general-purpose governments as local general-purpose |
1631 | governments implement local comprehensive plans, each |
1632 | independent special district must submit a public facilities |
1633 | report to the appropriate local government as required by s. |
1634 | 189.415. |
1635 | 4.a. Local governments must execute an interlocal |
1636 | agreement with the district school board, the county, and |
1637 | nonexempt municipalities pursuant to s. 163.31777. The local |
1638 | government shall amend the intergovernmental coordination |
1639 | element to provide that coordination between the local |
1640 | government and school board is pursuant to the agreement and |
1641 | shall state the obligations of the local government under the |
1642 | agreement. |
1643 | b. Plan amendments that comply with this subparagraph are |
1644 | exempt from the provisions of s. 163.3187(1). |
1645 | 5. The state land planning agency shall establish a |
1646 | schedule for phased completion and transmittal of plan |
1647 | amendments to implement subparagraphs 1., 2., and 3. from all |
1648 | jurisdictions so as to accomplish their adoption by December 31, |
1649 | 1999. A local government may complete and transmit its plan |
1650 | amendments to carry out these provisions prior to the scheduled |
1651 | date established by the state land planning agency. The plan |
1652 | amendments are exempt from the provisions of s. 163.3187(1). |
1653 | 6. By January 1, 2004, any county having a population |
1654 | greater than 100,000, and the municipalities and special |
1655 | districts within that county, shall submit a report to the |
1656 | Department of Community Affairs which: |
1657 | a. Identifies all existing or proposed interlocal service |
1658 | delivery agreements regarding the following: education; sanitary |
1659 | sewer; public safety; solid waste; drainage; potable water; |
1660 | parks and recreation; and transportation facilities. |
1661 | b. Identifies any deficits or duplication in the provision |
1662 | of services within its jurisdiction, whether capital or |
1663 | operational. Upon request, the Department of Community Affairs |
1664 | shall provide technical assistance to the local governments in |
1665 | identifying deficits or duplication. |
1666 | 7. Within 6 months after submission of the report, the |
1667 | Department of Community Affairs shall, through the appropriate |
1668 | regional planning council, coordinate a meeting of all local |
1669 | governments within the regional planning area to discuss the |
1670 | reports and potential strategies to remedy any identified |
1671 | deficiencies or duplications. |
1672 | 8. Each local government shall update its |
1673 | intergovernmental coordination element based upon the findings |
1674 | in the report submitted pursuant to subparagraph 6. The report |
1675 | may be used as supporting data and analysis for the |
1676 | intergovernmental coordination element. |
1677 | Section 6. Paragraph (l) of subsection (2) of section |
1678 | 163.3191, 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 |
1681 | of the comprehensive plan and shall contain appropriate |
1682 | statements to update the comprehensive plan, including, but not |
1683 | limited to, words, maps, illustrations, or other media, related |
1684 | to: |
1685 | (l) The extent to which the local government has been |
1686 | successful in identifying alternative water supply projects and |
1687 | traditional water supply projects, including conservation and |
1688 | reuse, necessary to meet the water needs identified in s. |
1689 | 373.713 373.0361(2)(a) within the local government's |
1690 | jurisdiction. The report must evaluate the degree to which the |
1691 | local government has implemented the work plan for building |
1692 | public, private, and regional water supply facilities, including |
1693 | development of alternative water supplies, identified in the |
1694 | element as necessary to serve existing and new development. |
1695 | Section 7. Paragraph (n) of subsection (2) of section |
1696 | 186.009, Florida Statutes, is amended to read: |
1697 | 186.009 Growth management portion of the state |
1698 | comprehensive plan.-- |
1699 | (2) The growth management portion of the state |
1700 | comprehensive plan shall: |
1701 | (n) Set forth recommendations on how to integrate the |
1702 | Florida water supply plan required by s. 373.707 373.036 and |
1703 | transportation plans required by chapter 339. |
1704 |
|
1705 | The growth management portion of the state comprehensive plan |
1706 | shall not include a land use map. |
1707 | Section 8. Paragraphs (c) and (d) of subsection (4) of |
1708 | section 189.404, Florida Statutes, are amended to read: |
1709 | 189.404 Legislative intent for the creation of independent |
1710 | special districts; special act prohibitions; model elements and |
1711 | other requirements; general-purpose local government/Governor |
1712 | and Cabinet creation authorizations.-- |
1713 | (4) LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION |
1714 | AUTHORIZATIONS.--Except as otherwise authorized by general law, |
1715 | only the Legislature may create independent special districts. |
1716 | (c) The Governor and Cabinet may create an independent |
1717 | special district which shall be established by rule in |
1718 | accordance with s. 190.005 or as otherwise authorized in general |
1719 | law. The Governor and Cabinet may also approve the establishment |
1720 | of a charter for the creation of an independent special district |
1721 | which shall be in accordance with s. 373.717 373.1962, or as |
1722 | otherwise authorized in general law. |
1723 | (d)1. Any combination of two or more counties may create a |
1724 | regional special district which shall be established in |
1725 | accordance with s. 950.001, or as otherwise authorized in |
1726 | general law. |
1727 | 2. Any combination of two or more counties or |
1728 | municipalities may create a regional special district which |
1729 | shall be established in accordance with s. 373.717 373.1962, or |
1730 | as otherwise authorized by general law. |
1731 | 3. Any combination of two or more counties, |
1732 | municipalities, or other political subdivisions may create a |
1733 | regional special district in accordance with s. 163.567, or as |
1734 | otherwise authorized in general law. |
1735 | Section 9. Subsection (3) of section 189.4155, Florida |
1736 | Statutes, is amended to read: |
1737 | 189.4155 Activities of special districts; local government |
1738 | comprehensive planning.-- |
1739 | (3) The provisions of this section shall not apply to |
1740 | water management districts created pursuant to s. 373.069, to |
1741 | regional water supply authorities created pursuant to s. 373.717 |
1742 | 373.1962, or to spoil disposal sites owned or used by the |
1743 | Federal Government. |
1744 | Section 10. Section 189.4156, Florida Statutes, is amended |
1745 | to read: |
1746 | 189.4156 Water management district technical assistance; |
1747 | local government comprehensive planning.--Water management |
1748 | districts shall assist local governments in the development of |
1749 | local government comprehensive plan elements related to water |
1750 | resource issues as required by s. 373.715 373.0391. |
1751 | Section 11. Subsection (7) of section 367.021, Florida |
1752 | Statutes, is amended to read: |
1753 | 367.021 Definitions.--As used in this chapter, the |
1754 | following words or terms shall have the meanings indicated: |
1755 | (7) "Governmental authority" means a political |
1756 | subdivision, as defined by s. 1.01(8), a regional water supply |
1757 | authority created pursuant to s. 373.717 373.1962, or a |
1758 | nonprofit corporation formed for the purpose of acting on behalf |
1759 | of a political subdivision with respect to a water or wastewater |
1760 | facility. |
1761 | Section 12. Subsections (4), (5), and (6) of section |
1762 | 373.016, Florida Statutes, are amended to read: |
1763 | 373.016 Declaration of policy.-- |
1764 | (4)(a) Because water constitutes a public resource |
1765 | benefiting the entire state, it is the policy of the Legislature |
1766 | that the waters in the state be managed on a state and regional |
1767 | basis. Consistent with this directive, the Legislature |
1768 | recognizes the need to allocate water throughout the state so as |
1769 | to meet all reasonable-beneficial uses. However, the Legislature |
1770 | acknowledges that such allocations have in the past adversely |
1771 | affected the water resources of certain areas in this state. To |
1772 | protect such water resources and to meet the current and future |
1773 | needs of those areas with abundant water, the Legislature |
1774 | directs the department and the water management districts to |
1775 | encourage the use of water from sources nearest the area of use |
1776 | or application whenever practicable. Such sources shall include |
1777 | all naturally occurring water sources and all alternative water |
1778 | sources, including, but not limited to, desalination, |
1779 | conservation, reuse of nonpotable reclaimed water and |
1780 | stormwater, and aquifer storage and recovery. Reuse of potable |
1781 | reclaimed water and stormwater shall not be subject to the |
1782 | evaluation described in s. 373.223(3)(a)-(g). However, this |
1783 | directive to encourage the use of water, whenever practicable, |
1784 | from sources nearest the area of use or application shall not |
1785 | apply to the transport and direct and indirect use of water |
1786 | within the area encompassed by the Central and Southern Florida |
1787 | Flood Control Project, nor shall it apply anywhere in the state |
1788 | to the transport and use of water supplied exclusively for |
1789 | bottled water as defined in s. 500.03(1)(d), nor shall it apply |
1790 | to the transport and use of reclaimed water for electrical power |
1791 | production by an electric utility as defined in section |
1792 | 366.02(2). |
1793 | (b) In establishing the policy outlined in paragraph (a), |
1794 | the Legislature realizes that under certain circumstances the |
1795 | need to transport water from distant sources may be necessary |
1796 | for environmental, technical, or economic reasons. |
1797 | (4)(5) The Legislature recognizes that the water resource |
1798 | problems of the state vary from region to region, both in |
1799 | magnitude and complexity. It is therefore the intent of the |
1800 | Legislature to vest in the Department of Environmental |
1801 | Protection or its successor agency the power and responsibility |
1802 | to accomplish the conservation, protection, management, and |
1803 | control of the waters of the state and with sufficient |
1804 | flexibility and discretion to accomplish these ends through |
1805 | delegation of appropriate powers to the various water management |
1806 | districts. The department may exercise any power herein |
1807 | authorized to be exercised by a water management district; |
1808 | however, to the greatest extent practicable, such power should |
1809 | be delegated to the governing board of a water management |
1810 | district. |
1811 | (5)(6) It is further declared the policy of the |
1812 | Legislature that each water management district, to the extent |
1813 | consistent with effective management practices, shall |
1814 | approximate its fiscal and budget policies and procedures to |
1815 | those of the state. |
1816 | Section 13. Section 373.019, Florida Statutes, is amended |
1817 | to read: |
1818 | 373.019 Definitions.--When appearing in this chapter or in |
1819 | any rule, regulation, or order adopted pursuant thereto, the |
1820 | term: |
1821 | (1) "Alternative water supplies" means salt water; |
1822 | brackish surface and groundwater; surface water captured |
1823 | predominately during wet-weather flows; sources made available |
1824 | through the addition of new storage capacity for surface or |
1825 | groundwater, water that has been reclaimed after one or more |
1826 | public supply, municipal, industrial, commercial, or |
1827 | agricultural uses; the downstream augmentation of water bodies |
1828 | with reclaimed water; stormwater; and any other water supply |
1829 | source that is designated as nontraditional for a water supply |
1830 | planning region in the applicable regional water supply plan. |
1831 | (2) "Capital costs" means planning, design, engineering, |
1832 | and project construction costs. |
1833 | (1)(3) "Coastal waters" means waters of the Atlantic Ocean |
1834 | or the Gulf of Mexico within the jurisdiction of the state. |
1835 | (2)(4) "Department" means the Department of Environmental |
1836 | Protection or its successor agency or agencies. |
1837 | (3)(5) "District water management plan" means the regional |
1838 | water resource plan developed by a governing board under s. |
1839 | 373.036. |
1840 | (4)(6) "Domestic use" means the use of water for the |
1841 | individual personal household purposes of drinking, bathing, |
1842 | cooking, or sanitation. All other uses shall not be considered |
1843 | domestic. |
1844 | (5)(7) "Florida water plan" means the state-level water |
1845 | resource plan developed by the department under s. 373.036. |
1846 | (6)(8) "Governing board" means the governing board of a |
1847 | water management district. |
1848 | (7)(9) "Groundwater" means water beneath the surface of |
1849 | the ground, whether or not flowing through known and definite |
1850 | channels. |
1851 | (8)(10) "Impoundment" means any lake, reservoir, pond, or |
1852 | other containment of surface water occupying a bed or depression |
1853 | in the earth's surface and having a discernible shoreline. |
1854 | (9)(11) "Independent scientific peer review" means the |
1855 | review of scientific data, theories, and methodologies by a |
1856 | panel of independent, recognized experts in the fields of |
1857 | hydrology, hydrogeology, limnology, and other scientific |
1858 | disciplines relevant to the matters being reviewed under s. |
1859 | 373.042. |
1860 | (12) "Multijurisdictional water supply entity" means two |
1861 | or more water utilities or local governments that have organized |
1862 | into a larger entity, or entered into an interlocal agreement or |
1863 | contract, for the purpose of more efficiently pursuing water |
1864 | supply development or alternative water supply development |
1865 | projects listed pursuant to a regional water supply plan. |
1866 | (10)(13) "Nonregulated use" means any use of water which |
1867 | is exempted from regulation by the provisions of this chapter. |
1868 | (11)(14) "Other watercourse" means any canal, ditch, or |
1869 | other artificial watercourse in which water usually flows in a |
1870 | defined bed or channel. It is not essential that the flowing be |
1871 | uniform or uninterrupted. |
1872 | (12)(15) "Person" means any and all persons, natural or |
1873 | artificial, including any individual, firm, association, |
1874 | organization, partnership, business trust, corporation, company, |
1875 | the United States of America, and the state and all political |
1876 | subdivisions, regions, districts, municipalities, and public |
1877 | agencies thereof. The enumeration herein is not intended to be |
1878 | exclusive or exhaustive. |
1879 | (13)(16) "Reasonable-beneficial use" means the use of |
1880 | water in such quantity as is necessary for economic and |
1881 | efficient utilization for a purpose and in a manner which is |
1882 | both reasonable and consistent with the public interest. |
1883 | (17) "Regional water supply plan" means a detailed water |
1884 | supply plan developed by a governing board under s. 373.0361. |
1885 | (14)(18) "Stream" means any river, creek, slough, or |
1886 | natural watercourse in which water usually flows in a defined |
1887 | bed or channel. It is not essential that the flowing be uniform |
1888 | or uninterrupted. The fact that some part of the bed or channel |
1889 | has been dredged or improved does not prevent the watercourse |
1890 | from being a stream. |
1891 | (15)(19) "Surface water" means water upon the surface of |
1892 | the earth, whether contained in bounds created naturally or |
1893 | artificially or diffused. Water from natural springs shall be |
1894 | classified as surface water when it exits from the spring onto |
1895 | the earth's surface. |
1896 | (16)(20) "Water" or "waters in the state" means any and |
1897 | all water on or beneath the surface of the ground or in the |
1898 | atmosphere, including natural or artificial watercourses, lakes, |
1899 | ponds, or diffused surface water and water percolating, |
1900 | standing, or flowing beneath the surface of the ground, as well |
1901 | as all coastal waters within the jurisdiction of the state. |
1902 | (17)(21) "Water management district" means any flood |
1903 | control, resource management, or water management district |
1904 | operating under the authority of this chapter. |
1905 | (22) "Water resource development" means the formulation |
1906 | and implementation of regional water resource management |
1907 | strategies, including the collection and evaluation of surface |
1908 | water and groundwater data; structural and nonstructural |
1909 | programs to protect and manage water resources; the development |
1910 | of regional water resource implementation programs; the |
1911 | construction, operation, and maintenance of major public works |
1912 | facilities to provide for flood control, surface and underground |
1913 | water storage, and groundwater recharge augmentation; and |
1914 | related technical assistance to local governments and to |
1915 | government-owned and privately owned water utilities. |
1916 | (18)(23) "Water resource implementation rule" means the |
1917 | rule authorized by s. 373.036, which sets forth goals, |
1918 | objectives, and guidance for the development and review of |
1919 | programs, rules, and plans relating to water resources, based on |
1920 | statutory policies and directives. The waters of the state are |
1921 | among its most basic resources. Such waters should be managed to |
1922 | conserve and protect water resources and to realize the full |
1923 | beneficial use of these resources. |
1924 | (24) "Water supply development" means the planning, |
1925 | design, construction, operation, and maintenance of public or |
1926 | private facilities for water collection, production, treatment, |
1927 | transmission, or distribution for sale, resale, or end use. |
1928 | (19)(25) For the sole purpose of serving as the basis for |
1929 | the unified statewide methodology adopted pursuant to s. |
1930 | 373.421(1), as amended, "wetlands" means those areas that are |
1931 | inundated or saturated by surface water or groundwater at a |
1932 | frequency and a duration sufficient to support, and under normal |
1933 | circumstances do support, a prevalence of vegetation typically |
1934 | adapted for life in saturated soils. Soils present in wetlands |
1935 | generally are classified as hydric or alluvial, or possess |
1936 | characteristics that are associated with reducing soil |
1937 | conditions. The prevalent vegetation in wetlands generally |
1938 | consists of facultative or obligate hydrophytic macrophytes that |
1939 | are typically adapted to areas having soil conditions described |
1940 | above. These species, due to morphological, physiological, or |
1941 | reproductive adaptations, have the ability to grow, reproduce, |
1942 | or persist in aquatic environments or anaerobic soil conditions. |
1943 | Florida wetlands generally include swamps, marshes, bayheads, |
1944 | bogs, cypress domes and strands, sloughs, wet prairies, riverine |
1945 | swamps and marshes, hydric seepage slopes, tidal marshes, |
1946 | mangrove swamps and other similar areas. Florida wetlands |
1947 | generally do not include longleaf or slash pine flatwoods with |
1948 | an understory dominated by saw palmetto. Upon legislative |
1949 | ratification of the methodology adopted pursuant to s. |
1950 | 373.421(1), as amended, the limitation contained herein |
1951 | regarding the purpose of this definition shall cease to be |
1952 | effective. |
1953 | (20)(26) "Works of the district" means those projects and |
1954 | works, including, but not limited to, structures, impoundments, |
1955 | wells, streams, and other watercourses, together with the |
1956 | appurtenant facilities and accompanying lands, which have been |
1957 | officially adopted by the governing board of the district as |
1958 | works of the district. |
1959 | Section 14. Paragraph (b) of subsection (8) of section |
1960 | 373.026, Florida Statutes, is amended to read: |
1961 | 373.026 General powers and duties of the department.--The |
1962 | department, or its successor agency, shall be responsible for |
1963 | the administration of this chapter at the state level. However, |
1964 | it is the policy of the state that, to the greatest extent |
1965 | possible, the department may enter into interagency or |
1966 | interlocal agreements with any other state agency, any water |
1967 | management district, or any local government conducting programs |
1968 | related to or materially affecting the water resources of the |
1969 | state. All such agreements shall be subject to the provisions of |
1970 | s. 373.046. In addition to its other powers and duties, the |
1971 | department shall, to the greatest extent possible: |
1972 | (8) |
1973 | (b) To ensure to the greatest extent possible that project |
1974 | components will go forward as planned, the department shall |
1975 | collaborate with the South Florida Water Management District in |
1976 | implementing the comprehensive plan as defined in s. |
1977 | 373.470(2)(b), the Lake Okeechobee Watershed Protection Plan as |
1978 | defined in s. 373.4595(2), and the River Watershed Protection |
1979 | Plans as defined in s. 373.4595(2). Before any project component |
1980 | is submitted to Congress for authorization or receives an |
1981 | appropriation of state funds, the department must approve, or |
1982 | approve with amendments, each project component within 60 days |
1983 | following formal submittal of the project component to the |
1984 | department. Prior to the release of state funds for the |
1985 | implementation of the comprehensive plan, department approval |
1986 | shall be based upon a determination of the South Florida Water |
1987 | Management District's compliance with s. 373.1501(5). Once a |
1988 | project component is approved, the South Florida Water |
1989 | Management District shall provide to the Joint Legislative |
1990 | Committee on Everglades Oversight a schedule for implementing |
1991 | the project component, the estimated total cost of the project |
1992 | component, any existing federal or nonfederal credits, the |
1993 | estimated remaining federal and nonfederal share of costs, and |
1994 | an estimate of the amount of state funds that will be needed to |
1995 | implement the project component. All requests for an |
1996 | appropriation of state funds needed to implement the project |
1997 | component shall be submitted to the department, and such |
1998 | requests shall be included in the department's annual request to |
1999 | the Governor. Prior to the release of state funds for the |
2000 | implementation of the Lake Okeechobee Watershed Protection Plan |
2001 | or the River Watershed Protection Plans, on an annual basis, the |
2002 | South Florida Water Management District shall prepare an annual |
2003 | work plan as part of the consolidated annual report required in |
2004 | s. 373.036(5)(7). Upon a determination by the secretary of the |
2005 | annual work plan's consistency with the goals and objectives of |
2006 | s. 373.4595, the secretary may approve the release of state |
2007 | funds. Any modifications to the annual work plan shall be |
2008 | submitted to the secretary for review and approval. |
2009 | Section 15. Section 373.036, Florida Statutes, is amended |
2010 | to read: |
2011 | 373.036 Florida water plan; district water management |
2012 | plans.-- |
2013 | (1) FLORIDA WATER PLAN.--In cooperation with the water |
2014 | management districts, regional water supply authorities, and |
2015 | others, the department shall develop the Florida water plan. The |
2016 | Florida water plan shall include, but not be limited to: |
2017 | (a) The programs and activities of the department related |
2018 | to water supply, water quality, flood protection and floodplain |
2019 | management, 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 |
2024 | and review of programs, rules, and plans relating to water |
2025 | resources, based on statutory policies and directives. The state |
2026 | water policy rule, renamed the water resource implementation |
2027 | rule pursuant to s. 373.019(18)(23), shall serve as this part of |
2028 | the plan. Amendments or additions to this part of the Florida |
2029 | water plan shall be adopted by the department as part of the |
2030 | water resource implementation rule. In accordance with s. |
2031 | 373.114, the department shall review rules of the water |
2032 | management districts for consistency with this rule. Amendments |
2033 | to the water resource implementation rule must be adopted by the |
2034 | secretary of the department and be submitted to the President of |
2035 | the Senate and the Speaker of the House of Representatives |
2036 | within 7 days after publication in the Florida Administrative |
2037 | Weekly. Amendments shall not become effective until the |
2038 | conclusion of the next regular session of the Legislature |
2039 | following their adoption. |
2040 | (2) DISTRICT WATER MANAGEMENT PLANS.-- |
2041 | (a) Each governing board shall develop a district water |
2042 | management plan for water resources within its region, which |
2043 | plan addresses water supply, water quality, flood protection and |
2044 | floodplain management, and natural systems. The district water |
2045 | management plan shall be based on at least a 20-year planning |
2046 | period, shall be developed and revised in cooperation with other |
2047 | agencies, regional water supply authorities, units of |
2048 | government, and interested parties, and shall be updated at |
2049 | least once every 5 years. The governing board shall hold a |
2050 | public hearing at least 30 days in advance of completing the |
2051 | development or revision of the district water management plan. |
2052 | (b) The district water management plan shall include, but |
2053 | not be limited to: |
2054 | 1. The district water supply plan. |
2055 | 2.1. The scientific methodologies for establishing minimum |
2056 | flows and levels under s. 373.042, and all established minimum |
2057 | flows and levels. |
2058 | 2. Identification of one or more water supply planning |
2059 | regions that singly or together encompass the entire district. |
2060 | 3. Technical data and information prepared under s. |
2061 | 373.0391. |
2062 | 4. A districtwide water supply assessment, to be completed |
2063 | no later than July 1, 1998, which determines for each water |
2064 | supply planning region: |
2065 | a. Existing legal uses, reasonably anticipated future |
2066 | needs, and existing and reasonably anticipated sources of water |
2067 | and conservation efforts; and |
2068 | b. Whether existing and reasonably anticipated sources of |
2069 | water and conservation efforts are adequate to supply water for |
2070 | all existing legal uses and reasonably anticipated future needs |
2071 | and 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 |
2074 | shall adopt by rule or order relevant portions of the district |
2075 | water management plan, to the extent of its statutory authority. |
2076 | (d) In the formulation of the district water management |
2077 | plan, the governing board shall give due consideration to: |
2078 | 1. The attainment of maximum reasonable-beneficial use of |
2079 | water resources. |
2080 | 2. The maximum economic development of the water resources |
2081 | consistent with other uses. |
2082 | 1.3. The management of water resources for such purposes |
2083 | as environmental protection, drainage, flood control, and water |
2084 | storage. |
2085 | 4. The quantity of water available for application to a |
2086 | reasonable-beneficial use. |
2087 | 5. The prevention of wasteful, uneconomical, impractical, |
2088 | or 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 |
2091 | of the state. |
2092 | 3.8. The state water resources policy as expressed by this |
2093 | chapter. |
2094 | (e) At its option, a governing board may substitute an |
2095 | annual strategic plan for the requirement to develop a district |
2096 | water management plan and the district water management plan |
2097 | annual report required by subparagraph (5)(7)(b)1., provided |
2098 | that nothing herein affects any other provision or requirement |
2099 | of law concerning the completion of the regional water supply |
2100 | plan and the strategic plan meets the following minimum |
2101 | requirements: |
2102 | 1. The strategic plan establishes the water management |
2103 | district's strategic priorities for at least a future 5-year |
2104 | period. |
2105 | 2. The strategic plan identifies the goals, strategies, |
2106 | success indicators, funding sources, deliverables, and |
2107 | milestones to accomplish the strategic priorities. |
2108 | 3. The strategic plan development process includes at |
2109 | least one publicly noticed meeting to allow public participation |
2110 | in its development. |
2111 | 4. The strategic plan includes separately, as an addendum, |
2112 | an annual work plan report on the implementation of the |
2113 | strategic plan for the previous fiscal year, addressing success |
2114 | indicators, deliverables, and milestones. |
2115 | (3) OBJECTIVES.--The department and governing board shall |
2116 | give careful consideration to the requirements of public |
2117 | recreation and to the protection and procreation of fish and |
2118 | wildlife. The department or governing board may prohibit or |
2119 | restrict other future uses on certain designated bodies of water |
2120 | which may be inconsistent with these objectives. |
2121 | (4) The governing board may designate certain uses in |
2122 | connection with a particular source of supply which, because of |
2123 | the nature of the activity or the amount of water required, |
2124 | would constitute an undesirable use for which the governing |
2125 | board may deny a permit. |
2126 | (5) The governing board may designate certain uses in |
2127 | connection with a particular source of supply which, because of |
2128 | the nature of the activity or the amount of water required, |
2129 | would result in an enhancement or improvement of the water |
2130 | resources of the area. Such uses shall be preferred over other |
2131 | uses in the event of competing applications under the permitting |
2132 | systems authorized by this chapter. |
2133 | (4)(6) ADDITIONS TO FLORIDA WATER PLAN.--The department, |
2134 | in cooperation with the Executive Office of the Governor, or its |
2135 | successor agency, may add to the Florida water plan any other |
2136 | information, directions, or objectives it deems necessary or |
2137 | desirable for the guidance of the governing boards or other |
2138 | agencies in the administration and enforcement of this chapter. |
2139 | (5)(7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL |
2140 | REPORT.-- |
2141 | (a) By March 1, 2006, and annually thereafter, each water |
2142 | management district shall prepare and submit to the department, |
2143 | the Governor, the President of the Senate, and the Speaker of |
2144 | the House of Representatives a consolidated water management |
2145 | district annual report on the management of water resources. In |
2146 | addition, copies must be provided by the water management |
2147 | districts to the chairs of all legislative committees having |
2148 | substantive or fiscal jurisdiction over the districts and the |
2149 | governing board of each county in the district having |
2150 | jurisdiction or deriving any funds for operations of the |
2151 | district. Copies of the consolidated annual report must be made |
2152 | available to the public, either in printed or electronic format. |
2153 | (b) The consolidated annual report shall contain the |
2154 | following elements, as appropriate to that water management |
2155 | district: |
2156 | 1. A district water management plan annual report or the |
2157 | annual work plan report allowed in subparagraph (2)(e)4. |
2158 | 2. The department-approved minimum flows and levels annual |
2159 | priority list and schedule required by s. 373.042(2). |
2160 | 3. The annual 5-year capital improvements plan required by |
2161 | s. 373.536(6)(a)3. |
2162 | 4. The alternative water supplies annual report required |
2163 | by s. 373.711(8)(n) 373.1961(3)(n). |
2164 | 5. The final annual 5-year water resource development work |
2165 | program required by s. 373.536(6)(a)4. |
2166 | 6. The Florida Forever Water Management District Work Plan |
2167 | annual report required by s. 373.199(7). |
2168 | 7. The mitigation donation annual report required by s. |
2169 | 373.414(1)(b)2. |
2170 | (c) Each of the elements listed in paragraph (b) is to be |
2171 | addressed in a separate chapter or section within the |
2172 | consolidated annual report, although information common to more |
2173 | than one of these elements may be consolidated as deemed |
2174 | appropriate by the individual water management district. |
2175 | (d) Each water management district may include in the |
2176 | consolidated annual report such additional information on the |
2177 | status or management of water resources within the district as |
2178 | it deems appropriate. |
2179 | (e) In addition to the elements specified in paragraph |
2180 | (b), the South Florida Water Management District shall include |
2181 | in the consolidated annual report the following elements: |
2182 | 1. The Lake Okeechobee Protection Program annual progress |
2183 | report required by s. 373.4595(6)(3)(g). |
2184 | 2. The Everglades annual progress reports specified in s. |
2185 | 373.4592(4)(d)5., (13), and (14). |
2186 | 3. The Everglades restoration annual report required by s. |
2187 | 373.470(7). |
2188 | 4. The Everglades Forever Act annual implementation report |
2189 | required by s. 11.80(4). |
2190 | 5. The Everglades Trust Fund annual expenditure report |
2191 | required by s. 373.45926(3). |
2192 | Section 16. Subsection (2) of section 373.042, Florida |
2193 | Statutes, is amended to read: |
2194 | 373.042 Minimum flows and levels.-- |
2195 | (2) By November 15, 1997, and annually thereafter, each |
2196 | water management district shall submit to the department for |
2197 | review and approval a priority list and schedule for the |
2198 | establishment of minimum flows and levels for surface |
2199 | watercourses, aquifers, and surface waters within the district. |
2200 | The priority list shall also identify those water bodies for |
2201 | which the district will voluntarily undertake independent |
2202 | scientific peer review. By March 1, 2006, and annually |
2203 | thereafter, each water management district shall include its |
2204 | approved priority list and schedule in the consolidated annual |
2205 | report required by s. 373.036(5)(7). The priority list shall be |
2206 | based upon the importance of the waters to the state or region |
2207 | and the existence of or potential for significant harm to the |
2208 | water resources or ecology of the state or region, and shall |
2209 | include those waters which are experiencing or may reasonably be |
2210 | expected to experience adverse impacts. Each water management |
2211 | district's priority list and schedule shall include all first |
2212 | magnitude springs, and all second magnitude springs within state |
2213 | or federally owned lands purchased for conservation purposes. |
2214 | The specific schedule for establishment of spring minimum flows |
2215 | and levels shall be commensurate with the existing or potential |
2216 | threat to spring flow from consumptive uses. Springs within the |
2217 | Suwannee River Water Management District, or second magnitude |
2218 | springs in other areas of the state, need not be included on the |
2219 | priority list if the water management district submits a report |
2220 | to the Department of Environmental Protection demonstrating that |
2221 | adverse impacts are not now occurring nor are reasonably |
2222 | expected to occur from consumptive uses during the next 20 |
2223 | years. The priority list and schedule shall not be subject to |
2224 | any proceeding pursuant to chapter 120. Except as provided in |
2225 | subsection (3), the development of a priority list and |
2226 | compliance with the schedule for the establishment of minimum |
2227 | flows and levels pursuant to this subsection shall satisfy the |
2228 | requirements of subsection (1). |
2229 | Section 17. Subsection (2) of section 373.0421, Florida |
2230 | Statutes, is amended to read: |
2231 | 373.0421 Establishment and implementation of minimum flows |
2232 | and levels.-- |
2233 | (2) If the existing flow or level in a water body is |
2234 | below, or is projected to fall within 20 years below, the |
2235 | applicable minimum flow or level established pursuant to s. |
2236 | 373.042, the department or governing board, as part of the |
2237 | regional water supply plan described in s. 373.713 373.0361, |
2238 | shall expeditiously implement a recovery or prevention strategy, |
2239 | which includes the development of additional water supplies and |
2240 | other actions, consistent with the authority granted by this |
2241 | chapter, to: |
2242 | (a) Achieve recovery to the established minimum flow or |
2243 | level as soon as practicable; or |
2244 | (b) Prevent the existing flow or level from falling below |
2245 | the established minimum flow or level. |
2246 |
|
2247 | The recovery or prevention strategy shall include phasing or a |
2248 | timetable which will allow for the provision of sufficient water |
2249 | supplies for all existing and projected reasonable-beneficial |
2250 | uses, including development of additional water supplies and |
2251 | implementation of conservation and other efficiency measures |
2252 | concurrent with, to the extent practical, and to offset, |
2253 | reductions in permitted withdrawals, consistent with the |
2254 | provisions of this chapter. |
2255 | Section 18. Subsection (4) of section 373.0695, Florida |
2256 | Statutes, is amended to read: |
2257 | 373.0695 Duties of basin boards; authorized |
2258 | expenditures.-- |
2259 | (4) In the exercise of the duties and powers granted |
2260 | herein, the basin boards shall be subject to all the limitations |
2261 | and restrictions imposed on the water management districts in s. |
2262 | 373.705 373.1961. |
2263 | Section 19. Subsection (7) of section 373.199, Florida |
2264 | Statutes, is amended to read: |
2265 | 373.199 Florida Forever Water Management District Work |
2266 | Plan.-- |
2267 | (7) By June 1, 2001, each district shall file with the |
2268 | President of the Senate, the Speaker of the House of |
2269 | Representatives, and the Secretary of Environmental Protection |
2270 | the initial 5-year work plan as required under subsection (2). |
2271 | By March 1 of each year thereafter, as part of the consolidated |
2272 | annual report required by s. 373.036(5)(7), each district shall |
2273 | report on acquisitions completed during the year together with |
2274 | modifications or additions to its 5-year work plan. Included in |
2275 | the report shall be: |
2276 | (a) A description of land management activity for each |
2277 | property or project area owned by the water management district. |
2278 | (b) A list of any lands surplused and the amount of |
2279 | compensation received. |
2280 | (c) The progress of funding, staffing, and resource |
2281 | management of every project funded pursuant to s. 259.101, s. |
2282 | 259.105, or s. 373.59 for which the district is responsible. |
2283 |
|
2284 | The secretary shall submit the report referenced in this |
2285 | subsection to the Board of Trustees of the Internal Improvement |
2286 | Trust Fund together with the Acquisition and Restoration |
2287 | Council's project list as required under s. 259.105. |
2288 | Section 20. Subsections (3) and (5) of section 373.223, |
2289 | Florida Statutes, are amended to read: |
2290 | 373.223 Conditions for a permit.-- |
2291 | (3) Except for the transport and use of water supplied by |
2292 | the Central and Southern Florida Flood Control Project, and |
2293 | anywhere in the state when the transport and use of water is |
2294 | supplied exclusively for bottled water as defined in s. |
2295 | 500.03(1)(d), any water use permit applications pending as of |
2296 | April 1, 1998, with the Northwest Florida Water Management |
2297 | District and self-suppliers of water for which the proposed |
2298 | water source and area of use or application are located on |
2299 | contiguous private properties, when evaluating whether a |
2300 | potential transport and use of ground or surface water across |
2301 | county boundaries is consistent with the public interest, |
2302 | pursuant to paragraph (1)(c), the governing board or department |
2303 | shall consider: |
2304 | (a) The proximity of the proposed water source to the area |
2305 | of use or application. |
2306 | (b) All impoundments, streams, groundwater sources, or |
2307 | watercourses that are geographically closer to the area of use |
2308 | or application than the proposed source, and that are |
2309 | technically and economically feasible for the proposed transport |
2310 | and use. |
2311 | (c) All economically and technically feasible alternatives |
2312 | to the proposed source, including, but not limited to, |
2313 | desalination, conservation, reuse of nonpotable reclaimed water |
2314 | and stormwater, and aquifer storage and recovery. |
2315 | (d) The potential environmental impacts that may result |
2316 | from the transport and use of water from the proposed source, |
2317 | and the potential environmental impacts that may result from use |
2318 | of the other water sources identified in paragraphs (b) and (c). |
2319 | (e) Whether existing and reasonably anticipated sources of |
2320 | water and conservation efforts are adequate to supply water for |
2321 | existing legal uses and reasonably anticipated future needs of |
2322 | the water supply planning region in which the proposed water |
2323 | source is located. |
2324 | (f) Consultations with local governments affected by the |
2325 | proposed transport and use. |
2326 | (g) The value of the existing capital investment in water- |
2327 | related infrastructure made by the applicant. |
2328 |
|
2329 | Where districtwide water supply assessments and regional water |
2330 | supply plans have been prepared pursuant to ss. 373.707 and |
2331 | 373.713 373.036 and 373.0361, the governing board or the |
2332 | department shall use the applicable plans and assessments as the |
2333 | basis for its consideration of the applicable factors in this |
2334 | subsection. |
2335 | (5) In evaluating an application for consumptive use of |
2336 | water which proposes the use of an alternative water supply |
2337 | project as described in the regional water supply plan and |
2338 | provides reasonable assurances of the applicant's capability to |
2339 | design, construct, operate, and maintain the project, the |
2340 | governing board or department shall presume that the alternative |
2341 | water supply use is consistent with the public interest under |
2342 | paragraph (1)(c). However, where the governing board identifies |
2343 | the need for a multijurisdictional water supply entity or |
2344 | regional water supply authority to develop the alternative water |
2345 | supply project pursuant to s. 373.713(2)(a)2. 373.0361(2)(a)2., |
2346 | the presumption shall be accorded only to that use proposed by |
2347 | such entity or authority. This subsection does not effect |
2348 | evaluation of the use pursuant to the provisions of paragraphs |
2349 | (1)(a) and (b), subsections (2) and (3), and ss. 373.2295 and |
2350 | 373.233. |
2351 | Section 21. Section 373.2234, Florida Statutes, is amended |
2352 | to read: |
2353 | 373.2234 Preferred water supply sources.--The governing |
2354 | board of a water management district is authorized to adopt |
2355 | rules that identify preferred water supply sources for |
2356 | consumptive uses for which there is sufficient data to establish |
2357 | that a preferred source will provide a substantial new water |
2358 | supply to meet the existing and projected reasonable-beneficial |
2359 | uses of a water supply planning region identified pursuant to s. |
2360 | 373.713(1) 373.0361(1), while sustaining existing water |
2361 | resources and natural systems. At a minimum, such rules must |
2362 | contain a description of the preferred water supply source and |
2363 | an assessment of the water the preferred source is projected to |
2364 | produce. If an applicant proposes to use a preferred water |
2365 | supply source, that applicant's proposed water use is subject to |
2366 | s. 373.223(1), except that the proposed use of a preferred water |
2367 | supply source must be considered by a water management district |
2368 | when determining whether a permit applicant's proposed use of |
2369 | water is consistent with the public interest pursuant to s. |
2370 | 373.223(1)(c). A consumptive use permit issued for the use of a |
2371 | preferred water supply source must be granted, when requested by |
2372 | the applicant, for at least a 20-year period and may be subject |
2373 | to the compliance reporting provisions of s. 373.236(4). Nothing |
2374 | in this section shall be construed to exempt the use of |
2375 | preferred water supply sources from the provisions of ss. |
2376 | 373.701(3) 373.016(4) and 373.223(2) and (3), or be construed to |
2377 | provide that permits issued for the use of a nonpreferred water |
2378 | supply source must be issued for a duration of less than 20 |
2379 | years or that the use of a nonpreferred water supply source is |
2380 | not consistent with the public interest. Additionally, nothing |
2381 | in this section shall be interpreted to require the use of a |
2382 | preferred water supply source or to restrict or prohibit the use |
2383 | of a nonpreferred water supply source. Rules adopted by the |
2384 | governing board of a water management district to implement this |
2385 | section shall specify that the use of a preferred water supply |
2386 | source is not required and that the use of a nonpreferred water |
2387 | supply source is not restricted or prohibited. |
2388 | Section 22. Subsection (3) of section 373.229, Florida |
2389 | Statutes, 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 |
2393 | the department which propose the transport and use of water |
2394 | across county boundaries shall include information pertaining to |
2395 | factors to be considered, pursuant to s. 373.223(3), unless |
2396 | exempt under s. 373.717 373.1962(9). |
2397 | Section 23. Paragraph (b) of subsection (1) of section |
2398 | 373.414, Florida Statutes, is amended to read: |
2399 | 373.414 Additional criteria for activities in surface |
2400 | waters and wetlands.-- |
2401 | (1) As part of an applicant's demonstration that an |
2402 | activity regulated under this part will not be harmful to the |
2403 | water resources or will not be inconsistent with the overall |
2404 | objectives of the district, the governing board or the |
2405 | department shall require the applicant to provide reasonable |
2406 | assurance that state water quality standards applicable to |
2407 | waters as defined in s. 403.031(13) will not be violated and |
2408 | reasonable assurance that such activity in, on, or over surface |
2409 | waters or wetlands, as delineated in s. 373.421(1), is not |
2410 | contrary to the public interest. However, if such an activity |
2411 | significantly degrades or is within an Outstanding Florida |
2412 | Water, as provided by department rule, the applicant must |
2413 | provide reasonable assurance that the proposed activity will be |
2414 | clearly in the public interest. |
2415 | (b) If the applicant is unable to otherwise meet the |
2416 | criteria set forth in this subsection, the governing board or |
2417 | the department, in deciding to grant or deny a permit, shall |
2418 | consider measures proposed by or acceptable to the applicant to |
2419 | mitigate adverse effects that may be caused by the regulated |
2420 | activity. Such measures may include, but are not limited to, |
2421 | onsite mitigation, offsite mitigation, offsite regional |
2422 | mitigation, and the purchase of mitigation credits from |
2423 | mitigation banks permitted under s. 373.4136. It shall be the |
2424 | responsibility of the applicant to choose the form of |
2425 | mitigation. The mitigation must offset the adverse effects |
2426 | caused by the regulated activity. |
2427 | 1. The department or water management districts may accept |
2428 | the donation of money as mitigation only where the donation is |
2429 | specified for use in a duly noticed environmental creation, |
2430 | preservation, enhancement, or restoration project, endorsed by |
2431 | the department or the governing board of the water management |
2432 | district, which offsets the impacts of the activity permitted |
2433 | under this part. However, the provisions of this subsection |
2434 | shall not apply to projects undertaken pursuant to s. 373.4137 |
2435 | or chapter 378. Where a permit is required under this part to |
2436 | implement any project endorsed by the department or a water |
2437 | management district, all necessary permits must have been issued |
2438 | prior to the acceptance of any cash donation. After the |
2439 | effective date of this act, when money is donated to either the |
2440 | department or a water management district to offset impacts |
2441 | authorized by a permit under this part, the department or the |
2442 | water management district shall accept only a donation that |
2443 | represents the full cost to the department or water management |
2444 | district of undertaking the project that is intended to mitigate |
2445 | the adverse impacts. The full cost shall include all direct and |
2446 | indirect costs, as applicable, such as those for land |
2447 | acquisition, land restoration or enhancement, perpetual land |
2448 | management, and general overhead consisting of costs such as |
2449 | staff time, building, and vehicles. The department or the water |
2450 | management district may use a multiplier or percentage to add to |
2451 | other direct or indirect costs to estimate general overhead. |
2452 | Mitigation credit for such a donation shall be given only to the |
2453 | extent that the donation covers the full cost to the agency of |
2454 | undertaking the project that is intended to mitigate the adverse |
2455 | impacts. However, nothing herein shall be construed to prevent |
2456 | the department or a water management district from accepting a |
2457 | donation representing a portion of a larger project, provided |
2458 | that the donation covers the full cost of that portion and |
2459 | mitigation credit is given only for that portion. The department |
2460 | or water management district may deviate from the full cost |
2461 | requirements of this subparagraph to resolve a proceeding |
2462 | brought pursuant to chapter 70 or a claim for inverse |
2463 | condemnation. Nothing in this section shall be construed to |
2464 | require the owner of a private mitigation bank, permitted under |
2465 | s. 373.4136, to include the full cost of a mitigation credit in |
2466 | the price of the credit to a purchaser of said credit. |
2467 | 2. The department and each water management district shall |
2468 | report by March 1 of each year, as part of the consolidated |
2469 | annual report required by s. 373.036(5)(7), all cash donations |
2470 | accepted under subparagraph 1. during the preceding water |
2471 | management district fiscal year for wetland mitigation purposes. |
2472 | The report shall exclude those contributions pursuant to s. |
2473 | 373.4137. The report shall include a description of the endorsed |
2474 | mitigation projects and, except for projects governed by s. |
2475 | 373.4135(6), shall address, as applicable, success criteria, |
2476 | project implementation status and timeframe, monitoring, long- |
2477 | term management, provisions for preservation, and full cost |
2478 | accounting. |
2479 | 3. If the applicant is unable to meet water quality |
2480 | standards because existing ambient water quality does not meet |
2481 | standards, the governing board or the department shall consider |
2482 | mitigation measures proposed by or acceptable to the applicant |
2483 | that cause net improvement of the water quality in the receiving |
2484 | body of water for those parameters which do not meet standards. |
2485 | 4. If mitigation requirements imposed by a local |
2486 | government for surface water and wetland impacts of an activity |
2487 | regulated under this part cannot be reconciled with mitigation |
2488 | requirements approved under a permit for the same activity |
2489 | issued under this part, including application of the uniform |
2490 | wetland mitigation assessment method adopted pursuant to |
2491 | subsection (18), the mitigation requirements for surface water |
2492 | and wetland impacts shall be controlled by the permit issued |
2493 | under this part. |
2494 | Section 24. Subsection (1) of section 373.421, Florida |
2495 | Statutes, is amended to read: |
2496 | 373.421 Delineation methods; formal determinations.-- |
2497 | (1) The Environmental Regulation Commission shall adopt a |
2498 | unified statewide methodology for the delineation of the extent |
2499 | of wetlands as defined in s. 373.019(19)(25). This methodology |
2500 | shall consider regional differences in the types of soils and |
2501 | vegetation that may serve as indicators of the extent of |
2502 | wetlands. This methodology shall also include provisions for |
2503 | determining the extent of surface waters other than wetlands for |
2504 | the purposes of regulation under s. 373.414. This methodology |
2505 | shall not become effective until ratified by the Legislature. |
2506 | Subsequent to legislative ratification, the wetland definition |
2507 | in s. 373.019(19)(25) and the adopted wetland methodology shall |
2508 | be binding on the department, the water management districts, |
2509 | local governments, and any other governmental entities. Upon |
2510 | ratification of such wetland methodology, the Legislature |
2511 | preempts the authority of any water management district, state |
2512 | or regional agency, or local government to define wetlands or |
2513 | develop a delineation methodology to implement the definition |
2514 | and determines that the exclusive definition and delineation |
2515 | methodology for wetlands shall be that established pursuant to |
2516 | s. 373.019(19)(25) and this section. Upon such legislative |
2517 | ratification, any existing wetlands definition or wetland |
2518 | delineation methodology shall be superseded by the wetland |
2519 | definition and delineation methodology established pursuant to |
2520 | this chapter. Subsequent to legislative ratification, a |
2521 | delineation of the extent of a surface water or wetland by the |
2522 | department or a water management district, pursuant to a formal |
2523 | determination under subsection (2), or pursuant to a permit |
2524 | issued under this part in which the delineation was field- |
2525 | verified by the permitting agency and specifically approved in |
2526 | the permit, shall be binding on all other governmental entities |
2527 | for the duration of the formal determination or permit. All |
2528 | existing rules and methodologies of the department, the water |
2529 | management districts, and local governments, regarding surface |
2530 | water or wetland definition and delineation shall remain in full |
2531 | force and effect until the common methodology rule becomes |
2532 | effective. However, this shall not be construed to limit any |
2533 | power of the department, the water management districts, and |
2534 | local governments to amend or adopt a surface water or wetland |
2535 | definition or delineation methodology until the common |
2536 | methodology rule becomes effective. |
2537 | Section 25. Paragraph (d) of subsection (4) and |
2538 | subsections (13) and (14) of section 373.4592, Florida Statutes, |
2539 | are 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 |
2544 | evaluate available water quality data for the Everglades |
2545 | Protection Area and tributary waters and identify any additional |
2546 | information necessary to adequately describe water quality in |
2547 | the Everglades Protection Area and tributary waters. The |
2548 | department and the district shall also initiate a research and |
2549 | monitoring program to generate such additional information |
2550 | identified and to evaluate the effectiveness of the BMPs and |
2551 | STAs, as they are implemented, in improving water quality and |
2552 | maintaining designated and existing beneficial uses of the |
2553 | Everglades Protection Area and tributary waters. As part of the |
2554 | program, the district shall monitor all discharges into the |
2555 | Everglades Protection Area for purposes of determining |
2556 | compliance with state water quality standards. |
2557 | 2. The research and monitoring program shall evaluate the |
2558 | ecological and hydrological needs of the Everglades Protection |
2559 | Area, including the minimum flows and levels. Consistent with |
2560 | such needs, the program shall also evaluate water quality |
2561 | standards for the Everglades Protection Area and for the canals |
2562 | of the EAA, so that these canals can be classified in the manner |
2563 | set forth in paragraph (e) and protected as an integral part of |
2564 | the water management system which includes the STAs of the |
2565 | Everglades Construction Project and allows landowners in the EAA |
2566 | to achieve applicable water quality standards compliance by BMPs |
2567 | and STA treatment to the extent this treatment is available and |
2568 | effective. |
2569 | 3. The research and monitoring program shall include |
2570 | research seeking to optimize the design and operation of the |
2571 | STAs, including research to reduce outflow concentrations, and |
2572 | to identify other treatment and management methods and |
2573 | regulatory programs that are superior to STAs in achieving the |
2574 | intent and purposes of this section. |
2575 | 4. The research and monitoring program shall be conducted |
2576 | to allow the department to propose a phosphorus criterion in the |
2577 | Everglades Protection Area, and to evaluate existing state water |
2578 | quality standards applicable to the Everglades Protection Area |
2579 | and existing state water quality standards and classifications |
2580 | applicable to the EAA canals. In developing the phosphorus |
2581 | criterion, the department shall also consider the minimum flows |
2582 | and levels for the Everglades Protection Area and the district's |
2583 | water supply plans for the Lower East Coast. |
2584 | 5. Beginning March 1, 2006, as part of the consolidated |
2585 | annual report required by s. 373.036(5)(7), the district and the |
2586 | department shall annually issue a peer-reviewed report regarding |
2587 | the research and monitoring program that summarizes all data and |
2588 | findings. The report shall identify water quality parameters, in |
2589 | addition to phosphorus, which exceed state water quality |
2590 | standards or are causing or contributing to adverse impacts in |
2591 | the Everglades Protection Area. |
2592 | 6. The district shall continue research seeking to |
2593 | optimize the design and operation of STAs and to identify other |
2594 | treatment and management methods that are superior to STAs in |
2595 | achieving optimum water quality and water quantity for the |
2596 | benefit of the Everglades. The district shall optimize the |
2597 | design and operation of the STAs described in the Everglades |
2598 | Construction Project prior to expanding their size. Additional |
2599 | methods to achieve compliance with water quality standards shall |
2600 | not be limited to more intensive management of the STAs. |
2601 | (13) ANNUAL REPORTS.--Beginning March 1, 2006, as part of |
2602 | the consolidated annual report required by s. 373.036(5)(7), the |
2603 | district shall report on implementation of the section. The |
2604 | annual report will include a summary of the water conditions in |
2605 | the Everglades Protection Area, the status of the impacted |
2606 | areas, the status of the construction of the STAs, the |
2607 | implementation of the BMPs, and actions taken to monitor and |
2608 | control exotic species. The district must prepare the report in |
2609 | coordination with federal and state agencies. |
2610 | (14) EVERGLADES FUND.--The South Florida Water Management |
2611 | District is directed to separately account for all moneys used |
2612 | for the purpose of funding the Everglades Construction Project |
2613 | as part of the consolidated annual report required by s. |
2614 | 373.036(5)(7). |
2615 | Section 26. Subsection (3) of section 373.45926, Florida |
2616 | Statutes, is amended to read: |
2617 | 373.45926 Everglades Trust Fund; allocation of revenues |
2618 | and expenditure of funds for conservation and protection of |
2619 | natural resources and abatement of water pollution.-- |
2620 | (3) The South Florida Water Management District shall |
2621 | furnish, as part of the consolidated annual report required by |
2622 | s. 373.036(5)(7), a detailed copy of its expenditures from the |
2623 | Everglades Trust Fund to the Governor, the President of the |
2624 | Senate, and the Speaker of the House of Representatives, and |
2625 | shall make copies available to the public. The information shall |
2626 | be provided in a format approved by the Joint Legislative |
2627 | Committee on Everglades Oversight. At the direction of the Joint |
2628 | Legislative Committee on Everglades Oversight, an audit may be |
2629 | made from time to time by the Auditor General, and such audit |
2630 | shall be within the authority of said Auditor General to make. |
2631 | Section 27. Subsection (6) of section 373.4595, Florida |
2632 | Statutes, is amended to read: |
2633 | 373.4595 Northern Everglades and Estuaries Protection |
2634 | Program.-- |
2635 | (6) ANNUAL PROGRESS REPORT.--Each March 1 the district |
2636 | shall report on implementation of this section as part of the |
2637 | consolidated annual report required in s. 373.036(5)(7). The |
2638 | annual report shall include a summary of the conditions of the |
2639 | hydrology, water quality, and aquatic habitat in the northern |
2640 | Everglades based on the results of the Research and Water |
2641 | Quality Monitoring Programs, the status of the Lake Okeechobee |
2642 | Watershed Construction Project, the status of the Caloosahatchee |
2643 | River Watershed Construction Project, and the status of the St. |
2644 | Lucie River Watershed Construction Project. In addition, the |
2645 | report shall contain an annual accounting of the expenditure of |
2646 | funds from the Save Our Everglades Trust Fund. At a minimum, the |
2647 | annual report shall provide detail by program and plan, |
2648 | including specific information concerning the amount and use of |
2649 | funds from federal, state, or local government sources. In |
2650 | detailing the use of these funds, the district shall indicate |
2651 | those designated to meet requirements for matching funds. The |
2652 | district shall prepare the report in cooperation with the other |
2653 | coordinating agencies and affected local governments. |
2654 | Section 28. Subsection (7) of section 373.470, Florida |
2655 | Statutes, is amended to read: |
2656 | 373.470 Everglades restoration.-- |
2657 | (7) ANNUAL REPORT.--To provide enhanced oversight of and |
2658 | accountability for the financial commitments established under |
2659 | this section and the progress made in the implementation of the |
2660 | comprehensive plan, the following information must be prepared |
2661 | annually as part of the consolidated annual report required by |
2662 | s. 373.036(5)(7): |
2663 | (a) The district, in cooperation with the department, |
2664 | shall provide the following information as it relates to |
2665 | implementation of the comprehensive plan: |
2666 | 1. An identification of funds, by source and amount, |
2667 | received by the state and by each local sponsor during the |
2668 | fiscal year. |
2669 | 2. An itemization of expenditures, by source and amount, |
2670 | made by the state and by each local sponsor during the fiscal |
2671 | year. |
2672 | 3. A description of the purpose for which the funds were |
2673 | expended. |
2674 | 4. The unencumbered balance of funds remaining in trust |
2675 | funds or other accounts designated for implementation of the |
2676 | comprehensive plan. |
2677 | 5. A schedule of anticipated expenditures for the next |
2678 | fiscal year. |
2679 | (b) The department shall prepare a detailed report on all |
2680 | funds expended by the state and credited toward the state's |
2681 | share of funding for implementation of the comprehensive plan. |
2682 | The report shall include: |
2683 | 1. A description of all expenditures, by source and |
2684 | amount, from the Conservation and Recreation Lands Trust Fund, |
2685 | the Land Acquisition Trust Fund, the Preservation 2000 Trust |
2686 | Fund, the Florida Forever Trust Fund, the Save Our Everglades |
2687 | Trust Fund, and other named funds or accounts for the |
2688 | acquisition or construction of project components or other |
2689 | features or facilities that benefit the comprehensive plan. |
2690 | 2. A description of the purposes for which the funds were |
2691 | expended. |
2692 | 3. The unencumbered fiscal-year-end balance that remains |
2693 | in each trust fund or account identified in subparagraph 1. |
2694 | (c) The district, in cooperation with the department, |
2695 | shall provide a detailed report on progress made in the |
2696 | implementation of the comprehensive plan, including the status |
2697 | of all project components initiated after the effective date of |
2698 | this act or the date of the last report prepared under this |
2699 | subsection, whichever is later. |
2700 |
|
2701 | The information required in paragraphs (a), (b), and (c) shall |
2702 | be provided as part of the consolidated annual report required |
2703 | by s. 373.036(5)(7). The initial report is due by November 30, |
2704 | 2000, and each annual report thereafter is due by March 1. |
2705 | Section 29. Paragraph (a) of subsection (6) of section |
2706 | 373.536, Florida Statutes, is amended to read: |
2707 | 373.536 District budget and hearing thereon.-- |
2708 | (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN; |
2709 | WATER RESOURCE DEVELOPMENT WORK PROGRAM.-- |
2710 | (a) Each district must, by the date specified for each |
2711 | item, furnish copies of the following documents to the Governor, |
2712 | the President of the Senate, the Speaker of the House of |
2713 | Representatives, the chairs of all legislative committees and |
2714 | subcommittees having substantive or fiscal jurisdiction over the |
2715 | districts, as determined by the President of the Senate or the |
2716 | Speaker of the House of Representatives as applicable, the |
2717 | secretary of the department, and the governing board of each |
2718 | county in which the district has jurisdiction or derives any |
2719 | funds for the operations of the district: |
2720 | 1. The adopted budget, to be furnished within 10 days |
2721 | after its adoption. |
2722 | 2. A financial audit of its accounts and records, to be |
2723 | furnished within 10 days after its acceptance by the governing |
2724 | board. The audit must be conducted in accordance with the |
2725 | provisions of s. 11.45 and the rules adopted thereunder. In |
2726 | addition to the entities named above, the district must provide |
2727 | a copy of the audit to the Auditor General within 10 days after |
2728 | its acceptance by the governing board. |
2729 | 3. A 5-year capital improvements plan, to be included in |
2730 | the consolidated annual report required by s. 373.036(5)(7). The |
2731 | plan must include expected sources of revenue for planned |
2732 | improvements and must be prepared in a manner comparable to the |
2733 | fixed capital outlay format set forth in s. 216.043. |
2734 | 4. A 5-year water resource development work program to be |
2735 | furnished within 30 days after the adoption of the final budget. |
2736 | The program must describe the district's implementation strategy |
2737 | for the water resource development component of each approved |
2738 | regional water supply plan developed or revised under s. 373.713 |
2739 | 373.0361. The work program must address all the elements of the |
2740 | water resource development component in the district's approved |
2741 | regional water supply plans and must identify which projects in |
2742 | the work program will provide water, explain how each water |
2743 | resource development project will produce additional water |
2744 | available for consumptive uses, estimate the quantity of water |
2745 | to be produced by each project, and provide an assessment of the |
2746 | contribution of the district's regional water supply plans in |
2747 | providing sufficient water to meet the water supply needs of |
2748 | existing and future reasonable-beneficial uses for a 1-in-10- |
2749 | year drought event. Within 30 days after its submittal, the |
2750 | department shall review the proposed work program and submit its |
2751 | findings, questions, and comments to the district. The review |
2752 | must include a written evaluation of the program's consistency |
2753 | with the furtherance of the district's approved regional water |
2754 | supply plans, and the adequacy of proposed expenditures. As part |
2755 | of the review, the department shall give interested parties the |
2756 | opportunity to provide written comments on each district's |
2757 | proposed work program. Within 45 days after receipt of the |
2758 | department's evaluation, the governing board shall state in |
2759 | writing to the department which changes recommended in the |
2760 | evaluation it will incorporate into its work program submitted |
2761 | as part of the March 1 consolidated annual report required by s. |
2762 | 373.036(5)(7) or specify the reasons for not incorporating the |
2763 | changes. The department shall include the district's responses |
2764 | in a final evaluation report and shall submit a copy of the |
2765 | report to the Governor, the President of the Senate, and the |
2766 | Speaker of the House of Representatives. |
2767 | Section 30. Subsection (11) of section 373.59, Florida |
2768 | Statutes, is amended to read: |
2769 | 373.59 Water Management Lands Trust Fund.-- |
2770 | (11) Notwithstanding any provision of this section to the |
2771 | contrary, the governing board of a water management district may |
2772 | request, and the Secretary of Environmental Protection shall |
2773 | release upon such request, moneys allocated to the districts |
2774 | pursuant to subsection (8) for purposes consistent with the |
2775 | provisions of s. 373.713 373.0361, s. 373.709 373.0831, s. |
2776 | 373.139, or ss. 373.451-373.4595 and for legislatively |
2777 | authorized land acquisition and water restoration initiatives. |
2778 | No funds may be used pursuant to this subsection until necessary |
2779 | debt service obligations, requirements for payments in lieu of |
2780 | taxes, and land management obligations that may be required by |
2781 | this chapter are provided for. |
2782 | Section 31. Paragraph (g) of subsection (1) of section |
2783 | 378.212, Florida Statutes, is amended to read: |
2784 | 378.212 Variances.-- |
2785 | (1) Upon application, the secretary may grant a variance |
2786 | from the provisions of this part or the rules adopted pursuant |
2787 | thereto. Variances and renewals thereof may be granted for any |
2788 | one of the following reasons: |
2789 | (g) To accommodate reclamation that provides water supply |
2790 | development or water resource development not inconsistent with |
2791 | the applicable regional water supply plan approved pursuant to |
2792 | s. 373.713 373.0361, provided adverse impacts are not caused to |
2793 | the water resources in the basin. A variance may also be granted |
2794 | from the requirements of part IV of chapter 373, or the rules |
2795 | adopted thereunder, when a project provides an improvement in |
2796 | water availability in the basin and does not cause adverse |
2797 | impacts to water resources in the basin. |
2798 | Section 32. Subsection (9) of section 378.404, Florida |
2799 | Statutes, is amended to read: |
2800 | 378.404 Department of Environmental Protection; powers and |
2801 | duties.--The department shall have the following powers and |
2802 | duties: |
2803 | (9) To grant variances from the provisions of this part to |
2804 | accommodate reclamation that provides for water supply |
2805 | development or water resource development not inconsistent with |
2806 | the applicable regional water supply plan approved pursuant to |
2807 | s. 373.713 373.0361, appropriate stormwater management, improved |
2808 | wildlife habitat, recreation, or a mixture thereof, provided |
2809 | adverse impacts are not caused to the water resources in the |
2810 | basin and public health and safety are not adversely affected. |
2811 | Section 33. Subsection (14) of section 403.031, Florida |
2812 | Statutes, is amended to read: |
2813 | 403.031 Definitions.--In construing this chapter, or rules |
2814 | and regulations adopted pursuant hereto, the following words, |
2815 | phrases, or terms, unless the context otherwise indicates, have |
2816 | the following meanings: |
2817 | (14) "State water resource implementation rule" means the |
2818 | rule authorized by s. 373.707 373.036, which sets forth goals, |
2819 | objectives, and guidance for the development and review of |
2820 | programs, rules, and plans relating to water resources, based on |
2821 | statutory policies and directives. The waters of the state are |
2822 | among its most basic resources. Such waters should be managed to |
2823 | conserve and protect water resources and to realize the full |
2824 | beneficial use of these resources. |
2825 | Section 34. Paragraph (a) of subsection (3) of section |
2826 | 403.0891, Florida Statutes, is amended to read: |
2827 | 403.0891 State, regional, and local stormwater management |
2828 | plans and programs.--The department, the water management |
2829 | districts, and local governments shall have the responsibility |
2830 | for the development of mutually compatible stormwater management |
2831 | programs. |
2832 | (3)(a) Each local government required by chapter 163 to |
2833 | submit a comprehensive plan, whose plan is submitted after July |
2834 | 1, 1992, and the others when updated after July 1, 1992, in the |
2835 | development of its stormwater management program described by |
2836 | elements within its comprehensive plan shall consider the water |
2837 | resource implementation rule, district stormwater management |
2838 | goals, plans approved pursuant to the Surface Water Improvement |
2839 | and Management Act, ss. 373.451-373.4595, and technical |
2840 | assistance information provided by the water management |
2841 | districts pursuant to s. 373.715 373.0391. |
2842 | Section 35. Paragraphs (r) and (u) of subsection (1) of |
2843 | section 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 |
2846 | 373, chapter 61-691, Laws of Florida, or chapter 25214 or |
2847 | chapter 25270, 1949, Laws of Florida, for activities associated |
2848 | with the following types of projects; however, except as |
2849 | otherwise provided in this subsection, nothing in this |
2850 | subsection relieves an applicant from any requirement to obtain |
2851 | permission to use or occupy lands owned by the Board of Trustees |
2852 | of the Internal Improvement Trust Fund or any water management |
2853 | district in its governmental or proprietary capacity or from |
2854 | complying with applicable local pollution control programs |
2855 | authorized under this chapter or other requirements of county |
2856 | and municipal governments: |
2857 | (r) The removal of aquatic plants, the removal of |
2858 | tussocks, the associated replanting of indigenous aquatic |
2859 | plants, and the associated removal from lakes of organic |
2860 | detrital material when such planting or removal is performed and |
2861 | authorized by permit or exemption granted under s. 369.20 or s. |
2862 | 369.25, provided that: |
2863 | 1. Organic detrital material that exists on the surface of |
2864 | natural mineral substrate shall be allowed to be removed to a |
2865 | depth of 3 feet or to the natural mineral substrate, whichever |
2866 | is less; |
2867 | 2. All material removed pursuant to this paragraph shall |
2868 | be deposited in an upland site in a manner that will prevent the |
2869 | reintroduction of the material into waters in the state except |
2870 | when spoil material is permitted to be used to create wildlife |
2871 | islands in freshwater bodies of the state when a governmental |
2872 | entity is permitted pursuant to s. 369.20 to create such islands |
2873 | as a part of a restoration or enhancement project; |
2874 | 3. All activities are performed in a manner consistent |
2875 | with state water quality standards; and |
2876 | 4. No activities under this exemption are conducted in |
2877 | wetland areas, as defined by s. 373.019(19)(25), which are |
2878 | supported by a natural soil as shown in applicable United States |
2879 | Department of Agriculture county soil surveys, except when a |
2880 | governmental entity is permitted pursuant to s. 369.20 to |
2881 | conduct such activities as a part of a restoration or |
2882 | enhancement project. |
2883 |
|
2884 | The department may not adopt implementing rules for this |
2885 | paragraph, notwithstanding any other provision of law. |
2886 | (u) Notwithstanding any provision to the contrary in this |
2887 | subsection, a permit or other authorization under chapter 253, |
2888 | chapter 369, chapter 373, or this chapter is not required for an |
2889 | individual residential property owner for the removal of organic |
2890 | detrital material from freshwater rivers or lakes that have a |
2891 | natural sand or rocky substrate and that are not Aquatic |
2892 | Preserves or for the associated removal and replanting of |
2893 | aquatic vegetation for the purpose of environmental enhancement, |
2894 | providing that: |
2895 | 1. No activities under this exemption are conducted in |
2896 | wetland areas, as defined by s. 373.019(19)(25), which are |
2897 | supported by a natural soil as shown in applicable United States |
2898 | Department 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 |
2901 | limited to, ash, bay, cypress, gum, maple, or tupelo, occurs. |
2902 | 4. When removing organic detrital material, no portion of |
2903 | the underlying natural mineral substrate or rocky substrate is |
2904 | removed. |
2905 | 5. Organic detrital material and plant material removed is |
2906 | deposited in an upland site in a manner that will not cause |
2907 | water quality violations. |
2908 | 6. All activities are conducted in such a manner, and with |
2909 | appropriate turbidity controls, so as to prevent any water |
2910 | quality violations outside the immediate work area. |
2911 | 7. Replanting with a variety of aquatic plants native to |
2912 | the state shall occur in a minimum of 25 percent of the |
2913 | preexisting vegetated areas where organic detrital material is |
2914 | removed, except for areas where the material is removed to bare |
2915 | rocky substrate; however, an area may be maintained clear of |
2916 | vegetation as an access corridor. The access corridor width may |
2917 | not exceed 50 percent of the property owner's frontage or 50 |
2918 | feet, whichever is less, and may be a sufficient length |
2919 | waterward to create a corridor to allow access for a boat or |
2920 | swimmer to reach open water. Replanting must be at a minimum |
2921 | density of 2 feet on center and be completed within 90 days |
2922 | after removal of existing aquatic vegetation, except that under |
2923 | dewatered conditions replanting must be completed within 90 days |
2924 | after reflooding. The area to be replanted must extend waterward |
2925 | from the ordinary high water line to a point where normal water |
2926 | depth would be 3 feet or the preexisting vegetation line, |
2927 | whichever is less. Individuals are required to make a reasonable |
2928 | effort to maintain planting density for a period of 6 months |
2929 | after replanting is complete, and the plants, including |
2930 | naturally recruited native aquatic plants, must be allowed to |
2931 | expand and fill in the revegetation area. Native aquatic plants |
2932 | to be used for revegetation must be salvaged from the |
2933 | enhancement project site or obtained from an aquatic plant |
2934 | nursery regulated by the Department of Agriculture and Consumer |
2935 | Services. Plants that are not native to the state may not be |
2936 | used for replanting. |
2937 | 8. No activity occurs any farther than 100 feet waterward |
2938 | of the ordinary high water line, and all activities must be |
2939 | designed and conducted in a manner that will not unreasonably |
2940 | restrict or infringe upon the riparian rights of adjacent upland |
2941 | riparian owners. |
2942 | 9. The person seeking this exemption notifies the |
2943 | applicable department district office in writing at least 30 |
2944 | days before commencing work and allows the department to conduct |
2945 | a preconstruction site inspection. Notice must include an |
2946 | organic-detrital-material removal and disposal plan and, if |
2947 | applicable, a vegetation-removal and revegetation plan. |
2948 | 10. The department is provided written certification of |
2949 | compliance with the terms and conditions of this paragraph |
2950 | within 30 days after completion of any activity occurring under |
2951 | this exemption. |
2952 | Section 36. Paragraph (a) of subsection (1) and paragraph |
2953 | (a) of subsection (2) of section 403.890, Florida Statutes, are |
2954 | amended to read: |
2955 | 403.890 Water Protection and Sustainability Program; |
2956 | intent; goals; purposes.-- |
2957 | (1) Effective July 1, 2006, revenues transferred from the |
2958 | Department of Revenue pursuant to s. 201.15(1)(c)2. shall be |
2959 | deposited into the Water Protection and Sustainability Program |
2960 | Trust Fund in the Department of Environmental Protection. These |
2961 | revenues and any other additional revenues deposited into or |
2962 | appropriated to the Water Protection and Sustainability Program |
2963 | Trust Fund shall be distributed by the Department of |
2964 | Environmental Protection in the following manner: |
2965 | (a) Sixty percent to the Department of Environmental |
2966 | Protection for the implementation of an alternative water supply |
2967 | program as provided in s. 373.717 373.1961. |
2968 | (2) Applicable beginning in the 2007-2008 fiscal year, |
2969 | revenues transferred from the Department of Revenue pursuant to |
2970 | s. 201.15(1)(d)2. shall be deposited into the Water Protection |
2971 | and Sustainability Program Trust Fund in the Department of |
2972 | Environmental Protection. These revenues and any other |
2973 | additional revenues deposited into or appropriated to the Water |
2974 | Protection and Sustainability Program Trust Fund shall be |
2975 | distributed by the Department of Environmental Protection in the |
2976 | following manner: |
2977 | (a) Sixty-five percent to the Department of Environmental |
2978 | Protection for the implementation of an alternative water supply |
2979 | program as provided in s. 373.717 373.1961. |
2980 | Section 37. Subsection (6) of section 556.102, Florida |
2981 | Statutes, is amended to read: |
2982 | 556.102 Definitions.--As used in this act: |
2983 | (6) "Excavate" or "excavation" means any manmade cut, |
2984 | cavity, trench, or depression in the earth's surface, formed by |
2985 | removal of earth, intended to change the grade or level of land, |
2986 | or intended to penetrate or disturb the surface of the earth, |
2987 | including land beneath the waters of the state, as defined in s. |
2988 | 373.019(16)(20), and the term includes pipe bursting and |
2989 | directional drilling or boring from one point to another point |
2990 | beneath the surface of the earth, or other trenchless |
2991 | technologies. |
2992 | Section 38. Section 682.02, Florida Statutes, is amended |
2993 | to read: |
2994 | 682.02 Arbitration agreements made valid, irrevocable, and |
2995 | enforceable; scope.--Two or more parties may agree in writing to |
2996 | submit to arbitration any controversy existing between them at |
2997 | the time of the agreement, or they may include in a written |
2998 | contract a provision for the settlement by arbitration of any |
2999 | controversy thereafter arising between them relating to such |
3000 | contract or the failure or refusal to perform the whole or any |
3001 | part thereof. This section also applies to written interlocal |
3002 | agreements under ss. 163.01 and 373.717 373.1962 in which two or |
3003 | more parties agree to submit to arbitration any controversy |
3004 | between them concerning water use permit applications and other |
3005 | matters, regardless of whether or not the water management |
3006 | district with jurisdiction over the subject application is a |
3007 | party to the interlocal agreement or a participant in the |
3008 | arbitration. Such agreement or provision shall be valid, |
3009 | enforceable, and irrevocable without regard to the justiciable |
3010 | character of the controversy; provided that this act shall not |
3011 | apply to any such agreement or provision to arbitrate in which |
3012 | it is stipulated that this law shall not apply or to any |
3013 | arbitration or award thereunder. |
3014 | Section 39. Section 373.71, Florida Statutes, is |
3015 | renumbered as section 373.69, Florida Statutes. |
3016 | Section 40. Sections 373.0361, 373.0391, 373.0831, |
3017 | 373.196, 373.1961, 373.1962, and 373.1963, Florida Statutes, are |
3018 | repealed. |
3019 | Section 41. This act shall take effect July 1, 2009. |