HB 1109

1
A bill to be entitled
2An act relating to water supply; creating part VII of ch.
3373, F.S., relating to water supply policy, planning,
4production, and funding; providing a declaration of
5policy; providing for the powers and duties of water
6management district governing boards; requiring the
7Department of Environmental Protection to develop the
8Florida water supply plan; providing components of the
9plan; requiring water management district governing boards
10to develop water supply plans for their respective
11regions; providing components of district water supply
12plans; providing legislative findings and intent with
13respect to water resource development and water supply
14development; requiring water management districts to fund
15and implement water resource development; specifying water
16supply development projects that are eligible to receive
17priority consideration for state or water management
18district funding assistance; encouraging cooperation in
19the development of water supplies; providing for
20alternative water supply development; encouraging
21municipalities, counties, and special districts to create
22regional water supply authorities; establishing the
23primary roles of the water management districts in
24alternative water supply development; establishing the
25primary roles of local governments, regional water supply
26authorities, special districts, and publicly owned and
27privately owned water utilities in alternative water
28supply development; requiring the water management
29districts to detail the specific allocations to be used
30for alternative water supply development in their annual
31budget submission; requiring that the water management
32districts include the amount needed to implement the water
33supply development projects in each annual budget;
34establishing general funding criteria for funding
35assistance to the state or water management districts;
36establishing economic incentives for alternative water
37supply development; providing a funding formula for the
38distribution of state funds to the water management
39districts for alternative water supply development;
40requiring that funding assistance for alternative water
41supply development be limited to a percentage of the total
42capital costs of an approved project; establishing a
43selection process and criteria; providing for cost
44recovery from the Public Service Commission; requiring a
45water management district governing board to conduct water
46supply planning for each region identified in the district
47water supply plan; providing procedures and requirements
48with respect to regional water supply plans; providing for
49joint development of a specified water supply development
50component of a regional water supply plan within the
51boundaries of the Southwest Florida Water Management
52District; providing that approval of a regional water
53supply plan is not subject to the rulemaking requirements
54of the Administrative Procedure Act; requiring the
55department to submit annual reports on the status of
56regional water supply planning in each district; providing
57construction with respect to the water supply development
58component of a regional water supply plan; requiring water
59management districts to present to certain entities the
60relevant portions of a regional water supply plan;
61requiring certain entities to provide written notification
62to water management districts as to the implementation of
63water supply project options; requiring water management
64districts to notify local governments of the need for
65alternative water supply projects; requiring water
66management districts to assist local governments in the
67development and future revision of local government
68comprehensive plan elements or public facilities reports
69related to water resource issues; providing for the
70creation of regional water supply authorities; providing
71purpose of such authorities; specifying considerations
72with respect to the creation of a proposed authority;
73specifying authority of a regional water supply authority;
74providing authority of specified entities to convey title,
75dedicate land, or grant land-use rights to a regional
76water supply authority for specified purposes; providing
77preferential rights of counties and municipalities to
78purchase water from regional water supply authorities;
79providing exemption for specified water supply authorities
80from consideration of certain factors and submissions;
81providing applicability of such exemptions; authorizing
82the West Coast Regional Water Supply Authority and its
83member governments to reconstitute the authority's
84governance and rename the authority under a voluntary
85interlocal agreement; providing compliance requirements
86with respect to the interlocal agreement; providing for
87supersession of conflicting general or special laws;
88providing requirements with respect to annual budgets;
89specifying the annual millage for the authority;
90authorizing the authority to request the governing board
91of the district to levy ad valorem taxes within the
92boundaries of the authority to finance authority
93functions; providing requirements and procedures with
94respect to the collection of such taxes; amending ss.
95120.52, 163.3167, 163.3177, 163.3191, 189.404, 189.4155,
96189.4156, 367.021, 373.019, 373.036, 373.0363, 373.0421,
97373.0695, 373.223, 373.2234, 373.229, 373.236, 373.536,
98373.59, 378.212, 378.404, 403.0891, 403.890, 403.891, and
99682.02, F.S.; conforming cross-references and removing
100obsolete provisions; renumbering s. 373.71, F.S., relating
101to the Apalachicola-Chattahoochee-Flint River Basin
102Compact, to clarify retention of the section in part VI of
103ch. 373, F.S.; repealing s. 373.0361, F.S., relating to
104regional water supply planning; repealing s. 373.0391,
105F.S., relating to technical assistance to local
106governments; repealing s. 373.0831, F.S., relating to
107water resource and water supply development; repealing s.
108373.196, F.S., relating to alternative water supply
109development; repealing s. 373.1961, F.S., relating to
110water production and related powers and duties of water
111management districts; repealing s. 373.1962, F.S.,
112relating to regional water supply authorities; repealing
113s. 373.1963, F.S., relating to assistance to the West
114Coast Regional Water Supply Authority; providing an
115effective date.
116
117Be It Enacted by the Legislature of the State of Florida:
118
119     Section 1.  Part VII of chapter 373, Florida Statutes,
120consisting of sections 373.701, 373.703, 373.705, 373.707,
121373.709, 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
125policy of the Legislature:
126     (1)  To promote the availability of sufficient water for
127all existing and future reasonable-beneficial uses and natural
128systems.
129     (2)(a)  Because water constitutes a public resource
130benefiting the entire state, it is the policy of the Legislature
131that the waters in the state be managed on a state and regional
132basis. Consistent with this directive, the Legislature
133recognizes the need to allocate water throughout the state so as
134to meet all reasonable-beneficial uses. However, the Legislature
135acknowledges that such allocations have in the past adversely
136affected the water resources of certain areas in this state. To
137protect such water resources and to meet the current and future
138needs of those areas with abundant water, the Legislature
139directs the department and the water management districts to
140encourage the use of water from sources nearest the area of use
141or application whenever practicable. Such sources shall include
142all naturally occurring water sources and all alternative water
143sources, including, but not limited to, desalination,
144conservation, reuse of nonpotable reclaimed water and
145stormwater, and aquifer storage and recovery. Reuse of potable
146reclaimed water and stormwater shall not be subject to the
147evaluation described in s. 373.223(3)(a)-(g). However, this
148directive to encourage the use of water, whenever practicable,
149from sources nearest the area of use or application shall not
150apply to the transport and direct and indirect use of water
151within the area encompassed by the Central and Southern Florida
152Flood Control Project, nor shall it apply anywhere in the state
153to the transport and use of water supplied exclusively for
154bottled water as defined in s. 500.03(1)(d), nor shall it apply
155to the transport and use of reclaimed water for electrical power
156production by an electric utility as defined in s. 366.02(2).
157     (b)  In establishing the policy outlined in paragraph (a),
158the Legislature realizes that under certain circumstances the
159need to transport water from distant sources may be necessary
160for environmental, technical, or economic reasons.
161     (3)  Cooperative efforts between municipalities, counties,
162water management districts, and the department are mandatory in
163order to meet the water needs of rapidly urbanizing areas in a
164manner that will supply adequate and dependable supplies of
165water where needed without resulting in adverse effects upon the
166areas from which such water is withdrawn. Such efforts should
167use all practical means of obtaining water, including, but not
168limited to, withdrawals of surface water and groundwater, reuse,
169and desalination and will necessitate not only cooperation but
170also well-coordinated activities. Municipalities, counties, and
171special districts are encouraged to create regional water supply
172authorities as authorized in s. 373.713 or multijurisdictional
173water supply entities.
174     373.703  Water production; powers and duties.-In the
175performance of, and in conjunction with, its other powers and
176duties, the governing board of a water management district
177existing pursuant to this chapter:
178     (1)  Shall engage in planning to assist counties,
179municipalities, special districts, publicly owned and privately
180owned water utilities, multijurisdictional water supply
181entities, or regional water supply authorities in meeting water
182supply needs in such manner as will give priority to encouraging
183conservation and reducing adverse environmental effects of
184improper or excessive withdrawals of water from concentrated
185areas. As used in this section and s. 373.707, regional water
186supply authorities are regional water authorities created under
187s. 373.713 or other laws of this state.
188     (2)  Shall assist counties, municipalities, special
189districts, publicly owned or privately owned water utilities,
190multijurisdictional water supply entities, or regional water
191supply authorities in meeting water supply needs in such manner
192as will give priority to encouraging conservation and reducing
193adverse environmental effects of improper or excessive
194withdrawals of water from concentrated areas.
195     (3)  May establish, design, construct, operate, and
196maintain water production and transmission facilities for the
197purpose of supplying water to counties, municipalities, special
198districts, publicly owned and privately owned water utilities,
199multijurisdictional water supply entities, or regional water
200supply authorities. The permit required by part II of this
201chapter for a water management district engaged in water
202production and transmission shall be granted, denied, or granted
203with conditions by the department.
204     (4)  Shall not engage in local water supply distribution.
205     (5)  Shall not deprive, directly or indirectly, any county
206wherein water is withdrawn of the prior right to the reasonable
207and beneficial use of water which is required to supply
208adequately the reasonable and beneficial needs of the county or
209any of the inhabitants or property owners therein.
210     (6)  May provide water and financial assistance to regional
211water supply authorities, but may not provide water to counties
212and municipalities which are located within the area of such
213authority without the specific approval of the authority or, in
214the event of the authority's disapproval, the approval of the
215Governor and Cabinet sitting as the Land and Water Adjudicatory
216Commission. The district may supply water at rates and upon
217terms mutually agreed to by the parties or, if they do not
218agree, as set by the governing board and specifically approved
219by the Governor and Cabinet sitting as the Land and Water
220Adjudicatory Commission.
221     (7)  May acquire title to such interest as is necessary in
222real property, by purchase, gift, devise, lease, eminent domain,
223or otherwise, for water production and transmission consistent
224with this section and s. 373.707. However, the district shall
225not use any of the eminent domain powers herein granted to
226acquire water and water rights already devoted to reasonable and
227beneficial use or any water production or transmission
228facilities owned by any county, municipality, or regional water
229supply authority. The district may exercise eminent domain
230powers outside of its district boundaries for the acquisition of
231pumpage facilities, storage areas, transmission facilities, and
232the normal appurtenances thereto, provided that at least 45 days
233prior to the exercise of eminent domain, the district notifies
234the district where the property is located after public notice
235and the district where the property is located does not object
236within 45 days after notification of such exercise of eminent
237domain authority.
238     (8)  In addition to the power to issue revenue bonds
239pursuant to s. 373.584, may issue revenue bonds for the purposes
240of paying the costs and expenses incurred in carrying out the
241purposes of this chapter or refunding obligations of the
242district issued pursuant to this section. Such revenue bonds
243shall be secured by, and be payable from, revenues derived from
244the operation, lease, or use of its water production and
245transmission facilities and other water-related facilities and
246from the sale of water or services relating thereto. Such
247revenue bonds may not be secured by, or be payable from, moneys
248derived by the district from the Water Management Lands Trust
249Fund or from ad valorem taxes received by the district. All
250provisions of s. 373.584 relating to the issuance of revenue
251bonds which are not inconsistent with this section shall apply
252to the issuance of revenue bonds pursuant to this section. The
253district may also issue bond anticipation notes in accordance
254with the provisions of s. 373.584.
255     (9)  May join with one or more other water management
256districts, counties, municipalities, special districts, publicly
257owned or privately owned water utilities, multijurisdictional
258water supply entities, or regional water supply authorities for
259the purpose of carrying out any of its powers, and may contract
260with such other entities to finance acquisitions, construction,
261operation, and maintenance. The contract may provide for
262contributions to be made by each party thereto, for the division
263and apportionment of the expenses of acquisitions, construction,
264operation, and maintenance, and for the division and
265apportionment of the benefits, services, and products therefrom.
266The contracts may contain other covenants and agreements
267necessary and appropriate to accomplish their purposes.
268     373.705  Water resource development; water supply
269development.-
270     (1)  The Legislature finds that:
271     (a)  The proper role of the water management districts in
272water supply is primarily planning and water resource
273development, but this does not preclude them from providing
274assistance with water supply development.
275     (b)  The proper role of local government, regional water
276supply authorities, and government-owned and privately owned
277water utilities in water supply is primarily water supply
278development, but this does not preclude them from providing
279assistance with water resource development.
280     (c)  Water resource development and water supply
281development must receive priority attention, where needed, to
282increase the availability of sufficient water for all existing
283and 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
286future reasonable-beneficial uses and the natural systems, and
287that the adverse effects of competition for water supplies be
288avoided.
289     (b)  Water management districts take the lead in
290identifying and implementing water resource development
291projects, and be responsible for securing necessary funding for
292regionally significant water resource development projects.
293     (c)  Local governments, regional water supply authorities,
294and government-owned and privately owned water utilities take
295the lead in securing funds for and implementing water supply
296development projects. Generally, direct beneficiaries of water
297supply development projects should pay the costs of the projects
298from which they benefit, and water supply development projects
299should continue to be paid for through local funding sources.
300     (d)  Water supply development be conducted in coordination
301with water management district regional water supply planning
302and water resource development.
303     (3)  The water management districts shall fund and
304implement water resource development as defined in s. 373.019.
305The water management districts are encouraged to implement water
306resource development as expeditiously as possible in areas
307subject to regional water supply plans. Each governing board
308shall include in its annual budget the amount needed for the
309fiscal year to implement water resource development projects, as
310prioritized in its regional water supply plans.
311     (4)(a)  Water supply development projects which are
312consistent with the relevant regional water supply plans and
313which meet one or more of the following criteria shall receive
314priority consideration for state or water management district
315funding assistance:
316     1.  The project supports establishment of a dependable,
317sustainable supply of water which is not otherwise financially
318feasible;
319     2.  The project provides substantial environmental benefits
320by preventing or limiting adverse water resource impacts, but
321requires funding assistance to be economically competitive with
322other options; or
323     3.  The project significantly implements reuse, storage,
324recharge, or conservation of water in a manner that contributes
325to the sustainability of regional water sources.
326     (b)  Water supply development projects that meet the
327criteria in paragraph (a) and that meet one or more of the
328following additional criteria shall be given first consideration
329for state or water management district funding assistance:
330     1.  The project brings about replacement of existing
331sources in order to help implement a minimum flow or level; or
332     2.  The project implements reuse that assists in the
333elimination of domestic wastewater ocean outfalls as provided in
334s. 403.086(9).
335     373.707  Alternative water supply development.-
336     (1)  The purpose of this section is to encourage
337cooperation in the development of water supplies and to provide
338for alternative water supply development.
339     (a)  Demands on natural supplies of fresh water to meet the
340needs of a rapidly growing population and the needs of the
341environment, agriculture, industry, and mining will continue to
342increase.
343     (b)  There is a need for the development of alternative
344water supplies for Florida to sustain its economic growth,
345economic viability, and natural resources.
346     (c)  Cooperative efforts between municipalities, counties,
347special districts, water management districts, and the
348Department of Environmental Protection are mandatory in order to
349meet the water needs of rapidly urbanizing areas in a manner
350that will supply adequate and dependable supplies of water where
351needed without resulting in adverse effects upon the areas from
352which such water is withdrawn. Such efforts should use all
353practical means of obtaining water, including, but not limited
354to, withdrawals of surface water and groundwater, reuse, and
355desalinization, and will necessitate not only cooperation but
356also well-coordinated activities. Municipalities, counties, and
357special districts are encouraged to create regional water supply
358authorities as authorized in s. 373.713 or multijurisdictional
359water supply entities.
360     (d)  Alternative water supply development must receive
361priority funding attention to increase the available supplies of
362water to meet all existing and future reasonable-beneficial uses
363and to benefit the natural systems.
364     (e)  Cooperation between counties, municipalities, regional
365water supply authorities, multijurisdictional water supply
366entities, special districts, and publicly owned and privately
367owned water utilities in the development of countywide and
368multicountywide alternative water supply projects will allow for
369necessary economies of scale and efficiencies to be achieved in
370order to accelerate the development of new, dependable, and
371sustainable alternative water supplies.
372     (f)  It is in the public interest that county, municipal,
373industrial, agricultural, and other public and private water
374users, the Department of Environmental Protection, and the water
375management districts cooperate and work together in the
376development of alternative water supplies to avoid the adverse
377effects of competition for limited supplies of water. Public
378moneys or services provided to private entities for alternative
379water supply development may constitute public purposes that
380also are in the public interest.
381     (2)(a)  Sufficient water must be available for all existing
382and future reasonable-beneficial uses and the natural systems,
383and the adverse effects of competition for water supplies must
384be avoided.
385     (b)  Water supply development and alternative water supply
386development must be conducted in coordination with water
387management district regional water supply planning.
388     (c)  Funding for the development of alternative water
389supplies shall be a shared responsibility of water suppliers and
390users, the State of Florida, and the water management districts,
391with water suppliers and users having the primary responsibility
392and the State of Florida and the water management districts
393being responsible for providing funding assistance.
394     (3)  The primary roles of the water management districts in
395water resource development as it relates to supporting
396alternative water supply development are:
397     (a)  The formulation and implementation of regional water
398resource management strategies that support alternative water
399supply development;
400     (b)  The collection and evaluation of surface water and
401groundwater data to be used for a planning level assessment of
402the feasibility of alternative water supply development
403projects;
404     (c)  The construction, operation, and maintenance of major
405public works facilities for flood control, surface and
406underground water storage, and groundwater recharge augmentation
407to support alternative water supply development;
408     (d)  Planning for alternative water supply development as
409provided in regional water supply plans in coordination with
410local governments, regional water supply authorities,
411multijurisdictional water supply entities, special districts,
412and publicly owned and privately owned water utilities and self-
413suppliers;
414     (e)  The formulation and implementation of structural and
415nonstructural programs to protect and manage water resources in
416support of alternative water supply projects; and
417     (f)  The provision of technical and financial assistance to
418local governments and publicly owned and privately owned water
419utilities for alternative water supply projects.
420     (4)  The primary roles of local government, regional water
421supply authorities, multijurisdictional water supply entities,
422special districts, and publicly owned and privately owned water
423utilities in alternative water supply development shall be:
424     (a)  The planning, design, construction, operation, and
425maintenance of alternative water supply development projects;
426     (b)  The formulation and implementation of alternative
427water supply development strategies and programs;
428     (c)  The planning, design, construction, operation, and
429maintenance of facilities to collect, divert, produce, treat,
430transmit, and distribute water for sale, resale, or end use; and
431     (d)  The coordination of alternative water supply
432development activities with the appropriate water management
433district having jurisdiction over the activity.
434     (5)  Nothing in this section shall be construed to preclude
435the various special districts, municipalities, and counties from
436continuing to operate existing water production and transmission
437facilities or to enter into cooperative agreements with other
438special districts, municipalities, and counties for the purpose
439of meeting their respective needs for dependable and adequate
440supplies of water; however, the obtaining of water through such
441operations shall not be done in a manner that results in adverse
442effects upon the areas from which such water is withdrawn.
443     (6)(a)  The statewide funds provided pursuant to the Water
444Protection and Sustainability Program serve to supplement
445existing water management district or basin board funding for
446alternative water supply development assistance and should not
447result in a reduction of such funding. Therefore, the water
448management districts shall include in the annual tentative and
449adopted budget submittals required under this chapter the amount
450of funds allocated for water resource development that supports
451alternative water supply development and the funds allocated for
452alternative water supply projects selected for inclusion in the
453Water Protection and Sustainability Program. It shall be the
454goal of each water management district and basin boards that the
455combined funds allocated annually for these purposes be, at a
456minimum, the equivalent of 100 percent of the state funding
457provided to the water management district for alternative water
458supply development. If this goal is not achieved, the water
459management district shall provide in the budget submittal an
460explanation of the reasons or constraints that prevent this goal
461from being met, an explanation of how the goal will be met in
462future years, and affirmation of match is required during the
463budget review process as established under s. 373.536(5). The
464Suwannee River Water Management District and the Northwest
465Florida Water Management District shall not be required to meet
466the match requirements of this paragraph; however, they shall
467try to achieve the match requirement to the greatest extent
468practicable.
469     (b)  State funds from the Water Protection and
470Sustainability Program created in s. 403.890 shall be made
471available for financial assistance for the project construction
472costs of alternative water supply development projects selected
473by a water management district governing board for inclusion in
474the program.
475     (7)  The water management district shall implement its
476responsibilities as expeditiously as possible in areas subject
477to regional water supply plans. Each district's governing board
478shall include in its annual budget the amount needed for the
479fiscal year to assist in implementing alternative water supply
480development projects.
481     (8)(a)  The water management districts and the state shall
482share a percentage of revenues with water providers and users,
483including local governments, water, wastewater, and reuse
484utilities, municipal, special district, industrial, and
485agricultural water users, and other public and private water
486users, to be used to supplement other funding sources in the
487development of alternative water supplies.
488     (b)  Beginning in fiscal year 2005-2006, the state shall
489annually provide a portion of those revenues deposited into the
490Water Protection and Sustainability Program Trust Fund for the
491purpose of providing funding assistance for the development of
492alternative water supplies pursuant to the Water Protection and
493Sustainability Program. At the beginning of each fiscal year,
494beginning with fiscal year 2005-2006, such revenues shall be
495distributed by the department into the alternative water supply
496trust fund accounts created by each district for the purpose of
497alternative water supply development under the following funding
498formula:
499     1.  Thirty percent to the South Florida Water Management
500District;
501     2.  Twenty-five percent to the Southwest Florida Water
502Management District;
503     3.  Twenty-five percent to the St. Johns River Water
504Management District;
505     4.  Ten percent to the Suwannee River Water Management
506District; and
507     5.  Ten percent to the Northwest Florida Water Management
508District.
509     (c)  The financial assistance for alternative water supply
510projects allocated in each district's budget as required in
511subsection (6) shall be combined with the state funds and used
512to assist in funding the project construction costs of
513alternative water supply projects selected by the governing
514board. If the district has not completed any regional water
515supply plan, or the regional water supply plan does not identify
516the need for any alternative water supply projects, funds
517deposited in that district's trust fund may be used for water
518resource development projects, including, but not limited to,
519springs protection.
520     (d)  All projects submitted to the governing board for
521consideration shall reflect the total capital cost for
522implementation. The costs shall be segregated pursuant to the
523categories described in the definition of capital costs.
524     (e)  Applicants for projects that may receive funding
525assistance pursuant to the Water Protection and Sustainability
526Program shall, at a minimum, be required to pay 60 percent of
527the project's construction costs. The water management districts
528may, at their discretion, totally or partially waive this
529requirement for projects sponsored by financially disadvantaged
530small local governments as defined in former s. 403.885(5). The
531water management districts or basin boards may, at their
532discretion, use ad valorem or federal revenues to assist a
533project applicant in meeting the requirements of this paragraph.
534     (f)  The governing boards shall determine those projects
535that will be selected for financial assistance. The governing
536boards may establish factors to determine project funding;
537however, significant weight shall be given to the following
538factors:
539     1.  Whether the project provides substantial environmental
540benefits by preventing or limiting adverse water resource
541impacts.
542     2.  Whether the project reduces competition for water
543supplies.
544     3.  Whether the project brings about replacement of
545traditional sources in order to help implement a minimum flow or
546level or a reservation.
547     4.  Whether the project will be implemented by a
548consumptive use permittee that has achieved the targets
549contained in a goal-based water conservation program approved
550pursuant to s. 373.227.
551     5.  The quantity of water supplied by the project as
552compared to its cost.
553     6.  Projects in which the construction and delivery to end
554users of reuse water is a major component.
555     7.  Whether the project will be implemented by a
556multijurisdictional water supply entity or regional water supply
557authority.
558     8.  Whether the project implements reuse that assists in
559the elimination of domestic wastewater ocean outfalls as
560provided in s. 403.086(9).
561     (g)  Additional factors to be considered in determining
562project funding shall include:
563     1.  Whether the project is part of a plan to implement two
564or more alternative water supply projects, all of which will be
565operated to produce water at a uniform rate for the participants
566in a multijurisdictional water supply entity or regional water
567supply authority.
568     2.  The percentage of project costs to be funded by the
569water supplier or water user.
570     3.  Whether the project proposal includes sufficient
571preliminary planning and engineering to demonstrate that the
572project can reasonably be implemented within the timeframes
573provided in the regional water supply plan.
574     4.  Whether the project is a subsequent phase of an
575alternative water supply project that is underway.
576     5.  Whether and in what percentage a local government or
577local government utility is transferring water supply system
578revenues to the local government general fund in excess of
579reimbursements for services received from the general fund,
580including direct and indirect costs and legitimate payments in
581lieu of taxes.
582     (h)  After conducting one or more meetings to solicit
583public input on eligible projects, including input from those
584entities identified pursuant to s. 373.709(2)(a)3.d. for
585implementation of alternative water supply projects, the
586governing board of each water management district shall select
587projects for funding assistance based upon the criteria set
588forth in paragraphs (f) and (g). The governing board may select
589a project identified or listed as an alternative water supply
590development project in the regional water supply plan, or
591allocate up to 20 percent of the funding for alternative water
592supply projects that are not identified or listed in the
593regional water supply plan but are consistent with the goals of
594the plan.
595     (i)  Without diminishing amounts available through other
596means described in this paragraph, the governing boards are
597encouraged to consider establishing revolving loan funds to
598expand the total funds available to accomplish the objectives of
599this section. A revolving loan fund created under this paragraph
600must be a nonlapsing fund from which the water management
601district may make loans with interest rates below prevailing
602market rates to public or private entities for the purposes
603described in this section. The governing board may adopt
604resolutions to establish revolving loan funds which must specify
605the details of the administration of the fund, the procedures
606for applying for loans from the fund, the criteria for awarding
607loans from the fund, the initial capitalization of the fund, and
608the goals for future capitalization of the fund in subsequent
609budget years. Revolving loan funds created under this paragraph
610must be used to expand the total sums and sources of cooperative
611funding available for the development of alternative water
612supplies. The Legislature does not intend for the creation of
613revolving loan funds to supplant or otherwise reduce existing
614sources or amounts of funds currently available through other
615means.
616     (j)  For each utility that receives financial assistance
617from the state or a water management district for an alternative
618water supply project, the water management district shall
619require the appropriate rate-setting authority to develop rate
620structures for water customers in the service area of the funded
621utility that will:
622     1.  Promote the conservation of water; and
623     2.  Promote the use of water from alternative water
624supplies.
625     (k)  The governing boards shall establish a process for the
626disbursal of revenues pursuant to this subsection.
627     (l)  All revenues made available pursuant to this
628subsection must be encumbered annually by the governing board
629when it approves projects sufficient to expend the available
630revenues.
631     (m)  This subsection is not subject to the rulemaking
632requirements of chapter 120.
633     (n)  By March 1 of each year, as part of the consolidated
634annual report required by s. 373.036(7), each water management
635district shall submit a report on the disbursal of all budgeted
636amounts pursuant to this section. Such report shall describe all
637alternative water supply projects funded as well as the quantity
638of new water to be created as a result of such projects and
639shall account separately for any other moneys provided through
640grants, matching grants, revolving loans, and the use of
641district lands or facilities to implement regional water supply
642plans.
643     (o)  The Florida Public Service Commission shall allow
644entities under its jurisdiction constructing or participating in
645constructing facilities that provide alternative water supplies
646to recover their full, prudently incurred cost of constructing
647such facilities through their rate structure. If construction of
648a facility or participation in construction is pursuant to or in
649furtherance of a regional water supply plan, the cost shall be
650deemed to be prudently incurred. Every component of an
651alternative water supply facility constructed by an investor-
652owned utility shall be recovered in current rates. Any state or
653water management district cost-share is not subject to the
654recovery provisions allowed in this paragraph.
655     (9)  Funding assistance provided by the water management
656districts for a water reuse system may include the following
657conditions for that project if a water management district
658determines that such conditions will encourage water use
659efficiency:
660     (a)  Metering of reclaimed water use for residential
661irrigation, agricultural irrigation, industrial uses, except for
662electric utilities as defined in s. 366.02(2), landscape
663irrigation, golf course irrigation, irrigation of other public
664access areas, commercial and institutional uses such as toilet
665flushing, and transfers to other reclaimed water utilities;
666     (b)  Implementation of reclaimed water rate structures
667based on actual use of reclaimed water for the reuse activities
668listed in paragraph (a);
669     (c)  Implementation of education programs to inform the
670public about water issues, water conservation, and the
671importance 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
675shall conduct water supply planning for any water supply
676planning region within the district identified in the
677appropriate district water supply plan under s. 373.036, where
678it determines that existing sources of water are not adequate to
679supply water for all existing and future reasonable-beneficial
680uses and to sustain the water resources and related natural
681systems for the planning period. The planning must be conducted
682in an open public process, in coordination and cooperation with
683local governments, regional water supply authorities,
684government-owned and privately owned water utilities,
685multijurisdictional water supply entities, self-suppliers, and
686other affected and interested parties. The districts shall
687actively engage in public education and outreach to all affected
688local entities and their officials, as well as members of the
689public, in the planning process and in seeking input. During
690preparation, but prior to completion of the regional water
691supply plan, the district must conduct at least one public
692workshop to discuss the technical data and modeling tools
693anticipated to be used to support the regional water supply
694plan. The district shall also hold several public meetings to
695communicate the status, overall conceptual intent, and impacts
696of the plan on existing and future reasonable-beneficial uses
697and related natural systems. During the planning process, a
698local government may choose to prepare its own water supply
699assessment to determine if existing water sources are adequate
700to meet existing and projected reasonable-beneficial needs of
701the local government while sustaining water resources and
702related natural systems. The local government shall submit such
703assessment, including the data and methodology used, to the
704district. The district shall consider the local government's
705assessment during the formation of the plan. A determination by
706the governing board that initiation of a regional water supply
707plan for a specific planning region is not needed pursuant to
708this section shall be subject to s. 120.569. The governing board
709shall reevaluate such a determination at least once every 5
710years and shall initiate a regional water supply plan, if
711needed, pursuant to this subsection.
712     (2)  Each regional water supply plan shall be based on at
713least a 20-year planning period and shall include, but need not
714be limited to:
715     (a)  A water supply development component for each water
716supply planning region identified by the district which
717includes:
718     1.  A quantification of the water supply needs for all
719existing and future reasonable-beneficial uses within the
720planning horizon. The level-of-certainty planning goal
721associated with identifying the water supply needs of existing
722and future reasonable-beneficial uses shall be based upon
723meeting those needs for a 1-in-10-year drought event. Population
724projections used for determining public water supply needs must
725be based upon the best available data. In determining the best
726available data, the district shall consider the University of
727Florida's Bureau of Economic and Business Research (BEBR) medium
728population projections and any population projection data and
729analysis submitted by a local government pursuant to the public
730workshop described in subsection (1) if the data and analysis
731support the local government's comprehensive plan. Any
732adjustment of or deviation from the BEBR projections must be
733fully described, and the original BEBR data must be presented
734along with the adjusted data.
735     2.  A list of water supply development project options,
736including traditional and alternative water supply project
737options, from which local government, government-owned and
738privately owned utilities, regional water supply authorities,
739multijurisdictional water supply entities, self-suppliers, and
740others may choose for water supply development. In addition to
741projects listed by the district, such users may propose specific
742projects for inclusion in the list of alternative water supply
743projects. If such users propose a project to be listed as an
744alternative water supply project, the district shall determine
745whether it meets the goals of the plan, and, if so, it shall be
746included in the list. The total capacity of the projects
747included in the plan shall exceed the needs identified in
748subparagraph 1. and shall take into account water conservation
749and other demand management measures, as well as water resources
750constraints, including adopted minimum flows and levels and
751water reservations. Where the district determines it is
752appropriate, the plan should specifically identify the need for
753multijurisdictional approaches to project options that, based on
754planning level analysis, are appropriate to supply the intended
755uses and that, based on such analysis, appear to be permittable
756and financially and technically feasible. The list of water
757supply development options must contain provisions that
758recognize that alternative water supply options for agricultural
759self-suppliers are limited.
760     3.  For each project option identified in subparagraph 2.,
761the following shall be provided:
762     a.  An estimate of the amount of water to become available
763through the project.
764     b.  The timeframe in which the project option should be
765implemented and the estimated planning-level costs for capital
766investment and operating and maintaining the project.
767     c.  An analysis of funding needs and sources of possible
768funding options. For alternative water supply projects the water
769management districts shall provide funding assistance in
770accordance with s. 373.707(8).
771     d.  Identification of the entity that should implement each
772project 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
775that 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
778through the project.
779     b.  The timeframe in which the project option should be
780implemented and the estimated planning-level costs for capital
781investment and for operating and maintaining the project.
782     c.  An analysis of funding needs and sources of possible
783funding options.
784     d.  Identification of the entity that should implement each
785project option and the current status of project implementation.
786     (c)  The recovery and prevention strategy described in s.
787373.0421(2).
788     (d)  A funding strategy for water resource development
789projects, which shall be reasonable and sufficient to pay the
790cost of constructing or implementing all of the listed projects.
791     (e)  Consideration of how the project options addressed in
792paragraph (a) serve the public interest or save costs overall by
793preventing the loss of natural resources or avoiding greater
794future expenditures for water resource development or water
795supply development. However, unless adopted by rule, these
796considerations do not constitute final agency action.
797     (f)  The technical data and information applicable to each
798planning region which are necessary to support the regional
799water supply plan.
800     (g)  The minimum flows and levels established for water
801resources within each planning region.
802     (h)  Reservations of water adopted by rule pursuant to s.
803373.223(4) within each planning region.
804     (i)  Identification of surface waters or aquifers for which
805minimum flows and levels are scheduled to be adopted.
806     (j)  An analysis, developed in cooperation with the
807department, of areas or instances in which the variance
808provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to
809create water supply development or water resource development
810projects.
811     (3)  The water supply development component of a regional
812water supply plan which deals with or affects public utilities
813and public water supply for those areas served by a regional
814water supply authority and its member governments within the
815boundary of the Southwest Florida Water Management District
816shall be developed jointly by the authority and the district. In
817areas not served by regional water supply authorities, or other
818multijurisdictional water supply entities, and where
819opportunities exist to meet water supply needs more efficiently
820through multijurisdictional projects identified pursuant to
821paragraph (2)(a), water management districts are directed to
822assist in developing multijurisdictional approaches to water
823supply project development jointly with affected water
824utilities, special districts, and local governments.
825     (4)  The South Florida Water Management District shall
826include in its regional water supply plan water resource and
827water supply development projects that promote the elimination
828of wastewater ocean outfalls as provided in s. 403.086(9).
829     (5)  Governing board approval of a regional water supply
830plan shall not be subject to the rulemaking requirements of
831chapter 120. However, any portion of an approved regional water
832supply plan which affects the substantial interests of a party
833shall be subject to s. 120.569.
834     (6)  Annually and in conjunction with the reporting
835requirements of s. 373.536(6)(a)4., the department shall submit
836to the Governor and the Legislature a report on the status of
837regional water supply planning in each district. The report
838shall include:
839     (a)  A compilation of the estimated costs of and potential
840sources of funding for water resource development and water
841supply development projects as identified in the water
842management district regional water supply plans.
843     (b)  The percentage and amount, by district, of district ad
844valorem tax revenues or other district funds made available to
845develop alternative water supplies.
846     (c)  A description of each district's progress toward
847achieving its water resource development objectives, including
848the district's implementation of its 5-year water resource
849development work program.
850     (d)  An assessment of the specific progress being made to
851implement each alternative water supply project option chosen by
852the entities and identified for implementation in the plan.
853     (e)  An overall assessment of the progress being made to
854develop water supply in each district, including, but not
855limited to, an explanation of how each project, either
856alternative or traditional, will produce, contribute to, or
857account for additional water being made available for
858consumptive uses, an estimate of the quantity of water to be
859produced by each project, and an assessment of the contribution
860of the district's regional water supply plan in providing
861sufficient water to meet the needs of existing and future
862reasonable-beneficial uses for a 1-in-10 year drought event, as
863well as the needs of the natural systems.
864     (7)  Nothing contained in the water supply development
865component of a regional water supply plan shall be construed to
866require local governments, government-owned or privately owned
867water utilities, special districts, self-suppliers, regional
868water supply authorities, multijurisdictional water supply
869entities, or other water suppliers to select a water supply
870development project identified in the component merely because
871it is identified in the plan. Except as provided in s.
872373.223(3) and (5), the plan may not be used in the review of
873permits under part II of this chapter unless the plan or an
874applicable portion thereof has been adopted by rule. However,
875this subsection does not prohibit a water management district
876from employing the data or other information used to establish
877the plan in reviewing permits under part II, nor does it limit
878the authority of the department or governing board under part
879II.
880     (8)  Where the water supply component of a water supply
881planning region shows the need for one or more alternative water
882supply projects, the district shall notify the affected local
883governments and make every reasonable effort to educate and
884involve local public officials in working toward solutions in
885conjunction with the districts and, where appropriate, other
886local and regional water supply entities.
887     (a)  Within 6 months following approval or amendment of its
888regional water supply plan, each water management district shall
889notify by certified mail each entity identified in sub-
890subparagraph (2)(a)3.d. of that portion of the plan relevant to
891the entity. Upon request of such an entity, the water management
892district shall appear before and present its findings and
893recommendations to the entity.
894     (b)  Within 1 year after the notification by a water
895management district pursuant to paragraph (a), each entity
896identified in sub-subparagraph (2)(a)3.d. shall provide to the
897water management district written notification of the following:
898the alternative water supply projects or options identified in
899paragraph (2)(a) which it has developed or intends to develop,
900if any; an estimate of the quantity of water to be produced by
901each project; and the status of project implementation,
902including development of the financial plan, facilities master
903planning, permitting, and efforts in coordinating
904multijurisdictional projects, if applicable. The information
905provided in the notification shall be updated annually, and a
906progress report shall be provided by November 15 of each year to
907the water management district. If an entity does not intend to
908develop one or more of the alternative water supply project
909options identified in the regional water supply plan, the entity
910shall propose, within 1 year after notification by a water
911management district pursuant to paragraph (a), another
912alternative water supply project option sufficient to address
913the needs identified in paragraph (2)(a) within the entity's
914jurisdiction and shall provide an estimate of the quantity of
915water to be produced by the project and the status of project
916implementation as described in this paragraph. The entity may
917request that the water management district consider the other
918project for inclusion in the regional water supply plan.
919     (9)  For any regional water supply plan that is scheduled
920to be updated before December 31, 2005, the deadline for such
921update shall be extended by 1 year.
922     373.711  Technical assistance to local governments.-
923     (1)  The water management districts shall assist local
924governments in the development and future revision of local
925government comprehensive plan elements or public facilities
926report as required by s. 189.415, related to water resource
927issues.
928     (2)  By July 1, 1991, each water management district shall
929prepare and provide information and data to assist local
930governments in the preparation and implementation of their local
931government comprehensive plans or public facilities report as
932required by s. 189.415, whichever is applicable. Such
933information and data shall include, but not be limited to:
934     (a)  All information and data required in a public
935facilities report pursuant to s. 189.415.
936     (b)  A description of regulations, programs, and schedules
937implemented by the district.
938     (c)  Identification of regulations, programs, and schedules
939undertaken or proposed by the district to further the State
940Comprehensive Plan.
941     (d)  A description of surface water basins, including
942regulatory jurisdictions, flood-prone areas, existing and
943projected water quality in water management district operated
944facilities, as well as surface water runoff characteristics and
945topography regarding flood plains, wetlands, and recharge areas.
946     (e)  A description of groundwater characteristics,
947including existing and planned wellfield sites, existing and
948anticipated cones of influence, highly productive groundwater
949areas, aquifer recharge areas, deep well injection zones,
950contaminated areas, an assessment of regional water resource
951needs and sources for the next 20 years, and water quality.
952     (f)  The identification of existing and potential water
953management district land acquisitions.
954     (g)  Information reflecting the minimum flows for surface
955watercourses to avoid harm to water resources or the ecosystem
956and information reflecting the minimum water levels for aquifers
957to avoid harm to water resources or the ecosystem.
958     373.713  Regional water supply authorities.-
959     (1)  By interlocal agreement between counties,
960municipalities, or special districts, as applicable, pursuant to
961the Florida Interlocal Cooperation Act of 1969, s. 163.01, and
962upon the approval of the Secretary of Environmental Protection
963to ensure that such agreement will be in the public interest and
964complies with the intent and purposes of this act, regional
965water supply authorities may be created for the purpose of
966developing, recovering, storing, and supplying water for county
967or municipal purposes in such a manner as will give priority to
968reducing adverse environmental effects of excessive or improper
969withdrawals of water from concentrated areas. In approving said
970agreement the Secretary of Environmental Protection shall
971consider, but not be limited to, the following:
972     (a)  Whether the geographic territory of the proposed
973authority is of sufficient size and character to reduce the
974environmental effects of improper or excessive withdrawals of
975water from concentrated areas.
976     (b)  The maximization of economic development of the water
977resources within the territory of the proposed authority.
978     (c)  The availability of a dependable and adequate water
979supply.
980     (d)  The ability of any proposed authority to design,
981construct, operate, and maintain water supply facilities in the
982locations, and at the times necessary, to ensure that an
983adequate water supply will be available to all citizens within
984the authority.
985     (e)  The effect or impact of any proposed authority on any
986municipality, county, or existing authority or authorities.
987     (f)  The existing needs of the water users within the area
988of the authority.
989     (2)  In addition to other powers and duties agreed upon,
990and notwithstanding the provisions of s. 163.01, such authority
991may:
992     (a)  Upon approval of the electors residing in each county
993or municipality within the territory to be included in any
994authority, levy ad valorem taxes, not to exceed 0.5 mill,
995pursuant to s. 9(b), Art. VII of the State Constitution. No tax
996authorized by this paragraph shall be levied in any county or
997municipality without an affirmative vote of the electors
998residing in such county or municipality.
999     (b)  Acquire water and water rights; develop, store, and
1000transport water; provide, sell, and deliver water for county or
1001municipal uses and purposes; and provide for the furnishing of
1002such water and water service upon terms and conditions and at
1003rates which will apportion to parties and nonparties an
1004equitable share of the capital cost and operating expense of the
1005authority'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
1009provided by law for the condemnation of private property for
1010public use to acquire title to such interest in real property as
1011is necessary to the exercise of the powers herein granted,
1012except water and water rights already devoted to reasonable and
1013beneficial use or any water production or transmission
1014facilities owned by any county or municipality.
1015     (f)  Issue revenue bonds in the manner prescribed by the
1016Revenue Bond Act of 1953, as amended, part I, chapter 159, to be
1017payable solely from funds derived from the sale of water by the
1018authority to any county or municipality. Such bonds may be
1019additionally secured by the full faith and credit of any county
1020or municipality, as provided by s. 159.16 or by a pledge of
1021excise taxes, as provided by s. 159.19. For the purpose of
1022issuing revenue bonds, an authority shall be considered a "unit"
1023as defined in s. 159.02(2) and as that term is used in the
1024Revenue Bond Act of 1953, as amended. Such bonds may be issued
1025to finance the cost of acquiring properties and facilities for
1026the production and transmission of water by the authority to any
1027county or municipality, which cost shall include the acquisition
1028of real property and easements therein for such purposes. Such
1029bonds may be in the form of refunding bonds to take up any
1030outstanding bonds of the authority or of any county or
1031municipality where such outstanding bonds are secured by
1032properties and facilities for production and transmission of
1033water, which properties and facilities are being acquired by the
1034authority. Refunding bonds may be issued to take up and refund
1035all outstanding bonds of said authority that are subject to call
1036and termination, and all bonds of said authority that are not
1037subject to call or redemption, when the surrender of said bonds
1038can be procured from the holder thereof at prices satisfactory
1039to the authority. Such refunding bonds may be issued at any time
1040when, in the judgment of the authority, it will be to the best
1041interest of the authority financially or economically by
1042securing a lower rate of interest on said bonds or by extending
1043the time of maturity of said bonds or, for any other reason, in
1044the 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
1047other evidence of such indebtedness.
1048     (i)  Join with one or more other public corporations for
1049the purpose of carrying out any of its powers and for that
1050purpose to contract with such other public corporation or
1051corporations for the purpose of financing such acquisitions,
1052construction, and operations. Such contracts may provide for
1053contributions to be made by each party thereto, for the division
1054and apportionment of the expenses of such acquisitions and
1055operations, and for the division and apportionment of the
1056benefits, services, and products therefrom. Such contract may
1057contain such other and further covenants and agreements as may
1058be necessary and convenient to accomplish the purposes hereof.
1059     (3)  A regional water supply authority is authorized to
1060develop, construct, operate, maintain, or contract for
1061alternative sources of potable water, including desalinated
1062water, and pipelines to interconnect authority sources and
1063facilities, either by itself or jointly with a water management
1064district; however, such alternative potable water sources,
1065facilities, and pipelines may also be privately developed,
1066constructed, owned, operated, and maintained, in which event an
1067authority and a water management district are authorized to
1068pledge and contribute their funds to reduce the wholesale cost
1069of water from such alternative sources of potable water supplied
1070by an authority to its member governments.
1071     (4)  When it is found to be in the public interest, for the
1072public convenience and welfare, for a public benefit, and
1073necessary for carrying out the purpose of any regional water
1074supply authority, any state agency, county, water control
1075district existing pursuant to chapter 298, water management
1076district existing pursuant to this chapter, municipality,
1077governmental agency, or public corporation in this state holding
1078title to any interest in land is hereby authorized, in its
1079discretion, to convey the title to or dedicate land, title to
1080which is in such entity, including tax-reverted land, or to
1081grant use-rights therein, to any regional water supply authority
1082created pursuant to this section. Land granted or conveyed to
1083such authority shall be for the public purposes of such
1084authority and may be made subject to the condition that in the
1085event said land is not so used, or if used and subsequently its
1086use for said purpose is abandoned, the interest granted shall
1087cease as to such authority and shall automatically revert to the
1088granting entity.
1089     (5)  Each county, special district, or municipality that is
1090a party to an agreement pursuant to subsection (1) shall have a
1091preferential right to purchase water from the regional water
1092supply authority for use by such county, special district, or
1093municipality.
1094     (6)  In carrying out the provisions of this section, any
1095county wherein water is withdrawn by the authority shall not be
1096deprived, directly or indirectly, of the prior right to the
1097reasonable and beneficial use of water which is required
1098adequately to supply the reasonable and beneficial needs of the
1099county or any of the inhabitants or property owners therein.
1100     (7)  Upon a resolution adopted by the governing body of any
1101county or municipality, the authority may, subject to a majority
1102vote of its voting members, include such county or municipality
1103in its regional water supply authority upon such terms and
1104conditions as may be prescribed.
1105     (8)  The authority shall design, construct, operate, and
1106maintain facilities in the locations and at the times necessary
1107to ensure that an adequate water supply will be available to all
1108citizens within the authority.
1109     (9)  Where a water supply authority exists pursuant to this
1110section or s. 373.715 under a voluntary interlocal agreement
1111that is consistent with requirements in s. 373.715(1)(b) and
1112receives or maintains consumptive use permits under this
1113voluntary agreement consistent with the water supply plan, if
1114any, adopted by the governing board, such authority shall be
1115exempt from consideration by the governing board or department
1116of the factors specified in s. 373.223(3)(a)-(g) and the
1117submissions required by s. 373.229(3). Such exemptions shall
1118apply only to water sources within the jurisdictional areas of
1119such voluntary water supply interlocal agreements.
1120     373.715  Assistance to West Coast Regional Water Supply
1121Authority.-
1122     (1)  It is the intent of the Legislature to authorize the
1123implementation of changes in governance recommended by the West
1124Coast Regional Water Supply Authority in its reports to the
1125Legislature dated February 1, 1997, and January 5, 1998. The
1126authority and its member governments may reconstitute the
1127authority's governance and rename the authority under a
1128voluntary interlocal agreement with a term of not less than 20
1129years. The interlocal agreement must comply with this subsection
1130as follows:
1131     (a)  The authority and its member governments agree that
1132cooperative efforts are mandatory to meet their water needs in a
1133manner that will provide adequate and dependable supplies of
1134water where needed without resulting in adverse environmental
1135effects upon the areas from which the water is withdrawn or
1136otherwise produced.
1137     (b)  In accordance with s. 4, Art. VIII of the State
1138Constitution and notwithstanding s. 163.01, the interlocal
1139agreement may include the following terms, which are considered
1140approved by the parties without a vote of their electors, upon
1141execution of the interlocal agreement by all member governments
1142and upon satisfaction of all conditions precedent in the
1143interlocal agreement:
1144     1.  All member governments shall relinquish to the
1145authority their individual rights to develop potable water
1146supply sources, except as otherwise provided in the interlocal
1147agreement;
1148     2.  The authority shall be the sole and exclusive wholesale
1149potable water supplier for all member governments; and
1150     3.  The authority shall have the absolute and unequivocal
1151obligation to meet the wholesale needs of the member governments
1152for potable water.
1153     4.  A member government may not restrict or prohibit the
1154use of land within a member's jurisdictional boundaries by the
1155authority for water supply purposes through use of zoning, land
1156use, comprehensive planning, or other form of regulation.
1157     5.  A member government may not impose any tax, fee, or
1158charge upon the authority in conjunction with the production or
1159supply of water not otherwise provided for in the interlocal
1160agreement.
1161     6.  The authority may use the powers provided in part II of
1162chapter 159 for financing and refinancing water treatment,
1163production, or transmission facilities, including, but not
1164limited to, desalinization facilities. All such water treatment,
1165production, or transmission facilities are considered a
1166"manufacturing plant" for purposes of s. 159.27(5) and serve a
1167paramount public purpose by providing water to citizens of the
1168state.
1169     7.  A member government and any governmental or quasi-
1170judicial board or commission established by local ordinance or
1171general or special law where the governing membership of such
1172board or commission is shared, in whole or in part, or appointed
1173by a member government agreeing to be bound by the interlocal
1174agreement shall be limited to the procedures set forth therein
1175regarding actions that directly or indirectly restrict or
1176prohibit the use of lands or other activities related to the
1177production or supply of water.
1178     (c)  The authority shall acquire full or lesser interests
1179in all regionally significant member government wholesale water
1180supply facilities and tangible assets and each member government
1181shall convey such interests in the facilities and assets to the
1182authority, at an agreed value.
1183     (d)  The authority shall charge a uniform per gallon
1184wholesale rate to member governments for the wholesale supply of
1185potable water. All capital, operation, maintenance, and
1186administrative costs for existing facilities and acquired
1187facilities, authority master water plan facilities, and other
1188future projects must be allocated to member governments based on
1189water usage at the uniform per gallon wholesale rate.
1190     (e)  The interlocal agreement may include procedures for
1191resolving the parties' differences regarding water management
1192district proposed agency action in the water use permitting
1193process within the authority. Such procedures should minimize
1194the potential for litigation and include alternative dispute
1195resolution. Any governmental or quasi-judicial board or
1196commission established by local ordinance or general or special
1197law where the governing members of such board or commission is
1198shared, in whole or in part, or appointed by a member
1199government, may agree to be bound by the dispute resolution
1200procedures set forth in the interlocal agreement.
1201     (f)  Upon execution of the voluntary interlocal agreement
1202provided for herein, the authority shall jointly develop with
1203the Southwest Florida Water Management District alternative
1204sources of potable water and transmission pipelines to
1205interconnect regionally significant water supply sources and
1206facilities of the authority in amounts sufficient to meet the
1207needs of all member governments for a period of at least 20
1208years and for natural systems. Nothing herein, however, shall
1209preclude the authority and its member governments from
1210developing traditional water sources pursuant to the voluntary
1211interlocal agreement. Development and construction costs for
1212alternative source facilities, which may include a desalination
1213facility and significant regional interconnects, must be borne
1214as mutually agreed to by both the authority and the Southwest
1215Florida Water Management District. Nothing herein shall preclude
1216authority or district cost sharing with private entities for the
1217construction or ownership of alternative source facilities. By
1218December 31, 1997, the authority and the Southwest Florida Water
1219Management District shall enter into a mutually acceptable
1220agreement detailing the development and implementation of
1221directives contained in this paragraph. Nothing in this section
1222shall be construed to modify the rights or responsibilities of
1223the authority or its member governments, except as otherwise
1224provided herein, or of the Southwest Florida Water Management
1225District or the department pursuant to this chapter or chapter
1226403 and as otherwise set forth by statutes.
1227     (g)  Unless otherwise provided in the interlocal agreement,
1228the authority shall be governed by a board of commissioners
1229consisting of nine voting members, all of whom must be elected
1230officers, as follows:
1231     1.  Three members from Hillsborough County who must be
1232selected by the county commission; provided, however, that one
1233member shall be selected by the Mayor of Tampa in the event that
1234the City of Tampa elects to be a member of the authority;
1235     2.  Three members from Pasco County, two of whom must be
1236selected by the county commission and one of whom must be
1237selected by the City Council of New Port Richey;
1238     3.  Three members from Pinellas County, two of whom must be
1239selected by the county commission and one of whom must be
1240selected by the City Council of St. Petersburg.
1241
1242Except as otherwise provided in this section or in the voluntary
1243interlocal agreement between the member governments, a majority
1244vote shall bind the authority and its member governments in all
1245matters relating to the funding of wholesale water supply,
1246production, delivery, and related activities.
1247     (2)  The provisions of this section supersede any
1248conflicting provisions contained in all other general or special
1249laws or provisions thereof as they may apply directly or
1250indirectly to the exclusivity of water supply or withdrawal of
1251water, including provisions relating to the environmental
1252effects, if any, in conjunction with the production and supply
1253of potable water, and the provisions of this section are
1254intended to be a complete revision of all laws related to a
1255regional water supply authority created under s. 373.713 and
1256this section.
1257     (3)  In lieu of the provisions in s. 373.713(2)(a), the
1258Southwest Florida Water Management District shall assist the
1259West Coast Regional Water Supply Authority for a period of 5
1260years, terminating December 31, 1981, by levying an ad valorem
1261tax, upon request of the authority, of not more than 0.05 mill
1262on all taxable property within the limits of the authority.
1263During such period the corresponding basin board ad valorem tax
1264levies shall be reduced accordingly.
1265     (4)  The authority shall prepare its annual budget in the
1266same manner as prescribed for the preparation of basin budgets,
1267but such authority budget shall not be subject to review by the
1268respective basin boards or by the governing board of the
1269district.
1270     (5)  The annual millage for the authority shall be the
1271amount required to raise the amount called for by the annual
1272budget when applied to the total assessment on all taxable
1273property within the limits of the authority, as determined for
1274county taxing purposes.
1275     (6)  The authority may, by resolution, request the
1276governing board of the district to levy ad valorem taxes within
1277the boundaries of the authority. Upon receipt of such request,
1278together with formal certification of the adoption of its annual
1279budget and of the required tax levy, the authority tax levy
1280shall be made by the governing board of the district to finance
1281authority functions.
1282     (7)  The taxes provided for in this section shall be
1283extended by the property appraiser on the county tax roll in
1284each county within, or partly within, the authority boundaries
1285and shall be collected by the tax collector in the same manner
1286and time as county taxes, and the proceeds therefrom paid to the
1287district which shall forthwith pay them over to the authority.
1288Until paid, such taxes shall be a lien on the property against
1289which assessed and enforceable in like manner as county taxes.
1290The property appraisers, tax collectors, and clerks of the
1291circuit court of the respective counties shall be entitled to
1292compensation for services performed in connection with such
1293taxes at the same rates as apply to county taxes.
1294     (8)  The governing board of the district shall not be
1295responsible for any actions or lack of actions by the authority.
1296     Section 2.  Subsection (13) of section 120.52, Florida
1297Statutes, 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
1301are being determined in the proceeding.
1302     (b)  Any other person who, as a matter of constitutional
1303right, provision of statute, or provision of agency regulation,
1304is entitled to participate in whole or in part in the
1305proceeding, or whose substantial interests will be affected by
1306proposed agency action, and who makes an appearance as a party.
1307     (c)  Any other person, including an agency staff member,
1308allowed by the agency to intervene or participate in the
1309proceeding as a party. An agency may by rule authorize limited
1310forms of participation in agency proceedings for persons who are
1311not eligible to become parties.
1312     (d)  Any county representative, agency, department, or unit
1313funded and authorized by state statute or county ordinance to
1314represent the interests of the consumers of a county, when the
1315proceeding involves the substantial interests of a significant
1316number of residents of the county and the board of county
1317commissioners has, by resolution, authorized the representative,
1318agency, department, or unit to represent the class of interested
1319persons. The authorizing resolution shall apply to a specific
1320proceeding and to appeals and ancillary proceedings thereto, and
1321it shall not be required to state the names of the persons whose
1322interests are to be represented.
1323
1324The term "party" does not include a member government of a
1325regional water supply authority or a governmental or quasi-
1326judicial board or commission established by local ordinance or
1327special or general law where the governing membership of such
1328board or commission is shared with, in whole or in part, or
1329appointed by a member government of a regional water supply
1330authority in proceedings under s. 120.569, s. 120.57, or s.
1331120.68, to the extent that an interlocal agreement under ss.
1332163.01 and 373.713 373.1962 exists in which the member
1333government has agreed that its substantial interests are not
1334affected by the proceedings or that it is to be bound by
1335alternative dispute resolution in lieu of participating in the
1336proceedings. This exclusion applies only to those particular
1337types of disputes or controversies, if any, identified in an
1338interlocal agreement.
1339     Section 3.  Subsection (13) of section 163.3167, Florida
1340Statutes, is amended to read:
1341     163.3167  Scope of act.-
1342     (13)  Each local government shall address in its
1343comprehensive plan, as enumerated in this chapter, the water
1344supply sources necessary to meet and achieve the existing and
1345projected water use demand for the established planning period,
1346considering the applicable plan developed pursuant to s. 373.709
1347373.0361.
1348     Section 4.  Paragraph (a) of subsection (4) and paragraphs
1349(c), (d), and (h) of subsection (6) of section 163.3177, Florida
1350Statutes, are amended to read:
1351     163.3177  Required and optional elements of comprehensive
1352plan; studies and surveys.-
1353     (4)(a)  Coordination of the local comprehensive plan with
1354the comprehensive plans of adjacent municipalities, the county,
1355adjacent counties, or the region; with the appropriate water
1356management district's regional water supply plans approved
1357pursuant to s. 373.709 373.0361; with adopted rules pertaining
1358to designated areas of critical state concern; and with the
1359state comprehensive plan shall be a major objective of the local
1360comprehensive planning process. To that end, in the preparation
1361of a comprehensive plan or element thereof, and in the
1362comprehensive plan or element as adopted, the governing body
1363shall include a specific policy statement indicating the
1364relationship of the proposed development of the area to the
1365comprehensive plans of adjacent municipalities, the county,
1366adjacent counties, or the region and to the state comprehensive
1367plan, as the case may require and as such adopted plans or plans
1368in preparation may exist.
1369     (6)  In addition to the requirements of subsections (1)-(5)
1370and (12), the comprehensive plan shall include the following
1371elements:
1372     (c)  A general sanitary sewer, solid waste, drainage,
1373potable water, and natural groundwater aquifer recharge element
1374correlated to principles and guidelines for future land use,
1375indicating ways to provide for future potable water, drainage,
1376sanitary sewer, solid waste, and aquifer recharge protection
1377requirements for the area. The element may be a detailed
1378engineering plan including a topographic map depicting areas of
1379prime groundwater recharge. The element shall describe the
1380problems and needs and the general facilities that will be
1381required for solution of the problems and needs. The element
1382shall also include a topographic map depicting any areas adopted
1383by a regional water management district as prime groundwater
1384recharge areas for the Floridan or Biscayne aquifers. These
1385areas shall be given special consideration when the local
1386government is engaged in zoning or considering future land use
1387for said designated areas. For areas served by septic tanks,
1388soil surveys shall be provided which indicate the suitability of
1389soils for septic tanks. Within 18 months after the governing
1390board approves an updated regional water supply plan, the
1391element must incorporate the alternative water supply project or
1392projects selected by the local government from those identified
1393in the regional water supply plan pursuant to s. 373.709(2)(a)
1394373.0361(2)(a) or proposed by the local government under s.
1395373.709(8)(b) 373.0361(8)(b). If a local government is located
1396within two water management districts, the local government
1397shall adopt its comprehensive plan amendment within 18 months
1398after the later updated regional water supply plan. The element
1399must identify such alternative water supply projects and
1400traditional water supply projects and conservation and reuse
1401necessary to meet the water needs identified in s. 373.709(2)(a)
1402373.0361(2)(a) within the local government's jurisdiction and
1403include a work plan, covering at least a 10 year planning
1404period, for building public, private, and regional water supply
1405facilities, including development of alternative water supplies,
1406which are identified in the element as necessary to serve
1407existing and new development. The work plan shall be updated, at
1408a minimum, every 5 years within 18 months after the governing
1409board of a water management district approves an updated
1410regional water supply plan. Amendments to incorporate the work
1411plan do not count toward the limitation on the frequency of
1412adoption of amendments to the comprehensive plan. Local
1413governments, public and private utilities, regional water supply
1414authorities, special districts, and water management districts
1415are encouraged to cooperatively plan for the development of
1416multijurisdictional water supply facilities that are sufficient
1417to meet projected demands for established planning periods,
1418including the development of alternative water sources to
1419supplement traditional sources of groundwater and surface water
1420supplies.
1421     (d)  A conservation element for the conservation, use, and
1422protection of natural resources in the area, including air,
1423water, water recharge areas, wetlands, waterwells, estuarine
1424marshes, soils, beaches, shores, flood plains, rivers, bays,
1425lakes, harbors, forests, fisheries and wildlife, marine habitat,
1426minerals, and other natural and environmental resources,
1427including factors that affect energy conservation. Local
1428governments shall assess their current, as well as projected,
1429water needs and sources for at least a 10-year period,
1430considering the appropriate regional water supply plan approved
1431pursuant to s. 373.709 373.0361, or, in the absence of an
1432approved regional water supply plan, the district water
1433management plan approved pursuant to s. 373.036(2). This
1434information shall be submitted to the appropriate agencies. The
1435land use map or map series contained in the future land use
1436element shall generally identify and depict the following:
1437     1.  Existing and planned waterwells and cones of influence
1438where 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
1445The land uses identified on such maps shall be consistent with
1446applicable state law and rules.
1447     (h)1.  An intergovernmental coordination element showing
1448relationships and stating principles and guidelines to be used
1449in the accomplishment of coordination of the adopted
1450comprehensive plan with the plans of school boards, regional
1451water supply authorities, and other units of local government
1452providing services but not having regulatory authority over the
1453use of land, with the comprehensive plans of adjacent
1454municipalities, the county, adjacent counties, or the region,
1455with the state comprehensive plan and with the applicable
1456regional water supply plan approved pursuant to s. 373.709
1457373.0361, as the case may require and as such adopted plans or
1458plans in preparation may exist. This element of the local
1459comprehensive plan shall demonstrate consideration of the
1460particular effects of the local plan, when adopted, upon the
1461development of adjacent municipalities, the county, adjacent
1462counties, or the region, or upon the state comprehensive plan,
1463as the case may require.
1464     a.  The intergovernmental coordination element shall
1465provide procedures to identify and implement joint planning
1466areas, especially for the purpose of annexation, municipal
1467incorporation, and joint infrastructure service areas.
1468     b.  The intergovernmental coordination element shall
1469provide for recognition of campus master plans prepared pursuant
1470to s. 1013.30 and airport master plans under paragraph(k).
1471     c.  The intergovernmental coordination element shall
1472provide for a dispute resolution process as established pursuant
1473to s. 186.509 for bringing to closure in a timely manner
1474intergovernmental disputes.
1475     d.  The intergovernmental coordination element shall
1476provide for interlocal agreements as established pursuant to s.
1477333.03(1)(b).
1478     2.  The intergovernmental coordination element shall
1479further state principles and guidelines to be used in the
1480accomplishment of coordination of the adopted comprehensive plan
1481with the plans of school boards and other units of local
1482government providing facilities and services but not having
1483regulatory authority over the use of land. In addition, the
1484intergovernmental coordination element shall describe joint
1485processes for collaborative planning and decisionmaking on
1486population projections and public school siting, the location
1487and extension of public facilities subject to concurrency, and
1488siting facilities with countywide significance, including
1489locally unwanted land uses whose nature and identity are
1490established in an agreement. Within 1 year of adopting their
1491intergovernmental coordination elements, each county, all the
1492municipalities within that county, the district school board,
1493and any unit of local government service providers in that
1494county shall establish by interlocal or other formal agreement
1495executed by all affected entities, the joint processes described
1496in this subparagraph consistent with their adopted
1497intergovernmental coordination elements.
1498     3.  To foster coordination between special districts and
1499local general-purpose governments as local general-purpose
1500governments implement local comprehensive plans, each
1501independent special district must submit a public facilities
1502report to the appropriate local government as required by s.
1503189.415.
1504     4.a.  Local governments shall execute an interlocal
1505agreement with the district school board, the county, and
1506nonexempt municipalities pursuant to s. 163.31777. The local
1507government shall amend the intergovernmental coordination
1508element to provide that coordination between the local
1509government and school board is pursuant to the agreement and
1510shall state the obligations of the local government under the
1511agreement.
1512     b.  Plan amendments that comply with this subparagraph are
1513exempt from the provisions of s. 163.3187(1).
1514     5.  The state land planning agency shall establish a
1515schedule for phased completion and transmittal of plan
1516amendments to implement subparagraphs 1., 2., and 3. from all
1517jurisdictions so as to accomplish their adoption by December 31,
15181999. A local government may complete and transmit its plan
1519amendments to carry out these provisions prior to the scheduled
1520date established by the state land planning agency. The plan
1521amendments are exempt from the provisions of s. 163.3187(1).
1522     6.  By January 1, 2004, any county having a population
1523greater than 100,000, and the municipalities and special
1524districts within that county, shall submit a report to the
1525Department of Community Affairs which:
1526     a.  Identifies all existing or proposed interlocal service
1527delivery agreements regarding the following: education; sanitary
1528sewer; public safety; solid waste; drainage; potable water;
1529parks and recreation; and transportation facilities.
1530     b.  Identifies any deficits or duplication in the provision
1531of services within its jurisdiction, whether capital or
1532operational. Upon request, the Department of Community Affairs
1533shall provide technical assistance to the local governments in
1534identifying deficits or duplication.
1535     7.  Within 6 months after submission of the report, the
1536Department of Community Affairs shall, through the appropriate
1537regional planning council, coordinate a meeting of all local
1538governments within the regional planning area to discuss the
1539reports and potential strategies to remedy any identified
1540deficiencies or duplications.
1541     8.  Each local government shall update its
1542intergovernmental coordination element based upon the findings
1543in the report submitted pursuant to subparagraph 6. The report
1544may be used as supporting data and analysis for the
1545intergovernmental coordination element.
1546     Section 5.  Paragraph (l) of subsection (2) of section
1547163.3191, 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
1550of the comprehensive plan and shall contain appropriate
1551statements to update the comprehensive plan, including, but not
1552limited to, words, maps, illustrations, or other media, related
1553to:
1554     (l)  The extent to which the local government has been
1555successful in identifying alternative water supply projects and
1556traditional water supply projects, including conservation and
1557reuse, necessary to meet the water needs identified in s.
1558373.709(2)(a) 373.0361(2)(a) within the local government's
1559jurisdiction. The report must evaluate the degree to which the
1560local government has implemented the work plan for building
1561public, private, and regional water supply facilities, including
1562development of alternative water supplies, identified in the
1563element as necessary to serve existing and new development.
1564     Section 6.  Paragraphs (c) and (d) of subsection (4) of
1565section 189.404, Florida Statutes, are amended to read:
1566     189.404  Legislative intent for the creation of independent
1567special districts; special act prohibitions; model elements and
1568other requirements; general-purpose local government/Governor
1569and Cabinet creation authorizations.-
1570     (4)  LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION
1571AUTHORIZATIONS.-Except as otherwise authorized by general law,
1572only the Legislature may create independent special districts.
1573     (c)  The Governor and Cabinet may create an independent
1574special district which shall be established by rule in
1575accordance with s. 190.005 or as otherwise authorized in general
1576law. The Governor and Cabinet may also approve the establishment
1577of a charter for the creation of an independent special district
1578which shall be in accordance with s. 373.713 373.1962, or as
1579otherwise authorized in general law.
1580     (d)1.  Any combination of two or more counties may create a
1581regional special district which shall be established in
1582accordance with s. 950.001, or as otherwise authorized in
1583general law.
1584     2.  Any combination of two or more counties or
1585municipalities may create a regional special district which
1586shall be established in accordance with s. 373.713 373.1962, or
1587as otherwise authorized by general law.
1588     3.  Any combination of two or more counties,
1589municipalities, or other political subdivisions may create a
1590regional special district in accordance with s. 163.567, or as
1591otherwise authorized in general law.
1592     Section 7.  Subsection (3) of section 189.4155, Florida
1593Statutes, is amended to read:
1594     189.4155  Activities of special districts; local government
1595comprehensive planning.-
1596     (3)  The provisions of this section shall not apply to
1597water management districts created pursuant to s. 373.069, to
1598regional water supply authorities created pursuant to s. 373.713
1599373.1962, or to spoil disposal sites owned or used by the
1600Federal Government.
1601     Section 8.  Section 189.4156, Florida Statutes, is amended
1602to read:
1603     189.4156  Water management district technical assistance;
1604local government comprehensive planning.-Water management
1605districts shall assist local governments in the development of
1606local government comprehensive plan elements related to water
1607resource issues as required by s. 373.711 373.0391.
1608     Section 9.  Subsection (7) of section 367.021, Florida
1609Statutes, is amended to read:
1610     367.021  Definitions.-As used in this chapter, the
1611following words or terms shall have the meanings indicated:
1612     (7)  "Governmental authority" means a political
1613subdivision, as defined by s. 1.01(8), a regional water supply
1614authority created pursuant to s. 373.713 373.1962, or a
1615nonprofit corporation formed for the purpose of acting on behalf
1616of a political subdivision with respect to a water or wastewater
1617facility.
1618     Section 10.  Subsection (17) of section 373.019, Florida
1619Statutes, is amended to read:
1620     373.019  Definitions.-When appearing in this chapter or in
1621any rule, regulation, or order adopted pursuant thereto, the
1622term:
1623     (17)  "Regional water supply plan" means a detailed water
1624supply plan developed by a governing board under s. 373.709
1625373.0361.
1626     Section 11.  Paragraph (b) of subsection (2) and paragraph
1627(b) of subsection (7) of section 373.036, Florida Statutes, are
1628amended to read:
1629     373.036  Florida water plan; district water management
1630plans.-
1631     (2)  DISTRICT WATER MANAGEMENT PLANS.-
1632     (b)  The district water management plan shall include, but
1633not be limited to:
1634     1.  The scientific methodologies for establishing minimum
1635flows and levels under s. 373.042, and all established minimum
1636flows and levels.
1637     2.  Identification of one or more water supply planning
1638regions that singly or together encompass the entire district.
1639     3.  Technical data and information prepared under s.
1640373.711 373.0391.
1641     4.  A districtwide water supply assessment, to be completed
1642no later than July 1, 1998, which determines for each water
1643supply planning region:
1644     a.  Existing legal uses, reasonably anticipated future
1645needs, and existing and reasonably anticipated sources of water
1646and conservation efforts; and
1647     b.  Whether existing and reasonably anticipated sources of
1648water and conservation efforts are adequate to supply water for
1649all existing legal uses and reasonably anticipated future needs
1650and 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
1654following elements, as appropriate to that water management
1655district:
1656     1.  A district water management plan annual report or the
1657annual work plan report allowed in subparagraph (2)(e)4.
1658     2.  The department-approved minimum flows and levels annual
1659priority list and schedule required by s. 373.042(2).
1660     3.  The annual 5-year capital improvements plan required by
1661s. 373.536(6)(a)3.
1662     4.  The alternative water supplies annual report required
1663by s. 373.707(8)(n) 373.1961(3)(n).
1664     5.  The final annual 5-year water resource development work
1665program required by s. 373.536(6)(a)4.
1666     6.  The Florida Forever Water Management District Work Plan
1667annual report required by s. 373.199(7).
1668     7.  The mitigation donation annual report required by s.
1669373.414(1)(b)2.
1670     Section 12.  Paragraphs (a) and (e) of subsection (4) of
1671section 373.0363, Florida Statutes, are amended to read:
1672     373.0363  Southern Water Use Caution Area Recovery
1673Strategy.-
1674     (4)  The West-Central Florida Water Restoration Action Plan
1675includes:
1676     (a)  The Central West Coast Surface Water Enhancement
1677Initiative. The purpose of this initiative is to make additional
1678surface waters available for public supply through restoration
1679of surface waters, natural water flows, and freshwater wetland
1680communities. This initiative is designed to allow limits on
1681groundwater withdrawals in order to slow the rate of saltwater
1682intrusion. The initiative shall be an ongoing program in
1683cooperation with the Peace River-Manasota Regional Water Supply
1684Authority created under s. 373.713 373.1962.
1685     (e)  The Central Florida Water Resource Development
1686Initiative. The purpose of this initiative is to create and
1687implement a long-term plan that takes a comprehensive approach
1688to limit ground water withdrawals in the Southern Water Use
1689Caution Area and to identify and develop alternative water
1690supplies for Polk County. The project components developed
1691pursuant to this initiative are eligible for state and regional
1692funding under s. 373.707 373.196 as an alternative water supply,
1693as defined in s. 373.019, or as a supplemental water supply
1694under the rules of the Southwest Florida Water Management
1695District or the South Florida Water Management District. The
1696initiative shall be implemented by the district as an ongoing
1697program in cooperation with Polk County and the South Florida
1698Water Management District.
1699     Section 13.  Subsection (2) of section 373.0421, Florida
1700Statutes, is amended to read:
1701     373.0421  Establishment and implementation of minimum flows
1702and levels.-
1703     (2)  If the existing flow or level in a water body is
1704below, or is projected to fall within 20 years below, the
1705applicable minimum flow or level established pursuant to s.
1706373.042, the department or governing board, as part of the
1707regional water supply plan described in s. 373.709 373.0361,
1708shall expeditiously implement a recovery or prevention strategy,
1709which includes the development of additional water supplies and
1710other actions, consistent with the authority granted by this
1711chapter, to:
1712     (a)  Achieve recovery to the established minimum flow or
1713level as soon as practicable; or
1714     (b)  Prevent the existing flow or level from falling below
1715the established minimum flow or level.
1716
1717The recovery or prevention strategy shall include phasing or a
1718timetable which will allow for the provision of sufficient water
1719supplies for all existing and projected reasonable-beneficial
1720uses, including development of additional water supplies and
1721implementation of conservation and other efficiency measures
1722concurrent with, to the extent practical, and to offset,
1723reductions in permitted withdrawals, consistent with the
1724provisions of this chapter.
1725     Section 14.  Subsection (4) of section 373.0695, Florida
1726Statutes, is amended to read:
1727     373.0695  Duties of basin boards; authorized expenditures.-
1728     (4)  In the exercise of the duties and powers granted
1729herein, the basin boards shall be subject to all the limitations
1730and restrictions imposed on the water management districts in s.
1731373.703 373.1961.
1732     Section 15.  Subsections (3) and (5) of section 373.223,
1733Florida Statutes, are amended to read:
1734     373.223  Conditions for a permit.-
1735     (3)  Except for the transport and use of water supplied by
1736the Central and Southern Florida Flood Control Project, and
1737anywhere in the state when the transport and use of water is
1738supplied exclusively for bottled water as defined in s.
1739500.03(1)(d), any water use permit applications pending as of
1740April 1, 1998, with the Northwest Florida Water Management
1741District and self-suppliers of water for which the proposed
1742water source and area of use or application are located on
1743contiguous private properties, when evaluating whether a
1744potential transport and use of ground or surface water across
1745county boundaries is consistent with the public interest,
1746pursuant to paragraph (1)(c), the governing board or department
1747shall consider:
1748     (a)  The proximity of the proposed water source to the area
1749of use or application.
1750     (b)  All impoundments, streams, groundwater sources, or
1751watercourses that are geographically closer to the area of use
1752or application than the proposed source, and that are
1753technically and economically feasible for the proposed transport
1754and use.
1755     (c)  All economically and technically feasible alternatives
1756to the proposed source, including, but not limited to,
1757desalination, conservation, reuse of nonpotable reclaimed water
1758and stormwater, and aquifer storage and recovery.
1759     (d)  The potential environmental impacts that may result
1760from the transport and use of water from the proposed source,
1761and the potential environmental impacts that may result from use
1762of the other water sources identified in paragraphs (b) and (c).
1763     (e)  Whether existing and reasonably anticipated sources of
1764water and conservation efforts are adequate to supply water for
1765existing legal uses and reasonably anticipated future needs of
1766the water supply planning region in which the proposed water
1767source is located.
1768     (f)  Consultations with local governments affected by the
1769proposed transport and use.
1770     (g)  The value of the existing capital investment in water-
1771related infrastructure made by the applicant.
1772
1773Where districtwide water supply assessments and regional water
1774supply plans have been prepared pursuant to ss. 373.036 and
1775373.709 373.0361, the governing board or the department shall
1776use the applicable plans and assessments as the basis for its
1777consideration of the applicable factors in this subsection.
1778     (5)  In evaluating an application for consumptive use of
1779water which proposes the use of an alternative water supply
1780project as described in the regional water supply plan and
1781provides reasonable assurances of the applicant's capability to
1782design, construct, operate, and maintain the project, the
1783governing board or department shall presume that the alternative
1784water supply use is consistent with the public interest under
1785paragraph (1)(c). However, where the governing board identifies
1786the need for a multijurisdictional water supply entity or
1787regional water supply authority to develop the alternative water
1788supply project pursuant to s. 373.709(2)(a)2. 373.0361(2)(a)2.,
1789the presumption shall be accorded only to that use proposed by
1790such entity or authority. This subsection does not effect
1791evaluation of the use pursuant to the provisions of paragraphs
1792(1)(a) and (b), subsections (2) and (3), and ss. 373.2295 and
1793373.233.
1794     Section 16.  Section 373.2234, Florida Statutes, is amended
1795to read:
1796     373.2234  Preferred water supply sources.-The governing
1797board of a water management district is authorized to adopt
1798rules that identify preferred water supply sources for
1799consumptive uses for which there is sufficient data to establish
1800that a preferred source will provide a substantial new water
1801supply to meet the existing and projected reasonable-beneficial
1802uses of a water supply planning region identified pursuant to s.
1803373.709(1) 373.0361(1), while sustaining existing water
1804resources and natural systems. At a minimum, such rules must
1805contain a description of the preferred water supply source and
1806an assessment of the water the preferred source is projected to
1807produce. If an applicant proposes to use a preferred water
1808supply source, that applicant's proposed water use is subject to
1809s. 373.223(1), except that the proposed use of a preferred water
1810supply source must be considered by a water management district
1811when determining whether a permit applicant's proposed use of
1812water is consistent with the public interest pursuant to s.
1813373.223(1)(c). A consumptive use permit issued for the use of a
1814preferred water supply source must be granted, when requested by
1815the applicant, for at least a 20-year period and may be subject
1816to the compliance reporting provisions of s. 373.236(4). Nothing
1817in this section shall be construed to exempt the use of
1818preferred water supply sources from the provisions of ss.
1819373.016(4) and 373.223(2) and (3), or be construed to provide
1820that permits issued for the use of a nonpreferred water supply
1821source must be issued for a duration of less than 20 years or
1822that the use of a nonpreferred water supply source is not
1823consistent with the public interest. Additionally, nothing in
1824this section shall be interpreted to require the use of a
1825preferred water supply source or to restrict or prohibit the use
1826of a nonpreferred water supply source. Rules adopted by the
1827governing board of a water management district to implement this
1828section shall specify that the use of a preferred water supply
1829source is not required and that the use of a nonpreferred water
1830supply source is not restricted or prohibited.
1831     Section 17.  Subsection (3) of section 373.229, Florida
1832Statutes, 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
1836the department which propose the transport and use of water
1837across county boundaries shall include information pertaining to
1838factors to be considered, pursuant to s. 373.223(3), unless
1839exempt under s. 373.713(9) 373.1962(9).
1840     Section 18.  Paragraph (a) of subsection (6) of section
1841373.236, 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
1844water supply development projects to meet anticipated public
1845water supply demands of the state is so important that it is
1846essential to encourage participation in and contribution to
1847these projects by private-rural-land owners who
1848characteristically have relatively modest near-term water
1849demands but substantially increasing demands after the 20-year
1850planning period in s. 373.709 373.0361. Therefore, where such
1851landowners make extraordinary contributions of lands or
1852construction funding to enable the expeditious implementation of
1853such projects, water management districts and the department may
1854grant permits for such projects for a period of up to 50 years
1855to municipalities, counties, special districts, regional water
1856supply authorities, multijurisdictional water supply entities,
1857and publicly or privately owned utilities, with the exception of
1858any publicly or privately owned utilities created for or by a
1859private landowner after April 1, 2008, which have entered into
1860an agreement with the private landowner for the purpose of more
1861efficiently pursuing alternative public water supply development
1862projects identified in a district's regional water supply plan
1863and meeting water demands of both the applicant and the
1864landowner.
1865     Section 19.  Paragraph (a) of subsection (6) of section
1866373.536, Florida Statutes, is amended to read:
1867     373.536  District budget and hearing thereon.-
1868     (6)  FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
1869WATER RESOURCE DEVELOPMENT WORK PROGRAM.-
1870     (a)  Each district must, by the date specified for each
1871item, furnish copies of the following documents to the Governor,
1872the President of the Senate, the Speaker of the House of
1873Representatives, the chairs of all legislative committees and
1874subcommittees having substantive or fiscal jurisdiction over the
1875districts, as determined by the President of the Senate or the
1876Speaker of the House of Representatives as applicable, the
1877secretary of the department, and the governing board of each
1878county in which the district has jurisdiction or derives any
1879funds for the operations of the district:
1880     1.  The adopted budget, to be furnished within 10 days
1881after its adoption.
1882     2.  A financial audit of its accounts and records, to be
1883furnished within 10 days after its acceptance by the governing
1884board. The audit must be conducted in accordance with the
1885provisions of s. 11.45 and the rules adopted thereunder. In
1886addition to the entities named above, the district must provide
1887a copy of the audit to the Auditor General within 10 days after
1888its acceptance by the governing board.
1889     3.  A 5-year capital improvements plan, to be included in
1890the consolidated annual report required by s. 373.036(7). The
1891plan must include expected sources of revenue for planned
1892improvements and must be prepared in a manner comparable to the
1893fixed capital outlay format set forth in s. 216.043.
1894     4.  A 5-year water resource development work program to be
1895furnished within 30 days after the adoption of the final budget.
1896The program must describe the district's implementation strategy
1897for the water resource development component of each approved
1898regional water supply plan developed or revised under s. 373.709
1899373.0361. The work program must address all the elements of the
1900water resource development component in the district's approved
1901regional water supply plans and must identify which projects in
1902the work program will provide water, explain how each water
1903resource development project will produce additional water
1904available for consumptive uses, estimate the quantity of water
1905to be produced by each project, and provide an assessment of the
1906contribution of the district's regional water supply plans in
1907providing sufficient water to meet the water supply needs of
1908existing and future reasonable-beneficial uses for a 1-in-10-
1909year drought event. Within 30 days after its submittal, the
1910department shall review the proposed work program and submit its
1911findings, questions, and comments to the district. The review
1912must include a written evaluation of the program's consistency
1913with the furtherance of the district's approved regional water
1914supply plans, and the adequacy of proposed expenditures. As part
1915of the review, the department shall give interested parties the
1916opportunity to provide written comments on each district's
1917proposed work program. Within 45 days after receipt of the
1918department's evaluation, the governing board shall state in
1919writing to the department which changes recommended in the
1920evaluation it will incorporate into its work program submitted
1921as part of the March 1 consolidated annual report required by s.
1922373.036(7) or specify the reasons for not incorporating the
1923changes. The department shall include the district's responses
1924in a final evaluation report and shall submit a copy of the
1925report to the Governor, the President of the Senate, and the
1926Speaker of the House of Representatives.
1927     Section 20.  Subsection (11) of section 373.59, Florida
1928Statutes, is amended to read:
1929     373.59  Water Management Lands Trust Fund.-
1930     (11)  Notwithstanding any provision of this section to the
1931contrary, the governing board of a water management district may
1932request, and the Secretary of Environmental Protection shall
1933release upon such request, moneys allocated to the districts
1934pursuant to subsection (8) for purposes consistent with the
1935provisions of s. 373.709 373.0361, s. 373.705 373.0831, s.
1936373.139, or ss. 373.451-373.4595 and for legislatively
1937authorized land acquisition and water restoration initiatives.
1938No funds may be used pursuant to this subsection until necessary
1939debt service obligations, requirements for payments in lieu of
1940taxes, and land management obligations that may be required by
1941this chapter are provided for.
1942     Section 21.  Paragraph (g) of subsection (1) of section
1943378.212, Florida Statutes, is amended to read:
1944     378.212  Variances.-
1945     (1)  Upon application, the secretary may grant a variance
1946from the provisions of this part or the rules adopted pursuant
1947thereto. Variances and renewals thereof may be granted for any
1948one of the following reasons:
1949     (g)  To accommodate reclamation that provides water supply
1950development or water resource development not inconsistent with
1951the applicable regional water supply plan approved pursuant to
1952s. 373.709 373.0361, provided adverse impacts are not caused to
1953the water resources in the basin. A variance may also be granted
1954from the requirements of part IV of chapter 373, or the rules
1955adopted thereunder, when a project provides an improvement in
1956water availability in the basin and does not cause adverse
1957impacts to water resources in the basin.
1958     Section 22.  Subsection (9) of section 378.404, Florida
1959Statutes, is amended to read:
1960     378.404  Department of Environmental Protection; powers and
1961duties.-The department shall have the following powers and
1962duties:
1963     (9)  To grant variances from the provisions of this part to
1964accommodate reclamation that provides for water supply
1965development or water resource development not inconsistent with
1966the applicable regional water supply plan approved pursuant to
1967s. 373.709 373.0361, appropriate stormwater management, improved
1968wildlife habitat, recreation, or a mixture thereof, provided
1969adverse impacts are not caused to the water resources in the
1970basin and public health and safety are not adversely affected.
1971     Section 23.  Paragraph (a) of subsection (3) of section
1972403.0891, Florida Statutes, is amended to read:
1973     403.0891  State, regional, and local stormwater management
1974plans and programs.-The department, the water management
1975districts, and local governments shall have the responsibility
1976for the development of mutually compatible stormwater management
1977programs.
1978     (3)(a)  Each local government required by chapter 163 to
1979submit a comprehensive plan, whose plan is submitted after July
19801, 1992, and the others when updated after July 1, 1992, in the
1981development of its stormwater management program described by
1982elements within its comprehensive plan shall consider the water
1983resource implementation rule, district stormwater management
1984goals, plans approved pursuant to the Surface Water Improvement
1985and Management Act, ss. 373.451-373.4595, and technical
1986assistance information provided by the water management
1987districts pursuant to s. 373.711 373.0391.
1988     Section 24.  Section 403.890, Florida Statutes, is amended
1989to read:
1990     403.890  Water Protection and Sustainability Program;
1991intent; goals; purposes.-
1992     (1)  Effective July 1, 2006, revenues transferred from the
1993Department of Revenue pursuant to s. 201.15(1)(c)2. shall be
1994deposited into the Water Protection and Sustainability Program
1995Trust Fund in the Department of Environmental Protection. These
1996revenues and any other additional revenues deposited into or
1997appropriated to the Water Protection and Sustainability Program
1998Trust Fund shall be distributed by the Department of
1999Environmental Protection in the following manner:
2000     (a)  Sixty percent to the Department of Environmental
2001Protection for the implementation of an alternative water supply
2002program as provided in s. 373.1961.
2003     (b)  Twenty percent for the implementation of best
2004management practices and capital project expenditures necessary
2005for the implementation of the goals of the total maximum daily
2006load program established in s. 403.067. Of these funds, 85
2007percent shall be transferred to the credit of the Department of
2008Environmental Protection Water Quality Assurance Trust Fund to
2009address water quality impacts associated with nonagricultural
2010nonpoint sources. Fifteen percent of these funds shall be
2011transferred to the Department of Agriculture and Consumer
2012Services General Inspection Trust Fund to address water quality
2013impacts associated with agricultural nonpoint sources. These
2014funds shall be used for research, development, demonstration,
2015and implementation of the total maximum daily load program under
2016s. 403.067, suitable best management practices or other measures
2017used to achieve water quality standards in surface waters and
2018water segments identified pursuant to s. 303(d) of the Clean
2019Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
2020Implementation of best management practices and other measures
2021may include cost-share grants, technical assistance,
2022implementation tracking, and conservation leases or other
2023agreements for water quality improvement. The Department of
2024Environmental Protection and the Department of Agriculture and
2025Consumer Services may adopt rules governing the distribution of
2026funds for implementation of capital projects, best management
2027practices, and other measures. These funds shall not be used to
2028abrogate the financial responsibility of those point and
2029nonpoint sources that have contributed to the degradation of
2030water or land areas. Increased priority shall be given by the
2031department and the water management district governing boards to
2032those projects that have secured a cost-sharing agreement
2033allocating responsibility for the cleanup of point and nonpoint
2034sources.
2035     (c)  Ten percent shall be disbursed for the purposes of
2036funding projects pursuant to ss. 373.451-373.459 or surface
2037water restoration activities in water-management-district-
2038designated priority water bodies. The Secretary of Environmental
2039Protection shall ensure that each water management district
2040receives the following percentage of funds annually:
2041     1.  Thirty-five percent to the South Florida Water
2042Management District;
2043     2.  Twenty-five percent to the Southwest Florida Water
2044Management District;
2045     3.  Twenty-five percent to the St. Johns River Water
2046Management District;
2047     4.  Seven and one-half percent to the Suwannee River Water
2048Management District; and
2049     5.  Seven and one-half percent to the Northwest Florida
2050Water Management District.
2051     (d)  Ten percent to the Department of Environmental
2052Protection for the Disadvantaged Small Community Wastewater
2053Grant Program as provided in s. 403.1838.
2054     (2)  Applicable beginning in the 2007-2008 fiscal year,
2055revenues transferred from the Department of Revenue pursuant to
2056s. 201.15(1)(c)2. shall be deposited into the Water Protection
2057and Sustainability Program Trust Fund in the Department of
2058Environmental Protection. These revenues and any other
2059additional Revenues deposited into or appropriated to the Water
2060Protection and Sustainability Program Trust Fund shall be
2061distributed by the Department of Environmental Protection in the
2062following manner:
2063     (1)(a)  Sixty-five percent to the Department of
2064Environmental Protection for the implementation of an
2065alternative water supply program as provided in s. 373.703
2066373.1961.
2067     (2)(b)  Twenty-two and five-tenths percent for the
2068implementation of best management practices and capital project
2069expenditures necessary for the implementation of the goals of
2070the total maximum daily load program established in s. 403.067.
2071Of these funds, 83.33 percent shall be transferred to the credit
2072of the Department of Environmental Protection Water Quality
2073Assurance Trust Fund to address water quality impacts associated
2074with nonagricultural nonpoint sources. Sixteen and sixty-seven
2075hundredths percent of these funds shall be transferred to the
2076Department of Agriculture and Consumer Services General
2077Inspection Trust Fund to address water quality impacts
2078associated with agricultural nonpoint sources. These funds shall
2079be used for research, development, demonstration, and
2080implementation of the total maximum daily load program under s.
2081403.067, suitable best management practices or other measures
2082used to achieve water quality standards in surface waters and
2083water segments identified pursuant to s. 303(d) of the Clean
2084Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
2085Implementation of best management practices and other measures
2086may include cost-share grants, technical assistance,
2087implementation tracking, and conservation leases or other
2088agreements for water quality improvement. The Department of
2089Environmental Protection and the Department of Agriculture and
2090Consumer Services may adopt rules governing the distribution of
2091funds for implementation of capital projects, best management
2092practices, and other measures. These funds shall not be used to
2093abrogate the financial responsibility of those point and
2094nonpoint sources that have contributed to the degradation of
2095water or land areas. Increased priority shall be given by the
2096department and the water management district governing boards to
2097those projects that have secured a cost-sharing agreement
2098allocating responsibility for the cleanup of point and nonpoint
2099sources.
2100     (3)(c)  Twelve and five-tenths percent to the Department of
2101Environmental Protection for the Disadvantaged Small Community
2102Wastewater Grant Program as provided in s. 403.1838.
2103     (4)(d)  On June 30, 2009, and every 24 months thereafter,
2104the Department of Environmental Protection shall request the
2105return of all unencumbered funds distributed pursuant to this
2106section. These funds shall be deposited into the Water
2107Protection and Sustainability Program Trust Fund and
2108redistributed pursuant to the provisions of this section.
2109     (3)  For the 2008-2009 fiscal year only, moneys in the
2110Water Protection and Sustainability Program Trust Fund shall be
2111transferred to the Ecosystem Management and Restoration Trust
2112Fund for grants and aids to local governments for water projects
2113as provided in the General Appropriations Act. This subsection
2114expires July 1, 2009.
2115     (4)  For fiscal year 2005-2006, funds deposited or
2116appropriated into the Water Protection and Sustainability
2117Program Trust Fund shall be distributed as follows:
2118     (a)  One hundred million dollars to the Department of
2119Environmental Protection for the implementation of an
2120alternative water supply program as provided in s. 373.1961.
2121     (b)  Funds remaining after the distribution provided for in
2122subsection (1) shall be distributed as follows:
2123     1.  Fifty percent for the implementation of best management
2124practices and capital project expenditures necessary for the
2125implementation of the goals of the total maximum daily load
2126program established in s. 403.067. Of these funds, 85 percent
2127shall be transferred to the credit of the Department of
2128Environmental Protection Water Quality Assurance Trust Fund to
2129address water quality impacts associated with nonagricultural
2130nonpoint sources. Fifteen percent of these funds shall be
2131transferred to the Department of Agriculture and Consumer
2132Services General Inspection Trust Fund to address water quality
2133impacts associated with agricultural nonpoint sources. These
2134funds shall be used for research, development, demonstration,
2135and implementation of suitable best management practices or
2136other measures used to achieve water quality standards in
2137surface waters and water segments identified pursuant to s.
2138303(d) of the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss.
21391251 et seq. Implementation of best management practices and
2140other measures may include cost-share grants, technical
2141assistance, implementation tracking, and conservation leases or
2142other agreements for water quality improvement. The Department
2143of Environmental Protection and the Department of Agriculture
2144and Consumer Services may adopt rules governing the distribution
2145of funds for implementation of best management practices. These
2146funds shall not be used to abrogate the financial responsibility
2147of those point and nonpoint sources that have contributed to the
2148degradation of water or land areas. Increased priority shall be
2149given by the department and the water management district
2150governing boards to those projects that have secured a cost-
2151sharing agreement allocating responsibility for the cleanup of
2152point and nonpoint sources.
2153     2.  Twenty-five percent for the purposes of funding
2154projects pursuant to ss. 373.451-373.459 or surface water
2155restoration activities in water-management-district-designated
2156priority water bodies. The Secretary of Environmental Protection
2157shall ensure that each water management district receives the
2158following percentage of funds annually:
2159     a.  Thirty-five percent to the South Florida Water
2160Management District;
2161     b.  Twenty-five percent to the Southwest Florida Water
2162Management District;
2163     c.  Twenty-five percent to the St. Johns River Water
2164Management District;
2165     d.  Seven and one-half percent to the Suwannee River Water
2166Management District; and
2167     e.  Seven and one-half percent to the Northwest Florida
2168Water Management District.
2169     3.  Twenty-five percent to the Department of Environmental
2170Protection for the Disadvantaged Small Community Wastewater
2171Grant Program as provided in s. 403.1838.
2172
2173Prior to the end of the 2008 Regular Session, the Legislature
2174must review the distribution of funds under the Water Protection
2175and Sustainability Program to determine if revisions to the
2176funding formula are required. At the discretion of the President
2177of the Senate and the Speaker of the House of Representatives,
2178the appropriate substantive committees of the Legislature may
2179conduct an interim project to review the Water Protection and
2180Sustainability Program and the funding formula and make written
2181recommendations to the Legislature proposing necessary changes,
2182if any.
2183     (5)  For the 2009-2010 fiscal year only, funds shall be
2184distributed as follows:
2185     (a)  Thirty-one and twenty-one hundredths percent to the
2186Department of Environmental Protection for the implementation of
2187an alternative water supply program as provided in s. 373.1961.
2188     (b)  Twenty-six and eighty-seven hundredths percent for the
2189implementation of best management practices and capital project
2190expenditures necessary for the implementation of the goals of
2191the total maximum daily load program established in s. 403.067.
2192Of these funds, 86 percent shall be transferred to the credit of
2193the Water Quality Assurance Trust Fund of the Department of
2194Environmental Protection to address water quality impacts
2195associated with nonagricultural nonpoint sources. Fourteen
2196percent of these funds shall be transferred to the General
2197Inspection Trust Fund of the Department of Agriculture and
2198Consumer Services to address water quality impacts associated
2199with agricultural nonpoint sources. These funds shall be used
2200for research, development, demonstration, and implementation of
2201the total maximum daily load program under s. 403.067, suitable
2202best management practices, or other measures used to achieve
2203water quality standards in surface waters and water segments
2204identified pursuant to s. 303(d) of the Clean Water Act, Pub. L.
2205No. 92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best
2206management practices and other measures may include cost-share
2207grants, technical assistance, implementation tracking, and
2208conservation leases or other agreements for water quality
2209improvement. The Department of Environmental Protection and the
2210Department of Agriculture and Consumer Services may adopt rules
2211governing the distribution of funds for implementation of
2212capital projects, best management practices, and other measures.
2213These funds may not be used to abrogate the financial
2214responsibility of those point and nonpoint sources that have
2215contributed to the degradation of water or land areas. Increased
2216priority shall be given by the department and the water
2217management district governing boards to those projects that have
2218secured a cost-sharing agreement that allocates responsibility
2219for the cleanup of point and nonpoint sources.
2220     (c)  Forty-one and ninety-two hundredths percent to the
2221Department of Environmental Protection for the Disadvantaged
2222Small Community Wastewater Grant Program as provided in s.
2223403.1838.
2224
2225This subsection expires July 1, 2010.
2226     Section 25.  Subsection (1) of section 403.891, Florida
2227Statutes, is amended to read:
2228     403.891  Water Protection and Sustainability Program Trust
2229Fund of the Department of Environmental Protection.-
2230     (1)  The Water Protection and Sustainability Program Trust
2231Fund is created within the Department of Environmental
2232Protection. The purpose of the trust fund is to receive funds
2233pursuant to s. 201.15(1)(c)2., funds from other sources provided
2234for in law and the General Appropriations Act, and funds
2235received by the department in order to implement the provisions
2236of the Water Sustainability and Protection Program created in s.
2237403.890.
2238     Section 26.  Section 682.02, Florida Statutes, is amended
2239to read:
2240     682.02  Arbitration agreements made valid, irrevocable, and
2241enforceable; scope.-Two or more parties may agree in writing to
2242submit to arbitration any controversy existing between them at
2243the time of the agreement, or they may include in a written
2244contract a provision for the settlement by arbitration of any
2245controversy thereafter arising between them relating to such
2246contract or the failure or refusal to perform the whole or any
2247part thereof. This section also applies to written interlocal
2248agreements under ss. 163.01 and 373.713 373.1962 in which two or
2249more parties agree to submit to arbitration any controversy
2250between them concerning water use permit applications and other
2251matters, regardless of whether or not the water management
2252district with jurisdiction over the subject application is a
2253party to the interlocal agreement or a participant in the
2254arbitration. Such agreement or provision shall be valid,
2255enforceable, and irrevocable without regard to the justiciable
2256character of the controversy; provided that this act shall not
2257apply to any such agreement or provision to arbitrate in which
2258it is stipulated that this law shall not apply or to any
2259arbitration or award thereunder.
2260     Section 27.  Section 373.71, Florida Statutes, is
2261renumbered as section 373.69, Florida Statutes.
2262     Section 28.  Sections 373.0361, 373.0391, 373.0831,
2263373.196, 373.1961, 373.1962, and 373.1963, Florida Statutes, are
2264repealed.
2265     Section 29.  This act shall take effect July 1, 2010.


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