The Florida Senate

298.225  Water control plan; plan development and amendment.--

(1)  Effective October 1, 1998, any plan of reclamation or water management plan developed and implemented by a water control district created by this chapter or by special act of the Legislature will be referred to as a "water control plan."

(2)  By October 1, 2000, the board of supervisors of each water control district must develop or revise the district's water control plan to reflect the minimum requirements set forth in subsection (3).

(3)  Each water control plan must contain, at a minimum:

(a)  Narrative descriptions of the statutory responsibilities and powers of the water control district.

(b)  A map delineating the legal boundary of the water control district and identifying any subdistricts or units within the district.

(c)  Narrative descriptions of land use within the district and all existing district facilities and their purpose and function, and a map depicting their locations.

(d)  Engineering drawings and narrative sufficient to describe each facility's capacity for the management and storage of surface waters and potable water supply, if applicable.

(e)  A description of any environmental or water quality program that the water control district has implemented or plans to implement.

(f)  A map and narrative description of any area outside the water control district's legal boundary for which the district provides services.

(g)  Detailed descriptions of facilities and services that the water control district plans to provide within 5 years.

(h)  A description of the administrative structure of the water control district.

(i)  Copies of any agreements between the water control district and other governmental entities.

(j)  The engineer's report prepared for plan adoption or revision.

(k)  The water control district's budget and revenue sources for the current year.

(4)  Before final adoption of the water control plan or plan amendment under s. 298.301, the board of supervisors must submit the plan to the jurisdictional water management district for review. Within 90 days after receipt of the water control plan, the governing board of the jurisdictional water management district, or the executive director or designee, if delegated, must review the plan for consistency with the applicable water resource plans and policies and recommend to the board of supervisors any proposed changes. If the jurisdictional water management district determines that the plan is incomplete, it may notify the water control district and request additional information. Upon such request, the deadline for review may be extended as agreed by the water control district and the jurisdictional water management district. Within 60 days after receipt of the applicable water management district's recommended changes, the board of supervisors shall include the recommendations in the water control plan or plan amendment to the extent practicable. If the recommendations are not incorporated, the board of supervisors must specify its reasons in the water control plan or plan amendment adopted. A copy of the water control plan must be filed with the jurisdictional water management district and each local general purpose government within which all or a portion of the district's lands are located.

(5)  The review or approval of the water control plan by the applicable water management district shall not constitute the granting of any permit necessary for the construction or operation of any water control district work and cannot be relied upon as any future agency action on a permit application.

(6)  The board of supervisors must review the water control plan at least every 5 years following its initial development and adoption, and to the extent necessary, amend the plan in accordance with s. 298.301.

(7)  If the preparation of a water control plan under this section does not result in revision of the district's current plan or require the alteration or increase of any levy of assessments or taxes, a change in the use of said assessments or taxes, or substantial change to district facilities, the provisions of s. 298.301(2)-(9) do not apply to the plan adoption process.

History.--s. 7, ch. 97-40.