Florida Senate - 2012 CS for SB 560
By the Committee on Environmental Preservation and Conservation;
and Senator Dean
592-01541-12 2012560c1
1 A bill to be entitled
2 An act relating to water management districts;
3 amending s. 373.046, F.S.; authorizing a district to
4 designate another single affected district to conduct
5 resource management responsibilities under an
6 interagency agreement; requiring that the district
7 providing funding assistance for an activity, study,
8 or project receive some or all of the benefits;
9 amending s. 373.223, F.S.; requiring districts to
10 apply specific reservations, minimum flows and levels,
11 and recovery and prevention strategies in determining
12 certain effects of proposed consumptive uses of water;
13 providing an exception; providing requirements for the
14 challenge of specified rules; providing for
15 applicability; amending s. 373.605, F.S.; authorizing
16 a district to provide group health insurance for the
17 employees of another district; removing obsolete
18 provisions; amending s. 373.709, F.S., relating to
19 regional water supply planning; removing a reference
20 to the Southwest Florida Water Management District;
21 requiring a regional water supply authority and the
22 applicable water management district to jointly
23 develop the water supply component of the regional
24 water supply plan; amending s. 373.171, F.S.;
25 exempting cooperative funding programs from certain
26 rulemaking requirements; providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Subsection (7) is added to section 373.046,
31 Florida Statutes, to read:
32 373.046 Interagency agreements.—
33 (7) If the geographic area of a resource management
34 activity, study, or project crosses water management district
35 boundaries, the affected districts may designate a single
36 affected district to conduct all or part of the applicable
37 resource management responsibilities under this chapter, with
38 the exception of those regulatory responsibilities that are
39 subject to subsection (6). If funding assistance is provided to
40 a resource management activity, study, or project, the district
41 providing the funding must ensure that some or all the benefits
42 accrue to the funding district. This subsection may not impair
43 any interagency agreement in effect on July 1, 2012.
44 Section 2. Subsection (6) is added to section 373.223,
45 Florida Statutes, to read:
46 373.223 Conditions for a permit.—
47 (6) In determining the effect of a proposed consumptive use
48 of water on the water resources of an adjoining district, the
49 governing board shall apply, without adopting by rule, the
50 reservations, minimum flows and levels, and recovery or
51 prevention strategies adopted by rule after July 1, 2012, by the
52 adjoining district. The governing board may not authorize a
53 consumptive use of water which violates any reservation adopted
54 pursuant to subsection (4) or any minimum flow or level adopted
55 pursuant to ss. 373.042 and 373.0421 after July 1, 2012, unless
56 such permit is issued in accordance with the recovery or
57 prevention strategy adopted by rule by the adjoining district.
58 The district may grant a variance from the recovery or
59 prevention strategy if the applicant identifies an alternative
60 strategy to assist with the recovery of or the prevention of
61 harm to a water body. Any rule applied pursuant to this
62 subsection which is challenged under s. 120.56 or s. 120.569
63 shall be defended by the district that adopted the rule. This
64 subsection does not apply to and may not be considered for any
65 permit issued before July 1, 2012, including a review of a
66 compliance report submitted pursuant to s. 373.236, or a permit
67 modification requested by the permittee unless the permittee
68 requests an increase in permitted quantities or a transfer of
69 permitted quantities to a new or existing source.
70 Section 3. Section 373.605, Florida Statues, is amended to
71 read:
72 373.605 Group insurance for water management districts.—
73 (1) The governing board of a any water management district
74 may is hereby authorized and empowered to provide group
75 insurance for its employees in the same manner and with the same
76 provisions and limitations authorized for other public employees
77 by ss. 112.08, 112.09, 112.10, 112.11, and 112.14.
78 (2) The governing board of a water management district may
79 provide group insurance for its employees and the employees of
80 another water management district in the same manner and with
81 the same provisions and limitations authorized for other public
82 employees by ss. 112.08, 112.09, 112.10, 112.11, and 112.14.
83 (2) Any and all insurance agreements in effect as of
84 October 1, 1974, which conform to the provisions of this section
85 are hereby ratified.
86 Section 4. Subsection (3) of section 373.709, Florida
87 Statutes, is amended to read:
88 373.709 Regional water supply planning.—
89 (3) The water supply development component of a regional
90 water supply plan which deals with or affects public utilities
91 and public water supply for those areas served by a regional
92 water supply authority and its member governments within the
93 boundary of the Southwest Florida Water Management District
94 shall be developed jointly by the authority and the applicable
95 water management district. In areas not served by regional water
96 supply authorities, or other multijurisdictional water supply
97 entities, and where opportunities exist to meet water supply
98 needs more efficiently through multijurisdictional projects
99 identified pursuant to paragraph (2)(a), water management
100 districts are directed to assist in developing
101 multijurisdictional approaches to water supply project
102 development jointly with affected water utilities, special
103 districts, and local governments.
104 Section 5. Subsection (5) is added to section 373.171,
105 Florida Statutes, to read:
106 373.171 Rules.—
107 (5) Cooperative funding programs are not subject to the
108 rulemaking requirements of chapter 120. However, any portion of
109 an approved program which affects the substantial interests of a
110 party is subject to s. 120.569.
111 Section 6. This act shall take effect July 1, 2012.