HB 1109

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, 373.036, 373.0363, 373.0421,
97	373.0695, 373.223, 373.2234, 373.229, 373.236, 373.536,
98	373.59, 378.212, 378.404, 403.0891, 403.890, 403.891, and
99	682.02, F.S.; conforming cross-references and removing
100	obsolete provisions; renumbering s. 373.71, F.S., relating
101	to the Apalachicola-Chattahoochee-Flint River Basin
102	Compact, to clarify retention of the section in part VI of
103	ch. 373, F.S.; repealing s. 373.0361, F.S., relating to
104	regional water supply planning; repealing s. 373.0391,
105	F.S., relating to technical assistance to local
106	governments; repealing s. 373.0831, F.S., relating to
107	water resource and water supply development; repealing s.
108	373.196, F.S., relating to alternative water supply
109	development; repealing s. 373.1961, F.S., relating to
110	water production and related powers and duties of water
111	management districts; repealing s. 373.1962, F.S.,
112	relating to regional water supply authorities; repealing
113	s. 373.1963, F.S., relating to assistance to the West
114	Coast Regional Water Supply Authority; providing an
115	effective date.
116
117	Be It Enacted by the Legislature of the State of Florida:
118
119	Section 1.  Part VII of chapter 373, Florida Statutes,
120	consisting of sections 373.701, 373.703, 373.705, 373.707,
121	373.709, 373.711, 373.713, and 373.715, is created to read:
122	PART VII
123	WATER SUPPLY POLICY, PLANNING, PRODUCTION, AND FUNDING
124	373.701  Declaration of policy.-It is declared to be the
125	policy of the Legislature:
126	(1)  To promote the availability of sufficient water for
127	all existing and future reasonable-beneficial uses and natural
128	systems.
129	(2)(a)  Because water constitutes a public resource
130	benefiting the entire state, it is the policy of the Legislature
131	that the waters in the state be managed on a state and regional
132	basis. Consistent with this directive, the Legislature
133	recognizes the need to allocate water throughout the state so as
134	to meet all reasonable-beneficial uses. However, the Legislature
135	acknowledges that such allocations have in the past adversely
136	affected the water resources of certain areas in this state. To
137	protect such water resources and to meet the current and future
138	needs of those areas with abundant water, the Legislature
139	directs the department and the water management districts to
140	encourage the use of water from sources nearest the area of use
141	or application whenever practicable. Such sources shall include
142	all naturally occurring water sources and all alternative water
143	sources, including, but not limited to, desalination,
144	conservation, reuse of nonpotable reclaimed water and
145	stormwater, and aquifer storage and recovery. Reuse of potable
146	reclaimed water and stormwater shall not be subject to the
147	evaluation described in s. 373.223(3)(a)-(g). However, this
148	directive to encourage the use of water, whenever practicable,
149	from sources nearest the area of use or application shall not
150	apply to the transport and direct and indirect use of water
151	within the area encompassed by the Central and Southern Florida
152	Flood Control Project, nor shall it apply anywhere in the state
153	to the transport and use of water supplied exclusively for
154	bottled water as defined in s. 500.03(1)(d), nor shall it apply
155	to the transport and use of reclaimed water for electrical power
156	production by an electric utility as defined in s. 366.02(2).
157	(b)  In establishing the policy outlined in paragraph (a),
158	the Legislature realizes that under certain circumstances the
159	need to transport water from distant sources may be necessary
160	for environmental, technical, or economic reasons.
161	(3)  Cooperative efforts between municipalities, counties,
162	water management districts, and the department are mandatory in
163	order to meet the water needs of rapidly urbanizing areas in a
164	manner that will supply adequate and dependable supplies of
165	water where needed without resulting in adverse effects upon the
166	areas from which such water is withdrawn. Such efforts should
167	use all practical means of obtaining water, including, but not
168	limited to, withdrawals of surface water and groundwater, reuse,
169	and desalination and will necessitate not only cooperation but
170	also well-coordinated activities. Municipalities, counties, and
171	special districts are encouraged to create regional water supply
172	authorities as authorized in s. 373.713 or multijurisdictional
173	water supply entities.
174	373.703  Water production; powers and duties.-In the
175	performance of, and in conjunction with, its other powers and
176	duties, the governing board of a water management district
177	existing pursuant to this chapter:
178	(1)  Shall engage in planning to assist counties,
179	municipalities, special districts, publicly owned and privately
180	owned water utilities, multijurisdictional water supply
181	entities, or regional water supply authorities in meeting water
182	supply needs in such manner as will give priority to encouraging
183	conservation and reducing adverse environmental effects of
184	improper or excessive withdrawals of water from concentrated
185	areas. As used in this section and s. 373.707, regional water
186	supply authorities are regional water authorities created under
187	s. 373.713 or other laws of this state.
188	(2)  Shall assist counties, municipalities, special
189	districts, publicly owned or privately owned water utilities,
190	multijurisdictional water supply entities, or regional water
191	supply authorities in meeting water supply needs in such manner
192	as will give priority to encouraging conservation and reducing
193	adverse environmental effects of improper or excessive
194	withdrawals of water from concentrated areas.
195	(3)  May establish, design, construct, operate, and
196	maintain water production and transmission facilities for the
197	purpose of supplying water to counties, municipalities, special
198	districts, publicly owned and privately owned water utilities,
199	multijurisdictional water supply entities, or regional water
200	supply authorities. The permit required by part II of this
201	chapter for a water management district engaged in water
202	production and transmission shall be granted, denied, or granted
203	with conditions by the department.
204	(4)  Shall not engage in local water supply distribution.
205	(5)  Shall not deprive, directly or indirectly, any county
206	wherein water is withdrawn of the prior right to the reasonable
207	and beneficial use of water which is required to supply
208	adequately the reasonable and beneficial needs of the county or
209	any of the inhabitants or property owners therein.
210	(6)  May provide water and financial assistance to regional
211	water supply authorities, but may not provide water to counties
212	and municipalities which are located within the area of such
213	authority without the specific approval of the authority or, in
214	the event of the authority's disapproval, the approval of the
215	Governor and Cabinet sitting as the Land and Water Adjudicatory
216	Commission. The district may supply water at rates and upon
217	terms mutually agreed to by the parties or, if they do not
218	agree, as set by the governing board and specifically approved
219	by the Governor and Cabinet sitting as the Land and Water
220	Adjudicatory Commission.
221	(7)  May acquire title to such interest as is necessary in
222	real property, by purchase, gift, devise, lease, eminent domain,
223	or otherwise, for water production and transmission consistent
224	with this section and s. 373.707. However, the district shall
225	not use any of the eminent domain powers herein granted to
226	acquire water and water rights already devoted to reasonable and
227	beneficial use or any water production or transmission
228	facilities owned by any county, municipality, or regional water
229	supply authority. The district may exercise eminent domain
230	powers outside of its district boundaries for the acquisition of
231	pumpage facilities, storage areas, transmission facilities, and
232	the normal appurtenances thereto, provided that at least 45 days
233	prior to the exercise of eminent domain, the district notifies
234	the district where the property is located after public notice
235	and the district where the property is located does not object
236	within 45 days after notification of such exercise of eminent
237	domain authority.
238	(8)  In addition to the power to issue revenue bonds
239	pursuant to s. 373.584, may issue revenue bonds for the purposes
240	of paying the costs and expenses incurred in carrying out the
241	purposes of this chapter or refunding obligations of the
242	district issued pursuant to this section. Such revenue bonds
243	shall be secured by, and be payable from, revenues derived from
244	the operation, lease, or use of its water production and
245	transmission facilities and other water-related facilities and
246	from the sale of water or services relating thereto. Such
247	revenue bonds may not be secured by, or be payable from, moneys
248	derived by the district from the Water Management Lands Trust
249	Fund or from ad valorem taxes received by the district. All
250	provisions of s. 373.584 relating to the issuance of revenue
251	bonds which are not inconsistent with this section shall apply
252	to the issuance of revenue bonds pursuant to this section. The
253	district may also issue bond anticipation notes in accordance
254	with the provisions of s. 373.584.
255	(9)  May join with one or more other water management
256	districts, counties, municipalities, special districts, publicly
257	owned or privately owned water utilities, multijurisdictional
258	water supply entities, or regional water supply authorities for
259	the purpose of carrying out any of its powers, and may contract
260	with such other entities to finance acquisitions, construction,
261	operation, and maintenance. The contract may provide for
262	contributions to be made by each party thereto, for the division
263	and apportionment of the expenses of acquisitions, construction,
264	operation, and maintenance, and for the division and
265	apportionment of the benefits, services, and products therefrom.
266	The contracts may contain other covenants and agreements
267	necessary and appropriate to accomplish their purposes.
268	373.705  Water resource development; water supply
269	development.-
270	(1)  The Legislature finds that:
271	(a)  The proper role of the water management districts in
272	water supply is primarily planning and water resource
273	development, but this does not preclude them from providing
274	assistance with water supply development.
275	(b)  The proper role of local government, regional water
276	supply authorities, and government-owned and privately owned
277	water utilities in water supply is primarily water supply
278	development, but this does not preclude them from providing
279	assistance with water resource development.
280	(c)  Water resource development and water supply
281	development must receive priority attention, where needed, to
282	increase the availability of sufficient water for all existing
283	and future reasonable-beneficial uses and natural systems.
284	(2)  It is the intent of the Legislature that:
285	(a)  Sufficient water be available for all existing and
286	future reasonable-beneficial uses and the natural systems, and
287	that the adverse effects of competition for water supplies be
288	avoided.
289	(b)  Water management districts take the lead in
290	identifying and implementing water resource development
291	projects, and be responsible for securing necessary funding for
292	regionally significant water resource development projects.
293	(c)  Local governments, regional water supply authorities,
294	and government-owned and privately owned water utilities take
295	the lead in securing funds for and implementing water supply
296	development projects. Generally, direct beneficiaries of water
297	supply development projects should pay the costs of the projects
298	from which they benefit, and water supply development projects
299	should continue to be paid for through local funding sources.
300	(d)  Water supply development be conducted in coordination
301	with water management district regional water supply planning
302	and water resource development.
303	(3)  The water management districts shall fund and
304	implement water resource development as defined in s. 373.019.
305	The water management districts are encouraged to implement water
306	resource development as expeditiously as possible in areas
307	subject to regional water supply plans. Each governing board
308	shall include in its annual budget the amount needed for the
309	fiscal year to implement water resource development projects, as
310	prioritized in its regional water supply plans.
311	(4)(a)  Water supply development projects which are
312	consistent with the relevant regional water supply plans and
313	which meet one or more of the following criteria shall receive
314	priority consideration for state or water management district
315	funding assistance:
316	1.  The project supports establishment of a dependable,
317	sustainable supply of water which is not otherwise financially
318	feasible;
319	2.  The project provides substantial environmental benefits
320	by preventing or limiting adverse water resource impacts, but
321	requires funding assistance to be economically competitive with
322	other options; or
323	3.  The project significantly implements reuse, storage,
324	recharge, or conservation of water in a manner that contributes
325	to the sustainability of regional water sources.
326	(b)  Water supply development projects that meet the
327	criteria in paragraph (a) and that meet one or more of the
328	following additional criteria shall be given first consideration
329	for state or water management district funding assistance:
330	1.  The project brings about replacement of existing
331	sources in order to help implement a minimum flow or level; or
332	2.  The project implements reuse that assists in the
333	elimination of domestic wastewater ocean outfalls as provided in
334	s. 403.086(9).
335	373.707  Alternative water supply development.-
336	(1)  The purpose of this section is to encourage
337	cooperation in the development of water supplies and to provide
338	for alternative water supply development.
339	(a)  Demands on natural supplies of fresh water to meet the
340	needs of a rapidly growing population and the needs of the
341	environment, agriculture, industry, and mining will continue to
342	increase.
343	(b)  There is a need for the development of alternative
344	water supplies for Florida to sustain its economic growth,
345	economic viability, and natural resources.
346	(c)  Cooperative efforts between municipalities, counties,
347	special districts, water management districts, and the
348	Department of Environmental Protection are mandatory in order to
349	meet the water needs of rapidly urbanizing areas in a manner
350	that will supply adequate and dependable supplies of water where
351	needed without resulting in adverse effects upon the areas from
352	which such water is withdrawn. Such efforts should use all
353	practical means of obtaining water, including, but not limited
354	to, withdrawals of surface water and groundwater, reuse, and
355	desalinization, and will necessitate not only cooperation but
356	also well-coordinated activities. Municipalities, counties, and
357	special districts are encouraged to create regional water supply
358	authorities as authorized in s. 373.713 or multijurisdictional
359	water supply entities.
360	(d)  Alternative water supply development must receive
361	priority funding attention to increase the available supplies of
362	water to meet all existing and future reasonable-beneficial uses
363	and to benefit the natural systems.
364	(e)  Cooperation between counties, municipalities, regional
365	water supply authorities, multijurisdictional water supply
366	entities, special districts, and publicly owned and privately
367	owned water utilities in the development of countywide and
368	multicountywide alternative water supply projects will allow for
369	necessary economies of scale and efficiencies to be achieved in
370	order to accelerate the development of new, dependable, and
371	sustainable alternative water supplies.
372	(f)  It is in the public interest that county, municipal,
373	industrial, agricultural, and other public and private water
374	users, the Department of Environmental Protection, and the water
375	management districts cooperate and work together in the
376	development of alternative water supplies to avoid the adverse
377	effects of competition for limited supplies of water. Public
378	moneys or services provided to private entities for alternative
379	water supply development may constitute public purposes that
380	also are in the public interest.
381	(2)(a)  Sufficient water must be available for all existing
382	and future reasonable-beneficial uses and the natural systems,
383	and the adverse effects of competition for water supplies must
384	be avoided.
385	(b)  Water supply development and alternative water supply
386	development must be conducted in coordination with water
387	management district regional water supply planning.
388	(c)  Funding for the development of alternative water
389	supplies shall be a shared responsibility of water suppliers and
390	users, the State of Florida, and the water management districts,
391	with water suppliers and users having the primary responsibility
392	and the State of Florida and the water management districts
393	being responsible for providing funding assistance.
394	(3)  The primary roles of the water management districts in
395	water resource development as it relates to supporting
396	alternative water supply development are:
397	(a)  The formulation and implementation of regional water
398	resource management strategies that support alternative water
399	supply development;
400	(b)  The collection and evaluation of surface water and
401	groundwater data to be used for a planning level assessment of
402	the feasibility of alternative water supply development
403	projects;
404	(c)  The construction, operation, and maintenance of major
405	public works facilities for flood control, surface and
406	underground water storage, and groundwater recharge augmentation
407	to support alternative water supply development;
408	(d)  Planning for alternative water supply development as
409	provided in regional water supply plans in coordination with
410	local governments, regional water supply authorities,
411	multijurisdictional water supply entities, special districts,
412	and publicly owned and privately owned water utilities and self-
413	suppliers;
414	(e)  The formulation and implementation of structural and
415	nonstructural programs to protect and manage water resources in
416	support of alternative water supply projects; and
417	(f)  The provision of technical and financial assistance to
418	local governments and publicly owned and privately owned water
419	utilities for alternative water supply projects.
420	(4)  The primary roles of local government, regional water
421	supply authorities, multijurisdictional water supply entities,
422	special districts, and publicly owned and privately owned water
423	utilities in alternative water supply development shall be:
424	(a)  The planning, design, construction, operation, and
425	maintenance of alternative water supply development projects;
426	(b)  The formulation and implementation of alternative
427	water supply development strategies and programs;
428	(c)  The planning, design, construction, operation, and
429	maintenance of facilities to collect, divert, produce, treat,
430	transmit, and distribute water for sale, resale, or end use; and
431	(d)  The coordination of alternative water supply
432	development activities with the appropriate water management
433	district having jurisdiction over the activity.
434	(5)  Nothing in this section shall be construed to preclude
435	the various special districts, municipalities, and counties from
436	continuing to operate existing water production and transmission
437	facilities or to enter into cooperative agreements with other
438	special districts, municipalities, and counties for the purpose
439	of meeting their respective needs for dependable and adequate
440	supplies of water; however, the obtaining of water through such
441	operations shall not be done in a manner that results in adverse
442	effects upon the areas from which such water is withdrawn.
443	(6)(a)  The statewide funds provided pursuant to the Water
444	Protection and Sustainability Program serve to supplement
445	existing water management district or basin board funding for
446	alternative water supply development assistance and should not
447	result in a reduction of such funding. Therefore, the water
448	management districts shall include in the annual tentative and
449	adopted budget submittals required under this chapter the amount
450	of funds allocated for water resource development that supports
451	alternative water supply development and the funds allocated for
452	alternative water supply projects selected for inclusion in the
453	Water Protection and Sustainability Program. It shall be the
454	goal of each water management district and basin boards that the
455	combined funds allocated annually for these purposes be, at a
456	minimum, the equivalent of 100 percent of the state funding
457	provided to the water management district for alternative water
458	supply development. If this goal is not achieved, the water
459	management district shall provide in the budget submittal an
460	explanation of the reasons or constraints that prevent this goal
461	from being met, an explanation of how the goal will be met in
462	future years, and affirmation of match is required during the
463	budget review process as established under s. 373.536(5). The
464	Suwannee River Water Management District and the Northwest
465	Florida Water Management District shall not be required to meet
466	the match requirements of this paragraph; however, they shall
467	try to achieve the match requirement to the greatest extent
468	practicable.
469	(b)  State funds from the Water Protection and
470	Sustainability Program created in s. 403.890 shall be made
471	available for financial assistance for the project construction
472	costs of alternative water supply development projects selected
473	by a water management district governing board for inclusion in
474	the program.
475	(7)  The water management district shall implement its
476	responsibilities as expeditiously as possible in areas subject
477	to regional water supply plans. Each district's governing board
478	shall include in its annual budget the amount needed for the
479	fiscal year to assist in implementing alternative water supply
480	development projects.
481	(8)(a)  The water management districts and the state shall
482	share a percentage of revenues with water providers and users,
483	including local governments, water, wastewater, and reuse
484	utilities, municipal, special district, industrial, and
485	agricultural water users, and other public and private water
486	users, to be used to supplement other funding sources in the
487	development of alternative water supplies.
488	(b)  Beginning in fiscal year 2005-2006, the state shall
489	annually provide a portion of those revenues deposited into the
490	Water Protection and Sustainability Program Trust Fund for the
491	purpose of providing funding assistance for the development of
492	alternative water supplies pursuant to the Water Protection and
493	Sustainability Program. At the beginning of each fiscal year,
494	beginning with fiscal year 2005-2006, such revenues shall be
495	distributed by the department into the alternative water supply
496	trust fund accounts created by each district for the purpose of
497	alternative water supply development under the following funding
498	formula:
499	1.  Thirty percent to the South Florida Water Management
500	District;
501	2.  Twenty-five percent to the Southwest Florida Water
502	Management District;
503	3.  Twenty-five percent to the St. Johns River Water
504	Management District;
505	4.  Ten percent to the Suwannee River Water Management
506	District; and
507	5.  Ten percent to the Northwest Florida Water Management
508	District.
509	(c)  The financial assistance for alternative water supply
510	projects allocated in each district's budget as required in
511	subsection (6) shall be combined with the state funds and used
512	to assist in funding the project construction costs of
513	alternative water supply projects selected by the governing
514	board. If the district has not completed any regional water
515	supply plan, or the regional water supply plan does not identify
516	the need for any alternative water supply projects, funds
517	deposited in that district's trust fund may be used for water
518	resource development projects, including, but not limited to,
519	springs protection.
520	(d)  All projects submitted to the governing board for
521	consideration shall reflect the total capital cost for
522	implementation. The costs shall be segregated pursuant to the
523	categories described in the definition of capital costs.
524	(e)  Applicants for projects that may receive funding
525	assistance pursuant to the Water Protection and Sustainability
526	Program shall, at a minimum, be required to pay 60 percent of
527	the project's construction costs. The water management districts
528	may, at their discretion, totally or partially waive this
529	requirement for projects sponsored by financially disadvantaged
530	small local governments as defined in former s. 403.885(5). The
531	water management districts or basin boards may, at their
532	discretion, use ad valorem or federal revenues to assist a
533	project applicant in meeting the requirements of this paragraph.
534	(f)  The governing boards shall determine those projects
535	that will be selected for financial assistance. The governing
536	boards may establish factors to determine project funding;
537	however, significant weight shall be given to the following
538	factors:
539	1.  Whether the project provides substantial environmental
540	benefits by preventing or limiting adverse water resource
541	impacts.
542	2.  Whether the project reduces competition for water
543	supplies.
544	3.  Whether the project brings about replacement of
545	traditional sources in order to help implement a minimum flow or
546	level or a reservation.
547	4.  Whether the project will be implemented by a
548	consumptive use permittee that has achieved the targets
549	contained in a goal-based water conservation program approved
550	pursuant to s. 373.227.
551	5.  The quantity of water supplied by the project as
552	compared to its cost.
553	6.  Projects in which the construction and delivery to end
554	users of reuse water is a major component.
555	7.  Whether the project will be implemented by a
556	multijurisdictional water supply entity or regional water supply
557	authority.
558	8.  Whether the project implements reuse that assists in
559	the elimination of domestic wastewater ocean outfalls as
560	provided in s. 403.086(9).
561	(g)  Additional factors to be considered in determining
562	project funding shall include:
563	1.  Whether the project is part of a plan to implement two
564	or more alternative water supply projects, all of which will be
565	operated to produce water at a uniform rate for the participants
566	in a multijurisdictional water supply entity or regional water
567	supply authority.
568	2.  The percentage of project costs to be funded by the
569	water supplier or water user.
570	3.  Whether the project proposal includes sufficient
571	preliminary planning and engineering to demonstrate that the
572	project can reasonably be implemented within the timeframes
573	provided in the regional water supply plan.
574	4.  Whether the project is a subsequent phase of an
575	alternative water supply project that is underway.
576	5.  Whether and in what percentage a local government or
577	local government utility is transferring water supply system
578	revenues to the local government general fund in excess of
579	reimbursements for services received from the general fund,
580	including direct and indirect costs and legitimate payments in
581	lieu of taxes.
582	(h)  After conducting one or more meetings to solicit
583	public input on eligible projects, including input from those
584	entities identified pursuant to s. 373.709(2)(a)3.d. for
585	implementation of alternative water supply projects, the
586	governing board of each water management district shall select
587	projects for funding assistance based upon the criteria set
588	forth in paragraphs (f) and (g). The governing board may select
589	a project identified or listed as an alternative water supply
590	development project in the regional water supply plan, or
591	allocate up to 20 percent of the funding for alternative water
592	supply projects that are not identified or listed in the
593	regional water supply plan but are consistent with the goals of
594	the plan.
595	(i)  Without diminishing amounts available through other
596	means described in this paragraph, the governing boards are
597	encouraged to consider establishing revolving loan funds to
598	expand the total funds available to accomplish the objectives of
599	this section. A revolving loan fund created under this paragraph
600	must be a nonlapsing fund from which the water management
601	district may make loans with interest rates below prevailing
602	market rates to public or private entities for the purposes
603	described in this section. The governing board may adopt
604	resolutions to establish revolving loan funds which must specify
605	the details of the administration of the fund, the procedures
606	for applying for loans from the fund, the criteria for awarding
607	loans from the fund, the initial capitalization of the fund, and
608	the goals for future capitalization of the fund in subsequent
609	budget years. Revolving loan funds created under this paragraph
610	must be used to expand the total sums and sources of cooperative
611	funding available for the development of alternative water
612	supplies. The Legislature does not intend for the creation of
613	revolving loan funds to supplant or otherwise reduce existing
614	sources or amounts of funds currently available through other
615	means.
616	(j)  For each utility that receives financial assistance
617	from the state or a water management district for an alternative
618	water supply project, the water management district shall
619	require the appropriate rate-setting authority to develop rate
620	structures for water customers in the service area of the funded
621	utility that will:
622	1.  Promote the conservation of water; and
623	2.  Promote the use of water from alternative water
624	supplies.
625	(k)  The governing boards shall establish a process for the
626	disbursal of revenues pursuant to this subsection.
627	(l)  All revenues made available pursuant to this
628	subsection must be encumbered annually by the governing board
629	when it approves projects sufficient to expend the available
630	revenues.
631	(m)  This subsection is not subject to the rulemaking
632	requirements of chapter 120.
633	(n)  By March 1 of each year, as part of the consolidated
634	annual report required by s. 373.036(7), each water management
635	district shall submit a report on the disbursal of all budgeted
636	amounts pursuant to this section. Such report shall describe all
637	alternative water supply projects funded as well as the quantity
638	of new water to be created as a result of such projects and
639	shall account separately for any other moneys provided through
640	grants, matching grants, revolving loans, and the use of
641	district lands or facilities to implement regional water supply
642	plans.
643	(o)  The Florida Public Service Commission shall allow
644	entities under its jurisdiction constructing or participating in
645	constructing facilities that provide alternative water supplies
646	to recover their full, prudently incurred cost of constructing
647	such facilities through their rate structure. If construction of
648	a facility or participation in construction is pursuant to or in
649	furtherance of a regional water supply plan, the cost shall be
650	deemed to be prudently incurred. Every component of an
651	alternative water supply facility constructed by an investor-
652	owned utility shall be recovered in current rates. Any state or
653	water management district cost-share is not subject to the
654	recovery provisions allowed in this paragraph.
655	(9)  Funding assistance provided by the water management
656	districts for a water reuse system may include the following
657	conditions for that project if a water management district
658	determines that such conditions will encourage water use
659	efficiency:
660	(a)  Metering of reclaimed water use for residential
661	irrigation, agricultural irrigation, industrial uses, except for
662	electric utilities as defined in s. 366.02(2), landscape
663	irrigation, golf course irrigation, irrigation of other public
664	access areas, commercial and institutional uses such as toilet
665	flushing, and transfers to other reclaimed water utilities;
666	(b)  Implementation of reclaimed water rate structures
667	based on actual use of reclaimed water for the reuse activities
668	listed in paragraph (a);
669	(c)  Implementation of education programs to inform the
670	public about water issues, water conservation, and the
671	importance and proper use of reclaimed water; or
672	(d)  Development of location data for key reuse facilities.
673	373.709  Regional water supply planning.-
674	(1)  The governing board of each water management district
675	shall conduct water supply planning for any water supply
676	planning region within the district identified in the
677	appropriate district water supply plan under s. 373.036, where
678	it determines that existing sources of water are not adequate to
679	supply water for all existing and future reasonable-beneficial
680	uses and to sustain the water resources and related natural
681	systems for the planning period. The planning must be conducted
682	in an open public process, in coordination and cooperation with
683	local governments, regional water supply authorities,
684	government-owned and privately owned water utilities,
685	multijurisdictional water supply entities, self-suppliers, and
686	other affected and interested parties. The districts shall
687	actively engage in public education and outreach to all affected
688	local entities and their officials, as well as members of the
689	public, in the planning process and in seeking input. During
690	preparation, but prior to completion of the regional water
691	supply plan, the district must conduct at least one public
692	workshop to discuss the technical data and modeling tools
693	anticipated to be used to support the regional water supply
694	plan. The district shall also hold several public meetings to
695	communicate the status, overall conceptual intent, and impacts
696	of the plan on existing and future reasonable-beneficial uses
697	and related natural systems. During the planning process, a
698	local government may choose to prepare its own water supply
699	assessment to determine if existing water sources are adequate
700	to meet existing and projected reasonable-beneficial needs of
701	the local government while sustaining water resources and
702	related natural systems. The local government shall submit such
703	assessment, including the data and methodology used, to the
704	district. The district shall consider the local government's
705	assessment during the formation of the plan. A determination by
706	the governing board that initiation of a regional water supply
707	plan for a specific planning region is not needed pursuant to
708	this section shall be subject to s. 120.569. The governing board
709	shall reevaluate such a determination at least once every 5
710	years and shall initiate a regional water supply plan, if
711	needed, pursuant to this subsection.
712	(2)  Each regional water supply plan shall be based on at
713	least a 20-year planning period and shall include, but need not
714	be limited to:
715	(a)  A water supply development component for each water
716	supply planning region identified by the district which
717	includes:
718	1.  A quantification of the water supply needs for all
719	existing and future reasonable-beneficial uses within the
720	planning horizon. The level-of-certainty planning goal
721	associated with identifying the water supply needs of existing
722	and future reasonable-beneficial uses shall be based upon
723	meeting those needs for a 1-in-10-year drought event. Population
724	projections used for determining public water supply needs must
725	be based upon the best available data. In determining the best
726	available data, the district shall consider the University of
727	Florida's Bureau of Economic and Business Research (BEBR) medium
728	population projections and any population projection data and
729	analysis submitted by a local government pursuant to the public
730	workshop described in subsection (1) if the data and analysis
731	support the local government's comprehensive plan. Any
732	adjustment of or deviation from the BEBR projections must be
733	fully described, and the original BEBR data must be presented
734	along with the adjusted data.
735	2.  A list of water supply development project options,
736	including traditional and alternative water supply project
737	options, from which local government, government-owned and
738	privately owned utilities, regional water supply authorities,
739	multijurisdictional water supply entities, self-suppliers, and
740	others may choose for water supply development. In addition to
741	projects listed by the district, such users may propose specific
742	projects for inclusion in the list of alternative water supply
743	projects. If such users propose a project to be listed as an
744	alternative water supply project, the district shall determine
745	whether it meets the goals of the plan, and, if so, it shall be
746	included in the list. The total capacity of the projects
747	included in the plan shall exceed the needs identified in
748	subparagraph 1. and shall take into account water conservation
749	and other demand management measures, as well as water resources
750	constraints, including adopted minimum flows and levels and
751	water reservations. Where the district determines it is
752	appropriate, the plan should specifically identify the need for
753	multijurisdictional approaches to project options that, based on
754	planning level analysis, are appropriate to supply the intended
755	uses and that, based on such analysis, appear to be permittable
756	and financially and technically feasible. The list of water
757	supply development options must contain provisions that
758	recognize that alternative water supply options for agricultural
759	self-suppliers are limited.
760	3.  For each project option identified in subparagraph 2.,
761	the following shall be provided:
762	a.  An estimate of the amount of water to become available
763	through the project.
764	b.  The timeframe in which the project option should be
765	implemented and the estimated planning-level costs for capital
766	investment and operating and maintaining the project.
767	c.  An analysis of funding needs and sources of possible
768	funding options. For alternative water supply projects the water
769	management districts shall provide funding assistance in
770	accordance with s. 373.707(8).
771	d.  Identification of the entity that should implement each
772	project option and the current status of project implementation.
773	(b)  A water resource development component that includes:
774	1.  A listing of those water resource development projects
775	that support water supply development.
776	2.  For each water resource development project listed:
777	a.  An estimate of the amount of water to become available
778	through the project.
779	b.  The timeframe in which the project option should be
780	implemented and the estimated planning-level costs for capital
781	investment and for operating and maintaining the project.
782	c.  An analysis of funding needs and sources of possible
783	funding options.
784	d.  Identification of the entity that should implement each
785	project option and the current status of project implementation.
786	(c)  The recovery and prevention strategy described in s.
787	373.0421(2).
788	(d)  A funding strategy for water resource development
789	projects, which shall be reasonable and sufficient to pay the
790	cost of constructing or implementing all of the listed projects.
791	(e)  Consideration of how the project options addressed in
792	paragraph (a) serve the public interest or save costs overall by
793	preventing the loss of natural resources or avoiding greater
794	future expenditures for water resource development or water
795	supply development. However, unless adopted by rule, these
796	considerations do not constitute final agency action.
797	(f)  The technical data and information applicable to each
798	planning region which are necessary to support the regional
799	water supply plan.
800	(g)  The minimum flows and levels established for water
801	resources within each planning region.
802	(h)  Reservations of water adopted by rule pursuant to s.
803	373.223(4) within each planning region.
804	(i)  Identification of surface waters or aquifers for which
805	minimum flows and levels are scheduled to be adopted.
806	(j)  An analysis, developed in cooperation with the
807	department, of areas or instances in which the variance
808	provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to
809	create water supply development or water resource development
810	projects.
811	(3)  The water supply development component of a regional
812	water supply plan which deals with or affects public utilities
813	and public water supply for those areas served by a regional
814	water supply authority and its member governments within the
815	boundary of the Southwest Florida Water Management District
816	shall be developed jointly by the authority and the district. In
817	areas not served by regional water supply authorities, or other
818	multijurisdictional water supply entities, and where
819	opportunities exist to meet water supply needs more efficiently
820	through multijurisdictional projects identified pursuant to
821	paragraph (2)(a), water management districts are directed to
822	assist in developing multijurisdictional approaches to water
823	supply project development jointly with affected water
824	utilities, special districts, and local governments.
825	(4)  The South Florida Water Management District shall
826	include in its regional water supply plan water resource and
827	water supply development projects that promote the elimination
828	of wastewater ocean outfalls as provided in s. 403.086(9).
829	(5)  Governing board approval of a regional water supply
830	plan shall not be subject to the rulemaking requirements of
831	chapter 120. However, any portion of an approved regional water
832	supply plan which affects the substantial interests of a party
833	shall be subject to s. 120.569.
834	(6)  Annually and in conjunction with the reporting
835	requirements of s. 373.536(6)(a)4., the department shall submit
836	to the Governor and the Legislature a report on the status of
837	regional water supply planning in each district. The report
838	shall include:
839	(a)  A compilation of the estimated costs of and potential
840	sources of funding for water resource development and water
841	supply development projects as identified in the water
842	management district regional water supply plans.
843	(b)  The percentage and amount, by district, of district ad
844	valorem tax revenues or other district funds made available to
845	develop alternative water supplies.
846	(c)  A description of each district's progress toward
847	achieving its water resource development objectives, including
848	the district's implementation of its 5-year water resource
849	development work program.
850	(d)  An assessment of the specific progress being made to
851	implement each alternative water supply project option chosen by
852	the entities and identified for implementation in the plan.
853	(e)  An overall assessment of the progress being made to
854	develop water supply in each district, including, but not
855	limited to, an explanation of how each project, either
856	alternative or traditional, will produce, contribute to, or
857	account for additional water being made available for
858	consumptive uses, an estimate of the quantity of water to be
859	produced by each project, and an assessment of the contribution
860	of the district's regional water supply plan in providing
861	sufficient water to meet the needs of existing and future
862	reasonable-beneficial uses for a 1-in-10 year drought event, as
863	well as the needs of the natural systems.
864	(7)  Nothing contained in the water supply development
865	component of a regional water supply plan shall be construed to
866	require local governments, government-owned or privately owned
867	water utilities, special districts, self-suppliers, regional
868	water supply authorities, multijurisdictional water supply
869	entities, or other water suppliers to select a water supply
870	development project identified in the component merely because
871	it is identified in the plan. Except as provided in s.
872	373.223(3) and (5), the plan may not be used in the review of
873	permits under part II of this chapter unless the plan or an
874	applicable portion thereof has been adopted by rule. However,
875	this subsection does not prohibit a water management district
876	from employing the data or other information used to establish
877	the plan in reviewing permits under part II, nor does it limit
878	the authority of the department or governing board under part
879	II.
880	(8)  Where the water supply component of a water supply
881	planning region shows the need for one or more alternative water
882	supply projects, the district shall notify the affected local
883	governments and make every reasonable effort to educate and
884	involve local public officials in working toward solutions in
885	conjunction with the districts and, where appropriate, other
886	local and regional water supply entities.
887	(a)  Within 6 months following approval or amendment of its
888	regional water supply plan, each water management district shall
889	notify by certified mail each entity identified in sub-
890	subparagraph (2)(a)3.d. of that portion of the plan relevant to
891	the entity. Upon request of such an entity, the water management
892	district shall appear before and present its findings and
893	recommendations to the entity.
894	(b)  Within 1 year after the notification by a water
895	management district pursuant to paragraph (a), each entity
896	identified in sub-subparagraph (2)(a)3.d. shall provide to the
897	water management district written notification of the following:
898	the alternative water supply projects or options identified in
899	paragraph (2)(a) which it has developed or intends to develop,
900	if any; an estimate of the quantity of water to be produced by
901	each project; and the status of project implementation,
902	including development of the financial plan, facilities master
903	planning, permitting, and efforts in coordinating
904	multijurisdictional projects, if applicable. The information
905	provided in the notification shall be updated annually, and a
906	progress report shall be provided by November 15 of each year to
907	the water management district. If an entity does not intend to
908	develop one or more of the alternative water supply project
909	options identified in the regional water supply plan, the entity
910	shall propose, within 1 year after notification by a water
911	management district pursuant to paragraph (a), another
912	alternative water supply project option sufficient to address
913	the needs identified in paragraph (2)(a) within the entity's
914	jurisdiction and shall provide an estimate of the quantity of
915	water to be produced by the project and the status of project
916	implementation as described in this paragraph. The entity may
917	request that the water management district consider the other
918	project for inclusion in the regional water supply plan.
919	(9)  For any regional water supply plan that is scheduled
920	to be updated before December 31, 2005, the deadline for such
921	update shall be extended by 1 year.
922	373.711  Technical assistance to local governments.-
923	(1)  The water management districts shall assist local
924	governments in the development and future revision of local
925	government comprehensive plan elements or public facilities
926	report as required by s. 189.415, related to water resource
927	issues.
928	(2)  By July 1, 1991, each water management district shall
929	prepare and provide information and data to assist local
930	governments in the preparation and implementation of their local
931	government comprehensive plans or public facilities report as
932	required by s. 189.415, whichever is applicable. Such
933	information and data shall include, but not be limited to:
934	(a)  All information and data required in a public
935	facilities report pursuant to s. 189.415.
936	(b)  A description of regulations, programs, and schedules
937	implemented by the district.
938	(c)  Identification of regulations, programs, and schedules
939	undertaken or proposed by the district to further the State
940	Comprehensive Plan.
941	(d)  A description of surface water basins, including
942	regulatory jurisdictions, flood-prone areas, existing and
943	projected water quality in water management district operated
944	facilities, as well as surface water runoff characteristics and
945	topography regarding flood plains, wetlands, and recharge areas.
946	(e)  A description of groundwater characteristics,
947	including existing and planned wellfield sites, existing and
948	anticipated cones of influence, highly productive groundwater
949	areas, aquifer recharge areas, deep well injection zones,
950	contaminated areas, an assessment of regional water resource
951	needs and sources for the next 20 years, and water quality.
952	(f)  The identification of existing and potential water
953	management district land acquisitions.
954	(g)  Information reflecting the minimum flows for surface
955	watercourses to avoid harm to water resources or the ecosystem
956	and information reflecting the minimum water levels for aquifers
957	to avoid harm to water resources or the ecosystem.
958	373.713  Regional water supply authorities.-
959	(1)  By interlocal agreement between counties,
960	municipalities, or special districts, as applicable, pursuant to
961	the Florida Interlocal Cooperation Act of 1969, s. 163.01, and
962	upon the approval of the Secretary of Environmental Protection
963	to ensure that such agreement will be in the public interest and
964	complies with the intent and purposes of this act, regional
965	water supply authorities may be created for the purpose of
966	developing, recovering, storing, and supplying water for county
967	or municipal purposes in such a manner as will give priority to
968	reducing adverse environmental effects of excessive or improper
969	withdrawals of water from concentrated areas. In approving said
970	agreement the Secretary of Environmental Protection shall
971	consider, but not be limited to, the following:
972	(a)  Whether the geographic territory of the proposed
973	authority is of sufficient size and character to reduce the
974	environmental effects of improper or excessive withdrawals of
975	water from concentrated areas.
976	(b)  The maximization of economic development of the water
977	resources within the territory of the proposed authority.
978	(c)  The availability of a dependable and adequate water
979	supply.
980	(d)  The ability of any proposed authority to design,
981	construct, operate, and maintain water supply facilities in the
982	locations, and at the times necessary, to ensure that an
983	adequate water supply will be available to all citizens within
984	the authority.
985	(e)  The effect or impact of any proposed authority on any
986	municipality, county, or existing authority or authorities.
987	(f)  The existing needs of the water users within the area
988	of the authority.
989	(2)  In addition to other powers and duties agreed upon,
990	and notwithstanding the provisions of s. 163.01, such authority
991	may:
992	(a)  Upon approval of the electors residing in each county
993	or municipality within the territory to be included in any
994	authority, levy ad valorem taxes, not to exceed 0.5 mill,
995	pursuant to s. 9(b), Art. VII of the State Constitution. No tax
996	authorized by this paragraph shall be levied in any county or
997	municipality without an affirmative vote of the electors
998	residing in such county or municipality.
999	(b)  Acquire water and water rights; develop, store, and
1000	transport water; provide, sell, and deliver water for county or
1001	municipal uses and purposes; and provide for the furnishing of
1002	such water and water service upon terms and conditions and at
1003	rates which will apportion to parties and nonparties an
1004	equitable share of the capital cost and operating expense of the
1005	authority's work to the purchaser.
1006	(c)  Collect, treat, and recover wastewater.
1007	(d)  Not engage in local distribution.
1008	(e)  Exercise the power of eminent domain in the manner
1009	provided by law for the condemnation of private property for
1010	public use to acquire title to such interest in real property as
1011	is necessary to the exercise of the powers herein granted,
1012	except water and water rights already devoted to reasonable and
1013	beneficial use or any water production or transmission
1014	facilities owned by any county or municipality.
1015	(f)  Issue revenue bonds in the manner prescribed by the
1016	Revenue Bond Act of 1953, as amended, part I, chapter 159, to be
1017	payable solely from funds derived from the sale of water by the
1018	authority to any county or municipality. Such bonds may be
1019	additionally secured by the full faith and credit of any county
1020	or municipality, as provided by s. 159.16 or by a pledge of
1021	excise taxes, as provided by s. 159.19. For the purpose of
1022	issuing revenue bonds, an authority shall be considered a "unit"
1023	as defined in s. 159.02(2) and as that term is used in the
1024	Revenue Bond Act of 1953, as amended. Such bonds may be issued
1025	to finance the cost of acquiring properties and facilities for
1026	the production and transmission of water by the authority to any
1027	county or municipality, which cost shall include the acquisition
1028	of real property and easements therein for such purposes. Such
1029	bonds may be in the form of refunding bonds to take up any
1030	outstanding bonds of the authority or of any county or
1031	municipality where such outstanding bonds are secured by
1032	properties and facilities for production and transmission of
1033	water, which properties and facilities are being acquired by the
1034	authority. Refunding bonds may be issued to take up and refund
1035	all outstanding bonds of said authority that are subject to call
1036	and termination, and all bonds of said authority that are not
1037	subject to call or redemption, when the surrender of said bonds
1038	can be procured from the holder thereof at prices satisfactory
1039	to the authority. Such refunding bonds may be issued at any time
1040	when, in the judgment of the authority, it will be to the best
1041	interest of the authority financially or economically by
1042	securing a lower rate of interest on said bonds or by extending
1043	the time of maturity of said bonds or, for any other reason, in
1044	the judgment of the authority, advantageous to said authority.
1045	(g)  Sue and be sued in its own name.
1046	(h)  Borrow money and incur indebtedness and issue bonds or
1047	other evidence of such indebtedness.
1048	(i)  Join with one or more other public corporations for
1049	the purpose of carrying out any of its powers and for that
1050	purpose to contract with such other public corporation or
1051	corporations for the purpose of financing such acquisitions,
1052	construction, and operations. Such contracts may provide for
1053	contributions to be made by each party thereto, for the division
1054	and apportionment of the expenses of such acquisitions and
1055	operations, and for the division and apportionment of the
1056	benefits, services, and products therefrom. Such contract may
1057	contain such other and further covenants and agreements as may
1058	be necessary and convenient to accomplish the purposes hereof.
1059	(3)  A regional water supply authority is authorized to
1060	develop, construct, operate, maintain, or contract for
1061	alternative sources of potable water, including desalinated
1062	water, and pipelines to interconnect authority sources and
1063	facilities, either by itself or jointly with a water management
1064	district; however, such alternative potable water sources,
1065	facilities, and pipelines may also be privately developed,
1066	constructed, owned, operated, and maintained, in which event an
1067	authority and a water management district are authorized to
1068	pledge and contribute their funds to reduce the wholesale cost
1069	of water from such alternative sources of potable water supplied
1070	by an authority to its member governments.
1071	(4)  When it is found to be in the public interest, for the
1072	public convenience and welfare, for a public benefit, and
1073	necessary for carrying out the purpose of any regional water
1074	supply authority, any state agency, county, water control
1075	district existing pursuant to chapter 298, water management
1076	district existing pursuant to this chapter, municipality,
1077	governmental agency, or public corporation in this state holding
1078	title to any interest in land is hereby authorized, in its
1079	discretion, to convey the title to or dedicate land, title to
1080	which is in such entity, including tax-reverted land, or to
1081	grant use-rights therein, to any regional water supply authority
1082	created pursuant to this section. Land granted or conveyed to
1083	such authority shall be for the public purposes of such
1084	authority and may be made subject to the condition that in the
1085	event said land is not so used, or if used and subsequently its
1086	use for said purpose is abandoned, the interest granted shall
1087	cease as to such authority and shall automatically revert to the
1088	granting entity.
1089	(5)  Each county, special district, or municipality that is
1090	a party to an agreement pursuant to subsection (1) shall have a
1091	preferential right to purchase water from the regional water
1092	supply authority for use by such county, special district, or
1093	municipality.
1094	(6)  In carrying out the provisions of this section, any
1095	county wherein water is withdrawn by the authority shall not be
1096	deprived, directly or indirectly, of the prior right to the
1097	reasonable and beneficial use of water which is required
1098	adequately to supply the reasonable and beneficial needs of the
1099	county or any of the inhabitants or property owners therein.
1100	(7)  Upon a resolution adopted by the governing body of any
1101	county or municipality, the authority may, subject to a majority
1102	vote of its voting members, include such county or municipality
1103	in its regional water supply authority upon such terms and
1104	conditions as may be prescribed.
1105	(8)  The authority shall design, construct, operate, and
1106	maintain facilities in the locations and at the times necessary
1107	to ensure that an adequate water supply will be available to all
1108	citizens within the authority.
1109	(9)  Where a water supply authority exists pursuant to this
1110	section or s. 373.715 under a voluntary interlocal agreement
1111	that is consistent with requirements in s. 373.715(1)(b) and
1112	receives or maintains consumptive use permits under this
1113	voluntary agreement consistent with the water supply plan, if
1114	any, adopted by the governing board, such authority shall be
1115	exempt from consideration by the governing board or department
1116	of the factors specified in s. 373.223(3)(a)-(g) and the
1117	submissions required by s. 373.229(3). Such exemptions shall
1118	apply only to water sources within the jurisdictional areas of
1119	such voluntary water supply interlocal agreements.
1120	373.715  Assistance to West Coast Regional Water Supply
1121	Authority.-
1122	(1)  It is the intent of the Legislature to authorize the
1123	implementation of changes in governance recommended by the West
1124	Coast Regional Water Supply Authority in its reports to the
1125	Legislature dated February 1, 1997, and January 5, 1998. The
1126	authority and its member governments may reconstitute the
1127	authority's governance and rename the authority under a
1128	voluntary interlocal agreement with a term of not less than 20
1129	years. The interlocal agreement must comply with this subsection
1130	as follows:
1131	(a)  The authority and its member governments agree that
1132	cooperative efforts are mandatory to meet their water needs in a
1133	manner that will provide adequate and dependable supplies of
1134	water where needed without resulting in adverse environmental
1135	effects upon the areas from which the water is withdrawn or
1136	otherwise produced.
1137	(b)  In accordance with s. 4, Art. VIII of the State
1138	Constitution and notwithstanding s. 163.01, the interlocal
1139	agreement may include the following terms, which are considered
1140	approved by the parties without a vote of their electors, upon
1141	execution of the interlocal agreement by all member governments
1142	and upon satisfaction of all conditions precedent in the
1143	interlocal agreement:
1144	1.  All member governments shall relinquish to the
1145	authority their individual rights to develop potable water
1146	supply sources, except as otherwise provided in the interlocal
1147	agreement;
1148	2.  The authority shall be the sole and exclusive wholesale
1149	potable water supplier for all member governments; and
1150	3.  The authority shall have the absolute and unequivocal
1151	obligation to meet the wholesale needs of the member governments
1152	for potable water.
1153	4.  A member government may not restrict or prohibit the
1154	use of land within a member's jurisdictional boundaries by the
1155	authority for water supply purposes through use of zoning, land
1156	use, comprehensive planning, or other form of regulation.
1157	5.  A member government may not impose any tax, fee, or
1158	charge upon the authority in conjunction with the production or
1159	supply of water not otherwise provided for in the interlocal
1160	agreement.
1161	6.  The authority may use the powers provided in part II of
1162	chapter 159 for financing and refinancing water treatment,
1163	production, or transmission facilities, including, but not
1164	limited to, desalinization facilities. All such water treatment,
1165	production, or transmission facilities are considered a
1166	"manufacturing plant" for purposes of s. 159.27(5) and serve a
1167	paramount public purpose by providing water to citizens of the
1168	state.
1169	7.  A member government and any governmental or quasi-
1170	judicial board or commission established by local ordinance or
1171	general or special law where the governing membership of such
1172	board or commission is shared, in whole or in part, or appointed
1173	by a member government agreeing to be bound by the interlocal
1174	agreement shall be limited to the procedures set forth therein
1175	regarding actions that directly or indirectly restrict or
1176	prohibit the use of lands or other activities related to the
1177	production or supply of water.
1178	(c)  The authority shall acquire full or lesser interests
1179	in all regionally significant member government wholesale water
1180	supply facilities and tangible assets and each member government
1181	shall convey such interests in the facilities and assets to the
1182	authority, at an agreed value.
1183	(d)  The authority shall charge a uniform per gallon
1184	wholesale rate to member governments for the wholesale supply of
1185	potable water. All capital, operation, maintenance, and
1186	administrative costs for existing facilities and acquired
1187	facilities, authority master water plan facilities, and other
1188	future projects must be allocated to member governments based on
1189	water usage at the uniform per gallon wholesale rate.
1190	(e)  The interlocal agreement may include procedures for
1191	resolving the parties' differences regarding water management
1192	district proposed agency action in the water use permitting
1193	process within the authority. Such procedures should minimize
1194	the potential for litigation and include alternative dispute
1195	resolution. Any governmental or quasi-judicial board or
1196	commission established by local ordinance or general or special
1197	law where the governing members of such board or commission is
1198	shared, in whole or in part, or appointed by a member
1199	government, may agree to be bound by the dispute resolution
1200	procedures set forth in the interlocal agreement.
1201	(f)  Upon execution of the voluntary interlocal agreement
1202	provided for herein, the authority shall jointly develop with
1203	the Southwest Florida Water Management District alternative
1204	sources of potable water and transmission pipelines to
1205	interconnect regionally significant water supply sources and
1206	facilities of the authority in amounts sufficient to meet the
1207	needs of all member governments for a period of at least 20
1208	years and for natural systems. Nothing herein, however, shall
1209	preclude the authority and its member governments from
1210	developing traditional water sources pursuant to the voluntary
1211	interlocal agreement. Development and construction costs for
1212	alternative source facilities, which may include a desalination
1213	facility and significant regional interconnects, must be borne
1214	as mutually agreed to by both the authority and the Southwest
1215	Florida Water Management District. Nothing herein shall preclude
1216	authority or district cost sharing with private entities for the
1217	construction or ownership of alternative source facilities. By
1218	December 31, 1997, the authority and the Southwest Florida Water
1219	Management District shall enter into a mutually acceptable
1220	agreement detailing the development and implementation of
1221	directives contained in this paragraph. Nothing in this section
1222	shall be construed to modify the rights or responsibilities of
1223	the authority or its member governments, except as otherwise
1224	provided herein, or of the Southwest Florida Water Management
1225	District or the department pursuant to this chapter or chapter
1226	403 and as otherwise set forth by statutes.
1227	(g)  Unless otherwise provided in the interlocal agreement,
1228	the authority shall be governed by a board of commissioners
1229	consisting of nine voting members, all of whom must be elected
1230	officers, as follows:
1231	1.  Three members from Hillsborough County who must be
1232	selected by the county commission; provided, however, that one
1233	member shall be selected by the Mayor of Tampa in the event that
1234	the City of Tampa elects to be a member of the authority;
1235	2.  Three members from Pasco County, two of whom must be
1236	selected by the county commission and one of whom must be
1237	selected by the City Council of New Port Richey;
1238	3.  Three members from Pinellas County, two of whom must be
1239	selected by the county commission and one of whom must be
1240	selected by the City Council of St. Petersburg.
1241
1242	Except as otherwise provided in this section or in the voluntary
1243	interlocal agreement between the member governments, a majority
1244	vote shall bind the authority and its member governments in all
1245	matters relating to the funding of wholesale water supply,
1246	production, delivery, and related activities.
1247	(2)  The provisions of this section supersede any
1248	conflicting provisions contained in all other general or special
1249	laws or provisions thereof as they may apply directly or
1250	indirectly to the exclusivity of water supply or withdrawal of
1251	water, including provisions relating to the environmental
1252	effects, if any, in conjunction with the production and supply
1253	of potable water, and the provisions of this section are
1254	intended to be a complete revision of all laws related to a
1255	regional water supply authority created under s. 373.713 and
1256	this section.
1257	(3)  In lieu of the provisions in s. 373.713(2)(a), the
1258	Southwest Florida Water Management District shall assist the
1259	West Coast Regional Water Supply Authority for a period of 5
1260	years, terminating December 31, 1981, by levying an ad valorem
1261	tax, upon request of the authority, of not more than 0.05 mill
1262	on all taxable property within the limits of the authority.
1263	During such period the corresponding basin board ad valorem tax
1264	levies shall be reduced accordingly.
1265	(4)  The authority shall prepare its annual budget in the
1266	same manner as prescribed for the preparation of basin budgets,
1267	but such authority budget shall not be subject to review by the
1268	respective basin boards or by the governing board of the
1269	district.
1270	(5)  The annual millage for the authority shall be the
1271	amount required to raise the amount called for by the annual
1272	budget when applied to the total assessment on all taxable
1273	property within the limits of the authority, as determined for
1274	county taxing purposes.
1275	(6)  The authority may, by resolution, request the
1276	governing board of the district to levy ad valorem taxes within
1277	the boundaries of the authority. Upon receipt of such request,
1278	together with formal certification of the adoption of its annual
1279	budget and of the required tax levy, the authority tax levy
1280	shall be made by the governing board of the district to finance
1281	authority functions.
1282	(7)  The taxes provided for in this section shall be
1283	extended by the property appraiser on the county tax roll in
1284	each county within, or partly within, the authority boundaries
1285	and shall be collected by the tax collector in the same manner
1286	and time as county taxes, and the proceeds therefrom paid to the
1287	district which shall forthwith pay them over to the authority.
1288	Until paid, such taxes shall be a lien on the property against
1289	which assessed and enforceable in like manner as county taxes.
1290	The property appraisers, tax collectors, and clerks of the
1291	circuit court of the respective counties shall be entitled to
1292	compensation for services performed in connection with such
1293	taxes at the same rates as apply to county taxes.
1294	(8)  The governing board of the district shall not be
1295	responsible for any actions or lack of actions by the authority.
1296	Section 2.  Subsection (13) of section 120.52, Florida
1297	Statutes, is amended to read:
1298	120.52  Definitions.-As used in this act:
1299	(13)  "Party" means:
1300	(a)  Specifically named persons whose substantial interests
1301	are being determined in the proceeding.
1302	(b)  Any other person who, as a matter of constitutional
1303	right, provision of statute, or provision of agency regulation,
1304	is entitled to participate in whole or in part in the
1305	proceeding, or whose substantial interests will be affected by
1306	proposed agency action, and who makes an appearance as a party.
1307	(c)  Any other person, including an agency staff member,
1308	allowed by the agency to intervene or participate in the
1309	proceeding as a party. An agency may by rule authorize limited
1310	forms of participation in agency proceedings for persons who are
1311	not eligible to become parties.
1312	(d)  Any county representative, agency, department, or unit
1313	funded and authorized by state statute or county ordinance to
1314	represent the interests of the consumers of a county, when the
1315	proceeding involves the substantial interests of a significant
1316	number of residents of the county and the board of county
1317	commissioners has, by resolution, authorized the representative,
1318	agency, department, or unit to represent the class of interested
1319	persons. The authorizing resolution shall apply to a specific
1320	proceeding and to appeals and ancillary proceedings thereto, and
1321	it shall not be required to state the names of the persons whose
1322	interests are to be represented.
1323
1324	The term "party" does not include a member government of a
1325	regional water supply authority or a governmental or quasi-
1326	judicial board or commission established by local ordinance or
1327	special or general law where the governing membership of such
1328	board or commission is shared with, in whole or in part, or
1329	appointed by a member government of a regional water supply
1330	authority in proceedings under s. 120.569, s. 120.57, or s.
1331	120.68, to the extent that an interlocal agreement under ss.
1332	163.01 and 373.713 373.1962 exists in which the member
1333	government has agreed that its substantial interests are not
1334	affected by the proceedings or that it is to be bound by
1335	alternative dispute resolution in lieu of participating in the
1336	proceedings. This exclusion applies only to those particular
1337	types of disputes or controversies, if any, identified in an
1338	interlocal agreement.
1339	Section 3.  Subsection (13) of section 163.3167, Florida
1340	Statutes, is amended to read:
1341	163.3167  Scope of act.-
1342	(13)  Each local government shall address in its
1343	comprehensive plan, as enumerated in this chapter, the water
1344	supply sources necessary to meet and achieve the existing and
1345	projected water use demand for the established planning period,
1346	considering the applicable plan developed pursuant to s. 373.709
1347	373.0361.
1348	Section 4.  Paragraph (a) of subsection (4) and paragraphs
1349	(c), (d), and (h) of subsection (6) of section 163.3177, Florida
1350	Statutes, are amended to read:
1351	163.3177  Required and optional elements of comprehensive
1352	plan; studies and surveys.-
1353	(4)(a)  Coordination of the local comprehensive plan with
1354	the comprehensive plans of adjacent municipalities, the county,
1355	adjacent counties, or the region; with the appropriate water
1356	management district's regional water supply plans approved
1357	pursuant to s. 373.709 373.0361; with adopted rules pertaining
1358	to designated areas of critical state concern; and with the
1359	state comprehensive plan shall be a major objective of the local
1360	comprehensive planning process. To that end, in the preparation
1361	of a comprehensive plan or element thereof, and in the
1362	comprehensive plan or element as adopted, the governing body
1363	shall include a specific policy statement indicating the
1364	relationship of the proposed development of the area to the
1365	comprehensive plans of adjacent municipalities, the county,
1366	adjacent counties, or the region and to the state comprehensive
1367	plan, as the case may require and as such adopted plans or plans
1368	in preparation may exist.
1369	(6)  In addition to the requirements of subsections (1)-(5)
1370	and (12), the comprehensive plan shall include the following
1371	elements:
1372	(c)  A general sanitary sewer, solid waste, drainage,
1373	potable water, and natural groundwater aquifer recharge element
1374	correlated to principles and guidelines for future land use,
1375	indicating ways to provide for future potable water, drainage,
1376	sanitary sewer, solid waste, and aquifer recharge protection
1377	requirements for the area. The element may be a detailed
1378	engineering plan including a topographic map depicting areas of
1379	prime groundwater recharge. The element shall describe the
1380	problems and needs and the general facilities that will be
1381	required for solution of the problems and needs. The element
1382	shall also include a topographic map depicting any areas adopted
1383	by a regional water management district as prime groundwater
1384	recharge areas for the Floridan or Biscayne aquifers. These
1385	areas shall be given special consideration when the local
1386	government is engaged in zoning or considering future land use
1387	for said designated areas. For areas served by septic tanks,
1388	soil surveys shall be provided which indicate the suitability of
1389	soils for septic tanks. Within 18 months after the governing
1390	board approves an updated regional water supply plan, the
1391	element must incorporate the alternative water supply project or
1392	projects selected by the local government from those identified
1393	in the regional water supply plan pursuant to s. 373.709(2)(a)
1394	373.0361(2)(a) or proposed by the local government under s.
1395	373.709(8)(b) 373.0361(8)(b). If a local government is located
1396	within two water management districts, the local government
1397	shall adopt its comprehensive plan amendment within 18 months
1398	after the later updated regional water supply plan. The element
1399	must identify such alternative water supply projects and
1400	traditional water supply projects and conservation and reuse
1401	necessary to meet the water needs identified in s. 373.709(2)(a)
1402	373.0361(2)(a) within the local government's jurisdiction and
1403	include a work plan, covering at least a 10 year planning
1404	period, for building public, private, and regional water supply
1405	facilities, including development of alternative water supplies,
1406	which are identified in the element as necessary to serve
1407	existing and new development. The work plan shall be updated, at
1408	a minimum, every 5 years within 18 months after the governing
1409	board of a water management district approves an updated
1410	regional water supply plan. Amendments to incorporate the work
1411	plan do not count toward the limitation on the frequency of
1412	adoption of amendments to the comprehensive plan. Local
1413	governments, public and private utilities, regional water supply
1414	authorities, special districts, and water management districts
1415	are encouraged to cooperatively plan for the development of
1416	multijurisdictional water supply facilities that are sufficient
1417	to meet projected demands for established planning periods,
1418	including the development of alternative water sources to
1419	supplement traditional sources of groundwater and surface water
1420	supplies.
1421	(d)  A conservation element for the conservation, use, and
1422	protection of natural resources in the area, including air,
1423	water, water recharge areas, wetlands, waterwells, estuarine
1424	marshes, soils, beaches, shores, flood plains, rivers, bays,
1425	lakes, harbors, forests, fisheries and wildlife, marine habitat,
1426	minerals, and other natural and environmental resources,
1427	including factors that affect energy conservation. Local
1428	governments shall assess their current, as well as projected,
1429	water needs and sources for at least a 10-year period,
1430	considering the appropriate regional water supply plan approved
1431	pursuant to s. 373.709 373.0361, or, in the absence of an
1432	approved regional water supply plan, the district water
1433	management plan approved pursuant to s. 373.036(2). This
1434	information shall be submitted to the appropriate agencies. The
1435	land use map or map series contained in the future land use
1436	element shall generally identify and depict the following:
1437	1.  Existing and planned waterwells and cones of influence
1438	where applicable.
1439	2.  Beaches and shores, including estuarine systems.
1440	3.  Rivers, bays, lakes, flood plains, and harbors.
1441	4.  Wetlands.
1442	5.  Minerals and soils.
1443	6.  Energy conservation.
1444
1445	The land uses identified on such maps shall be consistent with
1446	applicable state law and rules.
1447	(h)1.  An intergovernmental coordination element showing
1448	relationships and stating principles and guidelines to be used
1449	in the accomplishment of coordination of the adopted
1450	comprehensive plan with the plans of school boards, regional
1451	water supply authorities, and other units of local government
1452	providing services but not having regulatory authority over the
1453	use of land, with the comprehensive plans of adjacent
1454	municipalities, the county, adjacent counties, or the region,
1455	with the state comprehensive plan and with the applicable
1456	regional water supply plan approved pursuant to s. 373.709
1457	373.0361, as the case may require and as such adopted plans or
1458	plans in preparation may exist. This element of the local
1459	comprehensive plan shall demonstrate consideration of the
1460	particular effects of the local plan, when adopted, upon the
1461	development of adjacent municipalities, the county, adjacent
1462	counties, or the region, or upon the state comprehensive plan,
1463	as the case may require.
1464	a.  The intergovernmental coordination element shall
1465	provide procedures to identify and implement joint planning
1466	areas, especially for the purpose of annexation, municipal
1467	incorporation, and joint infrastructure service areas.
1468	b.  The intergovernmental coordination element shall
1469	provide for recognition of campus master plans prepared pursuant
1470	to s. 1013.30 and airport master plans under paragraph(k).
1471	c.  The intergovernmental coordination element shall
1472	provide for a dispute resolution process as established pursuant
1473	to s. 186.509 for bringing to closure in a timely manner
1474	intergovernmental disputes.
1475	d.  The intergovernmental coordination element shall
1476	provide for interlocal agreements as established pursuant to s.
1477	333.03(1)(b).
1478	2.  The intergovernmental coordination element shall
1479	further state principles and guidelines to be used in the
1480	accomplishment of coordination of the adopted comprehensive plan
1481	with the plans of school boards and other units of local
1482	government providing facilities and services but not having
1483	regulatory authority over the use of land. In addition, the
1484	intergovernmental coordination element shall describe joint
1485	processes for collaborative planning and decisionmaking on
1486	population projections and public school siting, the location
1487	and extension of public facilities subject to concurrency, and
1488	siting facilities with countywide significance, including
1489	locally unwanted land uses whose nature and identity are
1490	established in an agreement. Within 1 year of adopting their
1491	intergovernmental coordination elements, each county, all the
1492	municipalities within that county, the district school board,
1493	and any unit of local government service providers in that
1494	county shall establish by interlocal or other formal agreement
1495	executed by all affected entities, the joint processes described
1496	in this subparagraph consistent with their adopted
1497	intergovernmental coordination elements.
1498	3.  To foster coordination between special districts and
1499	local general-purpose governments as local general-purpose
1500	governments implement local comprehensive plans, each
1501	independent special district must submit a public facilities
1502	report to the appropriate local government as required by s.
1503	189.415.
1504	4.a.  Local governments shall execute an interlocal
1505	agreement with the district school board, the county, and
1506	nonexempt municipalities pursuant to s. 163.31777. The local
1507	government shall amend the intergovernmental coordination
1508	element to provide that coordination between the local
1509	government and school board is pursuant to the agreement and
1510	shall state the obligations of the local government under the
1511	agreement.
1512	b.  Plan amendments that comply with this subparagraph are
1513	exempt from the provisions of s. 163.3187(1).
1514	5.  The state land planning agency shall establish a
1515	schedule for phased completion and transmittal of plan
1516	amendments to implement subparagraphs 1., 2., and 3. from all
1517	jurisdictions so as to accomplish their adoption by December 31,
1518	1999. A local government may complete and transmit its plan
1519	amendments to carry out these provisions prior to the scheduled
1520	date established by the state land planning agency. The plan
1521	amendments are exempt from the provisions of s. 163.3187(1).
1522	6.  By January 1, 2004, any county having a population
1523	greater than 100,000, and the municipalities and special
1524	districts within that county, shall submit a report to the
1525	Department of Community Affairs which:
1526	a.  Identifies all existing or proposed interlocal service
1527	delivery agreements regarding the following: education; sanitary
1528	sewer; public safety; solid waste; drainage; potable water;
1529	parks and recreation; and transportation facilities.
1530	b.  Identifies any deficits or duplication in the provision
1531	of services within its jurisdiction, whether capital or
1532	operational. Upon request, the Department of Community Affairs
1533	shall provide technical assistance to the local governments in
1534	identifying deficits or duplication.
1535	7.  Within 6 months after submission of the report, the
1536	Department of Community Affairs shall, through the appropriate
1537	regional planning council, coordinate a meeting of all local
1538	governments within the regional planning area to discuss the
1539	reports and potential strategies to remedy any identified
1540	deficiencies or duplications.
1541	8.  Each local government shall update its
1542	intergovernmental coordination element based upon the findings
1543	in the report submitted pursuant to subparagraph 6. The report
1544	may be used as supporting data and analysis for the
1545	intergovernmental coordination element.
1546	Section 5.  Paragraph (l) of subsection (2) of section
1547	163.3191, Florida Statutes, is amended to read:
1548	163.3191  Evaluation and appraisal of comprehensive plan.-
1549	(2)  The report shall present an evaluation and assessment
1550	of the comprehensive plan and shall contain appropriate
1551	statements to update the comprehensive plan, including, but not
1552	limited to, words, maps, illustrations, or other media, related
1553	to:
1554	(l)  The extent to which the local government has been
1555	successful in identifying alternative water supply projects and
1556	traditional water supply projects, including conservation and
1557	reuse, necessary to meet the water needs identified in s.
1558	373.709(2)(a) 373.0361(2)(a) within the local government's
1559	jurisdiction. The report must evaluate the degree to which the
1560	local government has implemented the work plan for building
1561	public, private, and regional water supply facilities, including
1562	development of alternative water supplies, identified in the
1563	element as necessary to serve existing and new development.
1564	Section 6.  Paragraphs (c) and (d) of subsection (4) of
1565	section 189.404, Florida Statutes, are amended to read:
1566	189.404  Legislative intent for the creation of independent
1567	special districts; special act prohibitions; model elements and
1568	other requirements; general-purpose local government/Governor
1569	and Cabinet creation authorizations.-
1570	(4)  LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION
1571	AUTHORIZATIONS.-Except as otherwise authorized by general law,
1572	only the Legislature may create independent special districts.
1573	(c)  The Governor and Cabinet may create an independent
1574	special district which shall be established by rule in
1575	accordance with s. 190.005 or as otherwise authorized in general
1576	law. The Governor and Cabinet may also approve the establishment
1577	of a charter for the creation of an independent special district
1578	which shall be in accordance with s. 373.713 373.1962, or as
1579	otherwise authorized in general law.
1580	(d)1.  Any combination of two or more counties may create a
1581	regional special district which shall be established in
1582	accordance with s. 950.001, or as otherwise authorized in
1583	general law.
1584	2.  Any combination of two or more counties or
1585	municipalities may create a regional special district which
1586	shall be established in accordance with s. 373.713 373.1962, or
1587	as otherwise authorized by general law.
1588	3.  Any combination of two or more counties,
1589	municipalities, or other political subdivisions may create a
1590	regional special district in accordance with s. 163.567, or as
1591	otherwise authorized in general law.
1592	Section 7.  Subsection (3) of section 189.4155, Florida
1593	Statutes, is amended to read:
1594	189.4155  Activities of special districts; local government
1595	comprehensive planning.-
1596	(3)  The provisions of this section shall not apply to
1597	water management districts created pursuant to s. 373.069, to
1598	regional water supply authorities created pursuant to s. 373.713
1599	373.1962, or to spoil disposal sites owned or used by the
1600	Federal Government.
1601	Section 8.  Section 189.4156, Florida Statutes, is amended
1602	to read:
1603	189.4156  Water management district technical assistance;
1604	local government comprehensive planning.-Water management
1605	districts shall assist local governments in the development of
1606	local government comprehensive plan elements related to water
1607	resource issues as required by s. 373.711 373.0391.
1608	Section 9.  Subsection (7) of section 367.021, Florida
1609	Statutes, is amended to read:
1610	367.021  Definitions.-As used in this chapter, the
1611	following words or terms shall have the meanings indicated:
1612	(7)  "Governmental authority" means a political
1613	subdivision, as defined by s. 1.01(8), a regional water supply
1614	authority created pursuant to s. 373.713 373.1962, or a
1615	nonprofit corporation formed for the purpose of acting on behalf
1616	of a political subdivision with respect to a water or wastewater
1617	facility.
1618	Section 10.  Subsection (17) of section 373.019, Florida
1619	Statutes, is amended to read:
1620	373.019  Definitions.-When appearing in this chapter or in
1621	any rule, regulation, or order adopted pursuant thereto, the
1622	term:
1623	(17)  "Regional water supply plan" means a detailed water
1624	supply plan developed by a governing board under s. 373.709
1625	373.0361.
1626	Section 11.  Paragraph (b) of subsection (2) and paragraph
1627	(b) of subsection (7) of section 373.036, Florida Statutes, are
1628	amended to read:
1629	373.036  Florida water plan; district water management
1630	plans.-
1631	(2)  DISTRICT WATER MANAGEMENT PLANS.-
1632	(b)  The district water management plan shall include, but
1633	not be limited to:
1634	1.  The scientific methodologies for establishing minimum
1635	flows and levels under s. 373.042, and all established minimum
1636	flows and levels.
1637	2.  Identification of one or more water supply planning
1638	regions that singly or together encompass the entire district.
1639	3.  Technical data and information prepared under s.
1640	373.711 373.0391.
1641	4.  A districtwide water supply assessment, to be completed
1642	no later than July 1, 1998, which determines for each water
1643	supply planning region:
1644	a.  Existing legal uses, reasonably anticipated future
1645	needs, and existing and reasonably anticipated sources of water
1646	and conservation efforts; and
1647	b.  Whether existing and reasonably anticipated sources of
1648	water and conservation efforts are adequate to supply water for
1649	all existing legal uses and reasonably anticipated future needs
1650	and to sustain the water resources and related natural systems.
1651	5.  Any completed regional water supply plans.
1652	(7)  CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.-
1653	(b)  The consolidated annual report shall contain the
1654	following elements, as appropriate to that water management
1655	district:
1656	1.  A district water management plan annual report or the
1657	annual work plan report allowed in subparagraph (2)(e)4.
1658	2.  The department-approved minimum flows and levels annual
1659	priority list and schedule required by s. 373.042(2).
1660	3.  The annual 5-year capital improvements plan required by
1661	s. 373.536(6)(a)3.
1662	4.  The alternative water supplies annual report required
1663	by s. 373.707(8)(n) 373.1961(3)(n).
1664	5.  The final annual 5-year water resource development work
1665	program required by s. 373.536(6)(a)4.
1666	6.  The Florida Forever Water Management District Work Plan
1667	annual report required by s. 373.199(7).
1668	7.  The mitigation donation annual report required by s.
1669	373.414(1)(b)2.
1670	Section 12.  Paragraphs (a) and (e) of subsection (4) of
1671	section 373.0363, Florida Statutes, are amended to read:
1672	373.0363  Southern Water Use Caution Area Recovery
1673	Strategy.-
1674	(4)  The West-Central Florida Water Restoration Action Plan
1675	includes:
1676	(a)  The Central West Coast Surface Water Enhancement
1677	Initiative. The purpose of this initiative is to make additional
1678	surface waters available for public supply through restoration
1679	of surface waters, natural water flows, and freshwater wetland
1680	communities. This initiative is designed to allow limits on
1681	groundwater withdrawals in order to slow the rate of saltwater
1682	intrusion. The initiative shall be an ongoing program in
1683	cooperation with the Peace River-Manasota Regional Water Supply
1684	Authority created under s. 373.713 373.1962.
1685	(e)  The Central Florida Water Resource Development
1686	Initiative. The purpose of this initiative is to create and
1687	implement a long-term plan that takes a comprehensive approach
1688	to limit ground water withdrawals in the Southern Water Use
1689	Caution Area and to identify and develop alternative water
1690	supplies for Polk County. The project components developed
1691	pursuant to this initiative are eligible for state and regional
1692	funding under s. 373.707 373.196 as an alternative water supply,
1693	as defined in s. 373.019, or as a supplemental water supply
1694	under the rules of the Southwest Florida Water Management
1695	District or the South Florida Water Management District. The
1696	initiative shall be implemented by the district as an ongoing
1697	program in cooperation with Polk County and the South Florida
1698	Water Management District.
1699	Section 13.  Subsection (2) of section 373.0421, Florida
1700	Statutes, is amended to read:
1701	373.0421  Establishment and implementation of minimum flows
1702	and levels.-
1703	(2)  If the existing flow or level in a water body is
1704	below, or is projected to fall within 20 years below, the
1705	applicable minimum flow or level established pursuant to s.
1706	373.042, the department or governing board, as part of the
1707	regional water supply plan described in s. 373.709 373.0361,
1708	shall expeditiously implement a recovery or prevention strategy,
1709	which includes the development of additional water supplies and
1710	other actions, consistent with the authority granted by this
1711	chapter, to:
1712	(a)  Achieve recovery to the established minimum flow or
1713	level as soon as practicable; or
1714	(b)  Prevent the existing flow or level from falling below
1715	the established minimum flow or level.
1716
1717	The recovery or prevention strategy shall include phasing or a
1718	timetable which will allow for the provision of sufficient water
1719	supplies for all existing and projected reasonable-beneficial
1720	uses, including development of additional water supplies and
1721	implementation of conservation and other efficiency measures
1722	concurrent with, to the extent practical, and to offset,
1723	reductions in permitted withdrawals, consistent with the
1724	provisions of this chapter.
1725	Section 14.  Subsection (4) of section 373.0695, Florida
1726	Statutes, is amended to read:
1727	373.0695  Duties of basin boards; authorized expenditures.-
1728	(4)  In the exercise of the duties and powers granted
1729	herein, the basin boards shall be subject to all the limitations
1730	and restrictions imposed on the water management districts in s.
1731	373.703 373.1961.
1732	Section 15.  Subsections (3) and (5) of section 373.223,
1733	Florida Statutes, are amended to read:
1734	373.223  Conditions for a permit.-
1735	(3)  Except for the transport and use of water supplied by
1736	the Central and Southern Florida Flood Control Project, and
1737	anywhere in the state when the transport and use of water is
1738	supplied exclusively for bottled water as defined in s.
1739	500.03(1)(d), any water use permit applications pending as of
1740	April 1, 1998, with the Northwest Florida Water Management
1741	District and self-suppliers of water for which the proposed
1742	water source and area of use or application are located on
1743	contiguous private properties, when evaluating whether a
1744	potential transport and use of ground or surface water across
1745	county boundaries is consistent with the public interest,
1746	pursuant to paragraph (1)(c), the governing board or department
1747	shall consider:
1748	(a)  The proximity of the proposed water source to the area
1749	of use or application.
1750	(b)  All impoundments, streams, groundwater sources, or
1751	watercourses that are geographically closer to the area of use
1752	or application than the proposed source, and that are
1753	technically and economically feasible for the proposed transport
1754	and use.
1755	(c)  All economically and technically feasible alternatives
1756	to the proposed source, including, but not limited to,
1757	desalination, conservation, reuse of nonpotable reclaimed water
1758	and stormwater, and aquifer storage and recovery.
1759	(d)  The potential environmental impacts that may result
1760	from the transport and use of water from the proposed source,
1761	and the potential environmental impacts that may result from use
1762	of the other water sources identified in paragraphs (b) and (c).
1763	(e)  Whether existing and reasonably anticipated sources of
1764	water and conservation efforts are adequate to supply water for
1765	existing legal uses and reasonably anticipated future needs of
1766	the water supply planning region in which the proposed water
1767	source is located.
1768	(f)  Consultations with local governments affected by the
1769	proposed transport and use.
1770	(g)  The value of the existing capital investment in water-
1771	related infrastructure made by the applicant.
1772
1773	Where districtwide water supply assessments and regional water
1774	supply plans have been prepared pursuant to ss. 373.036 and
1775	373.709 373.0361, the governing board or the department shall
1776	use the applicable plans and assessments as the basis for its
1777	consideration of the applicable factors in this subsection.
1778	(5)  In evaluating an application for consumptive use of
1779	water which proposes the use of an alternative water supply
1780	project as described in the regional water supply plan and
1781	provides reasonable assurances of the applicant's capability to
1782	design, construct, operate, and maintain the project, the
1783	governing board or department shall presume that the alternative
1784	water supply use is consistent with the public interest under
1785	paragraph (1)(c). However, where the governing board identifies
1786	the need for a multijurisdictional water supply entity or
1787	regional water supply authority to develop the alternative water
1788	supply project pursuant to s. 373.709(2)(a)2. 373.0361(2)(a)2.,
1789	the presumption shall be accorded only to that use proposed by
1790	such entity or authority. This subsection does not effect
1791	evaluation of the use pursuant to the provisions of paragraphs
1792	(1)(a) and (b), subsections (2) and (3), and ss. 373.2295 and
1793	373.233.
1794	Section 16.  Section 373.2234, Florida Statutes, is amended
1795	to read:
1796	373.2234  Preferred water supply sources.-The governing
1797	board of a water management district is authorized to adopt
1798	rules that identify preferred water supply sources for
1799	consumptive uses for which there is sufficient data to establish
1800	that a preferred source will provide a substantial new water
1801	supply to meet the existing and projected reasonable-beneficial
1802	uses of a water supply planning region identified pursuant to s.
1803	373.709(1) 373.0361(1), while sustaining existing water
1804	resources and natural systems. At a minimum, such rules must
1805	contain a description of the preferred water supply source and
1806	an assessment of the water the preferred source is projected to
1807	produce. If an applicant proposes to use a preferred water
1808	supply source, that applicant's proposed water use is subject to
1809	s. 373.223(1), except that the proposed use of a preferred water
1810	supply source must be considered by a water management district
1811	when determining whether a permit applicant's proposed use of
1812	water is consistent with the public interest pursuant to s.
1813	373.223(1)(c). A consumptive use permit issued for the use of a
1814	preferred water supply source must be granted, when requested by
1815	the applicant, for at least a 20-year period and may be subject
1816	to the compliance reporting provisions of s. 373.236(4). Nothing
1817	in this section shall be construed to exempt the use of
1818	preferred water supply sources from the provisions of ss.
1819	373.016(4) and 373.223(2) and (3), or be construed to provide
1820	that permits issued for the use of a nonpreferred water supply
1821	source must be issued for a duration of less than 20 years or
1822	that the use of a nonpreferred water supply source is not
1823	consistent with the public interest. Additionally, nothing in
1824	this section shall be interpreted to require the use of a
1825	preferred water supply source or to restrict or prohibit the use
1826	of a nonpreferred water supply source. Rules adopted by the
1827	governing board of a water management district to implement this
1828	section shall specify that the use of a preferred water supply
1829	source is not required and that the use of a nonpreferred water
1830	supply source is not restricted or prohibited.
1831	Section 17.  Subsection (3) of section 373.229, Florida
1832	Statutes, is amended to read:
1833	373.229  Application for permit.-
1834	(3)  In addition to the information required in subsection
1835	(1), all permit applications filed with the governing board or
1836	the department which propose the transport and use of water
1837	across county boundaries shall include information pertaining to
1838	factors to be considered, pursuant to s. 373.223(3), unless
1839	exempt under s. 373.713(9) 373.1962(9).
1840	Section 18.  Paragraph (a) of subsection (6) of section
1841	373.236, Florida Statutes, is amended to read:
1842	373.236  Duration of permits; compliance reports.-
1843	(6)(a)  The Legislature finds that the need for alternative
1844	water supply development projects to meet anticipated public
1845	water supply demands of the state is so important that it is
1846	essential to encourage participation in and contribution to
1847	these projects by private-rural-land owners who
1848	characteristically have relatively modest near-term water
1849	demands but substantially increasing demands after the 20-year
1850	planning period in s. 373.709 373.0361. Therefore, where such
1851	landowners make extraordinary contributions of lands or
1852	construction funding to enable the expeditious implementation of
1853	such projects, water management districts and the department may
1854	grant permits for such projects for a period of up to 50 years
1855	to municipalities, counties, special districts, regional water
1856	supply authorities, multijurisdictional water supply entities,
1857	and publicly or privately owned utilities, with the exception of
1858	any publicly or privately owned utilities created for or by a
1859	private landowner after April 1, 2008, which have entered into
1860	an agreement with the private landowner for the purpose of more
1861	efficiently pursuing alternative public water supply development
1862	projects identified in a district's regional water supply plan
1863	and meeting water demands of both the applicant and the
1864	landowner.
1865	Section 19.  Paragraph (a) of subsection (6) of section
1866	373.536, Florida Statutes, is amended to read:
1867	373.536  District budget and hearing thereon.-
1868	(6)  FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
1869	WATER RESOURCE DEVELOPMENT WORK PROGRAM.-
1870	(a)  Each district must, by the date specified for each
1871	item, furnish copies of the following documents to the Governor,
1872	the President of the Senate, the Speaker of the House of
1873	Representatives, the chairs of all legislative committees and
1874	subcommittees having substantive or fiscal jurisdiction over the
1875	districts, as determined by the President of the Senate or the
1876	Speaker of the House of Representatives as applicable, the
1877	secretary of the department, and the governing board of each
1878	county in which the district has jurisdiction or derives any
1879	funds for the operations of the district:
1880	1.  The adopted budget, to be furnished within 10 days
1881	after its adoption.
1882	2.  A financial audit of its accounts and records, to be
1883	furnished within 10 days after its acceptance by the governing
1884	board. The audit must be conducted in accordance with the
1885	provisions of s. 11.45 and the rules adopted thereunder. In
1886	addition to the entities named above, the district must provide
1887	a copy of the audit to the Auditor General within 10 days after
1888	its acceptance by the governing board.
1889	3.  A 5-year capital improvements plan, to be included in
1890	the consolidated annual report required by s. 373.036(7). The
1891	plan must include expected sources of revenue for planned
1892	improvements and must be prepared in a manner comparable to the
1893	fixed capital outlay format set forth in s. 216.043.
1894	4.  A 5-year water resource development work program to be
1895	furnished within 30 days after the adoption of the final budget.
1896	The program must describe the district's implementation strategy
1897	for the water resource development component of each approved
1898	regional water supply plan developed or revised under s. 373.709
1899	373.0361. The work program must address all the elements of the
1900	water resource development component in the district's approved
1901	regional water supply plans and must identify which projects in
1902	the work program will provide water, explain how each water
1903	resource development project will produce additional water
1904	available for consumptive uses, estimate the quantity of water
1905	to be produced by each project, and provide an assessment of the
1906	contribution of the district's regional water supply plans in
1907	providing sufficient water to meet the water supply needs of
1908	existing and future reasonable-beneficial uses for a 1-in-10-
1909	year drought event. Within 30 days after its submittal, the
1910	department shall review the proposed work program and submit its
1911	findings, questions, and comments to the district. The review
1912	must include a written evaluation of the program's consistency
1913	with the furtherance of the district's approved regional water
1914	supply plans, and the adequacy of proposed expenditures. As part
1915	of the review, the department shall give interested parties the
1916	opportunity to provide written comments on each district's
1917	proposed work program. Within 45 days after receipt of the
1918	department's evaluation, the governing board shall state in
1919	writing to the department which changes recommended in the
1920	evaluation it will incorporate into its work program submitted
1921	as part of the March 1 consolidated annual report required by s.
1922	373.036(7) or specify the reasons for not incorporating the
1923	changes. The department shall include the district's responses
1924	in a final evaluation report and shall submit a copy of the
1925	report to the Governor, the President of the Senate, and the
1926	Speaker of the House of Representatives.
1927	Section 20.  Subsection (11) of section 373.59, Florida
1928	Statutes, is amended to read:
1929	373.59  Water Management Lands Trust Fund.-
1930	(11)  Notwithstanding any provision of this section to the
1931	contrary, the governing board of a water management district may
1932	request, and the Secretary of Environmental Protection shall
1933	release upon such request, moneys allocated to the districts
1934	pursuant to subsection (8) for purposes consistent with the
1935	provisions of s. 373.709 373.0361, s. 373.705 373.0831, s.
1936	373.139, or ss. 373.451-373.4595 and for legislatively
1937	authorized land acquisition and water restoration initiatives.
1938	No funds may be used pursuant to this subsection until necessary
1939	debt service obligations, requirements for payments in lieu of
1940	taxes, and land management obligations that may be required by
1941	this chapter are provided for.
1942	Section 21.  Paragraph (g) of subsection (1) of section
1943	378.212, Florida Statutes, is amended to read:
1944	378.212  Variances.-
1945	(1)  Upon application, the secretary may grant a variance
1946	from the provisions of this part or the rules adopted pursuant
1947	thereto. Variances and renewals thereof may be granted for any
1948	one of the following reasons:
1949	(g)  To accommodate reclamation that provides water supply
1950	development or water resource development not inconsistent with
1951	the applicable regional water supply plan approved pursuant to
1952	s. 373.709 373.0361, provided adverse impacts are not caused to
1953	the water resources in the basin. A variance may also be granted
1954	from the requirements of part IV of chapter 373, or the rules
1955	adopted thereunder, when a project provides an improvement in
1956	water availability in the basin and does not cause adverse
1957	impacts to water resources in the basin.
1958	Section 22.  Subsection (9) of section 378.404, Florida
1959	Statutes, is amended to read:
1960	378.404  Department of Environmental Protection; powers and
1961	duties.-The department shall have the following powers and
1962	duties:
1963	(9)  To grant variances from the provisions of this part to
1964	accommodate reclamation that provides for water supply
1965	development or water resource development not inconsistent with
1966	the applicable regional water supply plan approved pursuant to
1967	s. 373.709 373.0361, appropriate stormwater management, improved
1968	wildlife habitat, recreation, or a mixture thereof, provided
1969	adverse impacts are not caused to the water resources in the
1970	basin and public health and safety are not adversely affected.
1971	Section 23.  Paragraph (a) of subsection (3) of section
1972	403.0891, Florida Statutes, is amended to read:
1973	403.0891  State, regional, and local stormwater management
1974	plans and programs.-The department, the water management
1975	districts, and local governments shall have the responsibility
1976	for the development of mutually compatible stormwater management
1977	programs.
1978	(3)(a)  Each local government required by chapter 163 to
1979	submit a comprehensive plan, whose plan is submitted after July
1980	1, 1992, and the others when updated after July 1, 1992, in the
1981	development of its stormwater management program described by
1982	elements within its comprehensive plan shall consider the water
1983	resource implementation rule, district stormwater management
1984	goals, plans approved pursuant to the Surface Water Improvement
1985	and Management Act, ss. 373.451-373.4595, and technical
1986	assistance information provided by the water management
1987	districts pursuant to s. 373.711 373.0391.
1988	Section 24.  Section 403.890, Florida Statutes, is amended
1989	to read:
1990	403.890  Water Protection and Sustainability Program;
1991	intent; goals; purposes.-
1992	(1)  Effective July 1, 2006, revenues transferred from the
1993	Department of Revenue pursuant to s. 201.15(1)(c)2. shall be
1994	deposited into the Water Protection and Sustainability Program
1995	Trust Fund in the Department of Environmental Protection. These
1996	revenues and any other additional revenues deposited into or
1997	appropriated to the Water Protection and Sustainability Program
1998	Trust Fund shall be distributed by the Department of
1999	Environmental Protection in the following manner:
2000	(a)  Sixty percent to the Department of Environmental
2001	Protection for the implementation of an alternative water supply
2002	program as provided in s. 373.1961.
2003	(b)  Twenty percent for the implementation of best
2004	management practices and capital project expenditures necessary
2005	for the implementation of the goals of the total maximum daily
2006	load program established in s. 403.067. Of these funds, 85
2007	percent shall be transferred to the credit of the Department of
2008	Environmental Protection Water Quality Assurance Trust Fund to
2009	address water quality impacts associated with nonagricultural
2010	nonpoint sources. Fifteen percent of these funds shall be
2011	transferred to the Department of Agriculture and Consumer
2012	Services General Inspection Trust Fund to address water quality
2013	impacts associated with agricultural nonpoint sources. These
2014	funds shall be used for research, development, demonstration,
2015	and implementation of the total maximum daily load program under
2016	s. 403.067, suitable best management practices or other measures
2017	used to achieve water quality standards in surface waters and
2018	water segments identified pursuant to s. 303(d) of the Clean
2019	Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
2020	Implementation of best management practices and other measures
2021	may include cost-share grants, technical assistance,
2022	implementation tracking, and conservation leases or other
2023	agreements for water quality improvement. The Department of
2024	Environmental Protection and the Department of Agriculture and
2025	Consumer Services may adopt rules governing the distribution of
2026	funds for implementation of capital projects, best management
2027	practices, and other measures. These funds shall not be used to
2028	abrogate the financial responsibility of those point and
2029	nonpoint sources that have contributed to the degradation of
2030	water or land areas. Increased priority shall be given by the
2031	department and the water management district governing boards to
2032	those projects that have secured a cost-sharing agreement
2033	allocating responsibility for the cleanup of point and nonpoint
2034	sources.
2035	(c)  Ten percent shall be disbursed for the purposes of
2036	funding projects pursuant to ss. 373.451-373.459 or surface
2037	water restoration activities in water-management-district-
2038	designated priority water bodies. The Secretary of Environmental
2039	Protection shall ensure that each water management district
2040	receives the following percentage of funds annually:
2041	1.  Thirty-five percent to the South Florida Water
2042	Management District;
2043	2.  Twenty-five percent to the Southwest Florida Water
2044	Management District;
2045	3.  Twenty-five percent to the St. Johns River Water
2046	Management District;
2047	4.  Seven and one-half percent to the Suwannee River Water
2048	Management District; and
2049	5.  Seven and one-half percent to the Northwest Florida
2050	Water Management District.
2051	(d)  Ten percent to the Department of Environmental
2052	Protection for the Disadvantaged Small Community Wastewater
2053	Grant Program as provided in s. 403.1838.
2054	(2)  Applicable beginning in the 2007-2008 fiscal year,
2055	revenues transferred from the Department of Revenue pursuant to
2056	s. 201.15(1)(c)2. shall be deposited into the Water Protection
2057	and Sustainability Program Trust Fund in the Department of
2058	Environmental Protection. These revenues and any other
2059	additional Revenues deposited into or appropriated to the Water
2060	Protection and Sustainability Program Trust Fund shall be
2061	distributed by the Department of Environmental Protection in the
2062	following manner:
2063	(1)(a)  Sixty-five percent to the Department of
2064	Environmental Protection for the implementation of an
2065	alternative water supply program as provided in s. 373.703
2066	373.1961.
2067	(2)(b)  Twenty-two and five-tenths percent for the
2068	implementation of best management practices and capital project
2069	expenditures necessary for the implementation of the goals of
2070	the total maximum daily load program established in s. 403.067.
2071	Of these funds, 83.33 percent shall be transferred to the credit
2072	of the Department of Environmental Protection Water Quality
2073	Assurance Trust Fund to address water quality impacts associated
2074	with nonagricultural nonpoint sources. Sixteen and sixty-seven
2075	hundredths percent of these funds shall be transferred to the
2076	Department of Agriculture and Consumer Services General
2077	Inspection Trust Fund to address water quality impacts
2078	associated with agricultural nonpoint sources. These funds shall
2079	be used for research, development, demonstration, and
2080	implementation of the total maximum daily load program under s.
2081	403.067, suitable best management practices or other measures
2082	used to achieve water quality standards in surface waters and
2083	water segments identified pursuant to s. 303(d) of the Clean
2084	Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
2085	Implementation of best management practices and other measures
2086	may include cost-share grants, technical assistance,
2087	implementation tracking, and conservation leases or other
2088	agreements for water quality improvement. The Department of
2089	Environmental Protection and the Department of Agriculture and
2090	Consumer Services may adopt rules governing the distribution of
2091	funds for implementation of capital projects, best management
2092	practices, and other measures. These funds shall not be used to
2093	abrogate the financial responsibility of those point and
2094	nonpoint sources that have contributed to the degradation of
2095	water or land areas. Increased priority shall be given by the
2096	department and the water management district governing boards to
2097	those projects that have secured a cost-sharing agreement
2098	allocating responsibility for the cleanup of point and nonpoint
2099	sources.
2100	(3)(c)  Twelve and five-tenths percent to the Department of
2101	Environmental Protection for the Disadvantaged Small Community
2102	Wastewater Grant Program as provided in s. 403.1838.
2103	(4)(d)  On June 30, 2009, and every 24 months thereafter,
2104	the Department of Environmental Protection shall request the
2105	return of all unencumbered funds distributed pursuant to this
2106	section. These funds shall be deposited into the Water
2107	Protection and Sustainability Program Trust Fund and
2108	redistributed pursuant to the provisions of this section.
2109	(3)  For the 2008-2009 fiscal year only, moneys in the
2110	Water Protection and Sustainability Program Trust Fund shall be
2111	transferred to the Ecosystem Management and Restoration Trust
2112	Fund for grants and aids to local governments for water projects
2113	as provided in the General Appropriations Act. This subsection
2114	expires July 1, 2009.
2115	(4)  For fiscal year 2005-2006, funds deposited or
2116	appropriated into the Water Protection and Sustainability
2117	Program Trust Fund shall be distributed as follows:
2118	(a)  One hundred million dollars to the Department of
2119	Environmental Protection for the implementation of an
2120	alternative water supply program as provided in s. 373.1961.
2121	(b)  Funds remaining after the distribution provided for in
2122	subsection (1) shall be distributed as follows:
2123	1.  Fifty percent for the implementation of best management
2124	practices and capital project expenditures necessary for the
2125	implementation of the goals of the total maximum daily load
2126	program established in s. 403.067. Of these funds, 85 percent
2127	shall be transferred to the credit of the Department of
2128	Environmental Protection Water Quality Assurance Trust Fund to
2129	address water quality impacts associated with nonagricultural
2130	nonpoint sources. Fifteen percent of these funds shall be
2131	transferred to the Department of Agriculture and Consumer
2132	Services General Inspection Trust Fund to address water quality
2133	impacts associated with agricultural nonpoint sources. These
2134	funds shall be used for research, development, demonstration,
2135	and implementation of suitable best management practices or
2136	other measures used to achieve water quality standards in
2137	surface waters and water segments identified pursuant to s.
2138	303(d) of the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss.
2139	1251 et seq. Implementation of best management practices and
2140	other measures may include cost-share grants, technical
2141	assistance, implementation tracking, and conservation leases or
2142	other agreements for water quality improvement. The Department
2143	of Environmental Protection and the Department of Agriculture
2144	and Consumer Services may adopt rules governing the distribution
2145	of funds for implementation of best management practices. These
2146	funds shall not be used to abrogate the financial responsibility
2147	of those point and nonpoint sources that have contributed to the
2148	degradation of water or land areas. Increased priority shall be
2149	given by the department and the water management district
2150	governing boards to those projects that have secured a cost-
2151	sharing agreement allocating responsibility for the cleanup of
2152	point and nonpoint sources.
2153	2.  Twenty-five percent for the purposes of funding
2154	projects pursuant to ss. 373.451-373.459 or surface water
2155	restoration activities in water-management-district-designated
2156	priority water bodies. The Secretary of Environmental Protection
2157	shall ensure that each water management district receives the
2158	following percentage of funds annually:
2159	a.  Thirty-five percent to the South Florida Water
2160	Management District;
2161	b.  Twenty-five percent to the Southwest Florida Water
2162	Management District;
2163	c.  Twenty-five percent to the St. Johns River Water
2164	Management District;
2165	d.  Seven and one-half percent to the Suwannee River Water
2166	Management District; and
2167	e.  Seven and one-half percent to the Northwest Florida
2168	Water Management District.
2169	3.  Twenty-five percent to the Department of Environmental
2170	Protection for the Disadvantaged Small Community Wastewater
2171	Grant Program as provided in s. 403.1838.
2172
2173	Prior to the end of the 2008 Regular Session, the Legislature
2174	must review the distribution of funds under the Water Protection
2175	and Sustainability Program to determine if revisions to the
2176	funding formula are required. At the discretion of the President
2177	of the Senate and the Speaker of the House of Representatives,
2178	the appropriate substantive committees of the Legislature may
2179	conduct an interim project to review the Water Protection and
2180	Sustainability Program and the funding formula and make written
2181	recommendations to the Legislature proposing necessary changes,
2182	if any.
2183	(5)  For the 2009-2010 fiscal year only, funds shall be
2184	distributed as follows:
2185	(a)  Thirty-one and twenty-one hundredths percent to the
2186	Department of Environmental Protection for the implementation of
2187	an alternative water supply program as provided in s. 373.1961.
2188	(b)  Twenty-six and eighty-seven hundredths percent for the
2189	implementation of best management practices and capital project
2190	expenditures necessary for the implementation of the goals of
2191	the total maximum daily load program established in s. 403.067.
2192	Of these funds, 86 percent shall be transferred to the credit of
2193	the Water Quality Assurance Trust Fund of the Department of
2194	Environmental Protection to address water quality impacts
2195	associated with nonagricultural nonpoint sources. Fourteen
2196	percent of these funds shall be transferred to the General
2197	Inspection Trust Fund of the Department of Agriculture and
2198	Consumer Services to address water quality impacts associated
2199	with agricultural nonpoint sources. These funds shall be used
2200	for research, development, demonstration, and implementation of
2201	the total maximum daily load program under s. 403.067, suitable
2202	best management practices, or other measures used to achieve
2203	water quality standards in surface waters and water segments
2204	identified pursuant to s. 303(d) of the Clean Water Act, Pub. L.
2205	No. 92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best
2206	management practices and other measures may include cost-share
2207	grants, technical assistance, implementation tracking, and
2208	conservation leases or other agreements for water quality
2209	improvement. The Department of Environmental Protection and the
2210	Department of Agriculture and Consumer Services may adopt rules
2211	governing the distribution of funds for implementation of
2212	capital projects, best management practices, and other measures.
2213	These funds may not be used to abrogate the financial
2214	responsibility of those point and nonpoint sources that have
2215	contributed to the degradation of water or land areas. Increased
2216	priority shall be given by the department and the water
2217	management district governing boards to those projects that have
2218	secured a cost-sharing agreement that allocates responsibility
2219	for the cleanup of point and nonpoint sources.
2220	(c)  Forty-one and ninety-two hundredths percent to the
2221	Department of Environmental Protection for the Disadvantaged
2222	Small Community Wastewater Grant Program as provided in s.
2223	403.1838.
2224
2225	This subsection expires July 1, 2010.
2226	Section 25.  Subsection (1) of section 403.891, Florida
2227	Statutes, is amended to read:
2228	403.891  Water Protection and Sustainability Program Trust
2229	Fund of the Department of Environmental Protection.-
2230	(1)  The Water Protection and Sustainability Program Trust
2231	Fund is created within the Department of Environmental
2232	Protection. The purpose of the trust fund is to receive funds
2233	pursuant to s. 201.15(1)(c)2., funds from other sources provided
2234	for in law and the General Appropriations Act, and funds
2235	received by the department in order to implement the provisions
2236	of the Water Sustainability and Protection Program created in s.
2237	403.890.
2238	Section 26.  Section 682.02, Florida Statutes, is amended
2239	to read:
2240	682.02  Arbitration agreements made valid, irrevocable, and
2241	enforceable; scope.-Two or more parties may agree in writing to
2242	submit to arbitration any controversy existing between them at
2243	the time of the agreement, or they may include in a written
2244	contract a provision for the settlement by arbitration of any
2245	controversy thereafter arising between them relating to such
2246	contract or the failure or refusal to perform the whole or any
2247	part thereof. This section also applies to written interlocal
2248	agreements under ss. 163.01 and 373.713 373.1962 in which two or
2249	more parties agree to submit to arbitration any controversy
2250	between them concerning water use permit applications and other
2251	matters, regardless of whether or not the water management
2252	district with jurisdiction over the subject application is a
2253	party to the interlocal agreement or a participant in the
2254	arbitration. Such agreement or provision shall be valid,
2255	enforceable, and irrevocable without regard to the justiciable
2256	character of the controversy; provided that this act shall not
2257	apply to any such agreement or provision to arbitrate in which
2258	it is stipulated that this law shall not apply or to any
2259	arbitration or award thereunder.
2260	Section 27.  Section 373.71, Florida Statutes, is
2261	renumbered as section 373.69, Florida Statutes.
2262	Section 28.  Sections 373.0361, 373.0391, 373.0831,
2263	373.196, 373.1961, 373.1962, and 373.1963, Florida Statutes, are
2264	repealed.
2265	Section 29.  This act shall take effect July 1, 2010.

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