CS/HB 1111

1
A bill to be entitled
2An act relating to water supply; creating part VII of ch.
3373, F.S., relating to water supply policy, planning,
4production, and funding; providing a declaration of
5policy; providing for the powers and duties of water
6management district governing boards; requiring the
7Department of Environmental Protection to develop the
8Florida water supply plan; providing components of the
9plan; requiring water management district governing boards
10to develop water supply plans for their respective
11regions; providing components of district water supply
12plans; providing legislative findings and intent with
13respect to water resource development and water supply
14development; requiring water management districts to fund
15and implement water resource development; specifying water
16supply development projects that are eligible to receive
17priority consideration for state or water management
18district funding assistance; encouraging cooperation in
19the development of water supplies; providing for
20alternative water supply development; encouraging
21municipalities, counties, and special districts to create
22regional water supply authorities; establishing the
23primary roles of the water management districts in
24alternative water supply development; establishing the
25primary roles of local governments, regional water supply
26authorities, special districts, and publicly owned and
27privately owned water utilities in alternative water
28supply development; requiring the water management
29districts to detail the specific allocations to be used
30for alternative water supply development in their annual
31budget submission; requiring that the water management
32districts include the amount needed to implement the water
33supply development projects in each annual budget;
34establishing general funding criteria for funding
35assistance to the state or water management districts;
36establishing economic incentives for alternative water
37supply development; providing a funding formula for the
38distribution of state funds to the water management
39districts for alternative water supply development;
40requiring that funding assistance for alternative water
41supply development be limited to a percentage of the total
42capital costs of an approved project; establishing a
43selection process and criteria; providing for cost
44recovery from the Public Service Commission; requiring a
45water management district governing board to conduct water
46supply planning for each region identified in the district
47water supply plan; providing procedures and requirements
48with respect to regional water supply plans; providing for
49joint development of a specified water supply development
50component of a regional water supply plan within the
51boundaries of the Southwest Florida Water Management
52District; providing that approval of a regional water
53supply plan is not subject to the rulemaking requirements
54of the Administrative Procedure Act; requiring the
55department to submit annual reports on the status of
56regional water supply planning in each district; providing
57construction with respect to the water supply development
58component of a regional water supply plan; requiring water
59management districts to present to certain entities the
60relevant portions of a regional water supply plan;
61requiring certain entities to provide written notification
62to water management districts as to the implementation of
63water supply project options; requiring water management
64districts to notify local governments of the need for
65alternative water supply projects; requiring water
66management districts to assist local governments in the
67development and future revision of local government
68comprehensive plan elements or public facilities reports
69related to water resource issues; providing for the
70creation of regional water supply authorities; providing
71purpose of such authorities; specifying considerations
72with respect to the creation of a proposed authority;
73specifying authority of a regional water supply authority;
74providing authority of specified entities to convey title,
75dedicate land, or grant land-use rights to a regional
76water supply authority for specified purposes; providing
77preferential rights of counties and municipalities to
78purchase water from regional water supply authorities;
79providing exemption for specified water supply authorities
80from consideration of certain factors and submissions;
81providing applicability of such exemptions; authorizing
82the West Coast Regional Water Supply Authority and its
83member governments to reconstitute the authority's
84governance and rename the authority under a voluntary
85interlocal agreement; providing compliance requirements
86with respect to the interlocal agreement; providing for
87supersession of conflicting general or special laws;
88providing requirements with respect to annual budgets;
89specifying the annual millage for the authority;
90authorizing the authority to request the governing board
91of the district to levy ad valorem taxes within the
92boundaries of the authority to finance authority
93functions; providing requirements and procedures with
94respect to the collection of such taxes; amending s.
95373.026, F.S.; conforming provisions relating to the
96general powers and duties of the Department of
97Environmental Protection with regard to the state water
98resource plan to changes made by the act; prohibiting the
99deprivation of reasonable and beneficial use of water for
100certain counties; amending ss. 120.52, 163.3167, 163.3177,
101163.3191, 189.404, 189.4155, 189.4156, 367.021, 373.019,
102373.0421, 373.0695, 373.223, 373.2234, 373.229, 373.536,
103373.59, 378.212, 378.404, 403.0891, 403.890, and 682.02,
104F.S.; conforming cross-references; renumbering s. 373.71,
105F.S., relating to the Apalachicola-Chattahoochee-Flint
106River Basin Compact, to clarify retention of the section
107in part VI of ch. 373, F.S.; repealing s. 373.0361, F.S.,
108relating to regional water supply planning; repealing s.
109373.0391, F.S., relating to technical assistance to local
110governments; repealing s. 373.0831, F.S., relating to
111water resource and water supply development; repealing s.
112373.196, F.S., relating to alternative water supply
113development; repealing s. 373.1961, F.S., relating to
114water production and related powers and duties of water
115management districts; repealing s. 373.1962, F.S.,
116relating to regional water supply authorities; repealing
117s. 373.1963, F.S., relating to assistance to the West
118Coast Regional Water Supply Authority; providing an
119effective date.
120
121Be It Enacted by the Legislature of the State of Florida:
122
123     Section 1.  Part VII of chapter 373, Florida Statutes,
124consisting of sections 373.701, 373.703, 373.705, 373.707,
125373.709, 373.711, 373.713, and 373.715, is created to read:
126
PART VII
127
WATER SUPPLY POLICY, PLANNING, PRODUCTION, AND FUNDING
128     373.701  Declaration of policy.--It is declared to be the
129policy of the Legislature:
130     (1)  To promote the availability of sufficient water for
131all existing and future reasonable-beneficial uses and natural
132systems.
133     (2)(a)  Because water constitutes a public resource
134benefiting the entire state, it is the policy of the Legislature
135that the waters in the state be managed on a state and regional
136basis. Consistent with this directive, the Legislature
137recognizes the need to allocate water throughout the state so as
138to meet all reasonable-beneficial uses. However, the Legislature
139acknowledges that such allocations have in the past adversely
140affected the water resources of certain areas in this state. To
141protect such water resources and to meet the current and future
142needs of those areas with abundant water, the Legislature
143directs the department and the water management districts to
144encourage the use of water from sources nearest the area of use
145or application whenever practicable. Such sources shall include
146all naturally occurring water sources and all alternative water
147sources, including, but not limited to, desalination,
148conservation, reuse of nonpotable reclaimed water and
149stormwater, and aquifer storage and recovery. Reuse of potable
150reclaimed water and stormwater shall not be subject to the
151evaluation described in s. 373.223(3)(a)-(g). However, this
152directive to encourage the use of water, whenever practicable,
153from sources nearest the area of use or application shall not
154apply to the transport and direct and indirect use of water
155within the area encompassed by the Central and Southern Florida
156Flood Control Project, nor shall it apply anywhere in the state
157to the transport and use of water supplied exclusively for
158bottled water as defined in s. 500.03(1)(d), nor shall it apply
159to the transport and use of reclaimed water for electrical power
160production by an electric utility as defined in s. 366.02(2).
161     (b)  In establishing the policy outlined in paragraph (a),
162the Legislature realizes that under certain circumstances the
163need to transport water from distant sources may be necessary
164for environmental, technical, or economic reasons.
165     (3)  Cooperative efforts between municipalities, counties,
166water management districts, and the department are mandatory in
167order to meet the water needs of rapidly urbanizing areas in a
168manner that will supply adequate and dependable supplies of
169water where needed without resulting in adverse effects upon the
170areas from which such water is withdrawn. Such efforts should
171use all practical means of obtaining water, including, but not
172limited to, withdrawals of surface water and groundwater, reuse,
173and desalination and will necessitate not only cooperation but
174also well-coordinated activities. Municipalities, counties, and
175special districts are encouraged to create regional water supply
176authorities as authorized in s. 373.713 or multijurisdictional
177water supply entities.
178     (4)  Nothing in this part shall be construed to preclude
179the various municipalities and counties from continuing to
180operate existing water production and transmission facilities or
181to enter into cooperative agreements with other municipalities
182and counties for the purpose of meeting their respective needs
183for dependable and adequate supplies of water; however, the
184obtaining of water through such operations shall not be done in
185a manner that results in adverse effects upon the areas from
186which such water is withdrawn.
187     373.703  Powers and duties.--In the performance of, and in
188conjunction with, its other powers and duties, the governing
189board of a water management district existing pursuant to this
190chapter:
191     (1)  Shall engage in planning to assist counties,
192municipalities, special districts, publicly owned and privately
193owned water utilities, multijurisdictional water supply
194entities, or regional water supply authorities in meeting water
195supply needs in such manner as will give priority to encouraging
196conservation and reducing adverse environmental effects of
197improper or excessive withdrawals of water from concentrated
198areas. As used in this section and s. 373.707, regional water
199supply authorities are regional water authorities created under
200s. 373.713 or other laws of this state.
201     (2)  Shall assist counties, municipalities, special
202districts, publicly owned or privately owned water utilities,
203multijurisdictional water supply entities, or regional water
204supply authorities in meeting water supply needs in such manner
205as will give priority to encouraging conservation and reducing
206adverse environmental effects of improper or excessive
207withdrawals of water from concentrated areas.
208     (3)  May establish, design, construct, operate, and
209maintain water production and transmission facilities for the
210purpose of supplying water to counties, municipalities, special
211districts, publicly owned and privately owned water utilities,
212multijurisdictional water supply entities, or regional water
213supply authorities. The permit required by part II of this
214chapter for a water management district engaged in water
215production and transmission shall be granted, denied, or granted
216with conditions by the department.
217     (4)  Shall not engage in local water supply distribution.
218     (5)  Shall not deprive, directly or indirectly, any county
219wherein water is withdrawn of the prior right to the reasonable
220and beneficial use of water which is required to supply
221adequately the reasonable and beneficial needs of the county or
222any of the inhabitants or property owners therein.
223     (6)  May provide water and financial assistance to regional
224water supply authorities, but may not provide water to counties
225and municipalities which are located within the area of such
226authority without the specific approval of the authority or, in
227the event of the authority's disapproval, the approval of the
228Governor and Cabinet sitting as the Land and Water Adjudicatory
229Commission. The district may supply water at rates and upon
230terms mutually agreed to by the parties or, if they do not
231agree, as set by the governing board and specifically approved
232by the Governor and Cabinet sitting as the Land and Water
233Adjudicatory Commission.
234     (7)  May acquire title to such interest as is necessary in
235real property, by purchase, gift, devise, lease, eminent domain,
236or otherwise, for water production and transmission consistent
237with this section and s. 373.707. However, the district shall
238not use any of the eminent domain powers herein granted to
239acquire water and water rights already devoted to reasonable and
240beneficial use or any water production or transmission
241facilities owned by any county, municipality, or regional water
242supply authority. The district may exercise eminent domain
243powers outside of its district boundaries for the acquisition of
244pumpage facilities, storage areas, transmission facilities, and
245the normal appurtenances thereto, provided that at least 45 days
246prior to the exercise of eminent domain, the district notifies
247the district where the property is located after public notice
248and the district where the property is located does not object
249within 45 days after notification of such exercise of eminent
250domain authority.
251     (8)  In addition to the power to issue revenue bonds
252pursuant to s. 373.584, may issue revenue bonds for the purposes
253of paying the costs and expenses incurred in carrying out the
254purposes of this chapter or refunding obligations of the
255district issued pursuant to this section. Such revenue bonds
256shall be secured by, and be payable from, revenues derived from
257the operation, lease, or use of its water production and
258transmission facilities and other water-related facilities and
259from the sale of water or services relating thereto. Such
260revenue bonds may not be secured by, or be payable from, moneys
261derived by the district from the Water Management Lands Trust
262Fund or from ad valorem taxes received by the district. All
263provisions of s. 373.584 relating to the issuance of revenue
264bonds which are not inconsistent with this section shall apply
265to the issuance of revenue bonds pursuant to this section. The
266district may also issue bond anticipation notes in accordance
267with the provisions of s. 373.584.
268     (9)  May join with one or more other water management
269districts, counties, municipalities, special districts, publicly
270owned or privately owned water utilities, multijurisdictional
271water supply entities, or regional water supply authorities for
272the purpose of carrying out any of its powers, and may contract
273with such other entities to finance acquisitions, construction,
274operation, and maintenance. The contract may provide for
275contributions to be made by each party thereto, for the division
276and apportionment of the expenses of acquisitions, construction,
277operation, and maintenance, and for the division and
278apportionment of the benefits, services, and products therefrom.
279The contracts may contain other covenants and agreements
280necessary and appropriate to accomplish their purposes.
281     373.705  Water resource development; water supply
282development.--
283     (1)  The Legislature finds that:
284     (a)  The proper role of the water management districts in
285water supply is primarily planning and water resource
286development, but this does not preclude them from providing
287assistance with water supply development.
288     (b)  The proper role of local government, regional water
289supply authorities, and government-owned and privately owned
290water utilities in water supply is primarily water supply
291development, but this does not preclude them from providing
292assistance with water resource development.
293     (c)  Water resource development and water supply
294development must receive priority attention, where needed, to
295increase the availability of sufficient water for all existing
296and future reasonable-beneficial uses and natural systems.
297     (2)  It is the intent of the Legislature that:
298     (a)  Sufficient water be available for all existing and
299future reasonable-beneficial uses and the natural systems, and
300that the adverse effects of competition for water supplies be
301avoided.
302     (b)  Water management districts take the lead in
303identifying and implementing water resource development
304projects, and be responsible for securing necessary funding for
305regionally significant water resource development projects.
306     (c)  Local governments, regional water supply authorities,
307and government-owned and privately owned water utilities take
308the lead in securing funds for and implementing water supply
309development projects. Generally, direct beneficiaries of water
310supply development projects should pay the costs of the projects
311from which they benefit, and water supply development projects
312should continue to be paid for through local funding sources.
313     (d)  Water supply development be conducted in coordination
314with water management district regional water supply planning
315and water resource development.
316     (3)  The water management districts shall fund and
317implement water resource development as defined in s. 373.019.
318The water management districts are encouraged to implement water
319resource development as expeditiously as possible in areas
320subject to regional water supply plans. Each governing board
321shall include in its annual budget the amount needed for the
322fiscal year to implement water resource development projects, as
323prioritized in its regional water supply plans.
324     (4)(a)  Water supply development projects which are
325consistent with the relevant regional water supply plans and
326which meet one or more of the following criteria shall receive
327priority consideration for state or water management district
328funding assistance:
329     1.  The project supports establishment of a dependable,
330sustainable supply of water which is not otherwise financially
331feasible;
332     2.  The project provides substantial environmental benefits
333by preventing or limiting adverse water resource impacts, but
334requires funding assistance to be economically competitive with
335other options; or
336     3.  The project significantly implements reuse, storage,
337recharge, or conservation of water in a manner that contributes
338to the sustainability of regional water sources.
339     (b)  Water supply development projects that meet the
340criteria in paragraph (a) and that meet one or more of the
341following additional criteria shall be given first consideration
342for state or water management district funding assistance:
343     1.  The project brings about replacement of existing
344sources in order to help implement a minimum flow or level; or
345     2.  The project implements reuse that assists in the
346elimination of domestic wastewater ocean outfalls as provided in
347s. 403.086(9).
348     373.707  Alternative water supply development.--
349     (1)  The purpose of this section is to encourage
350cooperation in the development of water supplies and to provide
351for alternative water supply development.
352     (a)  Demands on natural supplies of fresh water to meet the
353needs of a rapidly growing population and the needs of the
354environment, agriculture, industry, and mining will continue to
355increase.
356     (b)  There is a need for the development of alternative
357water supplies for Florida to sustain its economic growth,
358economic viability, and natural resources.
359     (c)  Cooperative efforts between municipalities, counties,
360special districts, water management districts, and the
361Department of Environmental Protection are mandatory in order to
362meet the water needs of rapidly urbanizing areas in a manner
363that will supply adequate and dependable supplies of water where
364needed without resulting in adverse effects upon the areas from
365which such water is withdrawn. Such efforts should use all
366practical means of obtaining water, including, but not limited
367to, withdrawals of surface water and groundwater, reuse, and
368desalinization, and will necessitate not only cooperation but
369also well-coordinated activities. Municipalities, counties, and
370special districts are encouraged to create regional water supply
371authorities as authorized in s. 373.713 or multijurisdictional
372water supply entities.
373     (d)  Alternative water supply development must receive
374priority funding attention to increase the available supplies of
375water to meet all existing and future reasonable-beneficial uses
376and to benefit the natural systems.
377     (e)  Cooperation between counties, municipalities, regional
378water supply authorities, multijurisdictional water supply
379entities, special districts, and publicly owned and privately
380owned water utilities in the development of countywide and
381multicountywide alternative water supply projects will allow for
382necessary economies of scale and efficiencies to be achieved in
383order to accelerate the development of new, dependable, and
384sustainable alternative water supplies.
385     (f)  It is in the public interest that county, municipal,
386industrial, agricultural, and other public and private water
387users, the Department of Environmental Protection, and the water
388management districts cooperate and work together in the
389development of alternative water supplies to avoid the adverse
390effects of competition for limited supplies of water. Public
391moneys or services provided to private entities for alternative
392water supply development may constitute public purposes that
393also are in the public interest.
394     (2)(a)  Sufficient water must be available for all existing
395and future reasonable-beneficial uses and the natural systems,
396and the adverse effects of competition for water supplies must
397be avoided.
398     (b)  Water supply development and alternative water supply
399development must be conducted in coordination with water
400management district regional water supply planning.
401     (c)  Funding for the development of alternative water
402supplies shall be a shared responsibility of water suppliers and
403users, the State of Florida, and the water management districts,
404with water suppliers and users having the primary responsibility
405and the State of Florida and the water management districts
406being responsible for providing funding assistance.
407     (3)  The primary roles of the water management districts in
408water resource development as it relates to supporting
409alternative water supply development are:
410     (a)  The formulation and implementation of regional water
411resource management strategies that support alternative water
412supply development;
413     (b)  The collection and evaluation of surface water and
414groundwater data to be used for a planning level assessment of
415the feasibility of alternative water supply development
416projects;
417     (c)  The construction, operation, and maintenance of major
418public works facilities for flood control, surface and
419underground water storage, and groundwater recharge augmentation
420to support alternative water supply development;
421     (d)  Planning for alternative water supply development as
422provided in regional water supply plans in coordination with
423local governments, regional water supply authorities,
424multijurisdictional water supply entities, special districts,
425and publicly owned and privately owned water utilities and self-
426suppliers;
427     (e)  The formulation and implementation of structural and
428nonstructural programs to protect and manage water resources in
429support of alternative water supply projects; and
430     (f)  The provision of technical and financial assistance to
431local governments and publicly owned and privately owned water
432utilities for alternative water supply projects.
433     (4)  The primary roles of local government, regional water
434supply authorities, multijurisdictional water supply entities,
435special districts, and publicly owned and privately owned water
436utilities in alternative water supply development shall be:
437     (a)  The planning, design, construction, operation, and
438maintenance of alternative water supply development projects;
439     (b)  The formulation and implementation of alternative
440water supply development strategies and programs;
441     (c)  The planning, design, construction, operation, and
442maintenance of facilities to collect, divert, produce, treat,
443transmit, and distribute water for sale, resale, or end use; and
444     (d)  The coordination of alternative water supply
445development activities with the appropriate water management
446district having jurisdiction over the activity.
447     (5)  Nothing in this section shall be construed to preclude
448the various special districts, municipalities, and counties from
449continuing to operate existing water production and transmission
450facilities or to enter into cooperative agreements with other
451special districts, municipalities, and counties for the purpose
452of meeting their respective needs for dependable and adequate
453supplies of water; however, the obtaining of water through such
454operations shall not be done in a manner that results in adverse
455effects upon the areas from which such water is withdrawn.
456     (6)(a)  The statewide funds provided pursuant to the Water
457Protection and Sustainability Program serve to supplement
458existing water management district or basin board funding for
459alternative water supply development assistance and should not
460result in a reduction of such funding. Therefore, the water
461management districts shall include in the annual tentative and
462adopted budget submittals required under this chapter the amount
463of funds allocated for water resource development that supports
464alternative water supply development and the funds allocated for
465alternative water supply projects selected for inclusion in the
466Water Protection and Sustainability Program. It shall be the
467goal of each water management district and basin boards that the
468combined funds allocated annually for these purposes be, at a
469minimum, the equivalent of 100 percent of the state funding
470provided to the water management district for alternative water
471supply development. If this goal is not achieved, the water
472management district shall provide in the budget submittal an
473explanation of the reasons or constraints that prevent this goal
474from being met, an explanation of how the goal will be met in
475future years, and affirmation of match is required during the
476budget review process as established under s. 373.536(5). The
477Suwannee River Water Management District and the Northwest
478Florida Water Management District shall not be required to meet
479the match requirements of this paragraph; however, they shall
480try to achieve the match requirement to the greatest extent
481practicable.
482     (b)  State funds from the Water Protection and
483Sustainability Program created in s. 403.890 shall be made
484available for financial assistance for the project construction
485costs of alternative water supply development projects selected
486by a water management district governing board for inclusion in
487the program.
488     (7)  The water management district shall implement its
489responsibilities as expeditiously as possible in areas subject
490to regional water supply plans. Each district's governing board
491shall include in its annual budget the amount needed for the
492fiscal year to assist in implementing alternative water supply
493development projects.
494     (8)(a)  The water management districts and the state shall
495share a percentage of revenues with water providers and users,
496including local governments, water, wastewater, and reuse
497utilities, municipal, special district, industrial, and
498agricultural water users, and other public and private water
499users, to be used to supplement other funding sources in the
500development of alternative water supplies.
501     (b)  Beginning in fiscal year 2005-2006, the state shall
502annually provide a portion of those revenues deposited into the
503Water Protection and Sustainability Program Trust Fund for the
504purpose of providing funding assistance for the development of
505alternative water supplies pursuant to the Water Protection and
506Sustainability Program. At the beginning of each fiscal year,
507beginning with fiscal year 2005-2006, such revenues shall be
508distributed by the department into the alternative water supply
509trust fund accounts created by each district for the purpose of
510alternative water supply development under the following funding
511formula:
512     1.  Thirty percent to the South Florida Water Management
513District;
514     2.  Twenty-five percent to the Southwest Florida Water
515Management District;
516     3.  Twenty-five percent to the St. Johns River Water
517Management District;
518     4.  Ten percent to the Suwannee River Water Management
519District; and
520     5.  Ten percent to the Northwest Florida Water Management
521District.
522     (c)  The financial assistance for alternative water supply
523projects allocated in each district's budget as required in
524subsection (6) shall be combined with the state funds and used
525to assist in funding the project construction costs of
526alternative water supply projects selected by the governing
527board. If the district has not completed any regional water
528supply plan, or the regional water supply plan does not identify
529the need for any alternative water supply projects, funds
530deposited in that district's trust fund may be used for water
531resource development projects, including, but not limited to,
532springs protection.
533     (d)  All projects submitted to the governing board for
534consideration shall reflect the total capital cost for
535implementation. The costs shall be segregated pursuant to the
536categories described in the definition of capital costs.
537     (e)  Applicants for projects that may receive funding
538assistance pursuant to the Water Protection and Sustainability
539Program shall, at a minimum, be required to pay 60 percent of
540the project's construction costs. The water management districts
541may, at their discretion, totally or partially waive this
542requirement for projects sponsored by financially disadvantaged
543small local governments as defined in former s. 403.885(5). The
544water management districts or basin boards may, at their
545discretion, use ad valorem or federal revenues to assist a
546project applicant in meeting the requirements of this paragraph.
547     (f)  The governing boards shall determine those projects
548that will be selected for financial assistance. The governing
549boards may establish factors to determine project funding;
550however, significant weight shall be given to the following
551factors:
552     1.  Whether the project provides substantial environmental
553benefits by preventing or limiting adverse water resource
554impacts.
555     2.  Whether the project reduces competition for water
556supplies.
557     3.  Whether the project brings about replacement of
558traditional sources in order to help implement a minimum flow or
559level or a reservation.
560     4.  Whether the project will be implemented by a
561consumptive use permittee that has achieved the targets
562contained in a goal-based water conservation program approved
563pursuant to s. 373.227.
564     5.  The quantity of water supplied by the project as
565compared to its cost.
566     6.  Projects in which the construction and delivery to end
567users of reuse water is a major component.
568     7.  Whether the project will be implemented by a
569multijurisdictional water supply entity or regional water supply
570authority.
571     8.  Whether the project implements reuse that assists in
572the elimination of domestic wastewater ocean outfalls as
573provided in s. 403.086(9).
574     (g)  Additional factors to be considered in determining
575project funding shall include:
576     1.  Whether the project is part of a plan to implement two
577or more alternative water supply projects, all of which will be
578operated to produce water at a uniform rate for the participants
579in a multijurisdictional water supply entity or regional water
580supply authority.
581     2.  The percentage of project costs to be funded by the
582water supplier or water user.
583     3.  Whether the project proposal includes sufficient
584preliminary planning and engineering to demonstrate that the
585project can reasonably be implemented within the timeframes
586provided in the regional water supply plan.
587     4.  Whether the project is a subsequent phase of an
588alternative water supply project that is underway.
589     5.  Whether and in what percentage a local government or
590local government utility is transferring water supply system
591revenues to the local government general fund in excess of
592reimbursements for services received from the general fund,
593including direct and indirect costs and legitimate payments in
594lieu of taxes.
595     (h)  After conducting one or more meetings to solicit
596public input on eligible projects, including input from those
597entities identified pursuant to s. 373.709(2)(a)3.d. for
598implementation of alternative water supply projects, the
599governing board of each water management district shall select
600projects for funding assistance based upon the criteria set
601forth in paragraphs (f) and (g). The governing board may select
602a project identified or listed as an alternative water supply
603development project in the regional water supply plan, or
604allocate up to 20 percent of the funding for alternative water
605supply projects that are not identified or listed in the
606regional water supply plan but are consistent with the goals of
607the plan.
608     (i)  Without diminishing amounts available through other
609means described in this paragraph, the governing boards are
610encouraged to consider establishing revolving loan funds to
611expand the total funds available to accomplish the objectives of
612this section. A revolving loan fund created under this paragraph
613must be a nonlapsing fund from which the water management
614district may make loans with interest rates below prevailing
615market rates to public or private entities for the purposes
616described in this section. The governing board may adopt
617resolutions to establish revolving loan funds which must specify
618the details of the administration of the fund, the procedures
619for applying for loans from the fund, the criteria for awarding
620loans from the fund, the initial capitalization of the fund, and
621the goals for future capitalization of the fund in subsequent
622budget years. Revolving loan funds created under this paragraph
623must be used to expand the total sums and sources of cooperative
624funding available for the development of alternative water
625supplies. The Legislature does not intend for the creation of
626revolving loan funds to supplant or otherwise reduce existing
627sources or amounts of funds currently available through other
628means.
629     (j)  For each utility that receives financial assistance
630from the state or a water management district for an alternative
631water supply project, the water management district shall
632require the appropriate rate-setting authority to develop rate
633structures for water customers in the service area of the funded
634utility that will:
635     1.  Promote the conservation of water; and
636     2.  Promote the use of water from alternative water
637supplies.
638     (k)  The governing boards shall establish a process for the
639disbursal of revenues pursuant to this subsection.
640     (l)  All revenues made available pursuant to this
641subsection must be encumbered annually by the governing board
642when it approves projects sufficient to expend the available
643revenues.
644     (m)  This subsection is not subject to the rulemaking
645requirements of chapter 120.
646     (n)  By March 1 of each year, as part of the consolidated
647annual report required by s. 373.036(7), each water management
648district shall submit a report on the disbursal of all budgeted
649amounts pursuant to this section. Such report shall describe all
650alternative water supply projects funded as well as the quantity
651of new water to be created as a result of such projects and
652shall account separately for any other moneys provided through
653grants, matching grants, revolving loans, and the use of
654district lands or facilities to implement regional water supply
655plans.
656     (o)  The Florida Public Service Commission shall allow
657entities under its jurisdiction constructing or participating in
658constructing facilities that provide alternative water supplies
659to recover their full, prudently incurred cost of constructing
660such facilities through their rate structure. If construction of
661a facility or participation in construction is pursuant to or in
662furtherance of a regional water supply plan, the cost shall be
663deemed to be prudently incurred. Every component of an
664alternative water supply facility constructed by an investor-
665owned utility shall be recovered in current rates. Any state or
666water management district cost-share is not subject to the
667recovery provisions allowed in this paragraph.
668     (9)  Funding assistance provided by the water management
669districts for a water reuse system may include the following
670conditions for that project if a water management district
671determines that such conditions will encourage water use
672efficiency:
673     (a)  Metering of reclaimed water use for residential
674irrigation, agricultural irrigation, industrial uses, except for
675electric utilities as defined in s. 366.02(2), landscape
676irrigation, golf course irrigation, irrigation of other public
677access areas, commercial and institutional uses such as toilet
678flushing, and transfers to other reclaimed water utilities;
679     (b)  Implementation of reclaimed water rate structures
680based on actual use of reclaimed water for the reuse activities
681listed in paragraph (a);
682     (c)  Implementation of education programs to inform the
683public about water issues, water conservation, and the
684importance and proper use of reclaimed water; or
685     (d)  Development of location data for key reuse facilities.
686     373.709  Regional water supply planning.--
687     (1)  The governing board of each water management district
688shall conduct water supply planning for any water supply
689planning region within the district identified in the
690appropriate district water supply plan under s. 373.036, where
691it determines that existing sources of water are not adequate to
692supply water for all existing and future reasonable-beneficial
693uses and to sustain the water resources and related natural
694systems for the planning period. The planning must be conducted
695in an open public process, in coordination and cooperation with
696local governments, regional water supply authorities,
697government-owned and privately owned water utilities,
698multijurisdictional water supply entities, self-suppliers, and
699other affected and interested parties. The districts shall
700actively engage in public education and outreach to all affected
701local entities and their officials, as well as members of the
702public, in the planning process and in seeking input. During
703preparation, but prior to completion of the regional water
704supply plan, the district must conduct at least one public
705workshop to discuss the technical data and modeling tools
706anticipated to be used to support the regional water supply
707plan. The district shall also hold several public meetings to
708communicate the status, overall conceptual intent, and impacts
709of the plan on existing and future reasonable-beneficial uses
710and related natural systems. During the planning process, a
711local government may choose to prepare its own water supply
712assessment to determine if existing water sources are adequate
713to meet existing and projected reasonable-beneficial needs of
714the local government while sustaining water resources and
715related natural systems. The local government shall submit such
716assessment, including the data and methodology used, to the
717district. The district shall consider the local government's
718assessment during the formation of the plan. A determination by
719the governing board that initiation of a regional water supply
720plan for a specific planning region is not needed pursuant to
721this section shall be subject to s. 120.569. The governing board
722shall reevaluate such a determination at least once every 5
723years and shall initiate a regional water supply plan, if
724needed, pursuant to this subsection.
725     (2)  Each regional water supply plan shall be based on at
726least a 20-year planning period and shall include, but need not
727be limited to:
728     (a)  A water supply development component for each water
729supply planning region identified by the district which
730includes:
731     1.  A quantification of the water supply needs for all
732existing and future reasonable-beneficial uses within the
733planning horizon. The level-of-certainty planning goal
734associated with identifying the water supply needs of existing
735and future reasonable-beneficial uses shall be based upon
736meeting those needs for a 1-in-10-year drought event. Population
737projections used for determining public water supply needs must
738be based upon the best available data. In determining the best
739available data, the district shall consider the University of
740Florida's Bureau of Economic and Business Research (BEBR) medium
741population projections and any population projection data and
742analysis submitted by a local government pursuant to the public
743workshop described in subsection (1) if the data and analysis
744support the local government's comprehensive plan. Any
745adjustment of or deviation from the BEBR projections must be
746fully described, and the original BEBR data must be presented
747along with the adjusted data.
748     2.  A list of water supply development project options,
749including traditional and alternative water supply project
750options, from which local government, government-owned and
751privately owned utilities, regional water supply authorities,
752multijurisdictional water supply entities, self-suppliers, and
753others may choose for water supply development. In addition to
754projects listed by the district, such users may propose specific
755projects for inclusion in the list of alternative water supply
756projects. If such users propose a project to be listed as an
757alternative water supply project, the district shall determine
758whether it meets the goals of the plan, and, if so, it shall be
759included in the list. The total capacity of the projects
760included in the plan shall exceed the needs identified in
761subparagraph 1. and shall take into account water conservation
762and other demand management measures, as well as water resources
763constraints, including adopted minimum flows and levels and
764water reservations. Where the district determines it is
765appropriate, the plan should specifically identify the need for
766multijurisdictional approaches to project options that, based on
767planning level analysis, are appropriate to supply the intended
768uses and that, based on such analysis, appear to be permittable
769and financially and technically feasible. The list of water
770supply development options must contain provisions that
771recognize that alternative water supply options for agricultural
772self-suppliers are limited.
773     3.  For each project option identified in subparagraph 2.,
774the following shall be provided:
775     a.  An estimate of the amount of water to become available
776through the project.
777     b.  The timeframe in which the project option should be
778implemented and the estimated planning-level costs for capital
779investment and operating and maintaining the project.
780     c.  An analysis of funding needs and sources of possible
781funding options. For alternative water supply projects the water
782management districts shall provide funding assistance in
783accordance with s. 373.707(8).
784     d.  Identification of the entity that should implement each
785project option and the current status of project implementation.
786     (b)  A water resource development component that includes:
787     1.  A listing of those water resource development projects
788that support water supply development.
789     2.  For each water resource development project listed:
790     a.  An estimate of the amount of water to become available
791through the project.
792     b.  The timeframe in which the project option should be
793implemented and the estimated planning-level costs for capital
794investment and for operating and maintaining the project.
795     c.  An analysis of funding needs and sources of possible
796funding options.
797     d.  Identification of the entity that should implement each
798project option and the current status of project implementation.
799     (c)  The recovery and prevention strategy described in s.
800373.0421(2).
801     (d)  A funding strategy for water resource development
802projects, which shall be reasonable and sufficient to pay the
803cost of constructing or implementing all of the listed projects.
804     (e)  Consideration of how the project options addressed in
805paragraph (a) serve the public interest or save costs overall by
806preventing the loss of natural resources or avoiding greater
807future expenditures for water resource development or water
808supply development. However, unless adopted by rule, these
809considerations do not constitute final agency action.
810     (f)  The technical data and information applicable to each
811planning region which are necessary to support the regional
812water supply plan.
813     (g)  The minimum flows and levels established for water
814resources within each planning region.
815     (h)  Reservations of water adopted by rule pursuant to s.
816373.223(4) within each planning region.
817     (i)  Identification of surface waters or aquifers for which
818minimum flows and levels are scheduled to be adopted.
819     (j)  An analysis, developed in cooperation with the
820department, of areas or instances in which the variance
821provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to
822create water supply development or water resource development
823projects.
824     (3)  The water supply development component of a regional
825water supply plan which deals with or affects public utilities
826and public water supply for those areas served by a regional
827water supply authority and its member governments within the
828boundary of the Southwest Florida Water Management District
829shall be developed jointly by the authority and the district. In
830areas not served by regional water supply authorities, or other
831multijurisdictional water supply entities, and where
832opportunities exist to meet water supply needs more efficiently
833through multijurisdictional projects identified pursuant to
834paragraph (2)(a), water management districts are directed to
835assist in developing multijurisdictional approaches to water
836supply project development jointly with affected water
837utilities, special districts, and local governments.
838     (4)  The South Florida Water Management District shall
839include in its regional water supply plan water resource and
840water supply development projects that promote the elimination
841of wastewater ocean outfalls as provided in s. 403.086(9).
842     (5)  Governing board approval of a regional water supply
843plan shall not be subject to the rulemaking requirements of
844chapter 120. However, any portion of an approved regional water
845supply plan which affects the substantial interests of a party
846shall be subject to s. 120.569.
847     (6)  Annually and in conjunction with the reporting
848requirements of s. 373.536(6)(a)4., the department shall submit
849to the Governor and the Legislature a report on the status of
850regional water supply planning in each district. The report
851shall include:
852     (a)  A compilation of the estimated costs of and potential
853sources of funding for water resource development and water
854supply development projects as identified in the water
855management district regional water supply plans.
856     (b)  The percentage and amount, by district, of district ad
857valorem tax revenues or other district funds made available to
858develop alternative water supplies.
859     (c)  A description of each district's progress toward
860achieving its water resource development objectives, including
861the district's implementation of its 5-year water resource
862development work program.
863     (d)  An assessment of the specific progress being made to
864implement each alternative water supply project option chosen by
865the entities and identified for implementation in the plan.
866     (e)  An overall assessment of the progress being made to
867develop water supply in each district, including, but not
868limited to, an explanation of how each project, either
869alternative or traditional, will produce, contribute to, or
870account for additional water being made available for
871consumptive uses, an estimate of the quantity of water to be
872produced by each project, and an assessment of the contribution
873of the district's regional water supply plan in providing
874sufficient water to meet the needs of existing and future
875reasonable-beneficial uses for a 1-in-10 year drought event, as
876well as the needs of the natural systems.
877     (7)  Nothing contained in the water supply development
878component of a regional water supply plan shall be construed to
879require local governments, government-owned or privately owned
880water utilities, special districts, self-suppliers, regional
881water supply authorities, multijurisdictional water supply
882entities, or other water suppliers to select a water supply
883development project identified in the component merely because
884it is identified in the plan. Except as provided in s.
885373.223(3) and (5), the plan may not be used in the review of
886permits under part II of this chapter unless the plan or an
887applicable portion thereof has been adopted by rule. However,
888this subsection does not prohibit a water management district
889from employing the data or other information used to establish
890the plan in reviewing permits under part II, nor does it limit
891the authority of the department or governing board under part
892II.
893     (8)  Where the water supply component of a water supply
894planning region shows the need for one or more alternative water
895supply projects, the district shall notify the affected local
896governments and make every reasonable effort to educate and
897involve local public officials in working toward solutions in
898conjunction with the districts and, where appropriate, other
899local and regional water supply entities.
900     (a)  Within 6 months following approval or amendment of its
901regional water supply plan, each water management district shall
902notify by certified mail each entity identified in sub-
903subparagraph (2)(a)3.d. of that portion of the plan relevant to
904the entity. Upon request of such an entity, the water management
905district shall appear before and present its findings and
906recommendations to the entity.
907     (b)  Within 1 year after the notification by a water
908management district pursuant to paragraph (a), each entity
909identified in sub-subparagraph (2)(a)3.d. shall provide to the
910water management district written notification of the following:
911the alternative water supply projects or options identified in
912paragraph (2)(a) which it has developed or intends to develop,
913if any; an estimate of the quantity of water to be produced by
914each project; and the status of project implementation,
915including development of the financial plan, facilities master
916planning, permitting, and efforts in coordinating
917multijurisdictional projects, if applicable. The information
918provided in the notification shall be updated annually, and a
919progress report shall be provided by November 15 of each year to
920the water management district. If an entity does not intend to
921develop one or more of the alternative water supply project
922options identified in the regional water supply plan, the entity
923shall propose, within 1 year after notification by a water
924management district pursuant to paragraph (a), another
925alternative water supply project option sufficient to address
926the needs identified in paragraph (2)(a) within the entity's
927jurisdiction and shall provide an estimate of the quantity of
928water to be produced by the project and the status of project
929implementation as described in this paragraph. The entity may
930request that the water management district consider the other
931project for inclusion in the regional water supply plan.
932     (9)  For any regional water supply plan that is scheduled
933to be updated before December 31, 2005, the deadline for such
934update shall be extended by 1 year.
935     373.711  Technical assistance to local governments.--
936     (1)  The water management districts shall assist local
937governments in the development and future revision of local
938government comprehensive plan elements or public facilities
939report as required by s. 189.415, related to water resource
940issues.
941     (2)  By July 1, 1991, each water management district shall
942prepare and provide information and data to assist local
943governments in the preparation and implementation of their local
944government comprehensive plans or public facilities report as
945required by s. 189.415, whichever is applicable. Such
946information and data shall include, but not be limited to:
947     (a)  All information and data required in a public
948facilities report pursuant to s. 189.415.
949     (b)  A description of regulations, programs, and schedules
950implemented by the district.
951     (c)  Identification of regulations, programs, and schedules
952undertaken or proposed by the district to further the State
953Comprehensive Plan.
954     (d)  A description of surface water basins, including
955regulatory jurisdictions, flood-prone areas, existing and
956projected water quality in water management district operated
957facilities, as well as surface water runoff characteristics and
958topography regarding flood plains, wetlands, and recharge areas.
959     (e)  A description of groundwater characteristics,
960including existing and planned wellfield sites, existing and
961anticipated cones of influence, highly productive groundwater
962areas, aquifer recharge areas, deep well injection zones,
963contaminated areas, an assessment of regional water resource
964needs and sources for the next 20 years, and water quality.
965     (f)  The identification of existing and potential water
966management district land acquisitions.
967     (g)  Information reflecting the minimum flows for surface
968watercourses to avoid harm to water resources or the ecosystem
969and information reflecting the minimum water levels for aquifers
970to avoid harm to water resources or the ecosystem.
971     373.713  Regional water supply authorities.--
972     (1)  By interlocal agreement between counties,
973municipalities, or special districts, as applicable, pursuant to
974the Florida Interlocal Cooperation Act of 1969, s. 163.01, and
975upon the approval of the Secretary of Environmental Protection
976to ensure that such agreement will be in the public interest and
977complies with the intent and purposes of this act, regional
978water supply authorities may be created for the purpose of
979developing, recovering, storing, and supplying water for county
980or municipal purposes in such a manner as will give priority to
981reducing adverse environmental effects of excessive or improper
982withdrawals of water from concentrated areas. In approving said
983agreement the Secretary of Environmental Protection shall
984consider, but not be limited to, the following:
985     (a)  Whether the geographic territory of the proposed
986authority is of sufficient size and character to reduce the
987environmental effects of improper or excessive withdrawals of
988water from concentrated areas.
989     (b)  The maximization of economic development of the water
990resources within the territory of the proposed authority.
991     (c)  The availability of a dependable and adequate water
992supply.
993     (d)  The ability of any proposed authority to design,
994construct, operate, and maintain water supply facilities in the
995locations, and at the times necessary, to ensure that an
996adequate water supply will be available to all citizens within
997the authority.
998     (e)  The effect or impact of any proposed authority on any
999municipality, county, or existing authority or authorities.
1000     (f)  The existing needs of the water users within the area
1001of the authority.
1002     (2)  In addition to other powers and duties agreed upon,
1003and notwithstanding the provisions of s. 163.01, such authority
1004may:
1005     (a)  Upon approval of the electors residing in each county
1006or municipality within the territory to be included in any
1007authority, levy ad valorem taxes, not to exceed 0.5 mill,
1008pursuant to s. 9(b), Art. VII of the State Constitution. No tax
1009authorized by this paragraph shall be levied in any county or
1010municipality without an affirmative vote of the electors
1011residing in such county or municipality.
1012     (b)  Acquire water and water rights; develop, store, and
1013transport water; provide, sell, and deliver water for county or
1014municipal uses and purposes; and provide for the furnishing of
1015such water and water service upon terms and conditions and at
1016rates which will apportion to parties and nonparties an
1017equitable share of the capital cost and operating expense of the
1018authority's work to the purchaser.
1019     (c)  Collect, treat, and recover wastewater.
1020     (d)  Not engage in local distribution.
1021     (e)  Exercise the power of eminent domain in the manner
1022provided by law for the condemnation of private property for
1023public use to acquire title to such interest in real property as
1024is necessary to the exercise of the powers herein granted,
1025except water and water rights already devoted to reasonable and
1026beneficial use or any water production or transmission
1027facilities owned by any county or municipality.
1028     (f)  Issue revenue bonds in the manner prescribed by the
1029Revenue Bond Act of 1953, as amended, part I, chapter 159, to be
1030payable solely from funds derived from the sale of water by the
1031authority to any county or municipality. Such bonds may be
1032additionally secured by the full faith and credit of any county
1033or municipality, as provided by s. 159.16 or by a pledge of
1034excise taxes, as provided by s. 159.19. For the purpose of
1035issuing revenue bonds, an authority shall be considered a "unit"
1036as defined in s. 159.02(2) and as that term is used in the
1037Revenue Bond Act of 1953, as amended. Such bonds may be issued
1038to finance the cost of acquiring properties and facilities for
1039the production and transmission of water by the authority to any
1040county or municipality, which cost shall include the acquisition
1041of real property and easements therein for such purposes. Such
1042bonds may be in the form of refunding bonds to take up any
1043outstanding bonds of the authority or of any county or
1044municipality where such outstanding bonds are secured by
1045properties and facilities for production and transmission of
1046water, which properties and facilities are being acquired by the
1047authority. Refunding bonds may be issued to take up and refund
1048all outstanding bonds of said authority that are subject to call
1049and termination, and all bonds of said authority that are not
1050subject to call or redemption, when the surrender of said bonds
1051can be procured from the holder thereof at prices satisfactory
1052to the authority. Such refunding bonds may be issued at any time
1053when, in the judgment of the authority, it will be to the best
1054interest of the authority financially or economically by
1055securing a lower rate of interest on said bonds or by extending
1056the time of maturity of said bonds or, for any other reason, in
1057the judgment of the authority, advantageous to said authority.
1058     (g)  Sue and be sued in its own name.
1059     (h)  Borrow money and incur indebtedness and issue bonds or
1060other evidence of such indebtedness.
1061     (i)  Join with one or more other public corporations for
1062the purpose of carrying out any of its powers and for that
1063purpose to contract with such other public corporation or
1064corporations for the purpose of financing such acquisitions,
1065construction, and operations. Such contracts may provide for
1066contributions to be made by each party thereto, for the division
1067and apportionment of the expenses of such acquisitions and
1068operations, and for the division and apportionment of the
1069benefits, services, and products therefrom. Such contract may
1070contain such other and further covenants and agreements as may
1071be necessary and convenient to accomplish the purposes hereof.
1072     (3)  A regional water supply authority is authorized to
1073develop, construct, operate, maintain, or contract for
1074alternative sources of potable water, including desalinated
1075water, and pipelines to interconnect authority sources and
1076facilities, either by itself or jointly with a water management
1077district; however, such alternative potable water sources,
1078facilities, and pipelines may also be privately developed,
1079constructed, owned, operated, and maintained, in which event an
1080authority and a water management district are authorized to
1081pledge and contribute their funds to reduce the wholesale cost
1082of water from such alternative sources of potable water supplied
1083by an authority to its member governments.
1084     (4)  When it is found to be in the public interest, for the
1085public convenience and welfare, for a public benefit, and
1086necessary for carrying out the purpose of any regional water
1087supply authority, any state agency, county, water control
1088district existing pursuant to chapter 298, water management
1089district existing pursuant to this chapter, municipality,
1090governmental agency, or public corporation in this state holding
1091title to any interest in land is hereby authorized, in its
1092discretion, to convey the title to or dedicate land, title to
1093which is in such entity, including tax-reverted land, or to
1094grant use-rights therein, to any regional water supply authority
1095created pursuant to this section. Land granted or conveyed to
1096such authority shall be for the public purposes of such
1097authority and may be made subject to the condition that in the
1098event said land is not so used, or if used and subsequently its
1099use for said purpose is abandoned, the interest granted shall
1100cease as to such authority and shall automatically revert to the
1101granting entity.
1102     (5)  Each county, special district, or municipality that is
1103a party to an agreement pursuant to subsection (1) shall have a
1104preferential right to purchase water from the regional water
1105supply authority for use by such county, special district, or
1106municipality.
1107     (6)  In carrying out the provisions of this section, any
1108county wherein water is withdrawn by the authority shall not be
1109deprived, directly or indirectly, of the prior right to the
1110reasonable and beneficial use of water which is required
1111adequately to supply the reasonable and beneficial needs of the
1112county or any of the inhabitants or property owners therein.
1113     (7)  Upon a resolution adopted by the governing body of any
1114county or municipality, the authority may, subject to a majority
1115vote of its voting members, include such county or municipality
1116in its regional water supply authority upon such terms and
1117conditions as may be prescribed.
1118     (8)  The authority shall design, construct, operate, and
1119maintain facilities in the locations and at the times necessary
1120to ensure that an adequate water supply will be available to all
1121citizens within the authority.
1122     (9)  Where a water supply authority exists pursuant to this
1123section or s. 373.715 under a voluntary interlocal agreement
1124that is consistent with requirements in s. 373.715(1)(b) and
1125receives or maintains consumptive use permits under this
1126voluntary agreement consistent with the water supply plan, if
1127any, adopted by the governing board, such authority shall be
1128exempt from consideration by the governing board or department
1129of the factors specified in s. 373.223(3)(a)-(g) and the
1130submissions required by s. 373.229(3). Such exemptions shall
1131apply only to water sources within the jurisdictional areas of
1132such voluntary water supply interlocal agreements.
1133     373.715  Assistance to West Coast Regional Water Supply
1134Authority.---
1135     (1)  It is the intent of the Legislature to authorize the
1136implementation of changes in governance recommended by the West
1137Coast Regional Water Supply Authority in its reports to the
1138Legislature dated February 1, 1997, and January 5, 1998. The
1139authority and its member governments may reconstitute the
1140authority's governance and rename the authority under a
1141voluntary interlocal agreement with a term of not less than 20
1142years. The interlocal agreement must comply with this subsection
1143as follows:
1144     (a)  The authority and its member governments agree that
1145cooperative efforts are mandatory to meet their water needs in a
1146manner that will provide adequate and dependable supplies of
1147water where needed without resulting in adverse environmental
1148effects upon the areas from which the water is withdrawn or
1149otherwise produced.
1150     (b)  In accordance with s. 4, Art. VIII of the State
1151Constitution and notwithstanding s. 163.01, the interlocal
1152agreement may include the following terms, which are considered
1153approved by the parties without a vote of their electors, upon
1154execution of the interlocal agreement by all member governments
1155and upon satisfaction of all conditions precedent in the
1156interlocal agreement:
1157     1.  All member governments shall relinquish to the
1158authority their individual rights to develop potable water
1159supply sources, except as otherwise provided in the interlocal
1160agreement;
1161     2.  The authority shall be the sole and exclusive wholesale
1162potable water supplier for all member governments; and
1163     3.  The authority shall have the absolute and unequivocal
1164obligation to meet the wholesale needs of the member governments
1165for potable water.
1166     4.  A member government may not restrict or prohibit the
1167use of land within a member's jurisdictional boundaries by the
1168authority for water supply purposes through use of zoning, land
1169use, comprehensive planning, or other form of regulation.
1170     5.  A member government may not impose any tax, fee, or
1171charge upon the authority in conjunction with the production or
1172supply of water not otherwise provided for in the interlocal
1173agreement.
1174     6.  The authority may use the powers provided in part II of
1175chapter 159 for financing and refinancing water treatment,
1176production, or transmission facilities, including, but not
1177limited to, desalinization facilities. All such water treatment,
1178production, or transmission facilities are considered a
1179"manufacturing plant" for purposes of s. 159.27(5) and serve a
1180paramount public purpose by providing water to citizens of the
1181state.
1182     7.  A member government and any governmental or quasi-
1183judicial board or commission established by local ordinance or
1184general or special law where the governing membership of such
1185board or commission is shared, in whole or in part, or appointed
1186by a member government agreeing to be bound by the interlocal
1187agreement shall be limited to the procedures set forth therein
1188regarding actions that directly or indirectly restrict or
1189prohibit the use of lands or other activities related to the
1190production or supply of water.
1191     (c)  The authority shall acquire full or lesser interests
1192in all regionally significant member government wholesale water
1193supply facilities and tangible assets and each member government
1194shall convey such interests in the facilities and assets to the
1195authority, at an agreed value.
1196     (d)  The authority shall charge a uniform per gallon
1197wholesale rate to member governments for the wholesale supply of
1198potable water. All capital, operation, maintenance, and
1199administrative costs for existing facilities and acquired
1200facilities, authority master water plan facilities, and other
1201future projects must be allocated to member governments based on
1202water usage at the uniform per gallon wholesale rate.
1203     (e)  The interlocal agreement may include procedures for
1204resolving the parties' differences regarding water management
1205district proposed agency action in the water use permitting
1206process within the authority. Such procedures should minimize
1207the potential for litigation and include alternative dispute
1208resolution. Any governmental or quasi-judicial board or
1209commission established by local ordinance or general or special
1210law where the governing members of such board or commission is
1211shared, in whole or in part, or appointed by a member
1212government, may agree to be bound by the dispute resolution
1213procedures set forth in the interlocal agreement.
1214     (f)  Upon execution of the voluntary interlocal agreement
1215provided for herein, the authority shall jointly develop with
1216the Southwest Florida Water Management District alternative
1217sources of potable water and transmission pipelines to
1218interconnect regionally significant water supply sources and
1219facilities of the authority in amounts sufficient to meet the
1220needs of all member governments for a period of at least 20
1221years and for natural systems. Nothing herein, however, shall
1222preclude the authority and its member governments from
1223developing traditional water sources pursuant to the voluntary
1224interlocal agreement. Development and construction costs for
1225alternative source facilities, which may include a desalination
1226facility and significant regional interconnects, must be borne
1227as mutually agreed to by both the authority and the Southwest
1228Florida Water Management District. Nothing herein shall preclude
1229authority or district cost sharing with private entities for the
1230construction or ownership of alternative source facilities. By
1231December 31, 1997, the authority and the Southwest Florida Water
1232Management District shall enter into a mutually acceptable
1233agreement detailing the development and implementation of
1234directives contained in this paragraph. Nothing in this section
1235shall be construed to modify the rights or responsibilities of
1236the authority or its member governments, except as otherwise
1237provided herein, or of the Southwest Florida Water Management
1238District or the department pursuant to this chapter or chapter
1239403 and as otherwise set forth by statutes.
1240     (g)  Unless otherwise provided in the interlocal agreement,
1241the authority shall be governed by a board of commissioners
1242consisting of nine voting members, all of whom must be elected
1243officers, as follows:
1244     1.  Three members from Hillsborough County who must be
1245selected by the county commission; provided, however, that one
1246member shall be selected by the Mayor of Tampa in the event that
1247the City of Tampa elects to be a member of the authority;
1248     2.  Three members from Pasco County, two of whom must be
1249selected by the county commission and one of whom must be
1250selected by the City Council of New Port Richey;
1251     3.  Three members from Pinellas County, two of whom must be
1252selected by the county commission and one of whom must be
1253selected by the City Council of St. Petersburg.
1254
1255Except as otherwise provided in this section or in the voluntary
1256interlocal agreement between the member governments, a majority
1257vote shall bind the authority and its member governments in all
1258matters relating to the funding of wholesale water supply,
1259production, delivery, and related activities.
1260     (2)  The provisions of this section supersede any
1261conflicting provisions contained in all other general or special
1262laws or provisions thereof as they may apply directly or
1263indirectly to the exclusivity of water supply or withdrawal of
1264water, including provisions relating to the environmental
1265effects, if any, in conjunction with the production and supply
1266of potable water, and the provisions of this section are
1267intended to be a complete revision of all laws related to a
1268regional water supply authority created under s. 373.713 and
1269this section.
1270     (3)  In lieu of the provisions in s. 373.713(2)(a), the
1271Southwest Florida Water Management District shall assist the
1272West Coast Regional Water Supply Authority for a period of 5
1273years, terminating December 31, 1981, by levying an ad valorem
1274tax, upon request of the authority, of not more than 0.05 mill
1275on all taxable property within the limits of the authority.
1276During such period the corresponding basin board ad valorem tax
1277levies shall be reduced accordingly.
1278     (4)  The authority shall prepare its annual budget in the
1279same manner as prescribed for the preparation of basin budgets,
1280but such authority budget shall not be subject to review by the
1281respective basin boards or by the governing board of the
1282district.
1283     (5)  The annual millage for the authority shall be the
1284amount required to raise the amount called for by the annual
1285budget when applied to the total assessment on all taxable
1286property within the limits of the authority, as determined for
1287county taxing purposes.
1288     (6)  The authority may, by resolution, request the
1289governing board of the district to levy ad valorem taxes within
1290the boundaries of the authority. Upon receipt of such request,
1291together with formal certification of the adoption of its annual
1292budget and of the required tax levy, the authority tax levy
1293shall be made by the governing board of the district to finance
1294authority functions.
1295     (7)  The taxes provided for in this section shall be
1296extended by the property appraiser on the county tax roll in
1297each county within, or partly within, the authority boundaries
1298and shall be collected by the tax collector in the same manner
1299and time as county taxes, and the proceeds therefrom paid to the
1300district which shall forthwith pay them over to the authority.
1301Until paid, such taxes shall be a lien on the property against
1302which assessed and enforceable in like manner as county taxes.
1303The property appraisers, tax collectors, and clerks of the
1304circuit court of the respective counties shall be entitled to
1305compensation for services performed in connection with such
1306taxes at the same rates as apply to county taxes.
1307     (8)  The governing board of the district shall not be
1308responsible for any actions or lack of actions by the authority.
1309     Section 2.  Subsection (10) is added to section 373.026,
1310Florida Statutes, to read:
1311     373.026  General powers and duties of the department.--The
1312department, or its successor agency, shall be responsible for
1313the administration of this chapter at the state level. However,
1314it is the policy of the state that, to the greatest extent
1315possible, the department may enter into interagency or
1316interlocal agreements with any other state agency, any water
1317management district, or any local government conducting programs
1318related to or materially affecting the water resources of the
1319state. All such agreements shall be subject to the provisions of
1320s. 373.046. In addition to its other powers and duties, the
1321department shall, to the greatest extent possible:
1322     (10)  In carrying out the provisions of this chapter,
1323neither the department nor a water management district shall
1324deprive, directly or indirectly, any county wherein water is
1325withdrawn of the prior right to the reasonable and beneficial
1326use of water which is required to supply adequately the
1327reasonable and beneficial needs of the county or any of the
1328inhabitants or property owners therein.
1329     Section 3.  Subsection (13) of section 120.52, Florida
1330Statutes, is amended to read:
1331     120.52  Definitions.--As used in this act:
1332     (13)  "Party" means:
1333     (a)  Specifically named persons whose substantial interests
1334are being determined in the proceeding.
1335     (b)  Any other person who, as a matter of constitutional
1336right, provision of statute, or provision of agency regulation,
1337is entitled to participate in whole or in part in the
1338proceeding, or whose substantial interests will be affected by
1339proposed agency action, and who makes an appearance as a party.
1340     (c)  Any other person, including an agency staff member,
1341allowed by the agency to intervene or participate in the
1342proceeding as a party. An agency may by rule authorize limited
1343forms of participation in agency proceedings for persons who are
1344not eligible to become parties.
1345     (d)  Any county representative, agency, department, or unit
1346funded and authorized by state statute or county ordinance to
1347represent the interests of the consumers of a county, when the
1348proceeding involves the substantial interests of a significant
1349number of residents of the county and the board of county
1350commissioners has, by resolution, authorized the representative,
1351agency, department, or unit to represent the class of interested
1352persons. The authorizing resolution shall apply to a specific
1353proceeding and to appeals and ancillary proceedings thereto, and
1354it shall not be required to state the names of the persons whose
1355interests are to be represented.
1356
1357The term "party" does not include a member government of a
1358regional water supply authority or a governmental or quasi-
1359judicial board or commission established by local ordinance or
1360special or general law where the governing membership of such
1361board or commission is shared with, in whole or in part, or
1362appointed by a member government of a regional water supply
1363authority in proceedings under s. 120.569, s. 120.57, or s.
1364120.68, to the extent that an interlocal agreement under ss.
1365163.01 and 373.713 373.1962 exists in which the member
1366government has agreed that its substantial interests are not
1367affected by the proceedings or that it is to be bound by
1368alternative dispute resolution in lieu of participating in the
1369proceedings. This exclusion applies only to those particular
1370types of disputes or controversies, if any, identified in an
1371interlocal agreement.
1372     Section 4.  Subsection (13) of section 163.3167, Florida
1373Statutes, is amended to read:
1374     163.3167  Scope of act.--
1375     (13)  Each local government shall address in its
1376comprehensive plan, as enumerated in this chapter, the water
1377supply sources necessary to meet and achieve the existing and
1378projected water use demand for the established planning period,
1379considering the applicable plan developed pursuant to s. 373.709
1380373.0361.
1381     Section 5.  Paragraph (a) of subsection (4) and paragraphs
1382(c), (d), and (h) of subsection (6) of section 163.3177, Florida
1383Statutes, are amended to read:
1384     163.3177  Required and optional elements of comprehensive
1385plan; studies and surveys.--
1386     (4)(a)  Coordination of the local comprehensive plan with
1387the comprehensive plans of adjacent municipalities, the county,
1388adjacent counties, or the region; with the appropriate water
1389management district's regional water supply plans approved
1390pursuant to s. 373.709 373.0361; with adopted rules pertaining
1391to designated areas of critical state concern; and with the
1392state comprehensive plan shall be a major objective of the local
1393comprehensive planning process. To that end, in the preparation
1394of a comprehensive plan or element thereof, and in the
1395comprehensive plan or element as adopted, the governing body
1396shall include a specific policy statement indicating the
1397relationship of the proposed development of the area to the
1398comprehensive plans of adjacent municipalities, the county,
1399adjacent counties, or the region and to the state comprehensive
1400plan, as the case may require and as such adopted plans or plans
1401in preparation may exist.
1402     (6)  In addition to the requirements of subsections (1)-(5)
1403and (12), the comprehensive plan shall include the following
1404elements:
1405     (c)  A general sanitary sewer, solid waste, drainage,
1406potable water, and natural groundwater aquifer recharge element
1407correlated to principles and guidelines for future land use,
1408indicating ways to provide for future potable water, drainage,
1409sanitary sewer, solid waste, and aquifer recharge protection
1410requirements for the area. The element may be a detailed
1411engineering plan including a topographic map depicting areas of
1412prime groundwater recharge. The element shall describe the
1413problems and needs and the general facilities that will be
1414required for solution of the problems and needs. The element
1415shall also include a topographic map depicting any areas adopted
1416by a regional water management district as prime groundwater
1417recharge areas for the Floridan or Biscayne aquifers, pursuant
1418to s. 373.0397. These areas shall be given special consideration
1419when the local government is engaged in zoning or considering
1420future land use for said designated areas. For areas served by
1421septic tanks, soil surveys shall be provided which indicate the
1422suitability of soils for septic tanks. Within 18 months after
1423the governing board approves an updated regional water supply
1424plan, the element must incorporate the alternative water supply
1425project or projects selected by the local government from those
1426identified in the regional water supply plan pursuant to s.
1427373.709(2)(a) 373.0361(2)(a) or proposed by the local government
1428under s. 373.709(7)(b) 373.0361(7)(b). If a local government is
1429located within two water management districts, the local
1430government shall adopt its comprehensive plan amendment within
143118 months after the later updated regional water supply plan.
1432The element must identify such alternative water supply projects
1433and traditional water supply projects and conservation and reuse
1434necessary to meet the water needs identified in s. 373.709(2)(a)
1435373.0361(2)(a) within the local government's jurisdiction and
1436include a work plan, covering at least a 10 year planning
1437period, for building public, private, and regional water supply
1438facilities, including development of alternative water supplies,
1439which are identified in the element as necessary to serve
1440existing and new development. The work plan shall be updated, at
1441a minimum, every 5 years within 18 months after the governing
1442board of a water management district approves an updated
1443regional water supply plan. Amendments to incorporate the work
1444plan do not count toward the limitation on the frequency of
1445adoption of amendments to the comprehensive plan. Local
1446governments, public and private utilities, regional water supply
1447authorities, special districts, and water management districts
1448are encouraged to cooperatively plan for the development of
1449multijurisdictional water supply facilities that are sufficient
1450to meet projected demands for established planning periods,
1451including the development of alternative water sources to
1452supplement traditional sources of groundwater and surface water
1453supplies.
1454     (d)  A conservation element for the conservation, use, and
1455protection of natural resources in the area, including air,
1456water, water recharge areas, wetlands, waterwells, estuarine
1457marshes, soils, beaches, shores, flood plains, rivers, bays,
1458lakes, harbors, forests, fisheries and wildlife, marine habitat,
1459minerals, and other natural and environmental resources,
1460including factors that affect energy conservation. Local
1461governments shall assess their current, as well as projected,
1462water needs and sources for at least a 10-year period,
1463considering the appropriate regional water supply plan approved
1464pursuant to s. 373.709 373.0361, or, in the absence of an
1465approved regional water supply plan, the district water
1466management plan approved pursuant to s. 373.036(2). This
1467information shall be submitted to the appropriate agencies. The
1468land use map or map series contained in the future land use
1469element shall generally identify and depict the following:
1470     1.  Existing and planned waterwells and cones of influence
1471where applicable.
1472     2.  Beaches and shores, including estuarine systems.
1473     3.  Rivers, bays, lakes, flood plains, and harbors.
1474     4.  Wetlands.
1475     5.  Minerals and soils.
1476     6.  Energy conservation.
1477
1478The land uses identified on such maps shall be consistent with
1479applicable state law and rules.
1480     (h)1.  An intergovernmental coordination element showing
1481relationships and stating principles and guidelines to be used
1482in the accomplishment of coordination of the adopted
1483comprehensive plan with the plans of school boards, regional
1484water supply authorities, and other units of local government
1485providing services but not having regulatory authority over the
1486use of land, with the comprehensive plans of adjacent
1487municipalities, the county, adjacent counties, or the region,
1488with the state comprehensive plan and with the applicable
1489regional water supply plan approved pursuant to s. 373.709
1490373.0361, as the case may require and as such adopted plans or
1491plans in preparation may exist. This element of the local
1492comprehensive plan shall demonstrate consideration of the
1493particular effects of the local plan, when adopted, upon the
1494development of adjacent municipalities, the county, adjacent
1495counties, or the region, or upon the state comprehensive plan,
1496as the case may require.
1497     a.  The intergovernmental coordination element shall
1498provide for procedures to identify and implement joint planning
1499areas, especially for the purpose of annexation, municipal
1500incorporation, and joint infrastructure service areas.
1501     b.  The intergovernmental coordination element shall
1502provide for recognition of campus master plans prepared pursuant
1503to s. 1013.30.
1504     c.  The intergovernmental coordination element may provide
1505for a voluntary dispute resolution process as established
1506pursuant to s. 186.509 for bringing to closure in a timely
1507manner intergovernmental disputes. A local government may
1508develop and use an alternative local dispute resolution process
1509for this purpose.
1510     2.  The intergovernmental coordination element shall
1511further state principles and guidelines to be used in the
1512accomplishment of coordination of the adopted comprehensive plan
1513with the plans of school boards and other units of local
1514government providing facilities and services but not having
1515regulatory authority over the use of land. In addition, the
1516intergovernmental coordination element shall describe joint
1517processes for collaborative planning and decisionmaking on
1518population projections and public school siting, the location
1519and extension of public facilities subject to concurrency, and
1520siting facilities with countywide significance, including
1521locally unwanted land uses whose nature and identity are
1522established in an agreement. Within 1 year of adopting their
1523intergovernmental coordination elements, each county, all the
1524municipalities within that county, the district school board,
1525and any unit of local government service providers in that
1526county shall establish by interlocal or other formal agreement
1527executed by all affected entities, the joint processes described
1528in this subparagraph consistent with their adopted
1529intergovernmental coordination elements.
1530     3.  To foster coordination between special districts and
1531local general-purpose governments as local general-purpose
1532governments implement local comprehensive plans, each
1533independent special district must submit a public facilities
1534report to the appropriate local government as required by s.
1535189.415.
1536     4.a.  Local governments must execute an interlocal
1537agreement with the district school board, the county, and
1538nonexempt municipalities pursuant to s. 163.31777. The local
1539government shall amend the intergovernmental coordination
1540element to provide that coordination between the local
1541government and school board is pursuant to the agreement and
1542shall state the obligations of the local government under the
1543agreement.
1544     b.  Plan amendments that comply with this subparagraph are
1545exempt from the provisions of s. 163.3187(1).
1546     5.  The state land planning agency shall establish a
1547schedule for phased completion and transmittal of plan
1548amendments to implement subparagraphs 1., 2., and 3. from all
1549jurisdictions so as to accomplish their adoption by December 31,
15501999. A local government may complete and transmit its plan
1551amendments to carry out these provisions prior to the scheduled
1552date established by the state land planning agency. The plan
1553amendments are exempt from the provisions of s. 163.3187(1).
1554     6.  By January 1, 2004, any county having a population
1555greater than 100,000, and the municipalities and special
1556districts within that county, shall submit a report to the
1557Department of Community Affairs which:
1558     a.  Identifies all existing or proposed interlocal service
1559delivery agreements regarding the following: education; sanitary
1560sewer; public safety; solid waste; drainage; potable water;
1561parks and recreation; and transportation facilities.
1562     b.  Identifies any deficits or duplication in the provision
1563of services within its jurisdiction, whether capital or
1564operational. Upon request, the Department of Community Affairs
1565shall provide technical assistance to the local governments in
1566identifying deficits or duplication.
1567     7.  Within 6 months after submission of the report, the
1568Department of Community Affairs shall, through the appropriate
1569regional planning council, coordinate a meeting of all local
1570governments within the regional planning area to discuss the
1571reports and potential strategies to remedy any identified
1572deficiencies or duplications.
1573     8.  Each local government shall update its
1574intergovernmental coordination element based upon the findings
1575in the report submitted pursuant to subparagraph 6. The report
1576may be used as supporting data and analysis for the
1577intergovernmental coordination element.
1578     Section 6.  Paragraph (l) of subsection (2) of section
1579163.3191, Florida Statutes, is amended to read:
1580     163.3191  Evaluation and appraisal of comprehensive plan.--
1581     (2)  The report shall present an evaluation and assessment
1582of the comprehensive plan and shall contain appropriate
1583statements to update the comprehensive plan, including, but not
1584limited to, words, maps, illustrations, or other media, related
1585to:
1586     (l)  The extent to which the local government has been
1587successful in identifying alternative water supply projects and
1588traditional water supply projects, including conservation and
1589reuse, necessary to meet the water needs identified in s.
1590373.709(2)(a) 373.0361(2)(a) within the local government's
1591jurisdiction. The report must evaluate the degree to which the
1592local government has implemented the work plan for building
1593public, private, and regional water supply facilities, including
1594development of alternative water supplies, identified in the
1595element as necessary to serve existing and new development.
1596     Section 7.  Paragraphs (c) and (d) of subsection (4) of
1597section 189.404, Florida Statutes, are amended to read:
1598     189.404  Legislative intent for the creation of independent
1599special districts; special act prohibitions; model elements and
1600other requirements; general-purpose local government/Governor
1601and Cabinet creation authorizations.--
1602     (4)  LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION
1603AUTHORIZATIONS.--Except as otherwise authorized by general law,
1604only the Legislature may create independent special districts.
1605     (c)  The Governor and Cabinet may create an independent
1606special district which shall be established by rule in
1607accordance with s. 190.005 or as otherwise authorized in general
1608law. The Governor and Cabinet may also approve the establishment
1609of a charter for the creation of an independent special district
1610which shall be in accordance with s. 373.713 373.1962, or as
1611otherwise authorized in general law.
1612     (d)1.  Any combination of two or more counties may create a
1613regional special district which shall be established in
1614accordance with s. 950.001, or as otherwise authorized in
1615general law.
1616     2.  Any combination of two or more counties or
1617municipalities may create a regional special district which
1618shall be established in accordance with s. 373.713 373.1962, or
1619as otherwise authorized by general law.
1620     3.  Any combination of two or more counties,
1621municipalities, or other political subdivisions may create a
1622regional special district in accordance with s. 163.567, or as
1623otherwise authorized in general law.
1624     Section 8.  Subsection (3) of section 189.4155, Florida
1625Statutes, is amended to read:
1626     189.4155  Activities of special districts; local government
1627comprehensive planning.--
1628     (3)  The provisions of this section shall not apply to
1629water management districts created pursuant to s. 373.069, to
1630regional water supply authorities created pursuant to s. 373.713
1631373.1962, or to spoil disposal sites owned or used by the
1632Federal Government.
1633     Section 9.  Section 189.4156, Florida Statutes, is amended
1634to read:
1635     189.4156  Water management district technical assistance;
1636local government comprehensive planning.--Water management
1637districts shall assist local governments in the development of
1638local government comprehensive plan elements related to water
1639resource issues as required by s. 373.711 373.0391.
1640     Section 10.  Subsection (7) of section 367.021, Florida
1641Statutes, is amended to read:
1642     367.021  Definitions.--As used in this chapter, the
1643following words or terms shall have the meanings indicated:
1644     (7)  "Governmental authority" means a political
1645subdivision, as defined by s. 1.01(8), a regional water supply
1646authority created pursuant to s. 373.713 373.1962, or a
1647nonprofit corporation formed for the purpose of acting on behalf
1648of a political subdivision with respect to a water or wastewater
1649facility.
1650     Section 11.  Subsection (17) of section 373.019, Florida
1651Statutes, is amended to read:
1652     373.019  Definitions.--When appearing in this chapter or in
1653any rule, regulation, or order adopted pursuant thereto, the
1654term:
1655     (17)  "Regional water supply plan" means a detailed water
1656supply plan developed by a governing board under s. 373.709
1657373.0361.
1658     Section 12.  Subsection (2) of section 373.0421, Florida
1659Statutes, is amended to read:
1660     373.0421  Establishment and implementation of minimum flows
1661and levels.--
1662     (2)  If the existing flow or level in a water body is
1663below, or is projected to fall within 20 years below, the
1664applicable minimum flow or level established pursuant to s.
1665373.042, the department or governing board, as part of the
1666regional water supply plan described in s. 373.709 373.0361,
1667shall expeditiously implement a recovery or prevention strategy,
1668which includes the development of additional water supplies and
1669other actions, consistent with the authority granted by this
1670chapter, to:
1671     (a)  Achieve recovery to the established minimum flow or
1672level as soon as practicable; or
1673     (b)  Prevent the existing flow or level from falling below
1674the established minimum flow or level.
1675
1676The recovery or prevention strategy shall include phasing or a
1677timetable which will allow for the provision of sufficient water
1678supplies for all existing and projected reasonable-beneficial
1679uses, including development of additional water supplies and
1680implementation of conservation and other efficiency measures
1681concurrent with, to the extent practical, and to offset,
1682reductions in permitted withdrawals, consistent with the
1683provisions of this chapter.
1684     Section 13.  Subsection (4) of section 373.0695, Florida
1685Statutes, is amended to read:
1686     373.0695  Duties of basin boards; authorized
1687expenditures.--
1688     (4)  In the exercise of the duties and powers granted
1689herein, the basin boards shall be subject to all the limitations
1690and restrictions imposed on the water management districts in s.
1691373.703 373.1961.
1692     Section 14.  Subsections (3) and (5) of section 373.223,
1693Florida Statutes, are amended to read:
1694     373.223  Conditions for a permit.--
1695     (3)  Except for the transport and use of water supplied by
1696the Central and Southern Florida Flood Control Project, and
1697anywhere in the state when the transport and use of water is
1698supplied exclusively for bottled water as defined in s.
1699500.03(1)(d), any water use permit applications pending as of
1700April 1, 1998, with the Northwest Florida Water Management
1701District and self-suppliers of water for which the proposed
1702water source and area of use or application are located on
1703contiguous private properties, when evaluating whether a
1704potential transport and use of ground or surface water across
1705county boundaries is consistent with the public interest,
1706pursuant to paragraph (1)(c), the governing board or department
1707shall consider:
1708     (a)  The proximity of the proposed water source to the area
1709of use or application.
1710     (b)  All impoundments, streams, groundwater sources, or
1711watercourses that are geographically closer to the area of use
1712or application than the proposed source, and that are
1713technically and economically feasible for the proposed transport
1714and use.
1715     (c)  All economically and technically feasible alternatives
1716to the proposed source, including, but not limited to,
1717desalination, conservation, reuse of nonpotable reclaimed water
1718and stormwater, and aquifer storage and recovery.
1719     (d)  The potential environmental impacts that may result
1720from the transport and use of water from the proposed source,
1721and the potential environmental impacts that may result from use
1722of the other water sources identified in paragraphs (b) and (c).
1723     (e)  Whether existing and reasonably anticipated sources of
1724water and conservation efforts are adequate to supply water for
1725existing legal uses and reasonably anticipated future needs of
1726the water supply planning region in which the proposed water
1727source is located.
1728     (f)  Consultations with local governments affected by the
1729proposed transport and use.
1730     (g)  The value of the existing capital investment in water-
1731related infrastructure made by the applicant.
1732
1733Where districtwide water supply assessments and regional water
1734supply plans have been prepared pursuant to ss. 373.036 and
1735373.709 373.0361, the governing board or the department shall
1736use the applicable plans and assessments as the basis for its
1737consideration of the applicable factors in this subsection.
1738     (5)  In evaluating an application for consumptive use of
1739water which proposes the use of an alternative water supply
1740project as described in the regional water supply plan and
1741provides reasonable assurances of the applicant's capability to
1742design, construct, operate, and maintain the project, the
1743governing board or department shall presume that the alternative
1744water supply use is consistent with the public interest under
1745paragraph (1)(c). However, where the governing board identifies
1746the need for a multijurisdictional water supply entity or
1747regional water supply authority to develop the alternative water
1748supply project pursuant to s. 373.709(2)(a)2. 373.0361(2)(a)2.,
1749the presumption shall be accorded only to that use proposed by
1750such entity or authority. This subsection does not effect
1751evaluation of the use pursuant to the provisions of paragraphs
1752(1)(a) and (b), subsections (2) and (3), and ss. 373.2295 and
1753373.233.
1754     Section 15.  Section 373.2234, Florida Statutes, is amended
1755to read:
1756     373.2234  Preferred water supply sources.--The governing
1757board of a water management district is authorized to adopt
1758rules that identify preferred water supply sources for
1759consumptive uses for which there is sufficient data to establish
1760that a preferred source will provide a substantial new water
1761supply to meet the existing and projected reasonable-beneficial
1762uses of a water supply planning region identified pursuant to s.
1763373.709(1) 373.0361(1), while sustaining existing water
1764resources and natural systems. At a minimum, such rules must
1765contain a description of the preferred water supply source and
1766an assessment of the water the preferred source is projected to
1767produce. If an applicant proposes to use a preferred water
1768supply source, that applicant's proposed water use is subject to
1769s. 373.223(1), except that the proposed use of a preferred water
1770supply source must be considered by a water management district
1771when determining whether a permit applicant's proposed use of
1772water is consistent with the public interest pursuant to s.
1773373.223(1)(c). A consumptive use permit issued for the use of a
1774preferred water supply source must be granted, when requested by
1775the applicant, for at least a 20-year period and may be subject
1776to the compliance reporting provisions of s. 373.236(4). Nothing
1777in this section shall be construed to exempt the use of
1778preferred water supply sources from the provisions of ss.
1779373.016(4) and 373.223(2) and (3), or be construed to provide
1780that permits issued for the use of a nonpreferred water supply
1781source must be issued for a duration of less than 20 years or
1782that the use of a nonpreferred water supply source is not
1783consistent with the public interest. Additionally, nothing in
1784this section shall be interpreted to require the use of a
1785preferred water supply source or to restrict or prohibit the use
1786of a nonpreferred water supply source. Rules adopted by the
1787governing board of a water management district to implement this
1788section shall specify that the use of a preferred water supply
1789source is not required and that the use of a nonpreferred water
1790supply source is not restricted or prohibited.
1791     Section 16.  Subsection (3) of section 373.229, Florida
1792Statutes, is amended to read:
1793     373.229  Application for permit.--
1794     (3)  In addition to the information required in subsection
1795(1), all permit applications filed with the governing board or
1796the department which propose the transport and use of water
1797across county boundaries shall include information pertaining to
1798factors to be considered, pursuant to s. 373.223(3), unless
1799exempt under s. 373.713(9) 373.1962(9).
1800     Section 17.  Paragraph (a) of subsection (6) of section
1801373.536, Florida Statutes, is amended to read:
1802     373.536  District budget and hearing thereon.--
1803     (6)  FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
1804WATER RESOURCE DEVELOPMENT WORK PROGRAM.--
1805     (a)  Each district must, by the date specified for each
1806item, furnish copies of the following documents to the Governor,
1807the President of the Senate, the Speaker of the House of
1808Representatives, the chairs of all legislative committees and
1809subcommittees having substantive or fiscal jurisdiction over the
1810districts, as determined by the President of the Senate or the
1811Speaker of the House of Representatives as applicable, the
1812secretary of the department, and the governing board of each
1813county in which the district has jurisdiction or derives any
1814funds for the operations of the district:
1815     1.  The adopted budget, to be furnished within 10 days
1816after its adoption.
1817     2.  A financial audit of its accounts and records, to be
1818furnished within 10 days after its acceptance by the governing
1819board. The audit must be conducted in accordance with the
1820provisions of s. 11.45 and the rules adopted thereunder. In
1821addition to the entities named above, the district must provide
1822a copy of the audit to the Auditor General within 10 days after
1823its acceptance by the governing board.
1824     3.  A 5-year capital improvements plan, to be included in
1825the consolidated annual report required by s. 373.036(7). The
1826plan must include expected sources of revenue for planned
1827improvements and must be prepared in a manner comparable to the
1828fixed capital outlay format set forth in s. 216.043.
1829     4.  A 5-year water resource development work program to be
1830furnished within 30 days after the adoption of the final budget.
1831The program must describe the district's implementation strategy
1832for the water resource development component of each approved
1833regional water supply plan developed or revised under s. 373.709
1834373.0361. The work program must address all the elements of the
1835water resource development component in the district's approved
1836regional water supply plans and must identify which projects in
1837the work program will provide water, explain how each water
1838resource development project will produce additional water
1839available for consumptive uses, estimate the quantity of water
1840to be produced by each project, and provide an assessment of the
1841contribution of the district's regional water supply plans in
1842providing sufficient water to meet the water supply needs of
1843existing and future reasonable-beneficial uses for a 1-in-10-
1844year drought event. Within 30 days after its submittal, the
1845department shall review the proposed work program and submit its
1846findings, questions, and comments to the district. The review
1847must include a written evaluation of the program's consistency
1848with the furtherance of the district's approved regional water
1849supply plans, and the adequacy of proposed expenditures. As part
1850of the review, the department shall give interested parties the
1851opportunity to provide written comments on each district's
1852proposed work program. Within 45 days after receipt of the
1853department's evaluation, the governing board shall state in
1854writing to the department which changes recommended in the
1855evaluation it will incorporate into its work program submitted
1856as part of the March 1 consolidated annual report required by s.
1857373.036(7) or specify the reasons for not incorporating the
1858changes. The department shall include the district's responses
1859in a final evaluation report and shall submit a copy of the
1860report to the Governor, the President of the Senate, and the
1861Speaker of the House of Representatives.
1862     Section 18.  Subsection (11) of section 373.59, Florida
1863Statutes, is amended to read:
1864     373.59  Water Management Lands Trust Fund.--
1865     (11)  Notwithstanding any provision of this section to the
1866contrary, the governing board of a water management district may
1867request, and the Secretary of Environmental Protection shall
1868release upon such request, moneys allocated to the districts
1869pursuant to subsection (8) for purposes consistent with the
1870provisions of s. 373.709 373.0361, s. 373.705 373.0831, s.
1871373.139, or ss. 373.451-373.4595 and for legislatively
1872authorized land acquisition and water restoration initiatives.
1873No funds may be used pursuant to this subsection until necessary
1874debt service obligations, requirements for payments in lieu of
1875taxes, and land management obligations that may be required by
1876this chapter are provided for.
1877     Section 19.  Paragraph (g) of subsection (1) of section
1878378.212, Florida Statutes, is amended to read:
1879     378.212  Variances.--
1880     (1)  Upon application, the secretary may grant a variance
1881from the provisions of this part or the rules adopted pursuant
1882thereto. Variances and renewals thereof may be granted for any
1883one of the following reasons:
1884     (g)  To accommodate reclamation that provides water supply
1885development or water resource development not inconsistent with
1886the applicable regional water supply plan approved pursuant to
1887s. 373.709 373.0361, provided adverse impacts are not caused to
1888the water resources in the basin. A variance may also be granted
1889from the requirements of part IV of chapter 373, or the rules
1890adopted thereunder, when a project provides an improvement in
1891water availability in the basin and does not cause adverse
1892impacts to water resources in the basin.
1893     Section 20.  Subsection (9) of section 378.404, Florida
1894Statutes, is amended to read:
1895     378.404  Department of Environmental Protection; powers and
1896duties.--The department shall have the following powers and
1897duties:
1898     (9)  To grant variances from the provisions of this part to
1899accommodate reclamation that provides for water supply
1900development or water resource development not inconsistent with
1901the applicable regional water supply plan approved pursuant to
1902s. 373.709 373.0361, appropriate stormwater management, improved
1903wildlife habitat, recreation, or a mixture thereof, provided
1904adverse impacts are not caused to the water resources in the
1905basin and public health and safety are not adversely affected.
1906     Section 21.  Paragraph (a) of subsection (3) of section
1907403.0891, Florida Statutes, is amended to read:
1908     403.0891  State, regional, and local stormwater management
1909plans and programs.--The department, the water management
1910districts, and local governments shall have the responsibility
1911for the development of mutually compatible stormwater management
1912programs.
1913     (3)(a)  Each local government required by chapter 163 to
1914submit a comprehensive plan, whose plan is submitted after July
19151, 1992, and the others when updated after July 1, 1992, in the
1916development of its stormwater management program described by
1917elements within its comprehensive plan shall consider the water
1918resource implementation rule, district stormwater management
1919goals, plans approved pursuant to the Surface Water Improvement
1920and Management Act, ss. 373.451-373.4595, and technical
1921assistance information provided by the water management
1922districts pursuant to s. 373.711 373.0391.
1923     Section 22.  Paragraph (a) of subsection (1) and paragraph
1924(a) of subsection (2) of section 403.890, Florida Statutes, are
1925amended to read:
1926     403.890  Water Protection and Sustainability Program;
1927intent; goals; purposes.--
1928     (1)  Effective July 1, 2006, revenues transferred from the
1929Department of Revenue pursuant to s. 201.15(1)(c)2. shall be
1930deposited into the Water Protection and Sustainability Program
1931Trust Fund in the Department of Environmental Protection. These
1932revenues and any other additional revenues deposited into or
1933appropriated to the Water Protection and Sustainability Program
1934Trust Fund shall be distributed by the Department of
1935Environmental Protection in the following manner:
1936     (a)  Sixty percent to the Department of Environmental
1937Protection for the implementation of an alternative water supply
1938program as provided in s. 373.703 373.1961.
1939     (2)  Applicable beginning in the 2007-2008 fiscal year,
1940revenues transferred from the Department of Revenue pursuant to
1941s. 201.15(1)(d)2. shall be deposited into the Water Protection
1942and Sustainability Program Trust Fund in the Department of
1943Environmental Protection. These revenues and any other
1944additional revenues deposited into or appropriated to the Water
1945Protection and Sustainability Program Trust Fund shall be
1946distributed by the Department of Environmental Protection in the
1947following manner:
1948     (a)  Sixty-five percent to the Department of Environmental
1949Protection for the implementation of an alternative water supply
1950program as provided in s. 373.703 373.1961.
1951     Section 23.  Section 682.02, Florida Statutes, is amended
1952to read:
1953     682.02  Arbitration agreements made valid, irrevocable, and
1954enforceable; scope.--Two or more parties may agree in writing to
1955submit to arbitration any controversy existing between them at
1956the time of the agreement, or they may include in a written
1957contract a provision for the settlement by arbitration of any
1958controversy thereafter arising between them relating to such
1959contract or the failure or refusal to perform the whole or any
1960part thereof. This section also applies to written interlocal
1961agreements under ss. 163.01 and 373.713 373.1962 in which two or
1962more parties agree to submit to arbitration any controversy
1963between them concerning water use permit applications and other
1964matters, regardless of whether or not the water management
1965district with jurisdiction over the subject application is a
1966party to the interlocal agreement or a participant in the
1967arbitration. Such agreement or provision shall be valid,
1968enforceable, and irrevocable without regard to the justiciable
1969character of the controversy; provided that this act shall not
1970apply to any such agreement or provision to arbitrate in which
1971it is stipulated that this law shall not apply or to any
1972arbitration or award thereunder.
1973     Section 24.  Section 373.71, Florida Statutes, is
1974renumbered as section 373.69, Florida Statutes.
1975     Section 25.  Sections 373.0361, 373.0391, 373.0831,
1976373.196, 373.1961, 373.1962, and 373.1963, Florida Statutes, are
1977repealed.
1978     Section 26.  This act shall take effect July 1, 2009.


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