| 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 |
|
| 127 | Be It Enacted by the Legislature of the State of Florida: |
| 128 |
|
| 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. |