CS/CS/HB 1111

1	A bill to be entitled
2	An act relating to water supply; creating part VII of ch.
3	373, F.S., relating to water supply policy, planning,
4	production, and funding; providing a declaration of
5	policy; providing for the powers and duties of water
6	management district governing boards; requiring the
7	Department of Environmental Protection to develop the
8	Florida water supply plan; providing components of the
9	plan; requiring water management district governing boards
10	to develop water supply plans for their respective
11	regions; providing components of district water supply
12	plans; providing legislative findings and intent with
13	respect to water resource development and water supply
14	development; requiring water management districts to fund
15	and implement water resource development; specifying water
16	supply development projects that are eligible to receive
17	priority consideration for state or water management
18	district funding assistance; encouraging cooperation in
19	the development of water supplies; providing for
20	alternative water supply development; encouraging
21	municipalities, counties, and special districts to create
22	regional water supply authorities; establishing the
23	primary roles of the water management districts in
24	alternative water supply development; establishing the
25	primary roles of local governments, regional water supply
26	authorities, special districts, and publicly owned and
27	privately owned water utilities in alternative water
28	supply development; requiring the water management
29	districts to detail the specific allocations to be used
30	for alternative water supply development in their annual
31	budget submission; requiring that the water management
32	districts include the amount needed to implement the water
33	supply development projects in each annual budget;
34	establishing general funding criteria for funding
35	assistance to the state or water management districts;
36	establishing economic incentives for alternative water
37	supply development; providing a funding formula for the
38	distribution of state funds to the water management
39	districts for alternative water supply development;
40	requiring that funding assistance for alternative water
41	supply development be limited to a percentage of the total
42	capital costs of an approved project; establishing a
43	selection process and criteria; providing for cost
44	recovery from the Public Service Commission; requiring a
45	water management district governing board to conduct water
46	supply planning for each region identified in the district
47	water supply plan; providing procedures and requirements
48	with respect to regional water supply plans; providing for
49	joint development of a specified water supply development
50	component of a regional water supply plan within the
51	boundaries of the Southwest Florida Water Management
52	District; providing that approval of a regional water
53	supply plan is not subject to the rulemaking requirements
54	of the Administrative Procedure Act; requiring the
55	department to submit annual reports on the status of
56	regional water supply planning in each district; providing
57	construction with respect to the water supply development
58	component of a regional water supply plan; requiring water
59	management districts to present to certain entities the
60	relevant portions of a regional water supply plan;
61	requiring certain entities to provide written notification
62	to water management districts as to the implementation of
63	water supply project options; requiring water management
64	districts to notify local governments of the need for
65	alternative water supply projects; requiring water
66	management districts to assist local governments in the
67	development and future revision of local government
68	comprehensive plan elements or public facilities reports
69	related to water resource issues; providing for the
70	creation of regional water supply authorities; providing
71	purpose of such authorities; specifying considerations
72	with respect to the creation of a proposed authority;
73	specifying authority of a regional water supply authority;
74	providing authority of specified entities to convey title,
75	dedicate land, or grant land-use rights to a regional
76	water supply authority for specified purposes; providing
77	preferential rights of counties and municipalities to
78	purchase water from regional water supply authorities;
79	providing exemption for specified water supply authorities
80	from consideration of certain factors and submissions;
81	providing applicability of such exemptions; authorizing
82	the West Coast Regional Water Supply Authority and its
83	member governments to reconstitute the authority's
84	governance and rename the authority under a voluntary
85	interlocal agreement; providing compliance requirements
86	with respect to the interlocal agreement; providing for
87	supersession of conflicting general or special laws;
88	providing requirements with respect to annual budgets;
89	specifying the annual millage for the authority;
90	authorizing the authority to request the governing board
91	of the district to levy ad valorem taxes within the
92	boundaries of the authority to finance authority
93	functions; providing requirements and procedures with
94	respect to the collection of such taxes; amending ss.
95	120.52, 163.3167, 163.3177, 163.3191, 189.404, 189.4155,
96	189.4156, 367.021, 373.019, 373.0421, 373.0695, 373.223,
97	373.2234, 373.229, 373.536, 373.59, 378.212, 378.404,
98	403.0891, 403.890, and 682.02, F.S.; conforming cross-
99	references; renumbering s. 373.71, F.S., relating to the
100	Apalachicola-Chattahoochee-Flint River Basin Compact, to
101	clarify retention of the section in part VI of ch. 373,
102	F.S.; repealing s. 373.0361, F.S., relating to regional
103	water supply planning; repealing s. 373.0391, F.S.,
104	relating to technical assistance to local governments;
105	repealing s. 373.0831, F.S., relating to water resource
106	and water supply development; repealing s. 373.196, F.S.,
107	relating to alternative water supply development;
108	repealing s. 373.1961, F.S., relating to water production
109	and related powers and duties of water management
110	districts; repealing s. 373.1962, F.S., relating to
111	regional water supply authorities; repealing s. 373.1963,
112	F.S., relating to assistance to the West Coast Regional
113	Water Supply Authority; providing an effective date.
114
115	Be It Enacted by the Legislature of the State of Florida:
116
117	Section 1.  Part VII of chapter 373, Florida Statutes,
118	consisting of sections 373.701, 373.703, 373.705, 373.707,
119	373.709, 373.711, 373.713, and 373.715, is created to read:
120	PART VII
121	WATER SUPPLY POLICY, PLANNING, PRODUCTION, AND FUNDING
122	373.701  Declaration of policy.--It is declared to be the
123	policy of the Legislature:
124	(1)  To promote the availability of sufficient water for
125	all existing and future reasonable-beneficial uses and natural
126	systems.
127	(2)(a)  Because water constitutes a public resource
128	benefiting the entire state, it is the policy of the Legislature
129	that the waters in the state be managed on a state and regional
130	basis. Consistent with this directive, the Legislature
131	recognizes the need to allocate water throughout the state so as
132	to meet all reasonable-beneficial uses. However, the Legislature
133	acknowledges that such allocations have in the past adversely
134	affected the water resources of certain areas in this state. To
135	protect such water resources and to meet the current and future
136	needs of those areas with abundant water, the Legislature
137	directs the department and the water management districts to
138	encourage the use of water from sources nearest the area of use
139	or application whenever practicable. Such sources shall include
140	all naturally occurring water sources and all alternative water
141	sources, including, but not limited to, desalination,
142	conservation, reuse of nonpotable reclaimed water and
143	stormwater, and aquifer storage and recovery. Reuse of potable
144	reclaimed water and stormwater shall not be subject to the
145	evaluation described in s. 373.223(3)(a)-(g). However, this
146	directive to encourage the use of water, whenever practicable,
147	from sources nearest the area of use or application shall not
148	apply to the transport and direct and indirect use of water
149	within the area encompassed by the Central and Southern Florida
150	Flood Control Project, nor shall it apply anywhere in the state
151	to the transport and use of water supplied exclusively for
152	bottled water as defined in s. 500.03(1)(d), nor shall it apply
153	to the transport and use of reclaimed water for electrical power
154	production by an electric utility as defined in s. 366.02(2).
155	(b)  In establishing the policy outlined in paragraph (a),
156	the Legislature realizes that under certain circumstances the
157	need to transport water from distant sources may be necessary
158	for environmental, technical, or economic reasons.
159	(3)  Cooperative efforts between municipalities, counties,
160	water management districts, and the department are mandatory in
161	order to meet the water needs of rapidly urbanizing areas in a
162	manner that will supply adequate and dependable supplies of
163	water where needed without resulting in adverse effects upon the
164	areas from which such water is withdrawn. Such efforts should
165	use all practical means of obtaining water, including, but not
166	limited to, withdrawals of surface water and groundwater, reuse,
167	and desalination and will necessitate not only cooperation but
168	also well-coordinated activities. Municipalities, counties, and
169	special districts are encouraged to create regional water supply
170	authorities as authorized in s. 373.713 or multijurisdictional
171	water supply entities.
172	373.703  Water production; powers and duties.--In the
173	performance of, and in conjunction with, its other powers and
174	duties, the governing board of a water management district
175	existing pursuant to this chapter:
176	(1)  Shall engage in planning to assist counties,
177	municipalities, special districts, publicly owned and privately
178	owned water utilities, multijurisdictional water supply
179	entities, or regional water supply authorities in meeting water
180	supply needs in such manner as will give priority to encouraging
181	conservation and reducing adverse environmental effects of
182	improper or excessive withdrawals of water from concentrated
183	areas. As used in this section and s. 373.707, regional water
184	supply authorities are regional water authorities created under
185	s. 373.713 or other laws of this state.
186	(2)  Shall assist counties, municipalities, special
187	districts, publicly owned or privately owned water utilities,
188	multijurisdictional water supply entities, or regional water
189	supply authorities in meeting water supply needs in such manner
190	as will give priority to encouraging conservation and reducing
191	adverse environmental effects of improper or excessive
192	withdrawals of water from concentrated areas.
193	(3)  May establish, design, construct, operate, and
194	maintain water production and transmission facilities for the
195	purpose of supplying water to counties, municipalities, special
196	districts, publicly owned and privately owned water utilities,
197	multijurisdictional water supply entities, or regional water
198	supply authorities. The permit required by part II of this
199	chapter for a water management district engaged in water
200	production and transmission shall be granted, denied, or granted
201	with conditions by the department.
202	(4)  Shall not engage in local water supply distribution.
203	(5)  Shall not deprive, directly or indirectly, any county
204	wherein water is withdrawn of the prior right to the reasonable
205	and beneficial use of water which is required to supply
206	adequately the reasonable and beneficial needs of the county or
207	any of the inhabitants or property owners therein.
208	(6)  May provide water and financial assistance to regional
209	water supply authorities, but may not provide water to counties
210	and municipalities which are located within the area of such
211	authority without the specific approval of the authority or, in
212	the event of the authority's disapproval, the approval of the
213	Governor and Cabinet sitting as the Land and Water Adjudicatory
214	Commission. The district may supply water at rates and upon
215	terms mutually agreed to by the parties or, if they do not
216	agree, as set by the governing board and specifically approved
217	by the Governor and Cabinet sitting as the Land and Water
218	Adjudicatory Commission.
219	(7)  May acquire title to such interest as is necessary in
220	real property, by purchase, gift, devise, lease, eminent domain,
221	or otherwise, for water production and transmission consistent
222	with this section and s. 373.707. However, the district shall
223	not use any of the eminent domain powers herein granted to
224	acquire water and water rights already devoted to reasonable and
225	beneficial use or any water production or transmission
226	facilities owned by any county, municipality, or regional water
227	supply authority. The district may exercise eminent domain
228	powers outside of its district boundaries for the acquisition of
229	pumpage facilities, storage areas, transmission facilities, and
230	the normal appurtenances thereto, provided that at least 45 days
231	prior to the exercise of eminent domain, the district notifies
232	the district where the property is located after public notice
233	and the district where the property is located does not object
234	within 45 days after notification of such exercise of eminent
235	domain authority.
236	(8)  In addition to the power to issue revenue bonds
237	pursuant to s. 373.584, may issue revenue bonds for the purposes
238	of paying the costs and expenses incurred in carrying out the
239	purposes of this chapter or refunding obligations of the
240	district issued pursuant to this section. Such revenue bonds
241	shall be secured by, and be payable from, revenues derived from
242	the operation, lease, or use of its water production and
243	transmission facilities and other water-related facilities and
244	from the sale of water or services relating thereto. Such
245	revenue bonds may not be secured by, or be payable from, moneys
246	derived by the district from the Water Management Lands Trust
247	Fund or from ad valorem taxes received by the district. All
248	provisions of s. 373.584 relating to the issuance of revenue
249	bonds which are not inconsistent with this section shall apply
250	to the issuance of revenue bonds pursuant to this section. The
251	district may also issue bond anticipation notes in accordance
252	with the provisions of s. 373.584.
253	(9)  May join with one or more other water management
254	districts, counties, municipalities, special districts, publicly
255	owned or privately owned water utilities, multijurisdictional
256	water supply entities, or regional water supply authorities for
257	the purpose of carrying out any of its powers, and may contract
258	with such other entities to finance acquisitions, construction,
259	operation, and maintenance. The contract may provide for
260	contributions to be made by each party thereto, for the division
261	and apportionment of the expenses of acquisitions, construction,
262	operation, and maintenance, and for the division and
263	apportionment of the benefits, services, and products therefrom.
264	The contracts may contain other covenants and agreements
265	necessary and appropriate to accomplish their purposes.
266	373.705  Water resource development; water supply
267	development.--
268	(1)  The Legislature finds that:
269	(a)  The proper role of the water management districts in
270	water supply is primarily planning and water resource
271	development, but this does not preclude them from providing
272	assistance with water supply development.
273	(b)  The proper role of local government, regional water
274	supply authorities, and government-owned and privately owned
275	water utilities in water supply is primarily water supply
276	development, but this does not preclude them from providing
277	assistance with water resource development.
278	(c)  Water resource development and water supply
279	development must receive priority attention, where needed, to
280	increase the availability of sufficient water for all existing
281	and future reasonable-beneficial uses and natural systems.
282	(2)  It is the intent of the Legislature that:
283	(a)  Sufficient water be available for all existing and
284	future reasonable-beneficial uses and the natural systems, and
285	that the adverse effects of competition for water supplies be
286	avoided.
287	(b)  Water management districts take the lead in
288	identifying and implementing water resource development
289	projects, and be responsible for securing necessary funding for
290	regionally significant water resource development projects.
291	(c)  Local governments, regional water supply authorities,
292	and government-owned and privately owned water utilities take
293	the lead in securing funds for and implementing water supply
294	development projects. Generally, direct beneficiaries of water
295	supply development projects should pay the costs of the projects
296	from which they benefit, and water supply development projects
297	should continue to be paid for through local funding sources.
298	(d)  Water supply development be conducted in coordination
299	with water management district regional water supply planning
300	and water resource development.
301	(3)  The water management districts shall fund and
302	implement water resource development as defined in s. 373.019.
303	The water management districts are encouraged to implement water
304	resource development as expeditiously as possible in areas
305	subject to regional water supply plans. Each governing board
306	shall include in its annual budget the amount needed for the
307	fiscal year to implement water resource development projects, as
308	prioritized in its regional water supply plans.
309	(4)(a)  Water supply development projects which are
310	consistent with the relevant regional water supply plans and
311	which meet one or more of the following criteria shall receive
312	priority consideration for state or water management district
313	funding assistance:
314	1.  The project supports establishment of a dependable,
315	sustainable supply of water which is not otherwise financially
316	feasible;
317	2.  The project provides substantial environmental benefits
318	by preventing or limiting adverse water resource impacts, but
319	requires funding assistance to be economically competitive with
320	other options; or
321	3.  The project significantly implements reuse, storage,
322	recharge, or conservation of water in a manner that contributes
323	to the sustainability of regional water sources.
324	(b)  Water supply development projects that meet the
325	criteria in paragraph (a) and that meet one or more of the
326	following additional criteria shall be given first consideration
327	for state or water management district funding assistance:
328	1.  The project brings about replacement of existing
329	sources in order to help implement a minimum flow or level; or
330	2.  The project implements reuse that assists in the
331	elimination of domestic wastewater ocean outfalls as provided in
332	s. 403.086(9).
333	373.707  Alternative water supply development.--
334	(1)  The purpose of this section is to encourage
335	cooperation in the development of water supplies and to provide
336	for alternative water supply development.
337	(a)  Demands on natural supplies of fresh water to meet the
338	needs of a rapidly growing population and the needs of the
339	environment, agriculture, industry, and mining will continue to
340	increase.
341	(b)  There is a need for the development of alternative
342	water supplies for Florida to sustain its economic growth,
343	economic viability, and natural resources.
344	(c)  Cooperative efforts between municipalities, counties,
345	special districts, water management districts, and the
346	Department of Environmental Protection are mandatory in order to
347	meet the water needs of rapidly urbanizing areas in a manner
348	that will supply adequate and dependable supplies of water where
349	needed without resulting in adverse effects upon the areas from
350	which such water is withdrawn. Such efforts should use all
351	practical means of obtaining water, including, but not limited
352	to, withdrawals of surface water and groundwater, reuse, and
353	desalinization, and will necessitate not only cooperation but
354	also well-coordinated activities. Municipalities, counties, and
355	special districts are encouraged to create regional water supply
356	authorities as authorized in s. 373.713 or multijurisdictional
357	water supply entities.
358	(d)  Alternative water supply development must receive
359	priority funding attention to increase the available supplies of
360	water to meet all existing and future reasonable-beneficial uses
361	and to benefit the natural systems.
362	(e)  Cooperation between counties, municipalities, regional
363	water supply authorities, multijurisdictional water supply
364	entities, special districts, and publicly owned and privately
365	owned water utilities in the development of countywide and
366	multicountywide alternative water supply projects will allow for
367	necessary economies of scale and efficiencies to be achieved in
368	order to accelerate the development of new, dependable, and
369	sustainable alternative water supplies.
370	(f)  It is in the public interest that county, municipal,
371	industrial, agricultural, and other public and private water
372	users, the Department of Environmental Protection, and the water
373	management districts cooperate and work together in the
374	development of alternative water supplies to avoid the adverse
375	effects of competition for limited supplies of water. Public
376	moneys or services provided to private entities for alternative
377	water supply development may constitute public purposes that
378	also are in the public interest.
379	(2)(a)  Sufficient water must be available for all existing
380	and future reasonable-beneficial uses and the natural systems,
381	and the adverse effects of competition for water supplies must
382	be avoided.
383	(b)  Water supply development and alternative water supply
384	development must be conducted in coordination with water
385	management district regional water supply planning.
386	(c)  Funding for the development of alternative water
387	supplies shall be a shared responsibility of water suppliers and
388	users, the State of Florida, and the water management districts,
389	with water suppliers and users having the primary responsibility
390	and the State of Florida and the water management districts
391	being responsible for providing funding assistance.
392	(3)  The primary roles of the water management districts in
393	water resource development as it relates to supporting
394	alternative water supply development are:
395	(a)  The formulation and implementation of regional water
396	resource management strategies that support alternative water
397	supply development;
398	(b)  The collection and evaluation of surface water and
399	groundwater data to be used for a planning level assessment of
400	the feasibility of alternative water supply development
401	projects;
402	(c)  The construction, operation, and maintenance of major
403	public works facilities for flood control, surface and
404	underground water storage, and groundwater recharge augmentation
405	to support alternative water supply development;
406	(d)  Planning for alternative water supply development as
407	provided in regional water supply plans in coordination with
408	local governments, regional water supply authorities,
409	multijurisdictional water supply entities, special districts,
410	and publicly owned and privately owned water utilities and self-
411	suppliers;
412	(e)  The formulation and implementation of structural and
413	nonstructural programs to protect and manage water resources in
414	support of alternative water supply projects; and
415	(f)  The provision of technical and financial assistance to
416	local governments and publicly owned and privately owned water
417	utilities for alternative water supply projects.
418	(4)  The primary roles of local government, regional water
419	supply authorities, multijurisdictional water supply entities,
420	special districts, and publicly owned and privately owned water
421	utilities in alternative water supply development shall be:
422	(a)  The planning, design, construction, operation, and
423	maintenance of alternative water supply development projects;
424	(b)  The formulation and implementation of alternative
425	water supply development strategies and programs;
426	(c)  The planning, design, construction, operation, and
427	maintenance of facilities to collect, divert, produce, treat,
428	transmit, and distribute water for sale, resale, or end use; and
429	(d)  The coordination of alternative water supply
430	development activities with the appropriate water management
431	district having jurisdiction over the activity.
432	(5)  Nothing in this section shall be construed to preclude
433	the various special districts, municipalities, and counties from
434	continuing to operate existing water production and transmission
435	facilities or to enter into cooperative agreements with other
436	special districts, municipalities, and counties for the purpose
437	of meeting their respective needs for dependable and adequate
438	supplies of water; however, the obtaining of water through such
439	operations shall not be done in a manner that results in adverse
440	effects upon the areas from which such water is withdrawn.
441	(6)(a)  The statewide funds provided pursuant to the Water
442	Protection and Sustainability Program serve to supplement
443	existing water management district or basin board funding for
444	alternative water supply development assistance and should not
445	result in a reduction of such funding. Therefore, the water
446	management districts shall include in the annual tentative and
447	adopted budget submittals required under this chapter the amount
448	of funds allocated for water resource development that supports
449	alternative water supply development and the funds allocated for
450	alternative water supply projects selected for inclusion in the
451	Water Protection and Sustainability Program. It shall be the
452	goal of each water management district and basin boards that the
453	combined funds allocated annually for these purposes be, at a
454	minimum, the equivalent of 100 percent of the state funding
455	provided to the water management district for alternative water
456	supply development. If this goal is not achieved, the water
457	management district shall provide in the budget submittal an
458	explanation of the reasons or constraints that prevent this goal
459	from being met, an explanation of how the goal will be met in
460	future years, and affirmation of match is required during the
461	budget review process as established under s. 373.536(5). The
462	Suwannee River Water Management District and the Northwest
463	Florida Water Management District shall not be required to meet
464	the match requirements of this paragraph; however, they shall
465	try to achieve the match requirement to the greatest extent
466	practicable.
467	(b)  State funds from the Water Protection and
468	Sustainability Program created in s. 403.890 shall be made
469	available for financial assistance for the project construction
470	costs of alternative water supply development projects selected
471	by a water management district governing board for inclusion in
472	the program.
473	(7)  The water management district shall implement its
474	responsibilities as expeditiously as possible in areas subject
475	to regional water supply plans. Each district's governing board
476	shall include in its annual budget the amount needed for the
477	fiscal year to assist in implementing alternative water supply
478	development projects.
479	(8)(a)  The water management districts and the state shall
480	share a percentage of revenues with water providers and users,
481	including local governments, water, wastewater, and reuse
482	utilities, municipal, special district, industrial, and
483	agricultural water users, and other public and private water
484	users, to be used to supplement other funding sources in the
485	development of alternative water supplies.
486	(b)  Beginning in fiscal year 2005-2006, the state shall
487	annually provide a portion of those revenues deposited into the
488	Water Protection and Sustainability Program Trust Fund for the
489	purpose of providing funding assistance for the development of
490	alternative water supplies pursuant to the Water Protection and
491	Sustainability Program. At the beginning of each fiscal year,
492	beginning with fiscal year 2005-2006, such revenues shall be
493	distributed by the department into the alternative water supply
494	trust fund accounts created by each district for the purpose of
495	alternative water supply development under the following funding
496	formula:
497	1.  Thirty percent to the South Florida Water Management
498	District;
499	2.  Twenty-five percent to the Southwest Florida Water
500	Management District;
501	3.  Twenty-five percent to the St. Johns River Water
502	Management District;
503	4.  Ten percent to the Suwannee River Water Management
504	District; and
505	5.  Ten percent to the Northwest Florida Water Management
506	District.
507	(c)  The financial assistance for alternative water supply
508	projects allocated in each district's budget as required in
509	subsection (6) shall be combined with the state funds and used
510	to assist in funding the project construction costs of
511	alternative water supply projects selected by the governing
512	board. If the district has not completed any regional water
513	supply plan, or the regional water supply plan does not identify
514	the need for any alternative water supply projects, funds
515	deposited in that district's trust fund may be used for water
516	resource development projects, including, but not limited to,
517	springs protection.
518	(d)  All projects submitted to the governing board for
519	consideration shall reflect the total capital cost for
520	implementation. The costs shall be segregated pursuant to the
521	categories described in the definition of capital costs.
522	(e)  Applicants for projects that may receive funding
523	assistance pursuant to the Water Protection and Sustainability
524	Program shall, at a minimum, be required to pay 60 percent of
525	the project's construction costs. The water management districts
526	may, at their discretion, totally or partially waive this
527	requirement for projects sponsored by financially disadvantaged
528	small local governments as defined in former s. 403.885(5). The
529	water management districts or basin boards may, at their
530	discretion, use ad valorem or federal revenues to assist a
531	project applicant in meeting the requirements of this paragraph.
532	(f)  The governing boards shall determine those projects
533	that will be selected for financial assistance. The governing
534	boards may establish factors to determine project funding;
535	however, significant weight shall be given to the following
536	factors:
537	1.  Whether the project provides substantial environmental
538	benefits by preventing or limiting adverse water resource
539	impacts.
540	2.  Whether the project reduces competition for water
541	supplies.
542	3.  Whether the project brings about replacement of
543	traditional sources in order to help implement a minimum flow or
544	level or a reservation.
545	4.  Whether the project will be implemented by a
546	consumptive use permittee that has achieved the targets
547	contained in a goal-based water conservation program approved
548	pursuant to s. 373.227.
549	5.  The quantity of water supplied by the project as
550	compared to its cost.
551	6.  Projects in which the construction and delivery to end
552	users of reuse water is a major component.
553	7.  Whether the project will be implemented by a
554	multijurisdictional water supply entity or regional water supply
555	authority.
556	8.  Whether the project implements reuse that assists in
557	the elimination of domestic wastewater ocean outfalls as
558	provided in s. 403.086(9).
559	(g)  Additional factors to be considered in determining
560	project funding shall include:
561	1.  Whether the project is part of a plan to implement two
562	or more alternative water supply projects, all of which will be
563	operated to produce water at a uniform rate for the participants
564	in a multijurisdictional water supply entity or regional water
565	supply authority.
566	2.  The percentage of project costs to be funded by the
567	water supplier or water user.
568	3.  Whether the project proposal includes sufficient
569	preliminary planning and engineering to demonstrate that the
570	project can reasonably be implemented within the timeframes
571	provided in the regional water supply plan.
572	4.  Whether the project is a subsequent phase of an
573	alternative water supply project that is underway.
574	5.  Whether and in what percentage a local government or
575	local government utility is transferring water supply system
576	revenues to the local government general fund in excess of
577	reimbursements for services received from the general fund,
578	including direct and indirect costs and legitimate payments in
579	lieu of taxes.
580	(h)  After conducting one or more meetings to solicit
581	public input on eligible projects, including input from those
582	entities identified pursuant to s. 373.709(2)(a)3.d. for
583	implementation of alternative water supply projects, the
584	governing board of each water management district shall select
585	projects for funding assistance based upon the criteria set
586	forth in paragraphs (f) and (g). The governing board may select
587	a project identified or listed as an alternative water supply
588	development project in the regional water supply plan, or
589	allocate up to 20 percent of the funding for alternative water
590	supply projects that are not identified or listed in the
591	regional water supply plan but are consistent with the goals of
592	the plan.
593	(i)  Without diminishing amounts available through other
594	means described in this paragraph, the governing boards are
595	encouraged to consider establishing revolving loan funds to
596	expand the total funds available to accomplish the objectives of
597	this section. A revolving loan fund created under this paragraph
598	must be a nonlapsing fund from which the water management
599	district may make loans with interest rates below prevailing
600	market rates to public or private entities for the purposes
601	described in this section. The governing board may adopt
602	resolutions to establish revolving loan funds which must specify
603	the details of the administration of the fund, the procedures
604	for applying for loans from the fund, the criteria for awarding
605	loans from the fund, the initial capitalization of the fund, and
606	the goals for future capitalization of the fund in subsequent
607	budget years. Revolving loan funds created under this paragraph
608	must be used to expand the total sums and sources of cooperative
609	funding available for the development of alternative water
610	supplies. The Legislature does not intend for the creation of
611	revolving loan funds to supplant or otherwise reduce existing
612	sources or amounts of funds currently available through other
613	means.
614	(j)  For each utility that receives financial assistance
615	from the state or a water management district for an alternative
616	water supply project, the water management district shall
617	require the appropriate rate-setting authority to develop rate
618	structures for water customers in the service area of the funded
619	utility that will:
620	1.  Promote the conservation of water; and
621	2.  Promote the use of water from alternative water
622	supplies.
623	(k)  The governing boards shall establish a process for the
624	disbursal of revenues pursuant to this subsection.
625	(l)  All revenues made available pursuant to this
626	subsection must be encumbered annually by the governing board
627	when it approves projects sufficient to expend the available
628	revenues.
629	(m)  This subsection is not subject to the rulemaking
630	requirements of chapter 120.
631	(n)  By March 1 of each year, as part of the consolidated
632	annual report required by s. 373.036(7), each water management
633	district shall submit a report on the disbursal of all budgeted
634	amounts pursuant to this section. Such report shall describe all
635	alternative water supply projects funded as well as the quantity
636	of new water to be created as a result of such projects and
637	shall account separately for any other moneys provided through
638	grants, matching grants, revolving loans, and the use of
639	district lands or facilities to implement regional water supply
640	plans.
641	(o)  The Florida Public Service Commission shall allow
642	entities under its jurisdiction constructing or participating in
643	constructing facilities that provide alternative water supplies
644	to recover their full, prudently incurred cost of constructing
645	such facilities through their rate structure. If construction of
646	a facility or participation in construction is pursuant to or in
647	furtherance of a regional water supply plan, the cost shall be
648	deemed to be prudently incurred. Every component of an
649	alternative water supply facility constructed by an investor-
650	owned utility shall be recovered in current rates. Any state or
651	water management district cost-share is not subject to the
652	recovery provisions allowed in this paragraph.
653	(9)  Funding assistance provided by the water management
654	districts for a water reuse system may include the following
655	conditions for that project if a water management district
656	determines that such conditions will encourage water use
657	efficiency:
658	(a)  Metering of reclaimed water use for residential
659	irrigation, agricultural irrigation, industrial uses, except for
660	electric utilities as defined in s. 366.02(2), landscape
661	irrigation, golf course irrigation, irrigation of other public
662	access areas, commercial and institutional uses such as toilet
663	flushing, and transfers to other reclaimed water utilities;
664	(b)  Implementation of reclaimed water rate structures
665	based on actual use of reclaimed water for the reuse activities
666	listed in paragraph (a);
667	(c)  Implementation of education programs to inform the
668	public about water issues, water conservation, and the
669	importance and proper use of reclaimed water; or
670	(d)  Development of location data for key reuse facilities.
671	373.709  Regional water supply planning.--
672	(1)  The governing board of each water management district
673	shall conduct water supply planning for any water supply
674	planning region within the district identified in the
675	appropriate district water supply plan under s. 373.036, where
676	it determines that existing sources of water are not adequate to
677	supply water for all existing and future reasonable-beneficial
678	uses and to sustain the water resources and related natural
679	systems for the planning period. The planning must be conducted
680	in an open public process, in coordination and cooperation with
681	local governments, regional water supply authorities,
682	government-owned and privately owned water utilities,
683	multijurisdictional water supply entities, self-suppliers, and
684	other affected and interested parties. The districts shall
685	actively engage in public education and outreach to all affected
686	local entities and their officials, as well as members of the
687	public, in the planning process and in seeking input. During
688	preparation, but prior to completion of the regional water
689	supply plan, the district must conduct at least one public
690	workshop to discuss the technical data and modeling tools
691	anticipated to be used to support the regional water supply
692	plan. The district shall also hold several public meetings to
693	communicate the status, overall conceptual intent, and impacts
694	of the plan on existing and future reasonable-beneficial uses
695	and related natural systems. During the planning process, a
696	local government may choose to prepare its own water supply
697	assessment to determine if existing water sources are adequate
698	to meet existing and projected reasonable-beneficial needs of
699	the local government while sustaining water resources and
700	related natural systems. The local government shall submit such
701	assessment, including the data and methodology used, to the
702	district. The district shall consider the local government's
703	assessment during the formation of the plan. A determination by
704	the governing board that initiation of a regional water supply
705	plan for a specific planning region is not needed pursuant to
706	this section shall be subject to s. 120.569. The governing board
707	shall reevaluate such a determination at least once every 5
708	years and shall initiate a regional water supply plan, if
709	needed, pursuant to this subsection.
710	(2)  Each regional water supply plan shall be based on at
711	least a 20-year planning period and shall include, but need not
712	be limited to:
713	(a)  A water supply development component for each water
714	supply planning region identified by the district which
715	includes:
716	1.  A quantification of the water supply needs for all
717	existing and future reasonable-beneficial uses within the
718	planning horizon. The level-of-certainty planning goal
719	associated with identifying the water supply needs of existing
720	and future reasonable-beneficial uses shall be based upon
721	meeting those needs for a 1-in-10-year drought event. Population
722	projections used for determining public water supply needs must
723	be based upon the best available data. In determining the best
724	available data, the district shall consider the University of
725	Florida's Bureau of Economic and Business Research (BEBR) medium
726	population projections and any population projection data and
727	analysis submitted by a local government pursuant to the public
728	workshop described in subsection (1) if the data and analysis
729	support the local government's comprehensive plan. Any
730	adjustment of or deviation from the BEBR projections must be
731	fully described, and the original BEBR data must be presented
732	along with the adjusted data.
733	2.  A list of water supply development project options,
734	including traditional and alternative water supply project
735	options, from which local government, government-owned and
736	privately owned utilities, regional water supply authorities,
737	multijurisdictional water supply entities, self-suppliers, and
738	others may choose for water supply development. In addition to
739	projects listed by the district, such users may propose specific
740	projects for inclusion in the list of alternative water supply
741	projects. If such users propose a project to be listed as an
742	alternative water supply project, the district shall determine
743	whether it meets the goals of the plan, and, if so, it shall be
744	included in the list. The total capacity of the projects
745	included in the plan shall exceed the needs identified in
746	subparagraph 1. and shall take into account water conservation
747	and other demand management measures, as well as water resources
748	constraints, including adopted minimum flows and levels and
749	water reservations. Where the district determines it is
750	appropriate, the plan should specifically identify the need for
751	multijurisdictional approaches to project options that, based on
752	planning level analysis, are appropriate to supply the intended
753	uses and that, based on such analysis, appear to be permittable
754	and financially and technically feasible. The list of water
755	supply development options must contain provisions that
756	recognize that alternative water supply options for agricultural
757	self-suppliers are limited.
758	3.  For each project option identified in subparagraph 2.,
759	the following shall be provided:
760	a.  An estimate of the amount of water to become available
761	through the project.
762	b.  The timeframe in which the project option should be
763	implemented and the estimated planning-level costs for capital
764	investment and operating and maintaining the project.
765	c.  An analysis of funding needs and sources of possible
766	funding options. For alternative water supply projects the water
767	management districts shall provide funding assistance in
768	accordance with s. 373.707(8).
769	d.  Identification of the entity that should implement each
770	project option and the current status of project implementation.
771	(b)  A water resource development component that includes:
772	1.  A listing of those water resource development projects
773	that support water supply development.
774	2.  For each water resource development project listed:
775	a.  An estimate of the amount of water to become available
776	through the project.
777	b.  The timeframe in which the project option should be
778	implemented and the estimated planning-level costs for capital
779	investment and for operating and maintaining the project.
780	c.  An analysis of funding needs and sources of possible
781	funding options.
782	d.  Identification of the entity that should implement each
783	project option and the current status of project implementation.
784	(c)  The recovery and prevention strategy described in s.
785	373.0421(2).
786	(d)  A funding strategy for water resource development
787	projects, which shall be reasonable and sufficient to pay the
788	cost of constructing or implementing all of the listed projects.
789	(e)  Consideration of how the project options addressed in
790	paragraph (a) serve the public interest or save costs overall by
791	preventing the loss of natural resources or avoiding greater
792	future expenditures for water resource development or water
793	supply development. However, unless adopted by rule, these
794	considerations do not constitute final agency action.
795	(f)  The technical data and information applicable to each
796	planning region which are necessary to support the regional
797	water supply plan.
798	(g)  The minimum flows and levels established for water
799	resources within each planning region.
800	(h)  Reservations of water adopted by rule pursuant to s.
801	373.223(4) within each planning region.
802	(i)  Identification of surface waters or aquifers for which
803	minimum flows and levels are scheduled to be adopted.
804	(j)  An analysis, developed in cooperation with the
805	department, of areas or instances in which the variance
806	provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to
807	create water supply development or water resource development
808	projects.
809	(3)  The water supply development component of a regional
810	water supply plan which deals with or affects public utilities
811	and public water supply for those areas served by a regional
812	water supply authority and its member governments within the
813	boundary of the Southwest Florida Water Management District
814	shall be developed jointly by the authority and the district. In
815	areas not served by regional water supply authorities, or other
816	multijurisdictional water supply entities, and where
817	opportunities exist to meet water supply needs more efficiently
818	through multijurisdictional projects identified pursuant to
819	paragraph (2)(a), water management districts are directed to
820	assist in developing multijurisdictional approaches to water
821	supply project development jointly with affected water
822	utilities, special districts, and local governments.
823	(4)  The South Florida Water Management District shall
824	include in its regional water supply plan water resource and
825	water supply development projects that promote the elimination
826	of wastewater ocean outfalls as provided in s. 403.086(9).
827	(5)  Governing board approval of a regional water supply
828	plan shall not be subject to the rulemaking requirements of
829	chapter 120. However, any portion of an approved regional water
830	supply plan which affects the substantial interests of a party
831	shall be subject to s. 120.569.
832	(6)  Annually and in conjunction with the reporting
833	requirements of s. 373.536(6)(a)4., the department shall submit
834	to the Governor and the Legislature a report on the status of
835	regional water supply planning in each district. The report
836	shall include:
837	(a)  A compilation of the estimated costs of and potential
838	sources of funding for water resource development and water
839	supply development projects as identified in the water
840	management district regional water supply plans.
841	(b)  The percentage and amount, by district, of district ad
842	valorem tax revenues or other district funds made available to
843	develop alternative water supplies.
844	(c)  A description of each district's progress toward
845	achieving its water resource development objectives, including
846	the district's implementation of its 5-year water resource
847	development work program.
848	(d)  An assessment of the specific progress being made to
849	implement each alternative water supply project option chosen by
850	the entities and identified for implementation in the plan.
851	(e)  An overall assessment of the progress being made to
852	develop water supply in each district, including, but not
853	limited to, an explanation of how each project, either
854	alternative or traditional, will produce, contribute to, or
855	account for additional water being made available for
856	consumptive uses, an estimate of the quantity of water to be
857	produced by each project, and an assessment of the contribution
858	of the district's regional water supply plan in providing
859	sufficient water to meet the needs of existing and future
860	reasonable-beneficial uses for a 1-in-10 year drought event, as
861	well as the needs of the natural systems.
862	(7)  Nothing contained in the water supply development
863	component of a regional water supply plan shall be construed to
864	require local governments, government-owned or privately owned
865	water utilities, special districts, self-suppliers, regional
866	water supply authorities, multijurisdictional water supply
867	entities, or other water suppliers to select a water supply
868	development project identified in the component merely because
869	it is identified in the plan. Except as provided in s.
870	373.223(3) and (5), the plan may not be used in the review of
871	permits under part II of this chapter unless the plan or an
872	applicable portion thereof has been adopted by rule. However,
873	this subsection does not prohibit a water management district
874	from employing the data or other information used to establish
875	the plan in reviewing permits under part II, nor does it limit
876	the authority of the department or governing board under part
877	II.
878	(8)  Where the water supply component of a water supply
879	planning region shows the need for one or more alternative water
880	supply projects, the district shall notify the affected local
881	governments and make every reasonable effort to educate and
882	involve local public officials in working toward solutions in
883	conjunction with the districts and, where appropriate, other
884	local and regional water supply entities.
885	(a)  Within 6 months following approval or amendment of its
886	regional water supply plan, each water management district shall
887	notify by certified mail each entity identified in sub-
888	subparagraph (2)(a)3.d. of that portion of the plan relevant to
889	the entity. Upon request of such an entity, the water management
890	district shall appear before and present its findings and
891	recommendations to the entity.
892	(b)  Within 1 year after the notification by a water
893	management district pursuant to paragraph (a), each entity
894	identified in sub-subparagraph (2)(a)3.d. shall provide to the
895	water management district written notification of the following:
896	the alternative water supply projects or options identified in
897	paragraph (2)(a) which it has developed or intends to develop,
898	if any; an estimate of the quantity of water to be produced by
899	each project; and the status of project implementation,
900	including development of the financial plan, facilities master
901	planning, permitting, and efforts in coordinating
902	multijurisdictional projects, if applicable. The information
903	provided in the notification shall be updated annually, and a
904	progress report shall be provided by November 15 of each year to
905	the water management district. If an entity does not intend to
906	develop one or more of the alternative water supply project
907	options identified in the regional water supply plan, the entity
908	shall propose, within 1 year after notification by a water
909	management district pursuant to paragraph (a), another
910	alternative water supply project option sufficient to address
911	the needs identified in paragraph (2)(a) within the entity's
912	jurisdiction and shall provide an estimate of the quantity of
913	water to be produced by the project and the status of project
914	implementation as described in this paragraph. The entity may
915	request that the water management district consider the other
916	project for inclusion in the regional water supply plan.
917	(9)  For any regional water supply plan that is scheduled
918	to be updated before December 31, 2005, the deadline for such
919	update shall be extended by 1 year.
920	373.711  Technical assistance to local governments.--
921	(1)  The water management districts shall assist local
922	governments in the development and future revision of local
923	government comprehensive plan elements or public facilities
924	report as required by s. 189.415, related to water resource
925	issues.
926	(2)  By July 1, 1991, each water management district shall
927	prepare and provide information and data to assist local
928	governments in the preparation and implementation of their local
929	government comprehensive plans or public facilities report as
930	required by s. 189.415, whichever is applicable. Such
931	information and data shall include, but not be limited to:
932	(a)  All information and data required in a public
933	facilities report pursuant to s. 189.415.
934	(b)  A description of regulations, programs, and schedules
935	implemented by the district.
936	(c)  Identification of regulations, programs, and schedules
937	undertaken or proposed by the district to further the State
938	Comprehensive Plan.
939	(d)  A description of surface water basins, including
940	regulatory jurisdictions, flood-prone areas, existing and
941	projected water quality in water management district operated
942	facilities, as well as surface water runoff characteristics and
943	topography regarding flood plains, wetlands, and recharge areas.
944	(e)  A description of groundwater characteristics,
945	including existing and planned wellfield sites, existing and
946	anticipated cones of influence, highly productive groundwater
947	areas, aquifer recharge areas, deep well injection zones,
948	contaminated areas, an assessment of regional water resource
949	needs and sources for the next 20 years, and water quality.
950	(f)  The identification of existing and potential water
951	management district land acquisitions.
952	(g)  Information reflecting the minimum flows for surface
953	watercourses to avoid harm to water resources or the ecosystem
954	and information reflecting the minimum water levels for aquifers
955	to avoid harm to water resources or the ecosystem.
956	373.713  Regional water supply authorities.--
957	(1)  By interlocal agreement between counties,
958	municipalities, or special districts, as applicable, pursuant to
959	the Florida Interlocal Cooperation Act of 1969, s. 163.01, and
960	upon the approval of the Secretary of Environmental Protection
961	to ensure that such agreement will be in the public interest and
962	complies with the intent and purposes of this act, regional
963	water supply authorities may be created for the purpose of
964	developing, recovering, storing, and supplying water for county
965	or municipal purposes in such a manner as will give priority to
966	reducing adverse environmental effects of excessive or improper
967	withdrawals of water from concentrated areas. In approving said
968	agreement the Secretary of Environmental Protection shall
969	consider, but not be limited to, the following:
970	(a)  Whether the geographic territory of the proposed
971	authority is of sufficient size and character to reduce the
972	environmental effects of improper or excessive withdrawals of
973	water from concentrated areas.
974	(b)  The maximization of economic development of the water
975	resources within the territory of the proposed authority.
976	(c)  The availability of a dependable and adequate water
977	supply.
978	(d)  The ability of any proposed authority to design,
979	construct, operate, and maintain water supply facilities in the
980	locations, and at the times necessary, to ensure that an
981	adequate water supply will be available to all citizens within
982	the authority.
983	(e)  The effect or impact of any proposed authority on any
984	municipality, county, or existing authority or authorities.
985	(f)  The existing needs of the water users within the area
986	of the authority.
987	(2)  In addition to other powers and duties agreed upon,
988	and notwithstanding the provisions of s. 163.01, such authority
989	may:
990	(a)  Upon approval of the electors residing in each county
991	or municipality within the territory to be included in any
992	authority, levy ad valorem taxes, not to exceed 0.5 mill,
993	pursuant to s. 9(b), Art. VII of the State Constitution. No tax
994	authorized by this paragraph shall be levied in any county or
995	municipality without an affirmative vote of the electors
996	residing in such county or municipality.
997	(b)  Acquire water and water rights; develop, store, and
998	transport water; provide, sell, and deliver water for county or
999	municipal uses and purposes; and provide for the furnishing of
1000	such water and water service upon terms and conditions and at
1001	rates which will apportion to parties and nonparties an
1002	equitable share of the capital cost and operating expense of the
1003	authority's work to the purchaser.
1004	(c)  Collect, treat, and recover wastewater.
1005	(d)  Not engage in local distribution.
1006	(e)  Exercise the power of eminent domain in the manner
1007	provided by law for the condemnation of private property for
1008	public use to acquire title to such interest in real property as
1009	is necessary to the exercise of the powers herein granted,
1010	except water and water rights already devoted to reasonable and
1011	beneficial use or any water production or transmission
1012	facilities owned by any county or municipality.
1013	(f)  Issue revenue bonds in the manner prescribed by the
1014	Revenue Bond Act of 1953, as amended, part I, chapter 159, to be
1015	payable solely from funds derived from the sale of water by the
1016	authority to any county or municipality. Such bonds may be
1017	additionally secured by the full faith and credit of any county
1018	or municipality, as provided by s. 159.16 or by a pledge of
1019	excise taxes, as provided by s. 159.19. For the purpose of
1020	issuing revenue bonds, an authority shall be considered a "unit"
1021	as defined in s. 159.02(2) and as that term is used in the
1022	Revenue Bond Act of 1953, as amended. Such bonds may be issued
1023	to finance the cost of acquiring properties and facilities for
1024	the production and transmission of water by the authority to any
1025	county or municipality, which cost shall include the acquisition
1026	of real property and easements therein for such purposes. Such
1027	bonds may be in the form of refunding bonds to take up any
1028	outstanding bonds of the authority or of any county or
1029	municipality where such outstanding bonds are secured by
1030	properties and facilities for production and transmission of
1031	water, which properties and facilities are being acquired by the
1032	authority. Refunding bonds may be issued to take up and refund
1033	all outstanding bonds of said authority that are subject to call
1034	and termination, and all bonds of said authority that are not
1035	subject to call or redemption, when the surrender of said bonds
1036	can be procured from the holder thereof at prices satisfactory
1037	to the authority. Such refunding bonds may be issued at any time
1038	when, in the judgment of the authority, it will be to the best
1039	interest of the authority financially or economically by
1040	securing a lower rate of interest on said bonds or by extending
1041	the time of maturity of said bonds or, for any other reason, in
1042	the judgment of the authority, advantageous to said authority.
1043	(g)  Sue and be sued in its own name.
1044	(h)  Borrow money and incur indebtedness and issue bonds or
1045	other evidence of such indebtedness.
1046	(i)  Join with one or more other public corporations for
1047	the purpose of carrying out any of its powers and for that
1048	purpose to contract with such other public corporation or
1049	corporations for the purpose of financing such acquisitions,
1050	construction, and operations. Such contracts may provide for
1051	contributions to be made by each party thereto, for the division
1052	and apportionment of the expenses of such acquisitions and
1053	operations, and for the division and apportionment of the
1054	benefits, services, and products therefrom. Such contract may
1055	contain such other and further covenants and agreements as may
1056	be necessary and convenient to accomplish the purposes hereof.
1057	(3)  A regional water supply authority is authorized to
1058	develop, construct, operate, maintain, or contract for
1059	alternative sources of potable water, including desalinated
1060	water, and pipelines to interconnect authority sources and
1061	facilities, either by itself or jointly with a water management
1062	district; however, such alternative potable water sources,
1063	facilities, and pipelines may also be privately developed,
1064	constructed, owned, operated, and maintained, in which event an
1065	authority and a water management district are authorized to
1066	pledge and contribute their funds to reduce the wholesale cost
1067	of water from such alternative sources of potable water supplied
1068	by an authority to its member governments.
1069	(4)  When it is found to be in the public interest, for the
1070	public convenience and welfare, for a public benefit, and
1071	necessary for carrying out the purpose of any regional water
1072	supply authority, any state agency, county, water control
1073	district existing pursuant to chapter 298, water management
1074	district existing pursuant to this chapter, municipality,
1075	governmental agency, or public corporation in this state holding
1076	title to any interest in land is hereby authorized, in its
1077	discretion, to convey the title to or dedicate land, title to
1078	which is in such entity, including tax-reverted land, or to
1079	grant use-rights therein, to any regional water supply authority
1080	created pursuant to this section. Land granted or conveyed to
1081	such authority shall be for the public purposes of such
1082	authority and may be made subject to the condition that in the
1083	event said land is not so used, or if used and subsequently its
1084	use for said purpose is abandoned, the interest granted shall
1085	cease as to such authority and shall automatically revert to the
1086	granting entity.
1087	(5)  Each county, special district, or municipality that is
1088	a party to an agreement pursuant to subsection (1) shall have a
1089	preferential right to purchase water from the regional water
1090	supply authority for use by such county, special district, or
1091	municipality.
1092	(6)  In carrying out the provisions of this section, any
1093	county wherein water is withdrawn by the authority shall not be
1094	deprived, directly or indirectly, of the prior right to the
1095	reasonable and beneficial use of water which is required
1096	adequately to supply the reasonable and beneficial needs of the
1097	county or any of the inhabitants or property owners therein.
1098	(7)  Upon a resolution adopted by the governing body of any
1099	county or municipality, the authority may, subject to a majority
1100	vote of its voting members, include such county or municipality
1101	in its regional water supply authority upon such terms and
1102	conditions as may be prescribed.
1103	(8)  The authority shall design, construct, operate, and
1104	maintain facilities in the locations and at the times necessary
1105	to ensure that an adequate water supply will be available to all
1106	citizens within the authority.
1107	(9)  Where a water supply authority exists pursuant to this
1108	section or s. 373.715 under a voluntary interlocal agreement
1109	that is consistent with requirements in s. 373.715(1)(b) and
1110	receives or maintains consumptive use permits under this
1111	voluntary agreement consistent with the water supply plan, if
1112	any, adopted by the governing board, such authority shall be
1113	exempt from consideration by the governing board or department
1114	of the factors specified in s. 373.223(3)(a)-(g) and the
1115	submissions required by s. 373.229(3). Such exemptions shall
1116	apply only to water sources within the jurisdictional areas of
1117	such voluntary water supply interlocal agreements.
1118	373.715  Assistance to West Coast Regional Water Supply
1119	Authority.--
1120	(1)  It is the intent of the Legislature to authorize the
1121	implementation of changes in governance recommended by the West
1122	Coast Regional Water Supply Authority in its reports to the
1123	Legislature dated February 1, 1997, and January 5, 1998. The
1124	authority and its member governments may reconstitute the
1125	authority's governance and rename the authority under a
1126	voluntary interlocal agreement with a term of not less than 20
1127	years. The interlocal agreement must comply with this subsection
1128	as follows:
1129	(a)  The authority and its member governments agree that
1130	cooperative efforts are mandatory to meet their water needs in a
1131	manner that will provide adequate and dependable supplies of
1132	water where needed without resulting in adverse environmental
1133	effects upon the areas from which the water is withdrawn or
1134	otherwise produced.
1135	(b)  In accordance with s. 4, Art. VIII of the State
1136	Constitution and notwithstanding s. 163.01, the interlocal
1137	agreement may include the following terms, which are considered
1138	approved by the parties without a vote of their electors, upon
1139	execution of the interlocal agreement by all member governments
1140	and upon satisfaction of all conditions precedent in the
1141	interlocal agreement:
1142	1.  All member governments shall relinquish to the
1143	authority their individual rights to develop potable water
1144	supply sources, except as otherwise provided in the interlocal
1145	agreement;
1146	2.  The authority shall be the sole and exclusive wholesale
1147	potable water supplier for all member governments; and
1148	3.  The authority shall have the absolute and unequivocal
1149	obligation to meet the wholesale needs of the member governments
1150	for potable water.
1151	4.  A member government may not restrict or prohibit the
1152	use of land within a member's jurisdictional boundaries by the
1153	authority for water supply purposes through use of zoning, land
1154	use, comprehensive planning, or other form of regulation.
1155	5.  A member government may not impose any tax, fee, or
1156	charge upon the authority in conjunction with the production or
1157	supply of water not otherwise provided for in the interlocal
1158	agreement.
1159	6.  The authority may use the powers provided in part II of
1160	chapter 159 for financing and refinancing water treatment,
1161	production, or transmission facilities, including, but not
1162	limited to, desalinization facilities. All such water treatment,
1163	production, or transmission facilities are considered a
1164	"manufacturing plant" for purposes of s. 159.27(5) and serve a
1165	paramount public purpose by providing water to citizens of the
1166	state.
1167	7.  A member government and any governmental or quasi-
1168	judicial board or commission established by local ordinance or
1169	general or special law where the governing membership of such
1170	board or commission is shared, in whole or in part, or appointed
1171	by a member government agreeing to be bound by the interlocal
1172	agreement shall be limited to the procedures set forth therein
1173	regarding actions that directly or indirectly restrict or
1174	prohibit the use of lands or other activities related to the
1175	production or supply of water.
1176	(c)  The authority shall acquire full or lesser interests
1177	in all regionally significant member government wholesale water
1178	supply facilities and tangible assets and each member government
1179	shall convey such interests in the facilities and assets to the
1180	authority, at an agreed value.
1181	(d)  The authority shall charge a uniform per gallon
1182	wholesale rate to member governments for the wholesale supply of
1183	potable water. All capital, operation, maintenance, and
1184	administrative costs for existing facilities and acquired
1185	facilities, authority master water plan facilities, and other
1186	future projects must be allocated to member governments based on
1187	water usage at the uniform per gallon wholesale rate.
1188	(e)  The interlocal agreement may include procedures for
1189	resolving the parties' differences regarding water management
1190	district proposed agency action in the water use permitting
1191	process within the authority. Such procedures should minimize
1192	the potential for litigation and include alternative dispute
1193	resolution. Any governmental or quasi-judicial board or
1194	commission established by local ordinance or general or special
1195	law where the governing members of such board or commission is
1196	shared, in whole or in part, or appointed by a member
1197	government, may agree to be bound by the dispute resolution
1198	procedures set forth in the interlocal agreement.
1199	(f)  Upon execution of the voluntary interlocal agreement
1200	provided for herein, the authority shall jointly develop with
1201	the Southwest Florida Water Management District alternative
1202	sources of potable water and transmission pipelines to
1203	interconnect regionally significant water supply sources and
1204	facilities of the authority in amounts sufficient to meet the
1205	needs of all member governments for a period of at least 20
1206	years and for natural systems. Nothing herein, however, shall
1207	preclude the authority and its member governments from
1208	developing traditional water sources pursuant to the voluntary
1209	interlocal agreement. Development and construction costs for
1210	alternative source facilities, which may include a desalination
1211	facility and significant regional interconnects, must be borne
1212	as mutually agreed to by both the authority and the Southwest
1213	Florida Water Management District. Nothing herein shall preclude
1214	authority or district cost sharing with private entities for the
1215	construction or ownership of alternative source facilities. By
1216	December 31, 1997, the authority and the Southwest Florida Water
1217	Management District shall enter into a mutually acceptable
1218	agreement detailing the development and implementation of
1219	directives contained in this paragraph. Nothing in this section
1220	shall be construed to modify the rights or responsibilities of
1221	the authority or its member governments, except as otherwise
1222	provided herein, or of the Southwest Florida Water Management
1223	District or the department pursuant to this chapter or chapter
1224	403 and as otherwise set forth by statutes.
1225	(g)  Unless otherwise provided in the interlocal agreement,
1226	the authority shall be governed by a board of commissioners
1227	consisting of nine voting members, all of whom must be elected
1228	officers, as follows:
1229	1.  Three members from Hillsborough County who must be
1230	selected by the county commission; provided, however, that one
1231	member shall be selected by the Mayor of Tampa in the event that
1232	the City of Tampa elects to be a member of the authority;
1233	2.  Three members from Pasco County, two of whom must be
1234	selected by the county commission and one of whom must be
1235	selected by the City Council of New Port Richey;
1236	3.  Three members from Pinellas County, two of whom must be
1237	selected by the county commission and one of whom must be
1238	selected by the City Council of St. Petersburg.
1239
1240	Except as otherwise provided in this section or in the voluntary
1241	interlocal agreement between the member governments, a majority
1242	vote shall bind the authority and its member governments in all
1243	matters relating to the funding of wholesale water supply,
1244	production, delivery, and related activities.
1245	(2)  The provisions of this section supersede any
1246	conflicting provisions contained in all other general or special
1247	laws or provisions thereof as they may apply directly or
1248	indirectly to the exclusivity of water supply or withdrawal of
1249	water, including provisions relating to the environmental
1250	effects, if any, in conjunction with the production and supply
1251	of potable water, and the provisions of this section are
1252	intended to be a complete revision of all laws related to a
1253	regional water supply authority created under s. 373.713 and
1254	this section.
1255	(3)  In lieu of the provisions in s. 373.713(2)(a), the
1256	Southwest Florida Water Management District shall assist the
1257	West Coast Regional Water Supply Authority for a period of 5
1258	years, terminating December 31, 1981, by levying an ad valorem
1259	tax, upon request of the authority, of not more than 0.05 mill
1260	on all taxable property within the limits of the authority.
1261	During such period the corresponding basin board ad valorem tax
1262	levies shall be reduced accordingly.
1263	(4)  The authority shall prepare its annual budget in the
1264	same manner as prescribed for the preparation of basin budgets,
1265	but such authority budget shall not be subject to review by the
1266	respective basin boards or by the governing board of the
1267	district.
1268	(5)  The annual millage for the authority shall be the
1269	amount required to raise the amount called for by the annual
1270	budget when applied to the total assessment on all taxable
1271	property within the limits of the authority, as determined for
1272	county taxing purposes.
1273	(6)  The authority may, by resolution, request the
1274	governing board of the district to levy ad valorem taxes within
1275	the boundaries of the authority. Upon receipt of such request,
1276	together with formal certification of the adoption of its annual
1277	budget and of the required tax levy, the authority tax levy
1278	shall be made by the governing board of the district to finance
1279	authority functions.
1280	(7)  The taxes provided for in this section shall be
1281	extended by the property appraiser on the county tax roll in
1282	each county within, or partly within, the authority boundaries
1283	and shall be collected by the tax collector in the same manner
1284	and time as county taxes, and the proceeds therefrom paid to the
1285	district which shall forthwith pay them over to the authority.
1286	Until paid, such taxes shall be a lien on the property against
1287	which assessed and enforceable in like manner as county taxes.
1288	The property appraisers, tax collectors, and clerks of the
1289	circuit court of the respective counties shall be entitled to
1290	compensation for services performed in connection with such
1291	taxes at the same rates as apply to county taxes.
1292	(8)  The governing board of the district shall not be
1293	responsible for any actions or lack of actions by the authority.
1294	Section 2.  Subsection (13) of section 120.52, Florida
1295	Statutes, is amended to read:
1296	120.52  Definitions.--As used in this act:
1297	(13)  "Party" means:
1298	(a)  Specifically named persons whose substantial interests
1299	are being determined in the proceeding.
1300	(b)  Any other person who, as a matter of constitutional
1301	right, provision of statute, or provision of agency regulation,
1302	is entitled to participate in whole or in part in the
1303	proceeding, or whose substantial interests will be affected by
1304	proposed agency action, and who makes an appearance as a party.
1305	(c)  Any other person, including an agency staff member,
1306	allowed by the agency to intervene or participate in the
1307	proceeding as a party. An agency may by rule authorize limited
1308	forms of participation in agency proceedings for persons who are
1309	not eligible to become parties.
1310	(d)  Any county representative, agency, department, or unit
1311	funded and authorized by state statute or county ordinance to
1312	represent the interests of the consumers of a county, when the
1313	proceeding involves the substantial interests of a significant
1314	number of residents of the county and the board of county
1315	commissioners has, by resolution, authorized the representative,
1316	agency, department, or unit to represent the class of interested
1317	persons. The authorizing resolution shall apply to a specific
1318	proceeding and to appeals and ancillary proceedings thereto, and
1319	it shall not be required to state the names of the persons whose
1320	interests are to be represented.
1321
1322	The term "party" does not include a member government of a
1323	regional water supply authority or a governmental or quasi-
1324	judicial board or commission established by local ordinance or
1325	special or general law where the governing membership of such
1326	board or commission is shared with, in whole or in part, or
1327	appointed by a member government of a regional water supply
1328	authority in proceedings under s. 120.569, s. 120.57, or s.
1329	120.68, to the extent that an interlocal agreement under ss.
1330	163.01 and 373.713 373.1962 exists in which the member
1331	government has agreed that its substantial interests are not
1332	affected by the proceedings or that it is to be bound by
1333	alternative dispute resolution in lieu of participating in the
1334	proceedings. This exclusion applies only to those particular
1335	types of disputes or controversies, if any, identified in an
1336	interlocal agreement.
1337	Section 3.  Subsection (13) of section 163.3167, Florida
1338	Statutes, is amended to read:
1339	163.3167  Scope of act.--
1340	(13)  Each local government shall address in its
1341	comprehensive plan, as enumerated in this chapter, the water
1342	supply sources necessary to meet and achieve the existing and
1343	projected water use demand for the established planning period,
1344	considering the applicable plan developed pursuant to s. 373.709
1345	373.0361.
1346	Section 4.  Paragraph (a) of subsection (4) and paragraphs
1347	(c), (d), and (h) of subsection (6) of section 163.3177, Florida
1348	Statutes, are amended to read:
1349	163.3177  Required and optional elements of comprehensive
1350	plan; studies and surveys.--
1351	(4)(a)  Coordination of the local comprehensive plan with
1352	the comprehensive plans of adjacent municipalities, the county,
1353	adjacent counties, or the region; with the appropriate water
1354	management district's regional water supply plans approved
1355	pursuant to s. 373.709 373.0361; with adopted rules pertaining
1356	to designated areas of critical state concern; and with the
1357	state comprehensive plan shall be a major objective of the local
1358	comprehensive planning process. To that end, in the preparation
1359	of a comprehensive plan or element thereof, and in the
1360	comprehensive plan or element as adopted, the governing body
1361	shall include a specific policy statement indicating the
1362	relationship of the proposed development of the area to the
1363	comprehensive plans of adjacent municipalities, the county,
1364	adjacent counties, or the region and to the state comprehensive
1365	plan, as the case may require and as such adopted plans or plans
1366	in preparation may exist.
1367	(6)  In addition to the requirements of subsections (1)-(5)
1368	and (12), the comprehensive plan shall include the following
1369	elements:
1370	(c)  A general sanitary sewer, solid waste, drainage,
1371	potable water, and natural groundwater aquifer recharge element
1372	correlated to principles and guidelines for future land use,
1373	indicating ways to provide for future potable water, drainage,
1374	sanitary sewer, solid waste, and aquifer recharge protection
1375	requirements for the area. The element may be a detailed
1376	engineering plan including a topographic map depicting areas of
1377	prime groundwater recharge. The element shall describe the
1378	problems and needs and the general facilities that will be
1379	required for solution of the problems and needs. The element
1380	shall also include a topographic map depicting any areas adopted
1381	by a regional water management district as prime groundwater
1382	recharge areas for the Floridan or Biscayne aquifers. These
1383	areas shall be given special consideration when the local
1384	government is engaged in zoning or considering future land use
1385	for said designated areas. For areas served by septic tanks,
1386	soil surveys shall be provided which indicate the suitability of
1387	soils for septic tanks. Within 18 months after the governing
1388	board approves an updated regional water supply plan, the
1389	element must incorporate the alternative water supply project or
1390	projects selected by the local government from those identified
1391	in the regional water supply plan pursuant to s. 373.709(2)(a)
1392	373.0361(2)(a) or proposed by the local government under s.
1393	373.709(7)(b) 373.0361(7)(b). If a local government is located
1394	within two water management districts, the local government
1395	shall adopt its comprehensive plan amendment within 18 months
1396	after the later updated regional water supply plan. The element
1397	must identify such alternative water supply projects and
1398	traditional water supply projects and conservation and reuse
1399	necessary to meet the water needs identified in s. 373.709(2)(a)
1400	373.0361(2)(a) within the local government's jurisdiction and
1401	include a work plan, covering at least a 10 year planning
1402	period, for building public, private, and regional water supply
1403	facilities, including development of alternative water supplies,
1404	which are identified in the element as necessary to serve
1405	existing and new development. The work plan shall be updated, at
1406	a minimum, every 5 years within 18 months after the governing
1407	board of a water management district approves an updated
1408	regional water supply plan. Amendments to incorporate the work
1409	plan do not count toward the limitation on the frequency of
1410	adoption of amendments to the comprehensive plan. Local
1411	governments, public and private utilities, regional water supply
1412	authorities, special districts, and water management districts
1413	are encouraged to cooperatively plan for the development of
1414	multijurisdictional water supply facilities that are sufficient
1415	to meet projected demands for established planning periods,
1416	including the development of alternative water sources to
1417	supplement traditional sources of groundwater and surface water
1418	supplies.
1419	(d)  A conservation element for the conservation, use, and
1420	protection of natural resources in the area, including air,
1421	water, water recharge areas, wetlands, waterwells, estuarine
1422	marshes, soils, beaches, shores, flood plains, rivers, bays,
1423	lakes, harbors, forests, fisheries and wildlife, marine habitat,
1424	minerals, and other natural and environmental resources,
1425	including factors that affect energy conservation. Local
1426	governments shall assess their current, as well as projected,
1427	water needs and sources for at least a 10-year period,
1428	considering the appropriate regional water supply plan approved
1429	pursuant to s. 373.709 373.0361, or, in the absence of an
1430	approved regional water supply plan, the district water
1431	management plan approved pursuant to s. 373.036(2). This
1432	information shall be submitted to the appropriate agencies. The
1433	land use map or map series contained in the future land use
1434	element shall generally identify and depict the following:
1435	1.  Existing and planned waterwells and cones of influence
1436	where applicable.
1437	2.  Beaches and shores, including estuarine systems.
1438	3.  Rivers, bays, lakes, flood plains, and harbors.
1439	4.  Wetlands.
1440	5.  Minerals and soils.
1441	6.  Energy conservation.
1442
1443	The land uses identified on such maps shall be consistent with
1444	applicable state law and rules.
1445	(h)1.  An intergovernmental coordination element showing
1446	relationships and stating principles and guidelines to be used
1447	in the accomplishment of coordination of the adopted
1448	comprehensive plan with the plans of school boards, regional
1449	water supply authorities, and other units of local government
1450	providing services but not having regulatory authority over the
1451	use of land, with the comprehensive plans of adjacent
1452	municipalities, the county, adjacent counties, or the region,
1453	with the state comprehensive plan and with the applicable
1454	regional water supply plan approved pursuant to s. 373.709
1455	373.0361, as the case may require and as such adopted plans or
1456	plans in preparation may exist. This element of the local
1457	comprehensive plan shall demonstrate consideration of the
1458	particular effects of the local plan, when adopted, upon the
1459	development of adjacent municipalities, the county, adjacent
1460	counties, or the region, or upon the state comprehensive plan,
1461	as the case may require.
1462	a.  The intergovernmental coordination element shall
1463	provide for procedures to identify and implement joint planning
1464	areas, especially for the purpose of annexation, municipal
1465	incorporation, and joint infrastructure service areas.
1466	b.  The intergovernmental coordination element shall
1467	provide for recognition of campus master plans prepared pursuant
1468	to s. 1013.30.
1469	c.  The intergovernmental coordination element may provide
1470	for a voluntary dispute resolution process as established
1471	pursuant to s. 186.509 for bringing to closure in a timely
1472	manner intergovernmental disputes. A local government may
1473	develop and use an alternative local dispute resolution process
1474	for this purpose.
1475	2.  The intergovernmental coordination element shall
1476	further state principles and guidelines to be used in the
1477	accomplishment of coordination of the adopted comprehensive plan
1478	with the plans of school boards and other units of local
1479	government providing facilities and services but not having
1480	regulatory authority over the use of land. In addition, the
1481	intergovernmental coordination element shall describe joint
1482	processes for collaborative planning and decisionmaking on
1483	population projections and public school siting, the location
1484	and extension of public facilities subject to concurrency, and
1485	siting facilities with countywide significance, including
1486	locally unwanted land uses whose nature and identity are
1487	established in an agreement. Within 1 year of adopting their
1488	intergovernmental coordination elements, each county, all the
1489	municipalities within that county, the district school board,
1490	and any unit of local government service providers in that
1491	county shall establish by interlocal or other formal agreement
1492	executed by all affected entities, the joint processes described
1493	in this subparagraph consistent with their adopted
1494	intergovernmental coordination elements.
1495	3.  To foster coordination between special districts and
1496	local general-purpose governments as local general-purpose
1497	governments implement local comprehensive plans, each
1498	independent special district must submit a public facilities
1499	report to the appropriate local government as required by s.
1500	189.415.
1501	4.a.  Local governments must execute an interlocal
1502	agreement with the district school board, the county, and
1503	nonexempt municipalities pursuant to s. 163.31777. The local
1504	government shall amend the intergovernmental coordination
1505	element to provide that coordination between the local
1506	government and school board is pursuant to the agreement and
1507	shall state the obligations of the local government under the
1508	agreement.
1509	b.  Plan amendments that comply with this subparagraph are
1510	exempt from the provisions of s. 163.3187(1).
1511	5.  The state land planning agency shall establish a
1512	schedule for phased completion and transmittal of plan
1513	amendments to implement subparagraphs 1., 2., and 3. from all
1514	jurisdictions so as to accomplish their adoption by December 31,
1515	1999. A local government may complete and transmit its plan
1516	amendments to carry out these provisions prior to the scheduled
1517	date established by the state land planning agency. The plan
1518	amendments are exempt from the provisions of s. 163.3187(1).
1519	6.  By January 1, 2004, any county having a population
1520	greater than 100,000, and the municipalities and special
1521	districts within that county, shall submit a report to the
1522	Department of Community Affairs which:
1523	a.  Identifies all existing or proposed interlocal service
1524	delivery agreements regarding the following: education; sanitary
1525	sewer; public safety; solid waste; drainage; potable water;
1526	parks and recreation; and transportation facilities.
1527	b.  Identifies any deficits or duplication in the provision
1528	of services within its jurisdiction, whether capital or
1529	operational. Upon request, the Department of Community Affairs
1530	shall provide technical assistance to the local governments in
1531	identifying deficits or duplication.
1532	7.  Within 6 months after submission of the report, the
1533	Department of Community Affairs shall, through the appropriate
1534	regional planning council, coordinate a meeting of all local
1535	governments within the regional planning area to discuss the
1536	reports and potential strategies to remedy any identified
1537	deficiencies or duplications.
1538	8.  Each local government shall update its
1539	intergovernmental coordination element based upon the findings
1540	in the report submitted pursuant to subparagraph 6. The report
1541	may be used as supporting data and analysis for the
1542	intergovernmental coordination element.
1543	Section 5.  Paragraph (l) of subsection (2) of section
1544	163.3191, Florida Statutes, is amended to read:
1545	163.3191  Evaluation and appraisal of comprehensive plan.--
1546	(2)  The report shall present an evaluation and assessment
1547	of the comprehensive plan and shall contain appropriate
1548	statements to update the comprehensive plan, including, but not
1549	limited to, words, maps, illustrations, or other media, related
1550	to:
1551	(l)  The extent to which the local government has been
1552	successful in identifying alternative water supply projects and
1553	traditional water supply projects, including conservation and
1554	reuse, necessary to meet the water needs identified in s.
1555	373.709(2)(a) 373.0361(2)(a) within the local government's
1556	jurisdiction. The report must evaluate the degree to which the
1557	local government has implemented the work plan for building
1558	public, private, and regional water supply facilities, including
1559	development of alternative water supplies, identified in the
1560	element as necessary to serve existing and new development.
1561	Section 6.  Paragraphs (c) and (d) of subsection (4) of
1562	section 189.404, Florida Statutes, are amended to read:
1563	189.404  Legislative intent for the creation of independent
1564	special districts; special act prohibitions; model elements and
1565	other requirements; general-purpose local government/Governor
1566	and Cabinet creation authorizations.--
1567	(4)  LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION
1568	AUTHORIZATIONS.--Except as otherwise authorized by general law,
1569	only the Legislature may create independent special districts.
1570	(c)  The Governor and Cabinet may create an independent
1571	special district which shall be established by rule in
1572	accordance with s. 190.005 or as otherwise authorized in general
1573	law. The Governor and Cabinet may also approve the establishment
1574	of a charter for the creation of an independent special district
1575	which shall be in accordance with s. 373.713 373.1962, or as
1576	otherwise authorized in general law.
1577	(d)1.  Any combination of two or more counties may create a
1578	regional special district which shall be established in
1579	accordance with s. 950.001, or as otherwise authorized in
1580	general law.
1581	2.  Any combination of two or more counties or
1582	municipalities may create a regional special district which
1583	shall be established in accordance with s. 373.713 373.1962, or
1584	as otherwise authorized by general law.
1585	3.  Any combination of two or more counties,
1586	municipalities, or other political subdivisions may create a
1587	regional special district in accordance with s. 163.567, or as
1588	otherwise authorized in general law.
1589	Section 7.  Subsection (3) of section 189.4155, Florida
1590	Statutes, is amended to read:
1591	189.4155  Activities of special districts; local government
1592	comprehensive planning.--
1593	(3)  The provisions of this section shall not apply to
1594	water management districts created pursuant to s. 373.069, to
1595	regional water supply authorities created pursuant to s. 373.713
1596	373.1962, or to spoil disposal sites owned or used by the
1597	Federal Government.
1598	Section 8.  Section 189.4156, Florida Statutes, is amended
1599	to read:
1600	189.4156  Water management district technical assistance;
1601	local government comprehensive planning.--Water management
1602	districts shall assist local governments in the development of
1603	local government comprehensive plan elements related to water
1604	resource issues as required by s. 373.711 373.0391.
1605	Section 9.  Subsection (7) of section 367.021, Florida
1606	Statutes, is amended to read:
1607	367.021  Definitions.--As used in this chapter, the
1608	following words or terms shall have the meanings indicated:
1609	(7)  "Governmental authority" means a political
1610	subdivision, as defined by s. 1.01(8), a regional water supply
1611	authority created pursuant to s. 373.713 373.1962, or a
1612	nonprofit corporation formed for the purpose of acting on behalf
1613	of a political subdivision with respect to a water or wastewater
1614	facility.
1615	Section 10.  Subsection (17) of section 373.019, Florida
1616	Statutes, is amended to read:
1617	373.019  Definitions.--When appearing in this chapter or in
1618	any rule, regulation, or order adopted pursuant thereto, the
1619	term:
1620	(17)  "Regional water supply plan" means a detailed water
1621	supply plan developed by a governing board under s. 373.709
1622	373.0361.
1623	Section 11.  Subsection (2) of section 373.0421, Florida
1624	Statutes, is amended to read:
1625	373.0421  Establishment and implementation of minimum flows
1626	and levels.--
1627	(2)  If the existing flow or level in a water body is
1628	below, or is projected to fall within 20 years below, the
1629	applicable minimum flow or level established pursuant to s.
1630	373.042, the department or governing board, as part of the
1631	regional water supply plan described in s. 373.709 373.0361,
1632	shall expeditiously implement a recovery or prevention strategy,
1633	which includes the development of additional water supplies and
1634	other actions, consistent with the authority granted by this
1635	chapter, to:
1636	(a)  Achieve recovery to the established minimum flow or
1637	level as soon as practicable; or
1638	(b)  Prevent the existing flow or level from falling below
1639	the established minimum flow or level.
1640
1641	The recovery or prevention strategy shall include phasing or a
1642	timetable which will allow for the provision of sufficient water
1643	supplies for all existing and projected reasonable-beneficial
1644	uses, including development of additional water supplies and
1645	implementation of conservation and other efficiency measures
1646	concurrent with, to the extent practical, and to offset,
1647	reductions in permitted withdrawals, consistent with the
1648	provisions of this chapter.
1649	Section 12.  Subsection (4) of section 373.0695, Florida
1650	Statutes, is amended to read:
1651	373.0695  Duties of basin boards; authorized
1652	expenditures.--
1653	(4)  In the exercise of the duties and powers granted
1654	herein, the basin boards shall be subject to all the limitations
1655	and restrictions imposed on the water management districts in s.
1656	373.703 373.1961.
1657	Section 13.  Subsections (3) and (5) of section 373.223,
1658	Florida Statutes, are amended to read:
1659	373.223  Conditions for a permit.--
1660	(3)  Except for the transport and use of water supplied by
1661	the Central and Southern Florida Flood Control Project, and
1662	anywhere in the state when the transport and use of water is
1663	supplied exclusively for bottled water as defined in s.
1664	500.03(1)(d), any water use permit applications pending as of
1665	April 1, 1998, with the Northwest Florida Water Management
1666	District and self-suppliers of water for which the proposed
1667	water source and area of use or application are located on
1668	contiguous private properties, when evaluating whether a
1669	potential transport and use of ground or surface water across
1670	county boundaries is consistent with the public interest,
1671	pursuant to paragraph (1)(c), the governing board or department
1672	shall consider:
1673	(a)  The proximity of the proposed water source to the area
1674	of use or application.
1675	(b)  All impoundments, streams, groundwater sources, or
1676	watercourses that are geographically closer to the area of use
1677	or application than the proposed source, and that are
1678	technically and economically feasible for the proposed transport
1679	and use.
1680	(c)  All economically and technically feasible alternatives
1681	to the proposed source, including, but not limited to,
1682	desalination, conservation, reuse of nonpotable reclaimed water
1683	and stormwater, and aquifer storage and recovery.
1684	(d)  The potential environmental impacts that may result
1685	from the transport and use of water from the proposed source,
1686	and the potential environmental impacts that may result from use
1687	of the other water sources identified in paragraphs (b) and (c).
1688	(e)  Whether existing and reasonably anticipated sources of
1689	water and conservation efforts are adequate to supply water for
1690	existing legal uses and reasonably anticipated future needs of
1691	the water supply planning region in which the proposed water
1692	source is located.
1693	(f)  Consultations with local governments affected by the
1694	proposed transport and use.
1695	(g)  The value of the existing capital investment in water-
1696	related infrastructure made by the applicant.
1697
1698	Where districtwide water supply assessments and regional water
1699	supply plans have been prepared pursuant to ss. 373.036 and
1700	373.709 373.0361, the governing board or the department shall
1701	use the applicable plans and assessments as the basis for its
1702	consideration of the applicable factors in this subsection.
1703	(5)  In evaluating an application for consumptive use of
1704	water which proposes the use of an alternative water supply
1705	project as described in the regional water supply plan and
1706	provides reasonable assurances of the applicant's capability to
1707	design, construct, operate, and maintain the project, the
1708	governing board or department shall presume that the alternative
1709	water supply use is consistent with the public interest under
1710	paragraph (1)(c). However, where the governing board identifies
1711	the need for a multijurisdictional water supply entity or
1712	regional water supply authority to develop the alternative water
1713	supply project pursuant to s. 373.709(2)(a)2. 373.0361(2)(a)2.,
1714	the presumption shall be accorded only to that use proposed by
1715	such entity or authority. This subsection does not effect
1716	evaluation of the use pursuant to the provisions of paragraphs
1717	(1)(a) and (b), subsections (2) and (3), and ss. 373.2295 and
1718	373.233.
1719	Section 14.  Section 373.2234, Florida Statutes, is amended
1720	to read:
1721	373.2234  Preferred water supply sources.--The governing
1722	board of a water management district is authorized to adopt
1723	rules that identify preferred water supply sources for
1724	consumptive uses for which there is sufficient data to establish
1725	that a preferred source will provide a substantial new water
1726	supply to meet the existing and projected reasonable-beneficial
1727	uses of a water supply planning region identified pursuant to s.
1728	373.709(1) 373.0361(1), while sustaining existing water
1729	resources and natural systems. At a minimum, such rules must
1730	contain a description of the preferred water supply source and
1731	an assessment of the water the preferred source is projected to
1732	produce. If an applicant proposes to use a preferred water
1733	supply source, that applicant's proposed water use is subject to
1734	s. 373.223(1), except that the proposed use of a preferred water
1735	supply source must be considered by a water management district
1736	when determining whether a permit applicant's proposed use of
1737	water is consistent with the public interest pursuant to s.
1738	373.223(1)(c). A consumptive use permit issued for the use of a
1739	preferred water supply source must be granted, when requested by
1740	the applicant, for at least a 20-year period and may be subject
1741	to the compliance reporting provisions of s. 373.236(4). Nothing
1742	in this section shall be construed to exempt the use of
1743	preferred water supply sources from the provisions of ss.
1744	373.016(4) and 373.223(2) and (3), or be construed to provide
1745	that permits issued for the use of a nonpreferred water supply
1746	source must be issued for a duration of less than 20 years or
1747	that the use of a nonpreferred water supply source is not
1748	consistent with the public interest. Additionally, nothing in
1749	this section shall be interpreted to require the use of a
1750	preferred water supply source or to restrict or prohibit the use
1751	of a nonpreferred water supply source. Rules adopted by the
1752	governing board of a water management district to implement this
1753	section shall specify that the use of a preferred water supply
1754	source is not required and that the use of a nonpreferred water
1755	supply source is not restricted or prohibited.
1756	Section 15.  Subsection (3) of section 373.229, Florida
1757	Statutes, is amended to read:
1758	373.229  Application for permit.--
1759	(3)  In addition to the information required in subsection
1760	(1), all permit applications filed with the governing board or
1761	the department which propose the transport and use of water
1762	across county boundaries shall include information pertaining to
1763	factors to be considered, pursuant to s. 373.223(3), unless
1764	exempt under s. 373.713(9) 373.1962(9).
1765	Section 16.  Paragraph (a) of subsection (6) of section
1766	373.536, Florida Statutes, is amended to read:
1767	373.536  District budget and hearing thereon.--
1768	(6)  FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
1769	WATER RESOURCE DEVELOPMENT WORK PROGRAM.--
1770	(a)  Each district must, by the date specified for each
1771	item, furnish copies of the following documents to the Governor,
1772	the President of the Senate, the Speaker of the House of
1773	Representatives, the chairs of all legislative committees and
1774	subcommittees having substantive or fiscal jurisdiction over the
1775	districts, as determined by the President of the Senate or the
1776	Speaker of the House of Representatives as applicable, the
1777	secretary of the department, and the governing board of each
1778	county in which the district has jurisdiction or derives any
1779	funds for the operations of the district:
1780	1.  The adopted budget, to be furnished within 10 days
1781	after its adoption.
1782	2.  A financial audit of its accounts and records, to be
1783	furnished within 10 days after its acceptance by the governing
1784	board. The audit must be conducted in accordance with the
1785	provisions of s. 11.45 and the rules adopted thereunder. In
1786	addition to the entities named above, the district must provide
1787	a copy of the audit to the Auditor General within 10 days after
1788	its acceptance by the governing board.
1789	3.  A 5-year capital improvements plan, to be included in
1790	the consolidated annual report required by s. 373.036(7). The
1791	plan must include expected sources of revenue for planned
1792	improvements and must be prepared in a manner comparable to the
1793	fixed capital outlay format set forth in s. 216.043.
1794	4.  A 5-year water resource development work program to be
1795	furnished within 30 days after the adoption of the final budget.
1796	The program must describe the district's implementation strategy
1797	for the water resource development component of each approved
1798	regional water supply plan developed or revised under s. 373.709
1799	373.0361. The work program must address all the elements of the
1800	water resource development component in the district's approved
1801	regional water supply plans and must identify which projects in
1802	the work program will provide water, explain how each water
1803	resource development project will produce additional water
1804	available for consumptive uses, estimate the quantity of water
1805	to be produced by each project, and provide an assessment of the
1806	contribution of the district's regional water supply plans in
1807	providing sufficient water to meet the water supply needs of
1808	existing and future reasonable-beneficial uses for a 1-in-10-
1809	year drought event. Within 30 days after its submittal, the
1810	department shall review the proposed work program and submit its
1811	findings, questions, and comments to the district. The review
1812	must include a written evaluation of the program's consistency
1813	with the furtherance of the district's approved regional water
1814	supply plans, and the adequacy of proposed expenditures. As part
1815	of the review, the department shall give interested parties the
1816	opportunity to provide written comments on each district's
1817	proposed work program. Within 45 days after receipt of the
1818	department's evaluation, the governing board shall state in
1819	writing to the department which changes recommended in the
1820	evaluation it will incorporate into its work program submitted
1821	as part of the March 1 consolidated annual report required by s.
1822	373.036(7) or specify the reasons for not incorporating the
1823	changes. The department shall include the district's responses
1824	in a final evaluation report and shall submit a copy of the
1825	report to the Governor, the President of the Senate, and the
1826	Speaker of the House of Representatives.
1827	Section 17.  Subsection (11) of section 373.59, Florida
1828	Statutes, is amended to read:
1829	373.59  Water Management Lands Trust Fund.--
1830	(11)  Notwithstanding any provision of this section to the
1831	contrary, the governing board of a water management district may
1832	request, and the Secretary of Environmental Protection shall
1833	release upon such request, moneys allocated to the districts
1834	pursuant to subsection (8) for purposes consistent with the
1835	provisions of s. 373.709 373.0361, s. 373.705 373.0831, s.
1836	373.139, or ss. 373.451-373.4595 and for legislatively
1837	authorized land acquisition and water restoration initiatives.
1838	No funds may be used pursuant to this subsection until necessary
1839	debt service obligations, requirements for payments in lieu of
1840	taxes, and land management obligations that may be required by
1841	this chapter are provided for.
1842	Section 18.  Paragraph (g) of subsection (1) of section
1843	378.212, Florida Statutes, is amended to read:
1844	378.212  Variances.--
1845	(1)  Upon application, the secretary may grant a variance
1846	from the provisions of this part or the rules adopted pursuant
1847	thereto. Variances and renewals thereof may be granted for any
1848	one of the following reasons:
1849	(g)  To accommodate reclamation that provides water supply
1850	development or water resource development not inconsistent with
1851	the applicable regional water supply plan approved pursuant to
1852	s. 373.709 373.0361, provided adverse impacts are not caused to
1853	the water resources in the basin. A variance may also be granted
1854	from the requirements of part IV of chapter 373, or the rules
1855	adopted thereunder, when a project provides an improvement in
1856	water availability in the basin and does not cause adverse
1857	impacts to water resources in the basin.
1858	Section 19.  Subsection (9) of section 378.404, Florida
1859	Statutes, is amended to read:
1860	378.404  Department of Environmental Protection; powers and
1861	duties.--The department shall have the following powers and
1862	duties:
1863	(9)  To grant variances from the provisions of this part to
1864	accommodate reclamation that provides for water supply
1865	development or water resource development not inconsistent with
1866	the applicable regional water supply plan approved pursuant to
1867	s. 373.709 373.0361, appropriate stormwater management, improved
1868	wildlife habitat, recreation, or a mixture thereof, provided
1869	adverse impacts are not caused to the water resources in the
1870	basin and public health and safety are not adversely affected.
1871	Section 20.  Paragraph (a) of subsection (3) of section
1872	403.0891, Florida Statutes, is amended to read:
1873	403.0891  State, regional, and local stormwater management
1874	plans and programs.--The department, the water management
1875	districts, and local governments shall have the responsibility
1876	for the development of mutually compatible stormwater management
1877	programs.
1878	(3)(a)  Each local government required by chapter 163 to
1879	submit a comprehensive plan, whose plan is submitted after July
1880	1, 1992, and the others when updated after July 1, 1992, in the
1881	development of its stormwater management program described by
1882	elements within its comprehensive plan shall consider the water
1883	resource implementation rule, district stormwater management
1884	goals, plans approved pursuant to the Surface Water Improvement
1885	and Management Act, ss. 373.451-373.4595, and technical
1886	assistance information provided by the water management
1887	districts pursuant to s. 373.711 373.0391.
1888	Section 21.  Paragraph (a) of subsection (1) and paragraph
1889	(a) of subsection (2) of section 403.890, Florida Statutes, are
1890	amended to read:
1891	403.890  Water Protection and Sustainability Program;
1892	intent; goals; purposes.--
1893	(1)  Effective July 1, 2006, revenues transferred from the
1894	Department of Revenue pursuant to s. 201.15(1)(c)2. shall be
1895	deposited into the Water Protection and Sustainability Program
1896	Trust Fund in the Department of Environmental Protection. These
1897	revenues and any other additional revenues deposited into or
1898	appropriated to the Water Protection and Sustainability Program
1899	Trust Fund shall be distributed by the Department of
1900	Environmental Protection in the following manner:
1901	(a)  Sixty percent to the Department of Environmental
1902	Protection for the implementation of an alternative water supply
1903	program as provided in s. 373.703 373.1961.
1904	(2)  Applicable beginning in the 2007-2008 fiscal year,
1905	revenues transferred from the Department of Revenue pursuant to
1906	s. 201.15(1)(d)2. shall be deposited into the Water Protection
1907	and Sustainability Program Trust Fund in the Department of
1908	Environmental Protection. These revenues and any other
1909	additional revenues deposited into or appropriated to the Water
1910	Protection and Sustainability Program Trust Fund shall be
1911	distributed by the Department of Environmental Protection in the
1912	following manner:
1913	(a)  Sixty-five percent to the Department of Environmental
1914	Protection for the implementation of an alternative water supply
1915	program as provided in s. 373.703 373.1961.
1916	Section 22.  Section 682.02, Florida Statutes, is amended
1917	to read:
1918	682.02  Arbitration agreements made valid, irrevocable, and
1919	enforceable; scope.--Two or more parties may agree in writing to
1920	submit to arbitration any controversy existing between them at
1921	the time of the agreement, or they may include in a written
1922	contract a provision for the settlement by arbitration of any
1923	controversy thereafter arising between them relating to such
1924	contract or the failure or refusal to perform the whole or any
1925	part thereof. This section also applies to written interlocal
1926	agreements under ss. 163.01 and 373.713 373.1962 in which two or
1927	more parties agree to submit to arbitration any controversy
1928	between them concerning water use permit applications and other
1929	matters, regardless of whether or not the water management
1930	district with jurisdiction over the subject application is a
1931	party to the interlocal agreement or a participant in the
1932	arbitration. Such agreement or provision shall be valid,
1933	enforceable, and irrevocable without regard to the justiciable
1934	character of the controversy; provided that this act shall not
1935	apply to any such agreement or provision to arbitrate in which
1936	it is stipulated that this law shall not apply or to any
1937	arbitration or award thereunder.
1938	Section 23.  Section 373.71, Florida Statutes, is
1939	renumbered as section 373.69, Florida Statutes.
1940	Section 24.  Sections 373.0361, 373.0391, 373.0831,
1941	373.196, 373.1961, 373.1962, and 373.1963, Florida Statutes, are
1942	repealed.
1943	Section 25.  This act shall take effect July 1, 2009.

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