CS for CS for CS for SB 550 First Engrossed
2010550e1
1 A bill to be entitled
2 An act relating to environmental protection; creating
3 part VII of ch. 373, F.S., relating to water supply
4 policy, planning, production, and funding; providing a
5 declaration of policy; providing for the general
6 powers and duties of water management district
7 governing boards; requiring the Department of
8 Environmental Protection to develop the Florida water
9 supply plan; providing components of the plan;
10 requiring water management district governing boards
11 to develop water supply plans for their respective
12 regions; providing components of district water supply
13 plans; providing legislative findings and intent with
14 respect to water resource development and water supply
15 development; requiring water management districts to
16 fund and implement water resource development;
17 specifying water supply development projects that are
18 eligible to receive priority consideration for state
19 or water management district funding assistance;
20 encouraging cooperation in the development of water
21 supplies; providing for alternative water supply
22 development; encouraging municipalities, counties, and
23 special districts to create regional water supply
24 authorities; establishing the primary roles of the
25 water management districts in alternative water supply
26 development; establishing the primary roles of local
27 governments, regional water supply authorities,
28 special districts, and publicly owned and privately
29 owned water utilities in alternative water supply
30 development; requiring the water management districts
31 to detail the specific allocations to be used for
32 alternative water supply development in their annual
33 budget submission; requiring that the water management
34 districts include the amount needed to implement the
35 water supply development projects in each annual
36 budget; establishing general funding criteria for
37 funding assistance to the state or water management
38 districts; establishing economic incentives for
39 alternative water supply development; providing a
40 funding formula for the distribution of state funds to
41 the water management districts for alternative water
42 supply development; requiring that funding assistance
43 for alternative water supply development be limited to
44 a percentage of the total capital costs of an approved
45 project; establishing a selection process and
46 criteria; providing for cost recovery from the Public
47 Service Commission; requiring a water management
48 district governing board to conduct water supply
49 planning for each region identified in the district
50 water supply plan; providing procedures and
51 requirements with respect to regional water supply
52 plans; providing for joint development of a specified
53 water supply development component of a regional water
54 supply plan within the boundaries of the Southwest
55 Florida Water Management District; providing that
56 approval of a regional water supply plan is not
57 subject to the rulemaking requirements of the
58 Administrative Procedure Act; requiring the department
59 to submit annual reports on the status of regional
60 water supply planning in each district; providing for
61 construction with respect to the water supply
62 development component of a regional water supply plan;
63 requiring water management districts to present to
64 certain entities the relevant portions of a regional
65 water supply plan; requiring certain entities to
66 provide written notification to water management
67 districts as to the implementation of water supply
68 project options; requiring water management districts
69 to notify local governments of the need for
70 alternative water supply projects; requiring water
71 management districts to assist local governments in
72 the development and future revision of local
73 government comprehensive plan elements or public
74 facilities reports related to water resource issues;
75 providing for the creation of regional water supply
76 authorities; providing purpose of such authorities;
77 specifying considerations with respect to the creation
78 of a proposed authority; specifying authority of a
79 regional water supply authority; providing authority
80 of specified entities to convey title, dedicate land,
81 or grant land-use rights to a regional water supply
82 authority for specified purposes; providing
83 preferential rights of counties and municipalities to
84 purchase water from regional water supply authorities;
85 providing an exemption for specified water supply
86 authorities from consideration of certain factors and
87 submissions; providing applicability of such
88 exemptions; authorizing the West Coast Regional Water
89 Supply Authority and its member governments to
90 reconstitute the authority’s governance and rename the
91 authority under a voluntary interlocal agreement;
92 providing compliance requirements with respect to the
93 interlocal agreement; providing for supersession of
94 conflicting general or special laws; providing
95 requirements with respect to annual budgets;
96 specifying the annual millage for the authority;
97 authorizing the authority to request the governing
98 board of the district to levy ad valorem taxes within
99 the boundaries of the authority to finance authority
100 functions; providing requirements and procedures with
101 respect to the collection of such taxes; amending ss.
102 120.52, 163.3167, 163.3177, 163.3191, 189.404,
103 189.4155, 189.4156, and 367.021, F.S.; conforming
104 cross-references and removing obsolete provisions;
105 amending ss. 373.036, 373.0363, 373.0421, 373.0695,
106 373.223, 373.2234, 373.229, 373.236, 373.536, 373.59,
107 378.212, 378.404, 403.0891, 403.890, 403.891, and
108 682.02, F.S.; conforming cross-references and removing
109 obsolete provisions; renumbering s. 373.71, F.S.;
110 relating to the Apalachicola-Chattahoochee-Flint River
111 Basin Compact, to clarify retention of the section in
112 part VI of ch. 373, F.S.; repealing s. 373.0361, F.S.,
113 relating to regional water supply planning; repealing
114 s. 373.0391, F.S., relating to technical assistance to
115 local governments; repealing s. 373.0831, F.S.,
116 relating to water resource and water supply
117 development; repealing s. 373.196, F.S., relating to
118 alternative water supply development; repealing s.
119 373.1961, F.S., relating to water production and
120 related powers and duties of water management
121 districts; repealing s. 373.1962, F.S., relating to
122 regional water supply authorities; repealing s.
123 373.1963, F.S., relating to assistance to the West
124 Coast Regional Water Supply Authority; amending s.
125 373.1961, F.S.; expanding alternative water supply
126 funding to include quantifiable conservation projects;
127 adding a high-water recharge criterion to the ranking
128 criteria for water projects; amending s. 373.414,
129 F.S.; adding limestone extraction operations to
130 activities in surface waters and wetlands that require
131 mitigation; amending s. 378.901, F.S.; allowing life
132 of-the-mine permits for limestone extraction
133 operations; providing authority for local governments
134 to impose different permit restrictions; amending s.
135 373.41492, F.S.; updating mitigation fees for the
136 Miami-Dade Lake Belt Mitigation Plan; amending s.
137 215.619, F.S.; authorizing the issuance of bonds to be
138 used to finance the management of sewage facilities in
139 the Florida Keys Area of Critical State Concern;
140 amending s. 380.0552, F.S.; revising legislative
141 intent relating to the designation of the Florida Keys
142 as an area of critical state concern; revising the
143 procedures for removing the designation; providing for
144 administrative review of such removal rather than
145 judicial review; authorizing the Administration
146 Commission to adopt rules or revise existing rules;
147 revising the principles guiding development; revising
148 compliance requirements for reviewing comprehensive
149 plan amendments; amending s. 381.0065, F.S.; providing
150 additional legislative intent; providing additional
151 requirements for onsite sewage treatment and disposal
152 systems in Monroe County; directing the Department of
153 Health to create and administer a statewide septic
154 tank evaluation program; providing procedures and
155 criteria for the evaluation program; prohibiting the
156 land application of septage after January 1, 2016;
157 creating s. 381.00656, F.S.; providing for a low
158 income grant program for septic tank maintenance and
159 replacement; amending s. 381.0066, F.S.; authorizing
160 the Department of Health to collect an evaluation
161 report fee; requiring such fees to be revenue neutral;
162 amending s. 403.086, F.S.; requiring the Department of
163 Environmental Protection to submit a report on the
164 effects of reclaimed water use; clarifying reuse
165 requirements for domestic wastewater facilities that
166 discharge through ocean outfalls; clarifying reuse
167 requirements for domestic wastewater facilities that
168 divert wastewater from facilities discharging through
169 ocean outfalls; providing legislative findings and
170 discharge requirements for wastewater facilities in
171 Monroe County; repealing sections 4, 5, and 6 of
172 chapter 99-395, Laws of Florida, as amended, relating
173 to sewage treatment in the Florida Keys; amending s.
174 403.1835, F.S.; conforming terms to changes made to
175 the Florida Water Pollution Control Financing
176 Corporation; amending s. 403.1837, F.S.; expanding the
177 purview of the corporation to include loans made from
178 the drinking water state revolving loan fund;
179 providing conforming changes; amending s. 403.8532,
180 F.S.; providing definitions for the terms “bonds” and
181 “corporation”; providing conforming changes;
182 authorizing the Department of Environmental Protection
183 to adopt certain rules; amending s. 403.8533, F.S.;
184 revising the purposes for the Drinking Water Revolving
185 Loan Trust Fund; providing that the trust fund is
186 exempt from the termination provisions of the State
187 Constitution; amending s. 369.317, F.S.; clarifying
188 mitigation offsets in the Wekiva Study Area; amending
189 s. 553.77, F.S.; directing the Florida Building
190 Commission to recommend products that result in water
191 conservation; amending s. 215.47, F.S.; authorizing
192 the State Board of Administration to make investments
193 in alternative water supply and water resource
194 development projects; amending s. 373.129, F.S.;
195 requiring the water management districts to submit to
196 alternative dispute resolution in conflicts with other
197 governmental entities; amending s. 403.707, F.S.;
198 requiring liners for new landfills and expansions of
199 existing landfills not yet permitted that will accept
200 construction and demolition debris; amending s.
201 298.66, F.S.; clarifying penalties for people who
202 damage drainage works constructed or maintained by a
203 water management district; providing legislative
204 intent that there are no substantive changes in the
205 reorganization ch. 373, F.S.; providing legislative
206 intent that substantive changes affecting repealed
207 sections of law relating to the reorganization of ch.
208 373, F.S., shall be given full force and effect;
209 providing an effective date.
210
211 Be It Enacted by the Legislature of the State of Florida:
212
213 Section 1. Part VII of chapter 373, Florida Statutes,
214 consisting of sections 373.701, 373.703, 373.705, 373.707,
215 373.709, 373.711, 373.713, and 373.715, is created to read:
216 PART VII
217 WATER SUPPLY POLICY, PLANNING, PRODUCTION, AND FUNDING
218 373.701 Declaration of policy.—It is declared to be the
219 policy of the Legislature:
220 (1) To promote the availability of sufficient water for all
221 existing and future reasonable-beneficial uses and natural
222 systems.
223 (2)(a) Because water constitutes a public resource
224 benefiting the entire state, it is the policy of the Legislature
225 that the waters in the state be managed on a state and regional
226 basis. Consistent with this directive, the Legislature
227 recognizes the need to allocate water throughout the state so as
228 to meet all reasonable-beneficial uses. However, the Legislature
229 acknowledges that such allocations have in the past adversely
230 affected the water resources of certain areas in this state. To
231 protect such water resources and to meet the current and future
232 needs of those areas with abundant water, the Legislature
233 directs the department and the water management districts to
234 encourage the use of water from sources nearest the area of use
235 or application whenever practicable. Such sources shall include
236 all naturally occurring water sources and all alternative water
237 sources, including, but not limited to, desalination,
238 conservation, reuse of nonpotable reclaimed water and
239 stormwater, and aquifer storage and recovery. Reuse of potable
240 reclaimed water and stormwater shall not be subject to the
241 evaluation described in s. 373.223(3)(a)-(g). However, this
242 directive to encourage the use of water, whenever practicable,
243 from sources nearest the area of use or application shall not
244 apply to the transport and direct and indirect use of water
245 within the area encompassed by the Central and Southern Florida
246 Flood Control Project, nor shall it apply anywhere in the state
247 to the transport and use of water supplied exclusively for
248 bottled water as defined in s. 500.03(1)(d), nor shall it apply
249 to the transport and use of reclaimed water for electrical power
250 production by an electric utility as defined in s. 366.02(2).
251 (b) In establishing the policy outlined in paragraph (a),
252 the Legislature realizes that under certain circumstances the
253 need to transport water from distant sources may be necessary
254 for environmental, technical, or economic reasons.
255 (3) Cooperative efforts between municipalities, counties,
256 water management districts, and the department are mandatory in
257 order to meet the water needs of rapidly urbanizing areas in a
258 manner that will supply adequate and dependable supplies of
259 water where needed without resulting in adverse effects upon the
260 areas from which such water is withdrawn. Such efforts should
261 use all practical means of obtaining water, including, but not
262 limited to, withdrawals of surface water and ground water,
263 reuse, and desalination and will necessitate not only
264 cooperation but also well-coordinated activities.
265 Municipalities, counties, and special districts are encouraged
266 to create regional water supply authorities as authorized in s.
267 373.713 or multijurisdictional water supply entities.
268 373.703 Water production; general powers and duties.—In the
269 performance of, and in conjunction with, its other powers and
270 duties, the governing board of a water management district
271 existing pursuant to this chapter:
272 (1) Shall engage in planning to assist counties,
273 municipalities, special districts, publicly owned and privately
274 owned water utilities, multijurisdictional water supply
275 entities, or regional water supply authorities in meeting water
276 supply needs in such manner as will give priority to encouraging
277 conservation and reducing adverse environmental effects of
278 improper or excessive withdrawals of water from concentrated
279 areas. As used in this section and s. 373.707, regional water
280 supply authorities are regional water authorities created under
281 s. 373.713 or other laws of this state.
282 (2) Shall assist counties, municipalities, special
283 districts, publicly owned or privately owned water utilities,
284 multijurisdictional water supply entities, or regional water
285 supply authorities in meeting water supply needs in such manner
286 as will give priority to encouraging conservation and reducing
287 adverse environmental effects of improper or excessive
288 withdrawals of water from concentrated areas.
289 (3) May establish, design, construct, operate, and maintain
290 water production and transmission facilities for the purpose of
291 supplying water to counties, municipalities, special districts,
292 publicly owned and privately owned water utilities,
293 multijurisdictional water supply entities, or regional water
294 supply authorities. The permit required by part II of this
295 chapter for a water management district engaged in water
296 production and transmission shall be granted, denied, or granted
297 with conditions by the department.
298 (4) Shall not engage in local water supply distribution.
299 (5) Shall not deprive, directly or indirectly, any county
300 wherein water is withdrawn of the prior right to the reasonable
301 and beneficial use of water which is required to supply
302 adequately the reasonable and beneficial needs of the county or
303 any of the inhabitants or property owners therein.
304 (6) May provide water and financial assistance to regional
305 water supply authorities, but may not provide water to counties
306 and municipalities which are located within the area of such
307 authority without the specific approval of the authority or, in
308 the event of the authority’s disapproval, the approval of the
309 Governor and Cabinet sitting as the Land and Water Adjudicatory
310 Commission. The district may supply water at rates and upon
311 terms mutually agreed to by the parties or, if they do not
312 agree, as set by the governing board and specifically approved
313 by the Governor and Cabinet sitting as the Land and Water
314 Adjudicatory Commission.
315 (7) May acquire title to such interest as is necessary in
316 real property, by purchase, gift, devise, lease, eminent domain,
317 or otherwise, for water production and transmission consistent
318 with this section and s. 373.707. However, the district shall
319 not use any of the eminent domain powers herein granted to
320 acquire water and water rights already devoted to reasonable and
321 beneficial use or any water production or transmission
322 facilities owned by any county, municipality, or regional water
323 supply authority. The district may exercise eminent domain
324 powers outside of its district boundaries for the acquisition of
325 pumpage facilities, storage areas, transmission facilities, and
326 the normal appurtenances thereto, provided that at least 45 days
327 prior to the exercise of eminent domain, the district notifies
328 the district where the property is located after public notice
329 and the district where the property is located does not object
330 within 45 days after notification of such exercise of eminent
331 domain authority.
332 (8) In addition to the power to issue revenue bonds
333 pursuant to s. 373.584, may issue revenue bonds for the purposes
334 of paying the costs and expenses incurred in carrying out the
335 purposes of this chapter or refunding obligations of the
336 district issued pursuant to this section. Such revenue bonds
337 shall be secured by, and be payable from, revenues derived from
338 the operation, lease, or use of its water production and
339 transmission facilities and other water-related facilities and
340 from the sale of water or services relating thereto. Such
341 revenue bonds may not be secured by, or be payable from, moneys
342 derived by the district from the Water Management Lands Trust
343 Fund or from ad valorem taxes received by the district. All
344 provisions of s. 373.584 relating to the issuance of revenue
345 bonds which are not inconsistent with this section shall apply
346 to the issuance of revenue bonds pursuant to this section. The
347 district may also issue bond anticipation notes in accordance
348 with the provisions of s. 373.584.
349 (9) May join with one or more other water management
350 districts, counties, municipalities, special districts, publicly
351 owned or privately owned water utilities, multijurisdictional
352 water supply entities, or regional water supply authorities for
353 the purpose of carrying out any of its powers, and may contract
354 with such other entities to finance acquisitions, construction,
355 operation, and maintenance. The contract may provide for
356 contributions to be made by each party thereto, for the division
357 and apportionment of the expenses of acquisitions, construction,
358 operation, and maintenance, and for the division and
359 apportionment of the benefits, services, and products therefrom.
360 The contracts may contain other covenants and agreements
361 necessary and appropriate to accomplish their purposes.
362 373.705 Water resource development; water supply
363 development.—
364 (1) The Legislature finds that:
365 (a) The proper role of the water management districts in
366 water supply is primarily planning and water resource
367 development, but this does not preclude them from providing
368 assistance with water supply development.
369 (b) The proper role of local government, regional water
370 supply authorities, and government-owned and privately owned
371 water utilities in water supply is primarily water supply
372 development, but this does not preclude them from providing
373 assistance with water resource development.
374 (c) Water resource development and water supply development
375 must receive priority attention, where needed, to increase the
376 availability of sufficient water for all existing and future
377 reasonable-beneficial uses and natural systems.
378 (2) It is the intent of the Legislature that:
379 (a) Sufficient water be available for all existing and
380 future reasonable-beneficial uses and the natural systems, and
381 that the adverse effects of competition for water supplies be
382 avoided.
383 (b) Water management districts take the lead in identifying
384 and implementing water resource development projects, and be
385 responsible for securing necessary funding for regionally
386 significant water resource development projects.
387 (c) Local governments, regional water supply authorities,
388 and government-owned and privately owned water utilities take
389 the lead in securing funds for and implementing water supply
390 development projects. Generally, direct beneficiaries of water
391 supply development projects should pay the costs of the projects
392 from which they benefit, and water supply development projects
393 should continue to be paid for through local funding sources.
394 (d) Water supply development be conducted in coordination
395 with water management district regional water supply planning
396 and water resource development.
397 (3) The water management districts shall fund and implement
398 water resource development as defined in s. 373.019. The water
399 management districts are encouraged to implement water resource
400 development as expeditiously as possible in areas subject to
401 regional water supply plans. Each governing board shall include
402 in its annual budget the amount needed for the fiscal year to
403 implement water resource development projects, as prioritized in
404 its regional water supply plans.
405 (4)(a) Water supply development projects that are
406 consistent with the relevant regional water supply plans and
407 that meet one or more of the following criteria shall receive
408 priority consideration for state or water management district
409 funding assistance:
410 1. The project supports establishment of a dependable,
411 sustainable supply of water which is not otherwise financially
412 feasible;
413 2. The project provides substantial environmental benefits
414 by preventing or limiting adverse water resource impacts, but
415 requires funding assistance to be economically competitive with
416 other options; or
417 3. The project significantly implements reuse, storage,
418 recharge, or conservation of water in a manner that contributes
419 to the sustainability of regional water sources.
420 (b) Water supply development projects that meet the
421 criteria in paragraph (a) and that meet one or more of the
422 following additional criteria shall be given first consideration
423 for state or water management district funding assistance:
424 1. The project brings about replacement of existing sources
425 in order to help implement a minimum flow or level; or
426 2. The project implements reuse that assists in the
427 elimination of domestic wastewater ocean outfalls as provided in
428 s. 403.086(9).
429 373.707 Alternative water supply development.—
430 (1) The purpose of this section is to encourage cooperation
431 in the development of water supplies and to provide for
432 alternative water supply development.
433 (a) Demands on natural supplies of fresh water to meet the
434 needs of a rapidly growing population and the needs of the
435 environment, agriculture, industry, and mining will continue to
436 increase.
437 (b) There is a need for the development of alternative
438 water supplies for Florida to sustain its economic growth,
439 economic viability, and natural resources.
440 (c) Cooperative efforts between municipalities, counties,
441 special districts, water management districts, and the
442 Department of Environmental Protection are mandatory in order to
443 meet the water needs of rapidly urbanizing areas in a manner
444 that will supply adequate and dependable supplies of water where
445 needed without resulting in adverse effects upon the areas from
446 which such water is withdrawn. Such efforts should use all
447 practical means of obtaining water, including, but not limited
448 to, withdrawals of surface water and ground water, reuse, and
449 desalinization, and will necessitate not only cooperation but
450 also well-coordinated activities. Municipalities, counties, and
451 special districts are encouraged to create regional water supply
452 authorities as authorized in s. 373.713 or multijurisdictional
453 water supply entities.
454 (d) Alternative water supply development must receive
455 priority funding attention to increase the available supplies of
456 water to meet all existing and future reasonable-beneficial uses
457 and to benefit the natural systems.
458 (e) Cooperation between counties, municipalities, regional
459 water supply authorities, multijurisdictional water supply
460 entities, special districts, and publicly owned and privately
461 owned water utilities in the development of countywide and
462 multicountywide alternative water supply projects will allow for
463 necessary economies of scale and efficiencies to be achieved in
464 order to accelerate the development of new, dependable, and
465 sustainable alternative water supplies.
466 (f) It is in the public interest that county, municipal,
467 industrial, agricultural, and other public and private water
468 users, the Department of Environmental Protection, and the water
469 management districts cooperate and work together in the
470 development of alternative water supplies to avoid the adverse
471 effects of competition for limited supplies of water. Public
472 moneys or services provided to private entities for alternative
473 water supply development may constitute public purposes that
474 also are in the public interest.
475 (2)(a) Sufficient water must be available for all existing
476 and future reasonable-beneficial uses and the natural systems,
477 and the adverse effects of competition for water supplies must
478 be avoided.
479 (b) Water supply development and alternative water supply
480 development must be conducted in coordination with water
481 management district regional water supply planning.
482 (c) Funding for the development of alternative water
483 supplies shall be a shared responsibility of water suppliers and
484 users, the State of Florida, and the water management districts,
485 with water suppliers and users having the primary responsibility
486 and the State of Florida and the water management districts
487 being responsible for providing funding assistance.
488 (3) The primary roles of the water management districts in
489 water resource development as it relates to supporting
490 alternative water supply development are:
491 (a) The formulation and implementation of regional water
492 resource management strategies that support alternative water
493 supply development;
494 (b) The collection and evaluation of surface water and
495 groundwater data to be used for a planning level assessment of
496 the feasibility of alternative water supply development
497 projects;
498 (c) The construction, operation, and maintenance of major
499 public works facilities for flood control, surface and
500 underground water storage, and groundwater recharge augmentation
501 to support alternative water supply development;
502 (d) Planning for alternative water supply development as
503 provided in regional water supply plans in coordination with
504 local governments, regional water supply authorities,
505 multijurisdictional water supply entities, special districts,
506 and publicly owned and privately owned water utilities and self
507 suppliers;
508 (e) The formulation and implementation of structural and
509 nonstructural programs to protect and manage water resources in
510 support of alternative water supply projects; and
511 (f) The provision of technical and financial assistance to
512 local governments and publicly owned and privately owned water
513 utilities for alternative water supply projects.
514 (4) The primary roles of local government, regional water
515 supply authorities, multijurisdictional water supply entities,
516 special districts, and publicly owned and privately owned water
517 utilities in alternative water supply development shall be:
518 (a) The planning, design, construction, operation, and
519 maintenance of alternative water supply development projects;
520 (b) The formulation and implementation of alternative water
521 supply development strategies and programs;
522 (c) The planning, design, construction, operation, and
523 maintenance of facilities to collect, divert, produce, treat,
524 transmit, and distribute water for sale, resale, or end use; and
525 (d) The coordination of alternative water supply
526 development activities with the appropriate water management
527 district having jurisdiction over the activity.
528 (5) Nothing in this section shall be construed to preclude
529 the various special districts, municipalities, and counties from
530 continuing to operate existing water production and transmission
531 facilities or to enter into cooperative agreements with other
532 special districts, municipalities, and counties for the purpose
533 of meeting their respective needs for dependable and adequate
534 supplies of water; however, the obtaining of water through such
535 operations shall not be done in a manner that results in adverse
536 effects upon the areas from which such water is withdrawn.
537 (6)(a) The statewide funds provided pursuant to the Water
538 Protection and Sustainability Program serve to supplement
539 existing water management district or basin board funding for
540 alternative water supply development assistance and should not
541 result in a reduction of such funding. Therefore, the water
542 management districts shall include in the annual tentative and
543 adopted budget submittals required under this chapter the amount
544 of funds allocated for water resource development that supports
545 alternative water supply development and the funds allocated for
546 alternative water supply projects selected for inclusion in the
547 Water Protection and Sustainability Program. It shall be the
548 goal of each water management district and basin boards that the
549 combined funds allocated annually for these purposes be, at a
550 minimum, the equivalent of 100 percent of the state funding
551 provided to the water management district for alternative water
552 supply development. If this goal is not achieved, the water
553 management district shall provide in the budget submittal an
554 explanation of the reasons or constraints that prevent this goal
555 from being met, an explanation of how the goal will be met in
556 future years, and affirmation of match is required during the
557 budget review process as established under s. 373.536(5). The
558 Suwannee River Water Management District and the Northwest
559 Florida Water Management District shall not be required to meet
560 the match requirements of this paragraph; however, they shall
561 try to achieve the match requirement to the greatest extent
562 practicable.
563 (b) State funds from the Water Protection and
564 Sustainability Program created in s. 403.890 shall be made
565 available for financial assistance for the project construction
566 costs of alternative water supply development projects selected
567 by a water management district governing board for inclusion in
568 the program.
569 (7) The water management district shall implement its
570 responsibilities as expeditiously as possible in areas subject
571 to regional water supply plans. Each district’s governing board
572 shall include in its annual budget the amount needed for the
573 fiscal year to assist in implementing alternative water supply
574 development projects.
575 (8)(a) The water management districts and the state shall
576 share a percentage of revenues with water providers and users,
577 including local governments, water, wastewater, and reuse
578 utilities, municipal, special district, industrial, and
579 agricultural water users, and other public and private water
580 users, to be used to supplement other funding sources in the
581 development of alternative water supplies.
582 (b) Beginning in the 2005-2006 fiscal year, the state shall
583 annually provide a portion of those revenues deposited into the
584 Water Protection and Sustainability Program Trust Fund for the
585 purpose of providing funding assistance for the development of
586 alternative water supplies pursuant to the Water Protection and
587 Sustainability Program. At the beginning of each fiscal year,
588 beginning with the 2005-2006 fiscal year, such revenues shall be
589 distributed by the department into the alternative water supply
590 trust fund accounts created by each district for the purpose of
591 alternative water supply development under the following funding
592 formula:
593 1. Thirty percent to the South Florida Water Management
594 District;
595 2. Twenty-five percent to the Southwest Florida Water
596 Management District;
597 3. Twenty-five percent to the St. Johns River Water
598 Management District;
599 4. Ten percent to the Suwannee River Water Management
600 District; and
601 5. Ten percent to the Northwest Florida Water Management
602 District.
603 (c) The financial assistance for alternative water supply
604 projects allocated in each district’s budget as required in
605 subsection (6) shall be combined with the state funds and used
606 to assist in funding the project construction costs of
607 alternative water supply projects selected by the governing
608 board. If the district has not completed any regional water
609 supply plan, or the regional water supply plan does not identify
610 the need for any alternative water supply projects, funds
611 deposited in that district’s trust fund may be used for water
612 resource development projects, including, but not limited to,
613 springs protection.
614 (d) All projects submitted to the governing board for
615 consideration shall reflect the total capital cost for
616 implementation. The costs shall be segregated pursuant to the
617 categories described in the definition of capital costs.
618 (e) Applicants for projects that may receive funding
619 assistance pursuant to the Water Protection and Sustainability
620 Program shall, at a minimum, be required to pay 60 percent of
621 the project’s construction costs. The water management districts
622 may, at their discretion, totally or partially waive this
623 requirement for projects sponsored by financially disadvantaged
624 small local governments as defined in former s. 403.885(5). The
625 water management districts or basin boards may, at their
626 discretion, use ad valorem or federal revenues to assist a
627 project applicant in meeting the requirements of this paragraph.
628 (f) The governing boards shall determine those projects
629 that will be selected for financial assistance. The governing
630 boards may establish factors to determine project funding;
631 however, significant weight shall be given to the following
632 factors:
633 1. Whether the project provides substantial environmental
634 benefits by preventing or limiting adverse water resource
635 impacts.
636 2. Whether the project reduces competition for water
637 supplies.
638 3. Whether the project brings about replacement of
639 traditional sources in order to help implement a minimum flow or
640 level or a reservation.
641 4. Whether the project will be implemented by a consumptive
642 use permittee that has achieved the targets contained in a goal
643 based water conservation program approved pursuant to s.
644 373.227.
645 5. The quantity of water supplied by the project as
646 compared to its cost.
647 6. Projects in which the construction and delivery to end
648 users of reuse water is a major component.
649 7. Whether the project will be implemented by a
650 multijurisdictional water supply entity or regional water supply
651 authority.
652 8. Whether the project implements reuse that assists in the
653 elimination of domestic wastewater ocean outfalls as provided in
654 s. 403.086(9).
655 (g) Additional factors to be considered in determining
656 project funding shall include:
657 1. Whether the project is part of a plan to implement two
658 or more alternative water supply projects, all of which will be
659 operated to produce water at a uniform rate for the participants
660 in a multijurisdictional water supply entity or regional water
661 supply authority.
662 2. The percentage of project costs to be funded by the
663 water supplier or water user.
664 3. Whether the project proposal includes sufficient
665 preliminary planning and engineering to demonstrate that the
666 project can reasonably be implemented within the timeframes
667 provided in the regional water supply plan.
668 4. Whether the project is a subsequent phase of an
669 alternative water supply project that is underway.
670 5. Whether and in what percentage a local government or
671 local government utility is transferring water supply system
672 revenues to the local government general fund in excess of
673 reimbursements for services received from the general fund,
674 including direct and indirect costs and legitimate payments in
675 lieu of taxes.
676 (h) After conducting one or more meetings to solicit public
677 input on eligible projects, including input from those entities
678 identified pursuant to s. 373.709(2)(a)3.d. for implementation
679 of alternative water supply projects, the governing board of
680 each water management district shall select projects for funding
681 assistance based upon the criteria set forth in paragraphs (f)
682 and (g). The governing board may select a project identified or
683 listed as an alternative water supply development project in the
684 regional water supply plan, or allocate up to 20 percent of the
685 funding for alternative water supply projects that are not
686 identified or listed in the regional water supply plan but are
687 consistent with the goals of the plan.
688 (i) Without diminishing amounts available through other
689 means described in this paragraph, the governing boards are
690 encouraged to consider establishing revolving loan funds to
691 expand the total funds available to accomplish the objectives of
692 this section. A revolving loan fund created under this paragraph
693 must be a nonlapsing fund from which the water management
694 district may make loans with interest rates below prevailing
695 market rates to public or private entities for the purposes
696 described in this section. The governing board may adopt
697 resolutions to establish revolving loan funds which must specify
698 the details of the administration of the fund, the procedures
699 for applying for loans from the fund, the criteria for awarding
700 loans from the fund, the initial capitalization of the fund, and
701 the goals for future capitalization of the fund in subsequent
702 budget years. Revolving loan funds created under this paragraph
703 must be used to expand the total sums and sources of cooperative
704 funding available for the development of alternative water
705 supplies. The Legislature does not intend for the creation of
706 revolving loan funds to supplant or otherwise reduce existing
707 sources or amounts of funds currently available through other
708 means.
709 (j) For each utility that receives financial assistance
710 from the state or a water management district for an alternative
711 water supply project, the water management district shall
712 require the appropriate rate-setting authority to develop rate
713 structures for water customers in the service area of the funded
714 utility that will:
715 1. Promote the conservation of water; and
716 2. Promote the use of water from alternative water
717 supplies.
718 (k) The governing boards shall establish a process for the
719 disbursal of revenues pursuant to this subsection.
720 (l) All revenues made available pursuant to this subsection
721 must be encumbered annually by the governing board when it
722 approves projects sufficient to expend the available revenues.
723 (m) This subsection is not subject to the rulemaking
724 requirements of chapter 120.
725 (n) By March 1 of each year, as part of the consolidated
726 annual report required by s. 373.036(7), each water management
727 district shall submit a report on the disbursal of all budgeted
728 amounts pursuant to this section. Such report shall describe all
729 alternative water supply projects funded as well as the quantity
730 of new water to be created as a result of such projects and
731 shall account separately for any other moneys provided through
732 grants, matching grants, revolving loans, and the use of
733 district lands or facilities to implement regional water supply
734 plans.
735 (o) The Florida Public Service Commission shall allow
736 entities under its jurisdiction constructing or participating in
737 constructing facilities that provide alternative water supplies
738 to recover their full, prudently incurred cost of constructing
739 such facilities through their rate structure. If construction of
740 a facility or participation in construction is pursuant to or in
741 furtherance of a regional water supply plan, the cost shall be
742 deemed to be prudently incurred. Every component of an
743 alternative water supply facility constructed by an investor
744 owned utility shall be recovered in current rates. Any state or
745 water management district cost-share is not subject to the
746 recovery provisions allowed in this paragraph.
747 (9) Funding assistance provided by the water management
748 districts for a water reuse system may include the following
749 conditions for that project if a water management district
750 determines that such conditions will encourage water use
751 efficiency:
752 (a) Metering of reclaimed water use for residential
753 irrigation, agricultural irrigation, industrial uses, except for
754 electric utilities as defined in s. 366.02(2), landscape
755 irrigation, golf course irrigation, irrigation of other public
756 access areas, commercial and institutional uses such as toilet
757 flushing, and transfers to other reclaimed water utilities;
758 (b) Implementation of reclaimed water rate structures based
759 on actual use of reclaimed water for the reuse activities listed
760 in paragraph (a);
761 (c) Implementation of education programs to inform the
762 public about water issues, water conservation, and the
763 importance and proper use of reclaimed water; or
764 (d) Development of location data for key reuse facilities.
765 373.709 Regional water supply planning.—
766 (1) The governing board of each water management district
767 shall conduct water supply planning for any water supply
768 planning region within the district identified in the
769 appropriate district water supply plan under s. 373.036, where
770 it determines that existing sources of water are not adequate to
771 supply water for all existing and future reasonable-beneficial
772 uses and to sustain the water resources and related natural
773 systems for the planning period. The planning must be conducted
774 in an open public process, in coordination and cooperation with
775 local governments, regional water supply authorities,
776 government-owned and privately owned water utilities,
777 multijurisdictional water supply entities, self-suppliers, and
778 other affected and interested parties. The districts shall
779 actively engage in public education and outreach to all affected
780 local entities and their officials, as well as members of the
781 public, in the planning process and in seeking input. During
782 preparation, but prior to completion of the regional water
783 supply plan, the district must conduct at least one public
784 workshop to discuss the technical data and modeling tools
785 anticipated to be used to support the regional water supply
786 plan. The district shall also hold several public meetings to
787 communicate the status, overall conceptual intent, and impacts
788 of the plan on existing and future reasonable-beneficial uses
789 and related natural systems. During the planning process, a
790 local government may choose to prepare its own water supply
791 assessment to determine if existing water sources are adequate
792 to meet existing and projected reasonable-beneficial needs of
793 the local government while sustaining water resources and
794 related natural systems. The local government shall submit such
795 assessment, including the data and methodology used, to the
796 district. The district shall consider the local government’s
797 assessment during the formation of the plan. A determination by
798 the governing board that initiation of a regional water supply
799 plan for a specific planning region is not needed pursuant to
800 this section shall be subject to s. 120.569. The governing board
801 shall reevaluate such a determination at least once every 5
802 years and shall initiate a regional water supply plan, if
803 needed, pursuant to this subsection.
804 (2) Each regional water supply plan shall be based on at
805 least a 20-year planning period and shall include, but need not
806 be limited to:
807 (a) A water supply development component for each water
808 supply planning region identified by the district which
809 includes:
810 1. A quantification of the water supply needs for all
811 existing and future reasonable-beneficial uses within the
812 planning horizon. The level-of-certainty planning goal
813 associated with identifying the water supply needs of existing
814 and future reasonable-beneficial uses shall be based upon
815 meeting those needs for a 1-in-10-year drought event. Population
816 projections used for determining public water supply needs must
817 be based upon the best available data. In determining the best
818 available data, the district shall consider the University of
819 Florida’s Bureau of Economic and Business Research (BEBR) medium
820 population projections and any population projection data and
821 analysis submitted by a local government pursuant to the public
822 workshop described in subsection (1) if the data and analysis
823 support the local government’s comprehensive plan. Any
824 adjustment of or deviation from the BEBR projections must be
825 fully described, and the original BEBR data must be presented
826 along with the adjusted data.
827 2. A list of water supply development project options,
828 including traditional and alternative water supply project
829 options, from which local government, government-owned and
830 privately owned utilities, regional water supply authorities,
831 multijurisdictional water supply entities, self-suppliers, and
832 others may choose for water supply development. In addition to
833 projects listed by the district, such users may propose specific
834 projects for inclusion in the list of alternative water supply
835 projects. If such users propose a project to be listed as an
836 alternative water supply project, the district shall determine
837 whether it meets the goals of the plan, and, if so, it shall be
838 included in the list. The total capacity of the projects
839 included in the plan shall exceed the needs identified in
840 subparagraph 1. and shall take into account water conservation
841 and other demand management measures, as well as water resources
842 constraints, including adopted minimum flows and levels and
843 water reservations. Where the district determines it is
844 appropriate, the plan should specifically identify the need for
845 multijurisdictional approaches to project options that, based on
846 planning level analysis, are appropriate to supply the intended
847 uses and that, based on such analysis, appear to be permittable
848 and financially and technically feasible. The list of water
849 supply development options must contain provisions that
850 recognize that alternative water supply options for agricultural
851 self-suppliers are limited.
852 3. For each project option identified in subparagraph 2.,
853 the following shall be provided:
854 a. An estimate of the amount of water to become available
855 through the project.
856 b. The timeframe in which the project option should be
857 implemented and the estimated planning-level costs for capital
858 investment and operating and maintaining the project.
859 c. An analysis of funding needs and sources of possible
860 funding options. For alternative water supply projects the water
861 management districts shall provide funding assistance in
862 accordance with s. 373.707(8).
863 d. Identification of the entity that should implement each
864 project option and the current status of project implementation.
865 (b) A water resource development component that includes:
866 1. A listing of those water resource development projects
867 that support water supply development.
868 2. For each water resource development project listed:
869 a. An estimate of the amount of water to become available
870 through the project.
871 b. The timeframe in which the project option should be
872 implemented and the estimated planning-level costs for capital
873 investment and for operating and maintaining the project.
874 c. An analysis of funding needs and sources of possible
875 funding options.
876 d. Identification of the entity that should implement each
877 project option and the current status of project implementation.
878 (c) The recovery and prevention strategy described in s.
879 373.0421(2).
880 (d) A funding strategy for water resource development
881 projects, which shall be reasonable and sufficient to pay the
882 cost of constructing or implementing all of the listed projects.
883 (e) Consideration of how the project options addressed in
884 paragraph (a) serve the public interest or save costs overall by
885 preventing the loss of natural resources or avoiding greater
886 future expenditures for water resource development or water
887 supply development. However, unless adopted by rule, these
888 considerations do not constitute final agency action.
889 (f) The technical data and information applicable to each
890 planning region which are necessary to support the regional
891 water supply plan.
892 (g) The minimum flows and levels established for water
893 resources within each planning region.
894 (h) Reservations of water adopted by rule pursuant to s.
895 373.223(4) within each planning region.
896 (i) Identification of surface waters or aquifers for which
897 minimum flows and levels are scheduled to be adopted.
898 (j) An analysis, developed in cooperation with the
899 department, of areas or instances in which the variance
900 provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to
901 create water supply development or water resource development
902 projects.
903 (3) The water supply development component of a regional
904 water supply plan which deals with or affects public utilities
905 and public water supply for those areas served by a regional
906 water supply authority and its member governments within the
907 boundary of the Southwest Florida Water Management District
908 shall be developed jointly by the authority and the district. In
909 areas not served by regional water supply authorities, or other
910 multijurisdictional water supply entities, and where
911 opportunities exist to meet water supply needs more efficiently
912 through multijurisdictional projects identified pursuant to
913 paragraph (2)(a), water management districts are directed to
914 assist in developing multijurisdictional approaches to water
915 supply project development jointly with affected water
916 utilities, special districts, and local governments.
917 (4) The South Florida Water Management District shall
918 include in its regional water supply plan water resource and
919 water supply development projects that promote the elimination
920 of wastewater ocean outfalls as provided in s. 403.086(9).
921 (5) Governing board approval of a regional water supply
922 plan shall not be subject to the rulemaking requirements of
923 chapter 120. However, any portion of an approved regional water
924 supply plan which affects the substantial interests of a party
925 shall be subject to s. 120.569.
926 (6) Annually and in conjunction with the reporting
927 requirements of s. 373.536(6)(a)4., the department shall submit
928 to the Governor and the Legislature a report on the status of
929 regional water supply planning in each district. The report
930 shall include:
931 (a) A compilation of the estimated costs of and potential
932 sources of funding for water resource development and water
933 supply development projects as identified in the water
934 management district regional water supply plans.
935 (b) The percentage and amount, by district, of district ad
936 valorem tax revenues or other district funds made available to
937 develop alternative water supplies.
938 (c) A description of each district’s progress toward
939 achieving its water resource development objectives, including
940 the district’s implementation of its 5-year water resource
941 development work program.
942 (d) An assessment of the specific progress being made to
943 implement each alternative water supply project option chosen by
944 the entities and identified for implementation in the plan.
945 (e) An overall assessment of the progress being made to
946 develop water supply in each district, including, but not
947 limited to, an explanation of how each project, either
948 alternative or traditional, will produce, contribute to, or
949 account for additional water being made available for
950 consumptive uses, an estimate of the quantity of water to be
951 produced by each project, and an assessment of the contribution
952 of the district’s regional water supply plan in providing
953 sufficient water to meet the needs of existing and future
954 reasonable-beneficial uses for a 1-in-10 year drought event, as
955 well as the needs of the natural systems.
956 (7) Nothing contained in the water supply development
957 component of a regional water supply plan shall be construed to
958 require local governments, government-owned or privately owned
959 water utilities, special districts, self-suppliers, regional
960 water supply authorities, multijurisdictional water supply
961 entities, or other water suppliers to select a water supply
962 development project identified in the component merely because
963 it is identified in the plan. Except as provided in s.
964 373.223(3) and (5), the plan may not be used in the review of
965 permits under part II of this chapter unless the plan or an
966 applicable portion thereof has been adopted by rule. However,
967 this subsection does not prohibit a water management district
968 from employing the data or other information used to establish
969 the plan in reviewing permits under part II, nor does it limit
970 the authority of the department or governing board under part
971 II.
972 (8) Where the water supply component of a water supply
973 planning region shows the need for one or more alternative water
974 supply projects, the district shall notify the affected local
975 governments and make every reasonable effort to educate and
976 involve local public officials in working toward solutions in
977 conjunction with the districts and, where appropriate, other
978 local and regional water supply entities.
979 (a) Within 6 months following approval or amendment of its
980 regional water supply plan, each water management district shall
981 notify by certified mail each entity identified in sub
982 subparagraph (2)(a)3.d. of that portion of the plan relevant to
983 the entity. Upon request of such an entity, the water management
984 district shall appear before and present its findings and
985 recommendations to the entity.
986 (b) Within 1 year after the notification by a water
987 management district pursuant to paragraph (a), each entity
988 identified in sub-subparagraph (2)(a)3.d. shall provide to the
989 water management district written notification of the following:
990 the alternative water supply projects or options identified in
991 paragraph (2)(a) which it has developed or intends to develop,
992 if any; an estimate of the quantity of water to be produced by
993 each project; and the status of project implementation,
994 including development of the financial plan, facilities master
995 planning, permitting, and efforts in coordinating
996 multijurisdictional projects, if applicable. The information
997 provided in the notification shall be updated annually, and a
998 progress report shall be provided by November 15 of each year to
999 the water management district. If an entity does not intend to
1000 develop one or more of the alternative water supply project
1001 options identified in the regional water supply plan, the entity
1002 shall propose, within 1 year after notification by a water
1003 management district pursuant to paragraph (a), another
1004 alternative water supply project option sufficient to address
1005 the needs identified in paragraph (2)(a) within the entity’s
1006 jurisdiction and shall provide an estimate of the quantity of
1007 water to be produced by the project and the status of project
1008 implementation as described in this paragraph. The entity may
1009 request that the water management district consider the other
1010 project for inclusion in the regional water supply plan.
1011 (9) For any regional water supply plan that is scheduled to
1012 be updated before December 31, 2005, the deadline for such
1013 update shall be extended by 1 year.
1014 373.711 Technical assistance to local governments.—
1015 (1) The water management districts shall assist local
1016 governments in the development and future revision of local
1017 government comprehensive plan elements or public facilities
1018 report as required by s. 189.415, related to water resource
1019 issues.
1020 (2) By July 1, 1991, each water management district shall
1021 prepare and provide information and data to assist local
1022 governments in the preparation and implementation of their local
1023 government comprehensive plans or public facilities report as
1024 required by s. 189.415, whichever is applicable. Such
1025 information and data shall include, but not be limited to:
1026 (a) All information and data required in a public
1027 facilities report pursuant to s. 189.415.
1028 (b) A description of regulations, programs, and schedules
1029 implemented by the district.
1030 (c) Identification of regulations, programs, and schedules
1031 undertaken or proposed by the district to further the State
1032 Comprehensive Plan.
1033 (d) A description of surface water basins, including
1034 regulatory jurisdictions, flood-prone areas, existing and
1035 projected water quality in water management district operated
1036 facilities, as well as surface water runoff characteristics and
1037 topography regarding flood plains, wetlands, and recharge areas.
1038 (e) A description of groundwater characteristics, including
1039 existing and planned wellfield sites, existing and anticipated
1040 cones of influence, highly productive groundwater areas, aquifer
1041 recharge areas, deep well injection zones, contaminated areas,
1042 an assessment of regional water resource needs and sources for
1043 the next 20 years, and water quality.
1044 (f) The identification of existing and potential water
1045 management district land acquisitions.
1046 (g) Information reflecting the minimum flows for surface
1047 watercourses to avoid harm to water resources or the ecosystem
1048 and information reflecting the minimum water levels for aquifers
1049 to avoid harm to water resources or the ecosystem.
1050 373.713 Regional water supply authorities.—
1051 (1) By interlocal agreement between counties,
1052 municipalities, or special districts, as applicable, pursuant to
1053 the Florida Interlocal Cooperation Act of 1969, s. 163.01, and
1054 upon the approval of the Secretary of Environmental Protection
1055 to ensure that such agreement will be in the public interest and
1056 complies with the intent and purposes of this act, regional
1057 water supply authorities may be created for the purpose of
1058 developing, recovering, storing, and supplying water for county
1059 or municipal purposes in such a manner as will give priority to
1060 reducing adverse environmental effects of excessive or improper
1061 withdrawals of water from concentrated areas. In approving said
1062 agreement the Secretary of Environmental Protection shall
1063 consider, but not be limited to, the following:
1064 (a) Whether the geographic territory of the proposed
1065 authority is of sufficient size and character to reduce the
1066 environmental effects of improper or excessive withdrawals of
1067 water from concentrated areas.
1068 (b) The maximization of economic development of the water
1069 resources within the territory of the proposed authority.
1070 (c) The availability of a dependable and adequate water
1071 supply.
1072 (d) The ability of any proposed authority to design,
1073 construct, operate, and maintain water supply facilities in the
1074 locations, and at the times necessary, to ensure that an
1075 adequate water supply will be available to all citizens within
1076 the authority.
1077 (e) The effect or impact of any proposed authority on any
1078 municipality, county, or existing authority or authorities.
1079 (f) The existing needs of the water users within the area
1080 of the authority.
1081 (2) In addition to other powers and duties agreed upon, and
1082 notwithstanding the provisions of s. 163.01, such authority may:
1083 (a) Upon approval of the electors residing in each county
1084 or municipality within the territory to be included in any
1085 authority, levy ad valorem taxes, not to exceed 0.5 mill,
1086 pursuant to s. 9(b), Art. VII of the State Constitution. No tax
1087 authorized by this paragraph shall be levied in any county or
1088 municipality without an affirmative vote of the electors
1089 residing in such county or municipality.
1090 (b) Acquire water and water rights; develop, store, and
1091 transport water; provide, sell, and deliver water for county or
1092 municipal uses and purposes; and provide for the furnishing of
1093 such water and water service upon terms and conditions and at
1094 rates which will apportion to parties and nonparties an
1095 equitable share of the capital cost and operating expense of the
1096 authority’s work to the purchaser.
1097 (c) Collect, treat, and recover wastewater.
1098 (d) Not engage in local distribution.
1099 (e) Exercise the power of eminent domain in the manner
1100 provided by law for the condemnation of private property for
1101 public use to acquire title to such interest in real property as
1102 is necessary to the exercise of the powers herein granted,
1103 except water and water rights already devoted to reasonable and
1104 beneficial use or any water production or transmission
1105 facilities owned by any county or municipality.
1106 (f) Issue revenue bonds in the manner prescribed by the
1107 Revenue Bond Act of 1953, as amended, part I, chapter 159, to be
1108 payable solely from funds derived from the sale of water by the
1109 authority to any county or municipality. Such bonds may be
1110 additionally secured by the full faith and credit of any county
1111 or municipality, as provided by s. 159.16 or by a pledge of
1112 excise taxes, as provided by s. 159.19. For the purpose of
1113 issuing revenue bonds, an authority shall be considered a “unit”
1114 as defined in s. 159.02(2) and as that term is used in the
1115 Revenue Bond Act of 1953, as amended. Such bonds may be issued
1116 to finance the cost of acquiring properties and facilities for
1117 the production and transmission of water by the authority to any
1118 county or municipality, which cost shall include the acquisition
1119 of real property and easements therein for such purposes. Such
1120 bonds may be in the form of refunding bonds to take up any
1121 outstanding bonds of the authority or of any county or
1122 municipality where such outstanding bonds are secured by
1123 properties and facilities for production and transmission of
1124 water, which properties and facilities are being acquired by the
1125 authority. Refunding bonds may be issued to take up and refund
1126 all outstanding bonds of said authority that are subject to call
1127 and termination, and all bonds of said authority that are not
1128 subject to call or redemption, when the surrender of said bonds
1129 can be procured from the holder thereof at prices satisfactory
1130 to the authority. Such refunding bonds may be issued at any time
1131 when, in the judgment of the authority, it will be to the best
1132 interest of the authority financially or economically by
1133 securing a lower rate of interest on said bonds or by extending
1134 the time of maturity of said bonds or, for any other reason, in
1135 the judgment of the authority, advantageous to said authority.
1136 (g) Sue and be sued in its own name.
1137 (h) Borrow money and incur indebtedness and issue bonds or
1138 other evidence of such indebtedness.
1139 (i) Join with one or more other public corporations for the
1140 purpose of carrying out any of its powers and for that purpose
1141 to contract with such other public corporation or corporations
1142 for the purpose of financing such acquisitions, construction,
1143 and operations. Such contracts may provide for contributions to
1144 be made by each party thereto, for the division and
1145 apportionment of the expenses of such acquisitions and
1146 operations, and for the division and apportionment of the
1147 benefits, services, and products therefrom. Such contract may
1148 contain such other and further covenants and agreements as may
1149 be necessary and convenient to accomplish the purposes hereof.
1150 (3) A regional water supply authority is authorized to
1151 develop, construct, operate, maintain, or contract for
1152 alternative sources of potable water, including desalinated
1153 water, and pipelines to interconnect authority sources and
1154 facilities, either by itself or jointly with a water management
1155 district; however, such alternative potable water sources,
1156 facilities, and pipelines may also be privately developed,
1157 constructed, owned, operated, and maintained, in which event an
1158 authority and a water management district are authorized to
1159 pledge and contribute their funds to reduce the wholesale cost
1160 of water from such alternative sources of potable water supplied
1161 by an authority to its member governments.
1162 (4) When it is found to be in the public interest, for the
1163 public convenience and welfare, for a public benefit, and
1164 necessary for carrying out the purpose of any regional water
1165 supply authority, any state agency, county, water control
1166 district existing pursuant to chapter 298, water management
1167 district existing pursuant to this chapter, municipality,
1168 governmental agency, or public corporation in this state holding
1169 title to any interest in land is hereby authorized, in its
1170 discretion, to convey the title to or dedicate land, title to
1171 which is in such entity, including tax-reverted land, or to
1172 grant use-rights therein, to any regional water supply authority
1173 created pursuant to this section. Land granted or conveyed to
1174 such authority shall be for the public purposes of such
1175 authority and may be made subject to the condition that in the
1176 event said land is not so used, or if used and subsequently its
1177 use for said purpose is abandoned, the interest granted shall
1178 cease as to such authority and shall automatically revert to the
1179 granting entity.
1180 (5) Each county, special district, or municipality that is
1181 a party to an agreement pursuant to subsection (1) shall have a
1182 preferential right to purchase water from the regional water
1183 supply authority for use by such county, special district, or
1184 municipality.
1185 (6) In carrying out the provisions of this section, any
1186 county wherein water is withdrawn by the authority shall not be
1187 deprived, directly or indirectly, of the prior right to the
1188 reasonable and beneficial use of water which is required
1189 adequately to supply the reasonable and beneficial needs of the
1190 county or any of the inhabitants or property owners therein.
1191 (7) Upon a resolution adopted by the governing body of any
1192 county or municipality, the authority may, subject to a majority
1193 vote of its voting members, include such county or municipality
1194 in its regional water supply authority upon such terms and
1195 conditions as may be prescribed.
1196 (8) The authority shall design, construct, operate, and
1197 maintain facilities in the locations and at the times necessary
1198 to ensure that an adequate water supply will be available to all
1199 citizens within the authority.
1200 (9) Where a water supply authority exists pursuant to this
1201 section or s. 373.715 under a voluntary interlocal agreement
1202 that is consistent with requirements in s. 373.715(1)(b) and
1203 receives or maintains consumptive use permits under this
1204 voluntary agreement consistent with the water supply plan, if
1205 any, adopted by the governing board, such authority shall be
1206 exempt from consideration by the governing board or department
1207 of the factors specified in s. 373.223(3)(a)-(g) and the
1208 submissions required by s. 373.229(3). Such exemptions shall
1209 apply only to water sources within the jurisdictional areas of
1210 such voluntary water supply interlocal agreements.
1211 373.715 Assistance to West Coast Regional Water Supply
1212 Authority.—
1213 (1) It is the intent of the Legislature to authorize the
1214 implementation of changes in governance recommended by the West
1215 Coast Regional Water Supply Authority in its reports to the
1216 Legislature dated February 1, 1997, and January 5, 1998. The
1217 authority and its member governments may reconstitute the
1218 authority’s governance and rename the authority under a
1219 voluntary interlocal agreement with a term of not less than 20
1220 years. The interlocal agreement must comply with this subsection
1221 as follows:
1222 (a) The authority and its member governments agree that
1223 cooperative efforts are mandatory to meet their water needs in a
1224 manner that will provide adequate and dependable supplies of
1225 water where needed without resulting in adverse environmental
1226 effects upon the areas from which the water is withdrawn or
1227 otherwise produced.
1228 (b) In accordance with s. 4, Art. VIII of the State
1229 Constitution and notwithstanding s. 163.01, the interlocal
1230 agreement may include the following terms, which are considered
1231 approved by the parties without a vote of their electors, upon
1232 execution of the interlocal agreement by all member governments
1233 and upon satisfaction of all conditions precedent in the
1234 interlocal agreement:
1235 1. All member governments shall relinquish to the authority
1236 their individual rights to develop potable water supply sources,
1237 except as otherwise provided in the interlocal agreement;
1238 2. The authority shall be the sole and exclusive wholesale
1239 potable water supplier for all member governments; and
1240 3. The authority shall have the absolute and unequivocal
1241 obligation to meet the wholesale needs of the member governments
1242 for potable water.
1243 4. A member government may not restrict or prohibit the use
1244 of land within a member’s jurisdictional boundaries by the
1245 authority for water supply purposes through use of zoning, land
1246 use, comprehensive planning, or other form of regulation.
1247 5. A member government may not impose any tax, fee, or
1248 charge upon the authority in conjunction with the production or
1249 supply of water not otherwise provided for in the interlocal
1250 agreement.
1251 6. The authority may use the powers provided in part II of
1252 chapter 159 for financing and refinancing water treatment,
1253 production, or transmission facilities, including, but not
1254 limited to, desalinization facilities. All such water treatment,
1255 production, or transmission facilities are considered a
1256 “manufacturing plant” for purposes of s. 159.27(5) and serve a
1257 paramount public purpose by providing water to citizens of the
1258 state.
1259 7. A member government and any governmental or quasi
1260 judicial board or commission established by local ordinance or
1261 general or special law where the governing membership of such
1262 board or commission is shared, in whole or in part, or appointed
1263 by a member government agreeing to be bound by the interlocal
1264 agreement shall be limited to the procedures set forth therein
1265 regarding actions that directly or indirectly restrict or
1266 prohibit the use of lands or other activities related to the
1267 production or supply of water.
1268 (c) The authority shall acquire full or lesser interests in
1269 all regionally significant member government wholesale water
1270 supply facilities and tangible assets and each member government
1271 shall convey such interests in the facilities and assets to the
1272 authority, at an agreed value.
1273 (d) The authority shall charge a uniform per gallon
1274 wholesale rate to member governments for the wholesale supply of
1275 potable water. All capital, operation, maintenance, and
1276 administrative costs for existing facilities and acquired
1277 facilities, authority master water plan facilities, and other
1278 future projects must be allocated to member governments based on
1279 water usage at the uniform per gallon wholesale rate.
1280 (e) The interlocal agreement may include procedures for
1281 resolving the parties’ differences regarding water management
1282 district proposed agency action in the water use permitting
1283 process within the authority. Such procedures should minimize
1284 the potential for litigation and include alternative dispute
1285 resolution. Any governmental or quasi-judicial board or
1286 commission established by local ordinance or general or special
1287 law where the governing members of such board or commission is
1288 shared, in whole or in part, or appointed by a member
1289 government, may agree to be bound by the dispute resolution
1290 procedures set forth in the interlocal agreement.
1291 (f) Upon execution of the voluntary interlocal agreement
1292 provided for herein, the authority shall jointly develop with
1293 the Southwest Florida Water Management District alternative
1294 sources of potable water and transmission pipelines to
1295 interconnect regionally significant water supply sources and
1296 facilities of the authority in amounts sufficient to meet the
1297 needs of all member governments for a period of at least 20
1298 years and for natural systems. Nothing herein, however, shall
1299 preclude the authority and its member governments from
1300 developing traditional water sources pursuant to the voluntary
1301 interlocal agreement. Development and construction costs for
1302 alternative source facilities, which may include a desalination
1303 facility and significant regional interconnects, must be borne
1304 as mutually agreed to by both the authority and the Southwest
1305 Florida Water Management District. Nothing herein shall preclude
1306 authority or district cost sharing with private entities for the
1307 construction or ownership of alternative source facilities. By
1308 December 31, 1997, the authority and the Southwest Florida Water
1309 Management District shall enter into a mutually acceptable
1310 agreement detailing the development and implementation of
1311 directives contained in this paragraph. Nothing in this section
1312 shall be construed to modify the rights or responsibilities of
1313 the authority or its member governments, except as otherwise
1314 provided herein, or of the Southwest Florida Water Management
1315 District or the department pursuant to this chapter or chapter
1316 403 and as otherwise set forth by statutes.
1317 (g) Unless otherwise provided in the interlocal agreement,
1318 the authority shall be governed by a board of commissioners
1319 consisting of nine voting members, all of whom must be elected
1320 officers, as follows:
1321 1. Three members from Hillsborough County who must be
1322 selected by the county commission; provided, however, that one
1323 member shall be selected by the Mayor of Tampa in the event that
1324 the City of Tampa elects to be a member of the authority;
1325 2. Three members from Pasco County, two of whom must be
1326 selected by the county commission and one of whom must be
1327 selected by the City Council of New Port Richey; and
1328 3. Three members from Pinellas County, two of whom must be
1329 selected by the county commission and one of whom must be
1330 selected by the City Council of St. Petersburg.
1331
1332 Except as otherwise provided in this section or in the voluntary
1333 interlocal agreement between the member governments, a majority
1334 vote shall bind the authority and its member governments in all
1335 matters relating to the funding of wholesale water supply,
1336 production, delivery, and related activities.
1337 (2) The provisions of this section supersede any
1338 conflicting provisions contained in all other general or special
1339 laws or provisions thereof as they may apply directly or
1340 indirectly to the exclusivity of water supply or withdrawal of
1341 water, including provisions relating to the environmental
1342 effects, if any, in conjunction with the production and supply
1343 of potable water, and the provisions of this section are
1344 intended to be a complete revision of all laws related to a
1345 regional water supply authority created under s. 373.713 and
1346 this section.
1347 (3) In lieu of the provisions in s. 373.713(2)(a), the
1348 Southwest Florida Water Management District shall assist the
1349 West Coast Regional Water Supply Authority for a period of 5
1350 years, terminating December 31, 1981, by levying an ad valorem
1351 tax, upon request of the authority, of not more than 0.05 mill
1352 on all taxable property within the limits of the authority.
1353 During such period the corresponding basin board ad valorem tax
1354 levies shall be reduced accordingly.
1355 (4) The authority shall prepare its annual budget in the
1356 same manner as prescribed for the preparation of basin budgets,
1357 but such authority budget shall not be subject to review by the
1358 respective basin boards or by the governing board of the
1359 district.
1360 (5) The annual millage for the authority shall be the
1361 amount required to raise the amount called for by the annual
1362 budget when applied to the total assessment on all taxable
1363 property within the limits of the authority, as determined for
1364 county taxing purposes.
1365 (6) The authority may, by resolution, request the governing
1366 board of the district to levy ad valorem taxes within the
1367 boundaries of the authority. Upon receipt of such request,
1368 together with formal certification of the adoption of its annual
1369 budget and of the required tax levy, the authority tax levy
1370 shall be made by the governing board of the district to finance
1371 authority functions.
1372 (7) The taxes provided for in this section shall be
1373 extended by the property appraiser on the county tax roll in
1374 each county within, or partly within, the authority boundaries
1375 and shall be collected by the tax collector in the same manner
1376 and time as county taxes, and the proceeds therefrom paid to the
1377 district which shall forthwith pay them over to the authority.
1378 Until paid, such taxes shall be a lien on the property against
1379 which assessed and enforceable in like manner as county taxes.
1380 The property appraisers, tax collectors, and clerks of the
1381 circuit court of the respective counties shall be entitled to
1382 compensation for services performed in connection with such
1383 taxes at the same rates as apply to county taxes.
1384 (8) The governing board of the district shall not be
1385 responsible for any actions or lack of actions by the authority.
1386 Section 2. Subsection (13) of section 120.52, Florida
1387 Statutes, is amended to read:
1388 120.52 Definitions.—As used in this act:
1389 (13) “Party” means:
1390 (a) Specifically named persons whose substantial interests
1391 are being determined in the proceeding.
1392 (b) Any other person who, as a matter of constitutional
1393 right, provision of statute, or provision of agency regulation,
1394 is entitled to participate in whole or in part in the
1395 proceeding, or whose substantial interests will be affected by
1396 proposed agency action, and who makes an appearance as a party.
1397 (c) Any other person, including an agency staff member,
1398 allowed by the agency to intervene or participate in the
1399 proceeding as a party. An agency may by rule authorize limited
1400 forms of participation in agency proceedings for persons who are
1401 not eligible to become parties.
1402 (d) Any county representative, agency, department, or unit
1403 funded and authorized by state statute or county ordinance to
1404 represent the interests of the consumers of a county, when the
1405 proceeding involves the substantial interests of a significant
1406 number of residents of the county and the board of county
1407 commissioners has, by resolution, authorized the representative,
1408 agency, department, or unit to represent the class of interested
1409 persons. The authorizing resolution shall apply to a specific
1410 proceeding and to appeals and ancillary proceedings thereto, and
1411 it shall not be required to state the names of the persons whose
1412 interests are to be represented.
1413
1414 The term “party” does not include a member government of a
1415 regional water supply authority or a governmental or quasi
1416 judicial board or commission established by local ordinance or
1417 special or general law where the governing membership of such
1418 board or commission is shared with, in whole or in part, or
1419 appointed by a member government of a regional water supply
1420 authority in proceedings under s. 120.569, s. 120.57, or s.
1421 120.68, to the extent that an interlocal agreement under ss.
1422 163.01 and 373.713 373.1962 exists in which the member
1423 government has agreed that its substantial interests are not
1424 affected by the proceedings or that it is to be bound by
1425 alternative dispute resolution in lieu of participating in the
1426 proceedings. This exclusion applies only to those particular
1427 types of disputes or controversies, if any, identified in an
1428 interlocal agreement.
1429 Section 3. Subsection (13) of section 163.3167, Florida
1430 Statutes, is amended to read:
1431 163.3167 Scope of act.—
1432 (13) Each local government shall address in its
1433 comprehensive plan, as enumerated in this chapter, the water
1434 supply sources necessary to meet and achieve the existing and
1435 projected water use demand for the established planning period,
1436 considering the applicable plan developed pursuant to s. 373.709
1437 373.0361.
1438 Section 4. Paragraph (a) of subsection (4) and paragraphs
1439 (c), (d), and (h) of subsection (6) of section 163.3177, Florida
1440 Statutes, are amended to read:
1441 163.3177 Required and optional elements of comprehensive
1442 plan; studies and surveys.—
1443 (4)(a) Coordination of the local comprehensive plan with
1444 the comprehensive plans of adjacent municipalities, the county,
1445 adjacent counties, or the region; with the appropriate water
1446 management district’s regional water supply plans approved
1447 pursuant to s. 373.709 373.0361; with adopted rules pertaining
1448 to designated areas of critical state concern; and with the
1449 state comprehensive plan shall be a major objective of the local
1450 comprehensive planning process. To that end, in the preparation
1451 of a comprehensive plan or element thereof, and in the
1452 comprehensive plan or element as adopted, the governing body
1453 shall include a specific policy statement indicating the
1454 relationship of the proposed development of the area to the
1455 comprehensive plans of adjacent municipalities, the county,
1456 adjacent counties, or the region and to the state comprehensive
1457 plan, as the case may require and as such adopted plans or plans
1458 in preparation may exist.
1459 (6) In addition to the requirements of subsections (1)-(5)
1460 and (12), the comprehensive plan shall include the following
1461 elements:
1462 (c) A general sanitary sewer, solid waste, drainage,
1463 potable water, and natural groundwater aquifer recharge element
1464 correlated to principles and guidelines for future land use,
1465 indicating ways to provide for future potable water, drainage,
1466 sanitary sewer, solid waste, and aquifer recharge protection
1467 requirements for the area. The element may be a detailed
1468 engineering plan including a topographic map depicting areas of
1469 prime groundwater recharge. The element shall describe the
1470 problems and needs and the general facilities that will be
1471 required for solution of the problems and needs. The element
1472 shall also include a topographic map depicting any areas adopted
1473 by a regional water management district as prime groundwater
1474 recharge areas for the Floridan or Biscayne aquifers. These
1475 areas shall be given special consideration when the local
1476 government is engaged in zoning or considering future land use
1477 for said designated areas. For areas served by septic tanks,
1478 soil surveys shall be provided which indicate the suitability of
1479 soils for septic tanks. Within 18 months after the governing
1480 board approves an updated regional water supply plan, the
1481 element must incorporate the alternative water supply project or
1482 projects selected by the local government from those identified
1483 in the regional water supply plan pursuant to s. 373.709(2)(a)
1484 373.0361(2)(a) or proposed by the local government under s.
1485 373.709(8)(b) 373.0361(8)(b). If a local government is located
1486 within two water management districts, the local government
1487 shall adopt its comprehensive plan amendment within 18 months
1488 after the later updated regional water supply plan. The element
1489 must identify such alternative water supply projects and
1490 traditional water supply projects and conservation and reuse
1491 necessary to meet the water needs identified in s. 373.709(2)(a)
1492 373.0361(2)(a) within the local government’s jurisdiction and
1493 include a work plan, covering at least a 10 year planning
1494 period, for building public, private, and regional water supply
1495 facilities, including development of alternative water supplies,
1496 which are identified in the element as necessary to serve
1497 existing and new development. The work plan shall be updated, at
1498 a minimum, every 5 years within 18 months after the governing
1499 board of a water management district approves an updated
1500 regional water supply plan. Amendments to incorporate the work
1501 plan do not count toward the limitation on the frequency of
1502 adoption of amendments to the comprehensive plan. Local
1503 governments, public and private utilities, regional water supply
1504 authorities, special districts, and water management districts
1505 are encouraged to cooperatively plan for the development of
1506 multijurisdictional water supply facilities that are sufficient
1507 to meet projected demands for established planning periods,
1508 including the development of alternative water sources to
1509 supplement traditional sources of groundwater and surface water
1510 supplies.
1511 (d) A conservation element for the conservation, use, and
1512 protection of natural resources in the area, including air,
1513 water, water recharge areas, wetlands, waterwells, estuarine
1514 marshes, soils, beaches, shores, flood plains, rivers, bays,
1515 lakes, harbors, forests, fisheries and wildlife, marine habitat,
1516 minerals, and other natural and environmental resources,
1517 including factors that affect energy conservation. Local
1518 governments shall assess their current, as well as projected,
1519 water needs and sources for at least a 10-year period,
1520 considering the appropriate regional water supply plan approved
1521 pursuant to s. 373.709 373.0361, or, in the absence of an
1522 approved regional water supply plan, the district water
1523 management plan approved pursuant to s. 373.036(2). This
1524 information shall be submitted to the appropriate agencies. The
1525 land use map or map series contained in the future land use
1526 element shall generally identify and depict the following:
1527 1. Existing and planned waterwells and cones of influence
1528 where applicable.
1529 2. Beaches and shores, including estuarine systems.
1530 3. Rivers, bays, lakes, flood plains, and harbors.
1531 4. Wetlands.
1532 5. Minerals and soils.
1533 6. Energy conservation.
1534
1535 The land uses identified on such maps shall be consistent with
1536 applicable state law and rules.
1537 (h)1. An intergovernmental coordination element showing
1538 relationships and stating principles and guidelines to be used
1539 in the accomplishment of coordination of the adopted
1540 comprehensive plan with the plans of school boards, regional
1541 water supply authorities, and other units of local government
1542 providing services but not having regulatory authority over the
1543 use of land, with the comprehensive plans of adjacent
1544 municipalities, the county, adjacent counties, or the region,
1545 with the state comprehensive plan and with the applicable
1546 regional water supply plan approved pursuant to s. 373.709
1547 373.0361, as the case may require and as such adopted plans or
1548 plans in preparation may exist. This element of the local
1549 comprehensive plan shall demonstrate consideration of the
1550 particular effects of the local plan, when adopted, upon the
1551 development of adjacent municipalities, the county, adjacent
1552 counties, or the region, or upon the state comprehensive plan,
1553 as the case may require.
1554 a. The intergovernmental coordination element shall provide
1555 procedures to identify and implement joint planning areas,
1556 especially for the purpose of annexation, municipal
1557 incorporation, and joint infrastructure service areas.
1558 b. The intergovernmental coordination element shall provide
1559 for recognition of campus master plans prepared pursuant to s.
1560 1013.30 and airport master plans under paragraph(k).
1561 c. The intergovernmental coordination element shall provide
1562 for a dispute resolution process as established pursuant to s.
1563 186.509 for bringing to closure in a timely manner
1564 intergovernmental disputes.
1565 d. The intergovernmental coordination element shall provide
1566 for interlocal agreements as established pursuant to s.
1567 333.03(1)(b).
1568 2. The intergovernmental coordination element shall further
1569 state principles and guidelines to be used in the accomplishment
1570 of coordination of the adopted comprehensive plan with the plans
1571 of school boards and other units of local government providing
1572 facilities and services but not having regulatory authority over
1573 the use of land. In addition, the intergovernmental coordination
1574 element shall describe joint processes for collaborative
1575 planning and decisionmaking on population projections and public
1576 school siting, the location and extension of public facilities
1577 subject to concurrency, and siting facilities with countywide
1578 significance, including locally unwanted land uses whose nature
1579 and identity are established in an agreement. Within 1 year of
1580 adopting their intergovernmental coordination elements, each
1581 county, all the municipalities within that county, the district
1582 school board, and any unit of local government service providers
1583 in that county shall establish by interlocal or other formal
1584 agreement executed by all affected entities, the joint processes
1585 described in this subparagraph consistent with their adopted
1586 intergovernmental coordination elements.
1587 3. To foster coordination between special districts and
1588 local general-purpose governments as local general-purpose
1589 governments implement local comprehensive plans, each
1590 independent special district must submit a public facilities
1591 report to the appropriate local government as required by s.
1592 189.415.
1593 4.a. Local governments shall execute an interlocal
1594 agreement with the district school board, the county, and
1595 nonexempt municipalities pursuant to s. 163.31777. The local
1596 government shall amend the intergovernmental coordination
1597 element to provide that coordination between the local
1598 government and school board is pursuant to the agreement and
1599 shall state the obligations of the local government under the
1600 agreement.
1601 b. Plan amendments that comply with this subparagraph are
1602 exempt from the provisions of s. 163.3187(1).
1603 5. The state land planning agency shall establish a
1604 schedule for phased completion and transmittal of plan
1605 amendments to implement subparagraphs 1., 2., and 3. from all
1606 jurisdictions so as to accomplish their adoption by December 31,
1607 1999. A local government may complete and transmit its plan
1608 amendments to carry out these provisions prior to the scheduled
1609 date established by the state land planning agency. The plan
1610 amendments are exempt from the provisions of s. 163.3187(1).
1611 6. By January 1, 2004, any county having a population
1612 greater than 100,000, and the municipalities and special
1613 districts within that county, shall submit a report to the
1614 Department of Community Affairs which:
1615 a. Identifies all existing or proposed interlocal service
1616 delivery agreements regarding the following: education; sanitary
1617 sewer; public safety; solid waste; drainage; potable water;
1618 parks and recreation; and transportation facilities.
1619 b. Identifies any deficits or duplication in the provision
1620 of services within its jurisdiction, whether capital or
1621 operational. Upon request, the Department of Community Affairs
1622 shall provide technical assistance to the local governments in
1623 identifying deficits or duplication.
1624 7. Within 6 months after submission of the report, the
1625 Department of Community Affairs shall, through the appropriate
1626 regional planning council, coordinate a meeting of all local
1627 governments within the regional planning area to discuss the
1628 reports and potential strategies to remedy any identified
1629 deficiencies or duplications.
1630 8. Each local government shall update its intergovernmental
1631 coordination element based upon the findings in the report
1632 submitted pursuant to subparagraph 6. The report may be used as
1633 supporting data and analysis for the intergovernmental
1634 coordination element.
1635 Section 5. Paragraph (l) of subsection (2) of section
1636 163.3191, Florida Statutes, is amended to read:
1637 163.3191 Evaluation and appraisal of comprehensive plan.—
1638 (2) The report shall present an evaluation and assessment
1639 of the comprehensive plan and shall contain appropriate
1640 statements to update the comprehensive plan, including, but not
1641 limited to, words, maps, illustrations, or other media, related
1642 to:
1643 (l) The extent to which the local government has been
1644 successful in identifying alternative water supply projects and
1645 traditional water supply projects, including conservation and
1646 reuse, necessary to meet the water needs identified in s.
1647 373.709(2)(a) 373.0361(2)(a) within the local government’s
1648 jurisdiction. The report must evaluate the degree to which the
1649 local government has implemented the work plan for building
1650 public, private, and regional water supply facilities, including
1651 development of alternative water supplies, identified in the
1652 element as necessary to serve existing and new development.
1653 Section 6. Paragraphs (c) and (d) of subsection (4) of
1654 section 189.404, Florida Statutes, are amended to read:
1655 189.404 Legislative intent for the creation of independent
1656 special districts; special act prohibitions; model elements and
1657 other requirements; general-purpose local government/Governor
1658 and Cabinet creation authorizations.—
1659 (4) LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION
1660 AUTHORIZATIONS.—Except as otherwise authorized by general law,
1661 only the Legislature may create independent special districts.
1662 (c) The Governor and Cabinet may create an independent
1663 special district which shall be established by rule in
1664 accordance with s. 190.005 or as otherwise authorized in general
1665 law. The Governor and Cabinet may also approve the establishment
1666 of a charter for the creation of an independent special district
1667 which shall be in accordance with s. 373.713 373.1962, or as
1668 otherwise authorized in general law.
1669 (d)1. Any combination of two or more counties may create a
1670 regional special district which shall be established in
1671 accordance with s. 950.001, or as otherwise authorized in
1672 general law.
1673 2. Any combination of two or more counties or
1674 municipalities may create a regional special district which
1675 shall be established in accordance with s. 373.713 373.1962, or
1676 as otherwise authorized by general law.
1677 3. Any combination of two or more counties, municipalities,
1678 or other political subdivisions may create a regional special
1679 district in accordance with s. 163.567, or as otherwise
1680 authorized in general law.
1681 Section 7. Subsection (3) of section 189.4155, Florida
1682 Statutes, is amended to read:
1683 189.4155 Activities of special districts; local government
1684 comprehensive planning.—
1685 (3) The provisions of this section shall not apply to water
1686 management districts created pursuant to s. 373.069, to regional
1687 water supply authorities created pursuant to s. 373.713
1688 373.1962, or to spoil disposal sites owned or used by the
1689 Federal Government.
1690 Section 8. Section 189.4156, Florida Statutes, is amended
1691 to read:
1692 189.4156 Water management district technical assistance;
1693 local government comprehensive planning.—Water management
1694 districts shall assist local governments in the development of
1695 local government comprehensive plan elements related to water
1696 resource issues as required by s. 373.711 373.0391.
1697 Section 9. Subsection (7) of section 367.021, Florida
1698 Statutes, is amended to read:
1699 367.021 Definitions.—As used in this chapter, the following
1700 words or terms shall have the meanings indicated:
1701 (7) “Governmental authority” means a political subdivision,
1702 as defined by s. 1.01(8), a regional water supply authority
1703 created pursuant to s. 373.713 373.1962, or a nonprofit
1704 corporation formed for the purpose of acting on behalf of a
1705 political subdivision with respect to a water or wastewater
1706 facility.
1707 Section 10. Subsections (1) and (17) of section 373.019,
1708 Florida Statutes, are amended to read:
1709 373.019 Definitions.—When appearing in this chapter or in
1710 any rule, regulation, or order adopted pursuant thereto, the
1711 term:
1712 (1) “Alternative water supplies” means salt water; brackish
1713 surface and groundwater; surface water captured predominately
1714 during wet-weather flows; sources made available through the
1715 addition of new storage capacity for surface or groundwater,
1716 water that has been reclaimed after one or more public supply,
1717 municipal, industrial, commercial, or agricultural uses; the
1718 downstream augmentation of water bodies with reclaimed water;
1719 stormwater; and any other water supply source that is designated
1720 as nontraditional for a water supply planning region in the
1721 applicable regional water supply plan.
1722 (17) “Regional water supply plan” means a detailed water
1723 supply plan developed by a governing board under s. 373.709 s.
1724 373.0361.
1725 Section 11. Paragraph (b) of subsection (2) and paragraph
1726 (b) of subsection (7) of section 373.036, Florida Statutes, are
1727 amended to read:
1728 373.036 Florida water plan; district water management
1729 plans.—
1730 (2) DISTRICT WATER MANAGEMENT PLANS.—
1731 (b) The district water management plan shall include, but
1732 not be limited to:
1733 1. The scientific methodologies for establishing minimum
1734 flows and levels under s. 373.042, and all established minimum
1735 flows and levels.
1736 2. Identification of one or more water supply planning
1737 regions that singly or together encompass the entire district.
1738 3. Technical data and information prepared under s. 373.711
1739 373.0391.
1740 4. A districtwide water supply assessment, to be completed
1741 no later than July 1, 1998, which determines for each water
1742 supply planning region:
1743 a. Existing legal uses, reasonably anticipated future
1744 needs, and existing and reasonably anticipated sources of water
1745 and conservation efforts; and
1746 b. Whether existing and reasonably anticipated sources of
1747 water and conservation efforts are adequate to supply water for
1748 all existing legal uses and reasonably anticipated future needs
1749 and to sustain the water resources and related natural systems.
1750 5. Any completed regional water supply plans.
1751 (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.—
1752 (b) The consolidated annual report shall contain the
1753 following elements, as appropriate to that water management
1754 district:
1755 1. A district water management plan annual report or the
1756 annual work plan report allowed in subparagraph (2)(e)4.
1757 2. The department-approved minimum flows and levels annual
1758 priority list and schedule required by s. 373.042(2).
1759 3. The annual 5-year capital improvements plan required by
1760 s. 373.536(6)(a)3.
1761 4. The alternative water supplies annual report required by
1762 s. 373.707(8)(n) 373.1961(3)(n).
1763 5. The final annual 5-year water resource development work
1764 program required by s. 373.536(6)(a)4.
1765 6. The Florida Forever Water Management District Work Plan
1766 annual report required by s. 373.199(7).
1767 7. The mitigation donation annual report required by s.
1768 373.414(1)(b)2.
1769 Section 12. Paragraphs (a) and (e) of subsection (4) of
1770 section 373.0363, Florida Statutes, are amended to read:
1771 373.0363 Southern Water Use Caution Area Recovery
1772 Strategy.—
1773 (4) The West-Central Florida Water Restoration Action Plan
1774 includes:
1775 (a) The Central West Coast Surface Water Enhancement
1776 Initiative. The purpose of this initiative is to make additional
1777 surface waters available for public supply through restoration
1778 of surface waters, natural water flows, and freshwater wetland
1779 communities. This initiative is designed to allow limits on
1780 groundwater withdrawals in order to slow the rate of saltwater
1781 intrusion. The initiative shall be an ongoing program in
1782 cooperation with the Peace River-Manasota Regional Water Supply
1783 Authority created under s. 373.713 373.1962.
1784 (e) The Central Florida Water Resource Development
1785 Initiative. The purpose of this initiative is to create and
1786 implement a long-term plan that takes a comprehensive approach
1787 to limit ground water withdrawals in the Southern Water Use
1788 Caution Area and to identify and develop alternative water
1789 supplies for Polk County. The project components developed
1790 pursuant to this initiative are eligible for state and regional
1791 funding under s. 373.707 373.196 as an alternative water supply,
1792 as defined in s. 373.019, or as a supplemental water supply
1793 under the rules of the Southwest Florida Water Management
1794 District or the South Florida Water Management District. The
1795 initiative shall be implemented by the district as an ongoing
1796 program in cooperation with Polk County and the South Florida
1797 Water Management District.
1798 Section 13. Subsection (2) of section 373.0421, Florida
1799 Statutes, is amended to read:
1800 373.0421 Establishment and implementation of minimum flows
1801 and levels.—
1802 (2) If the existing flow or level in a water body is below,
1803 or is projected to fall within 20 years below, the applicable
1804 minimum flow or level established pursuant to s. 373.042, the
1805 department or governing board, as part of the regional water
1806 supply plan described in s. 373.709 373.0361, shall
1807 expeditiously implement a recovery or prevention strategy, which
1808 includes the development of additional water supplies and other
1809 actions, consistent with the authority granted by this chapter,
1810 to:
1811 (a) Achieve recovery to the established minimum flow or
1812 level as soon as practicable; or
1813 (b) Prevent the existing flow or level from falling below
1814 the established minimum flow or level.
1815
1816 The recovery or prevention strategy shall include phasing or a
1817 timetable which will allow for the provision of sufficient water
1818 supplies for all existing and projected reasonable-beneficial
1819 uses, including development of additional water supplies and
1820 implementation of conservation and other efficiency measures
1821 concurrent with, to the extent practical, and to offset,
1822 reductions in permitted withdrawals, consistent with the
1823 provisions of this chapter.
1824 Section 14. Subsection (4) of section 373.0695, Florida
1825 Statutes, is amended to read:
1826 373.0695 Duties of basin boards; authorized expenditures.—
1827 (4) In the exercise of the duties and powers granted
1828 herein, the basin boards shall be subject to all the limitations
1829 and restrictions imposed on the water management districts in s.
1830 373.703 373.1961.
1831 Section 15. Subsections (3) and (5) of section 373.223,
1832 Florida Statutes, are amended to read:
1833 373.223 Conditions for a permit.—
1834 (3) Except for the transport and use of water supplied by
1835 the Central and Southern Florida Flood Control Project, and
1836 anywhere in the state when the transport and use of water is
1837 supplied exclusively for bottled water as defined in s.
1838 500.03(1)(d), any water use permit applications pending as of
1839 April 1, 1998, with the Northwest Florida Water Management
1840 District and self-suppliers of water for which the proposed
1841 water source and area of use or application are located on
1842 contiguous private properties, when evaluating whether a
1843 potential transport and use of ground or surface water across
1844 county boundaries is consistent with the public interest,
1845 pursuant to paragraph (1)(c), the governing board or department
1846 shall consider:
1847 (a) The proximity of the proposed water source to the area
1848 of use or application.
1849 (b) All impoundments, streams, groundwater sources, or
1850 watercourses that are geographically closer to the area of use
1851 or application than the proposed source, and that are
1852 technically and economically feasible for the proposed transport
1853 and use.
1854 (c) All economically and technically feasible alternatives
1855 to the proposed source, including, but not limited to,
1856 desalination, conservation, reuse of nonpotable reclaimed water
1857 and stormwater, and aquifer storage and recovery.
1858 (d) The potential environmental impacts that may result
1859 from the transport and use of water from the proposed source,
1860 and the potential environmental impacts that may result from use
1861 of the other water sources identified in paragraphs (b) and (c).
1862 (e) Whether existing and reasonably anticipated sources of
1863 water and conservation efforts are adequate to supply water for
1864 existing legal uses and reasonably anticipated future needs of
1865 the water supply planning region in which the proposed water
1866 source is located.
1867 (f) Consultations with local governments affected by the
1868 proposed transport and use.
1869 (g) The value of the existing capital investment in water
1870 related infrastructure made by the applicant.
1871
1872 Where districtwide water supply assessments and regional water
1873 supply plans have been prepared pursuant to ss. 373.036 and
1874 373.709 373.0361, the governing board or the department shall
1875 use the applicable plans and assessments as the basis for its
1876 consideration of the applicable factors in this subsection.
1877 (5) In evaluating an application for consumptive use of
1878 water which proposes the use of an alternative water supply
1879 project as described in the regional water supply plan and
1880 provides reasonable assurances of the applicant’s capability to
1881 design, construct, operate, and maintain the project, the
1882 governing board or department shall presume that the alternative
1883 water supply use is consistent with the public interest under
1884 paragraph (1)(c). However, where the governing board identifies
1885 the need for a multijurisdictional water supply entity or
1886 regional water supply authority to develop the alternative water
1887 supply project pursuant to s. 373.709(2)(a)2. 373.0361(2)(a)2.,
1888 the presumption shall be accorded only to that use proposed by
1889 such entity or authority. This subsection does not effect
1890 evaluation of the use pursuant to the provisions of paragraphs
1891 (1)(a) and (b), subsections (2) and (3), and ss. 373.2295 and
1892 373.233.
1893 Section 16. Section 373.2234, Florida Statutes, is amended
1894 to read:
1895 373.2234 Preferred water supply sources.—The governing
1896 board of a water management district is authorized to adopt
1897 rules that identify preferred water supply sources for
1898 consumptive uses for which there is sufficient data to establish
1899 that a preferred source will provide a substantial new water
1900 supply to meet the existing and projected reasonable-beneficial
1901 uses of a water supply planning region identified pursuant to s.
1902 373.709(1) 373.0361(1), while sustaining existing water
1903 resources and natural systems. At a minimum, such rules must
1904 contain a description of the preferred water supply source and
1905 an assessment of the water the preferred source is projected to
1906 produce. If an applicant proposes to use a preferred water
1907 supply source, that applicant’s proposed water use is subject to
1908 s. 373.223(1), except that the proposed use of a preferred water
1909 supply source must be considered by a water management district
1910 when determining whether a permit applicant’s proposed use of
1911 water is consistent with the public interest pursuant to s.
1912 373.223(1)(c). A consumptive use permit issued for the use of a
1913 preferred water supply source must be granted, when requested by
1914 the applicant, for at least a 20-year period and may be subject
1915 to the compliance reporting provisions of s. 373.236(4). Nothing
1916 in this section shall be construed to exempt the use of
1917 preferred water supply sources from the provisions of ss.
1918 373.016(4) and 373.223(2) and (3), or be construed to provide
1919 that permits issued for the use of a nonpreferred water supply
1920 source must be issued for a duration of less than 20 years or
1921 that the use of a nonpreferred water supply source is not
1922 consistent with the public interest. Additionally, nothing in
1923 this section shall be interpreted to require the use of a
1924 preferred water supply source or to restrict or prohibit the use
1925 of a nonpreferred water supply source. Rules adopted by the
1926 governing board of a water management district to implement this
1927 section shall specify that the use of a preferred water supply
1928 source is not required and that the use of a nonpreferred water
1929 supply source is not restricted or prohibited.
1930 Section 17. Subsection (3) of section 373.229, Florida
1931 Statutes, is amended to read:
1932 373.229 Application for permit.—
1933 (3) In addition to the information required in subsection
1934 (1), all permit applications filed with the governing board or
1935 the department which propose the transport and use of water
1936 across county boundaries shall include information pertaining to
1937 factors to be considered, pursuant to s. 373.223(3), unless
1938 exempt under s. 373.713(9) 373.1962(9).
1939 Section 18. Paragraph (a) of subsection (6) of section
1940 373.236, Florida Statutes, is amended to read:
1941 373.236 Duration of permits; compliance reports.—
1942 (6)(a) The Legislature finds that the need for alternative
1943 water supply development projects to meet anticipated public
1944 water supply demands of the state is so important that it is
1945 essential to encourage participation in and contribution to
1946 these projects by private-rural-land owners who
1947 characteristically have relatively modest near-term water
1948 demands but substantially increasing demands after the 20-year
1949 planning period in s. 373.709 373.0361. Therefore, where such
1950 landowners make extraordinary contributions of lands or
1951 construction funding to enable the expeditious implementation of
1952 such projects, water management districts and the department may
1953 grant permits for such projects for a period of up to 50 years
1954 to municipalities, counties, special districts, regional water
1955 supply authorities, multijurisdictional water supply entities,
1956 and publicly or privately owned utilities, with the exception of
1957 any publicly or privately owned utilities created for or by a
1958 private landowner after April 1, 2008, which have entered into
1959 an agreement with the private landowner for the purpose of more
1960 efficiently pursuing alternative public water supply development
1961 projects identified in a district’s regional water supply plan
1962 and meeting water demands of both the applicant and the
1963 landowner.
1964 Section 19. Paragraph (a) of subsection (6) of section
1965 373.536, Florida Statutes, is amended to read:
1966 373.536 District budget and hearing thereon.—
1967 (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
1968 WATER RESOURCE DEVELOPMENT WORK PROGRAM.—
1969 (a) Each district must, by the date specified for each
1970 item, furnish copies of the following documents to the Governor,
1971 the President of the Senate, the Speaker of the House of
1972 Representatives, the chairs of all legislative committees and
1973 subcommittees having substantive or fiscal jurisdiction over the
1974 districts, as determined by the President of the Senate or the
1975 Speaker of the House of Representatives as applicable, the
1976 secretary of the department, and the governing board of each
1977 county in which the district has jurisdiction or derives any
1978 funds for the operations of the district:
1979 1. The adopted budget, to be furnished within 10 days after
1980 its adoption.
1981 2. A financial audit of its accounts and records, to be
1982 furnished within 10 days after its acceptance by the governing
1983 board. The audit must be conducted in accordance with the
1984 provisions of s. 11.45 and the rules adopted thereunder. In
1985 addition to the entities named above, the district must provide
1986 a copy of the audit to the Auditor General within 10 days after
1987 its acceptance by the governing board.
1988 3. A 5-year capital improvements plan, to be included in
1989 the consolidated annual report required by s. 373.036(7). The
1990 plan must include expected sources of revenue for planned
1991 improvements and must be prepared in a manner comparable to the
1992 fixed capital outlay format set forth in s. 216.043.
1993 4. A 5-year water resource development work program to be
1994 furnished within 30 days after the adoption of the final budget.
1995 The program must describe the district’s implementation strategy
1996 for the water resource development component of each approved
1997 regional water supply plan developed or revised under s. 373.709
1998 373.0361. The work program must address all the elements of the
1999 water resource development component in the district’s approved
2000 regional water supply plans and must identify which projects in
2001 the work program will provide water, explain how each water
2002 resource development project will produce additional water
2003 available for consumptive uses, estimate the quantity of water
2004 to be produced by each project, and provide an assessment of the
2005 contribution of the district’s regional water supply plans in
2006 providing sufficient water to meet the water supply needs of
2007 existing and future reasonable-beneficial uses for a 1-in-10
2008 year drought event. Within 30 days after its submittal, the
2009 department shall review the proposed work program and submit its
2010 findings, questions, and comments to the district. The review
2011 must include a written evaluation of the program’s consistency
2012 with the furtherance of the district’s approved regional water
2013 supply plans, and the adequacy of proposed expenditures. As part
2014 of the review, the department shall give interested parties the
2015 opportunity to provide written comments on each district’s
2016 proposed work program. Within 45 days after receipt of the
2017 department’s evaluation, the governing board shall state in
2018 writing to the department which changes recommended in the
2019 evaluation it will incorporate into its work program submitted
2020 as part of the March 1 consolidated annual report required by s.
2021 373.036(7) or specify the reasons for not incorporating the
2022 changes. The department shall include the district’s responses
2023 in a final evaluation report and shall submit a copy of the
2024 report to the Governor, the President of the Senate, and the
2025 Speaker of the House of Representatives.
2026 Section 20. Subsection (11) of section 373.59, Florida
2027 Statutes, is amended to read:
2028 373.59 Water Management Lands Trust Fund.—
2029 (11) Notwithstanding any provision of this section to the
2030 contrary, the governing board of a water management district may
2031 request, and the Secretary of Environmental Protection shall
2032 release upon such request, moneys allocated to the districts
2033 pursuant to subsection (8) for purposes consistent with the
2034 provisions of s. 373.709 373.0361, s. 373.705 373.0831, s.
2035 373.139, or ss. 373.451-373.4595 and for legislatively
2036 authorized land acquisition and water restoration initiatives.
2037 No funds may be used pursuant to this subsection until necessary
2038 debt service obligations, requirements for payments in lieu of
2039 taxes, and land management obligations that may be required by
2040 this chapter are provided for.
2041 Section 21. Paragraph (g) of subsection (1) of section
2042 378.212, Florida Statutes, is amended to read:
2043 378.212 Variances.—
2044 (1) Upon application, the secretary may grant a variance
2045 from the provisions of this part or the rules adopted pursuant
2046 thereto. Variances and renewals thereof may be granted for any
2047 one of the following reasons:
2048 (g) To accommodate reclamation that provides water supply
2049 development or water resource development not inconsistent with
2050 the applicable regional water supply plan approved pursuant to
2051 s. 373.709 373.0361, provided adverse impacts are not caused to
2052 the water resources in the basin. A variance may also be granted
2053 from the requirements of part IV of chapter 373, or the rules
2054 adopted thereunder, when a project provides an improvement in
2055 water availability in the basin and does not cause adverse
2056 impacts to water resources in the basin.
2057 Section 22. Subsection (9) of section 378.404, Florida
2058 Statutes, is amended to read:
2059 378.404 Department of Environmental Protection; powers and
2060 duties.—The department shall have the following powers and
2061 duties:
2062 (9) To grant variances from the provisions of this part to
2063 accommodate reclamation that provides for water supply
2064 development or water resource development not inconsistent with
2065 the applicable regional water supply plan approved pursuant to
2066 s. 373.709 373.0361, appropriate stormwater management, improved
2067 wildlife habitat, recreation, or a mixture thereof, provided
2068 adverse impacts are not caused to the water resources in the
2069 basin and public health and safety are not adversely affected.
2070 Section 23. Paragraph (a) of subsection (3) of section
2071 403.0891, Florida Statutes, is amended to read:
2072 403.0891 State, regional, and local stormwater management
2073 plans and programs.—The department, the water management
2074 districts, and local governments shall have the responsibility
2075 for the development of mutually compatible stormwater management
2076 programs.
2077 (3)(a) Each local government required by chapter 163 to
2078 submit a comprehensive plan, whose plan is submitted after July
2079 1, 1992, and the others when updated after July 1, 1992, in the
2080 development of its stormwater management program described by
2081 elements within its comprehensive plan shall consider the water
2082 resource implementation rule, district stormwater management
2083 goals, plans approved pursuant to the Surface Water Improvement
2084 and Management Act, ss. 373.451-373.4595, and technical
2085 assistance information provided by the water management
2086 districts pursuant to s. 373.711 373.0391.
2087 Section 24. Section 403.890, Florida Statutes, is amended
2088 to read:
2089 403.890 Water Protection and Sustainability Program;
2090 intent; goals; purposes.—
2091 (1) Effective July 1, 2006, revenues transferred from the
2092 Department of Revenue pursuant to s. 201.15(1)(c)2. shall be
2093 deposited into the Water Protection and Sustainability Program
2094 Trust Fund in the Department of Environmental Protection. These
2095 revenues and any other additional revenues deposited into or
2096 appropriated to the Water Protection and Sustainability Program
2097 Trust Fund shall be distributed by the Department of
2098 Environmental Protection in the following manner:
2099 (a) Sixty percent to the Department of Environmental
2100 Protection for the implementation of an alternative water supply
2101 program as provided in s. 373.1961.
2102 (b) Twenty percent for the implementation of best
2103 management practices and capital project expenditures necessary
2104 for the implementation of the goals of the total maximum daily
2105 load program established in s. 403.067. Of these funds, 85
2106 percent shall be transferred to the credit of the Department of
2107 Environmental Protection Water Quality Assurance Trust Fund to
2108 address water quality impacts associated with nonagricultural
2109 nonpoint sources. Fifteen percent of these funds shall be
2110 transferred to the Department of Agriculture and Consumer
2111 Services General Inspection Trust Fund to address water quality
2112 impacts associated with agricultural nonpoint sources. These
2113 funds shall be used for research, development, demonstration,
2114 and implementation of the total maximum daily load program under
2115 s. 403.067, suitable best management practices or other measures
2116 used to achieve water quality standards in surface waters and
2117 water segments identified pursuant to s. 303(d) of the Clean
2118 Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
2119 Implementation of best management practices and other measures
2120 may include cost-share grants, technical assistance,
2121 implementation tracking, and conservation leases or other
2122 agreements for water quality improvement. The Department of
2123 Environmental Protection and the Department of Agriculture and
2124 Consumer Services may adopt rules governing the distribution of
2125 funds for implementation of capital projects, best management
2126 practices, and other measures. These funds shall not be used to
2127 abrogate the financial responsibility of those point and
2128 nonpoint sources that have contributed to the degradation of
2129 water or land areas. Increased priority shall be given by the
2130 department and the water management district governing boards to
2131 those projects that have secured a cost-sharing agreement
2132 allocating responsibility for the cleanup of point and nonpoint
2133 sources.
2134 (c) Ten percent shall be disbursed for the purposes of
2135 funding projects pursuant to ss. 373.451-373.459 or surface
2136 water restoration activities in water-management-district
2137 designated priority water bodies. The Secretary of Environmental
2138 Protection shall ensure that each water management district
2139 receives the following percentage of funds annually:
2140 1. Thirty-five percent to the South Florida Water
2141 Management District;
2142 2. Twenty-five percent to the Southwest Florida Water
2143 Management District;
2144 3. Twenty-five percent to the St. Johns River Water
2145 Management District;
2146 4. Seven and one-half percent to the Suwannee River Water
2147 Management District; and
2148 5. Seven and one-half percent to the Northwest Florida
2149 Water Management District.
2150 (d) Ten percent to the Department of Environmental
2151 Protection for the Disadvantaged Small Community Wastewater
2152 Grant Program as provided in s. 403.1838.
2153 (2) Applicable beginning in the 2007-2008 fiscal year,
2154 revenues transferred from the Department of Revenue pursuant to
2155 s. 201.15(1)(c)2. shall be deposited into the Water Protection
2156 and Sustainability Program Trust Fund in the Department of
2157 Environmental Protection. These revenues and any other
2158 additional Revenues deposited into or appropriated to the Water
2159 Protection and Sustainability Program Trust Fund shall be
2160 distributed by the Department of Environmental Protection in the
2161 following manner:
2162 (1)(a) Sixty-five percent to the Department of
2163 Environmental Protection for the implementation of an
2164 alternative water supply program as provided in s. 373.707
2165 373.1961.
2166 (2)(b) Twenty-two and five-tenths percent for the
2167 implementation of best management practices and capital project
2168 expenditures necessary for the implementation of the goals of
2169 the total maximum daily load program established in s. 403.067.
2170 Of these funds, 83.33 percent shall be transferred to the credit
2171 of the Department of Environmental Protection Water Quality
2172 Assurance Trust Fund to address water quality impacts associated
2173 with nonagricultural nonpoint sources. Sixteen and sixty-seven
2174 hundredths percent of these funds shall be transferred to the
2175 Department of Agriculture and Consumer Services General
2176 Inspection Trust Fund to address water quality impacts
2177 associated with agricultural nonpoint sources. These funds shall
2178 be used for research, development, demonstration, and
2179 implementation of the total maximum daily load program under s.
2180 403.067, suitable best management practices or other measures
2181 used to achieve water quality standards in surface waters and
2182 water segments identified pursuant to s. 303(d) of the Clean
2183 Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
2184 Implementation of best management practices and other measures
2185 may include cost-share grants, technical assistance,
2186 implementation tracking, and conservation leases or other
2187 agreements for water quality improvement. The Department of
2188 Environmental Protection and the Department of Agriculture and
2189 Consumer Services may adopt rules governing the distribution of
2190 funds for implementation of capital projects, best management
2191 practices, and other measures. These funds shall not be used to
2192 abrogate the financial responsibility of those point and
2193 nonpoint sources that have contributed to the degradation of
2194 water or land areas. Increased priority shall be given by the
2195 department and the water management district governing boards to
2196 those projects that have secured a cost-sharing agreement
2197 allocating responsibility for the cleanup of point and nonpoint
2198 sources.
2199 (3)(c) Twelve and five-tenths percent to the Department of
2200 Environmental Protection for the Disadvantaged Small Community
2201 Wastewater Grant Program as provided in s. 403.1838.
2202 (4)(d) On June 30, 2009, and every 24 months thereafter,
2203 the Department of Environmental Protection shall request the
2204 return of all unencumbered funds distributed pursuant to this
2205 section. These funds shall be deposited into the Water
2206 Protection and Sustainability Program Trust Fund and
2207 redistributed pursuant to the provisions of this section.
2208 (3) For the 2008-2009 fiscal year only, moneys in the Water
2209 Protection and Sustainability Program Trust Fund shall be
2210 transferred to the Ecosystem Management and Restoration Trust
2211 Fund for grants and aids to local governments for water projects
2212 as provided in the General Appropriations Act. This subsection
2213 expires July 1, 2009.
2214 (4) For fiscal year 2005-2006, funds deposited or
2215 appropriated into the Water Protection and Sustainability
2216 Program Trust Fund shall be distributed as follows:
2217 (a) One hundred million dollars to the Department of
2218 Environmental Protection for the implementation of an
2219 alternative water supply program as provided in s. 373.1961.
2220 (b) Funds remaining after the distribution provided for in
2221 subsection (1) shall be distributed as follows:
2222 1. Fifty percent for the implementation of best management
2223 practices and capital project expenditures necessary for the
2224 implementation of the goals of the total maximum daily load
2225 program established in s. 403.067. Of these funds, 85 percent
2226 shall be transferred to the credit of the Department of
2227 Environmental Protection Water Quality Assurance Trust Fund to
2228 address water quality impacts associated with nonagricultural
2229 nonpoint sources. Fifteen percent of these funds shall be
2230 transferred to the Department of Agriculture and Consumer
2231 Services General Inspection Trust Fund to address water quality
2232 impacts associated with agricultural nonpoint sources. These
2233 funds shall be used for research, development, demonstration,
2234 and implementation of suitable best management practices or
2235 other measures used to achieve water quality standards in
2236 surface waters and water segments identified pursuant to s.
2237 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss.
2238 1251 et seq. Implementation of best management practices and
2239 other measures may include cost-share grants, technical
2240 assistance, implementation tracking, and conservation leases or
2241 other agreements for water quality improvement. The Department
2242 of Environmental Protection and the Department of Agriculture
2243 and Consumer Services may adopt rules governing the distribution
2244 of funds for implementation of best management practices. These
2245 funds shall not be used to abrogate the financial responsibility
2246 of those point and nonpoint sources that have contributed to the
2247 degradation of water or land areas. Increased priority shall be
2248 given by the department and the water management district
2249 governing boards to those projects that have secured a cost
2250 sharing agreement allocating responsibility for the cleanup of
2251 point and nonpoint sources.
2252 2. Twenty-five percent for the purposes of funding projects
2253 pursuant to ss. 373.451-373.459 or surface water restoration
2254 activities in water-management-district-designated priority
2255 water bodies. The Secretary of Environmental Protection shall
2256 ensure that each water management district receives the
2257 following percentage of funds annually:
2258 a. Thirty-five percent to the South Florida Water
2259 Management District;
2260 b. Twenty-five percent to the Southwest Florida Water
2261 Management District;
2262 c. Twenty-five percent to the St. Johns River Water
2263 Management District;
2264 d. Seven and one-half percent to the Suwannee River Water
2265 Management District; and
2266 e. Seven and one-half percent to the Northwest Florida
2267 Water Management District.
2268 3. Twenty-five percent to the Department of Environmental
2269 Protection for the Disadvantaged Small Community Wastewater
2270 Grant Program as provided in s. 403.1838.
2271
2272 Prior to the end of the 2008 Regular Session, the Legislature
2273 must review the distribution of funds under the Water Protection
2274 and Sustainability Program to determine if revisions to the
2275 funding formula are required. At the discretion of the President
2276 of the Senate and the Speaker of the House of Representatives,
2277 the appropriate substantive committees of the Legislature may
2278 conduct an interim project to review the Water Protection and
2279 Sustainability Program and the funding formula and make written
2280 recommendations to the Legislature proposing necessary changes,
2281 if any.
2282 (5) For the 2009-2010 fiscal year only, funds shall be
2283 distributed as follows:
2284 (a) Thirty-one and twenty-one hundredths percent to the
2285 Department of Environmental Protection for the implementation of
2286 an alternative water supply program as provided in s. 373.1961.
2287 (b) Twenty-six and eighty-seven hundredths percent for the
2288 implementation of best management practices and capital project
2289 expenditures necessary for the implementation of the goals of
2290 the total maximum daily load program established in s. 403.067.
2291 Of these funds, 86 percent shall be transferred to the credit of
2292 the Water Quality Assurance Trust Fund of the Department of
2293 Environmental Protection to address water quality impacts
2294 associated with nonagricultural nonpoint sources. Fourteen
2295 percent of these funds shall be transferred to the General
2296 Inspection Trust Fund of the Department of Agriculture and
2297 Consumer Services to address water quality impacts associated
2298 with agricultural nonpoint sources. These funds shall be used
2299 for research, development, demonstration, and implementation of
2300 the total maximum daily load program under s. 403.067, suitable
2301 best management practices, or other measures used to achieve
2302 water quality standards in surface waters and water segments
2303 identified pursuant to s. 303(d) of the Clean Water Act, Pub. L.
2304 No. 92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best
2305 management practices and other measures may include cost-share
2306 grants, technical assistance, implementation tracking, and
2307 conservation leases or other agreements for water quality
2308 improvement. The Department of Environmental Protection and the
2309 Department of Agriculture and Consumer Services may adopt rules
2310 governing the distribution of funds for implementation of
2311 capital projects, best management practices, and other measures.
2312 These funds may not be used to abrogate the financial
2313 responsibility of those point and nonpoint sources that have
2314 contributed to the degradation of water or land areas. Increased
2315 priority shall be given by the department and the water
2316 management district governing boards to those projects that have
2317 secured a cost-sharing agreement that allocates responsibility
2318 for the cleanup of point and nonpoint sources.
2319 (c) Forty-one and ninety-two hundredths percent to the
2320 Department of Environmental Protection for the Disadvantaged
2321 Small Community Wastewater Grant Program as provided in s.
2322 403.1838.
2323
2324 This subsection expires July 1, 2010.
2325 Section 25. Subsection (1) of section 403.891, Florida
2326 Statutes, is amended to read:
2327 403.891 Water Protection and Sustainability Program Trust
2328 Fund of the Department of Environmental Protection.—
2329 (1) The Water Protection and Sustainability Program Trust
2330 Fund is created within the Department of Environmental
2331 Protection. The purpose of the trust fund is to receive funds
2332 pursuant to s. 201.15(1)(c)2., funds from other sources provided
2333 for in law and the General Appropriations Act, and funds
2334 received by the department in order to implement the provisions
2335 of the Water Sustainability and Protection Program created in s.
2336 403.890.
2337 Section 26. Section 682.02, Florida Statutes, is amended to
2338 read:
2339 682.02 Arbitration agreements made valid, irrevocable, and
2340 enforceable; scope.—Two or more parties may agree in writing to
2341 submit to arbitration any controversy existing between them at
2342 the time of the agreement, or they may include in a written
2343 contract a provision for the settlement by arbitration of any
2344 controversy thereafter arising between them relating to such
2345 contract or the failure or refusal to perform the whole or any
2346 part thereof. This section also applies to written interlocal
2347 agreements under ss. 163.01 and 373.713 373.1962 in which two or
2348 more parties agree to submit to arbitration any controversy
2349 between them concerning water use permit applications and other
2350 matters, regardless of whether or not the water management
2351 district with jurisdiction over the subject application is a
2352 party to the interlocal agreement or a participant in the
2353 arbitration. Such agreement or provision shall be valid,
2354 enforceable, and irrevocable without regard to the justiciable
2355 character of the controversy; provided that this act shall not
2356 apply to any such agreement or provision to arbitrate in which
2357 it is stipulated that this law shall not apply or to any
2358 arbitration or award thereunder.
2359 Section 27. Section 373.71, Florida Statutes, is renumbered
2360 as section 373.69, Florida Statutes.
2361 Section 28. Sections 373.0361, 373.0391, 373.0831, 373.196,
2362 373.1961, 373.1962, and 373.1963, Florida Statutes, are
2363 repealed.
2364 Section 29. Paragraphs (a),(b),(c), and (f) of subsection
2365 (3) of section 373.1961, Florida Statutes, is amended to read:
2366 373.1961 Water production; general powers and duties;
2367 identification of needs; funding criteria; economic incentives;
2368 reuse funding.—
2369 (3) FUNDING.—
2370 (a) The water management districts and the state shall
2371 share a percentage of revenues with water providers and users,
2372 including local governments, water, wastewater, and reuse
2373 utilities, municipal, special district, industrial, and
2374 agricultural water users, and other public and private water
2375 users, to be used to supplement other funding sources in the
2376 development of alternative water supplies and conservation
2377 projects that result in quantifiable water savings.
2378 (b) Beginning in fiscal year 2005-2006, the state shall
2379 annually provide a portion of those revenues deposited into the
2380 Water Protection and Sustainability Program Trust Fund for the
2381 purpose of providing funding assistance for the development of
2382 alternative water supplies and conservation projects that result
2383 in quantifiable water savings pursuant to the Water Protection
2384 and Sustainability Program. At the beginning of each fiscal
2385 year, beginning with fiscal year 2005-2006, such revenues shall
2386 be distributed by the department into the alternative water
2387 supply trust fund accounts created by each district for the
2388 purpose of alternative water supply development under the
2389 following funding formula:
2390 1. Thirty percent to the South Florida Water Management
2391 District;
2392 2. Twenty-five percent to the Southwest Florida Water
2393 Management District;
2394 3. Twenty-five percent to the St. Johns River Water
2395 Management District;
2396 4. Ten percent to the Suwannee River Water Management
2397 District; and
2398 5. Ten percent to the Northwest Florida Water Management
2399 District.
2400 (c) The financial assistance for alternative water supply
2401 projects allocated in each district’s budget as required in s.
2402 373.196(6) shall be combined with the state funds and used to
2403 assist in funding the project construction costs of alternative
2404 water supply projects and the project costs of conservation
2405 projects that result in quantifiable water savings selected by
2406 the governing board. If the district has not completed any
2407 regional water supply plan, or the regional water supply plan
2408 does not identify the need for any alternative water supply
2409 projects, funds deposited in that district’s trust fund may be
2410 used for water resource development projects, including, but not
2411 limited to, springs protection.
2412 (f) The governing boards shall determine those projects
2413 that will be selected for financial assistance. The governing
2414 boards may establish factors to determine project funding;
2415 however, significant weight shall be given to the following
2416 factors:
2417 1. Whether the project provides substantial environmental
2418 benefits by preventing or limiting adverse water resource
2419 impacts.
2420 2. Whether the project reduces competition for water
2421 supplies.
2422 3. Whether the project brings about replacement of
2423 traditional sources in order to help implement a minimum flow or
2424 level or a reservation.
2425 4. Whether the project will be implemented by a consumptive
2426 use permittee that has achieved the targets contained in a goal
2427 based water conservation program approved pursuant to s.
2428 373.227.
2429 5. The quantity of water supplied by the project as
2430 compared to its cost.
2431 6. Projects in which the construction and delivery to end
2432 users of reuse water is a major component.
2433 7. Whether the project will be implemented by a
2434 multijurisdictional water supply entity or regional water supply
2435 authority.
2436 8. Whether the project implements reuse that assists in the
2437 elimination of domestic wastewater ocean outfalls as provided in
2438 s. 403.086(9).
2439 9. Whether the county or municipality, or the multiple
2440 counties or municipalities, in which the project is located has
2441 implemented a high-water recharge protection tax assessment
2442 program as provided in s. 193.625.
2443 Section 30. Paragraph (a) of subsection (19) of section
2444 373.414, Florida Statutes, is amended to read:
2445 373.414 Additional criteria for activities in surface
2446 waters and wetlands.—
2447 (19)(a) Financial responsibility for mitigation for
2448 wetlands and other surface waters required by a permit issued
2449 pursuant to this part for activities associated with the
2450 extraction of limestone and phosphate are subject to approval by
2451 the department as part of the permit application review.
2452 Financial responsibility for permitted activities that which
2453 will occur over a period of 3 years or less of mining operations
2454 must be provided to the department before prior to the
2455 commencement of mining operations and must shall be in an amount
2456 equal to 110 percent of the estimated mitigation costs for
2457 wetlands and other surface waters affected under the permit. For
2458 permitted activities that which will occur over a period of more
2459 than 3 years of mining operations, the initial financial
2460 responsibility demonstration must shall be in an amount equal to
2461 110 percent of the estimated mitigation costs for wetlands and
2462 other surface waters affected in the first 3 years of operation
2463 under the permit.; and, For each year thereafter, the financial
2464 responsibility demonstration must shall be updated, including
2465 providing to provide an amount equal to 110 percent of the
2466 estimated mitigation costs for the next year of operations under
2467 the permit for which financial responsibility has not already
2468 been demonstrated and to release portions of the financial
2469 responsibility mechanisms in accordance with applicable rules.
2470 Section 31. Subsection (2) of section 378.901, Florida
2471 Statutes, is amended to read:
2472 378.901 Life-of-the-mine permit.—
2473 (2) As an alternative to, and in lieu of, separate
2474 applications for permits required under by part IV of chapter
2475 373 and part IV of this chapter, any each operator who mines or
2476 extracts or proposes to mine or extract heavy minerals,
2477 limestone, or fuller’s earth clay may apply to the bureau for a
2478 life-of-the-mine permit. This subsection does not limit the
2479 authority of a local government to approve, approve with
2480 conditions, deny, or impose a permit duration that is different
2481 from the duration issued pursuant to this section.
2482 Section 32. Subsections (2), (5), and (9) of section
2483 373.41492, Florida Statutes, are amended to read:
2484 373.41492 Miami-Dade County Lake Belt Mitigation Plan;
2485 mitigation for mining activities within the Miami-Dade County
2486 Lake Belt.—
2487 (2) To provide for the mitigation of wetland resources lost
2488 to mining activities within the Miami-Dade County Lake Belt
2489 Plan, effective October 1, 1999, a mitigation fee is imposed on
2490 each ton of limerock and sand extracted by any person who
2491 engages in the business of extracting limerock or sand from
2492 within the Miami-Dade County Lake Belt Area and the east one
2493 half of sections 24 and 25 and all of sections 35 and 36,
2494 Township 53 South, Range 39 East. The mitigation fee is imposed
2495 for each ton of limerock and sand sold from within the
2496 properties where the fee applies in raw, processed, or
2497 manufactured form, including, but not limited to, sized
2498 aggregate, asphalt, cement, concrete, and other limerock and
2499 concrete products. The mitigation fee imposed by this subsection
2500 for each ton of limerock and sand sold shall be 12 cents per ton
2501 beginning January 1, 2007; 18 cents per ton beginning January 1,
2502 2008; and 24 cents per ton beginning January 1, 2009, and 45
2503 cents per ton beginning close of business December 31, 2011. To
2504 upgrade a water treatment plant that treats water coming from
2505 the Northwest Wellfield in Miami-Dade County, a water treatment
2506 plant upgrade fee is imposed within the same Lake Belt Area
2507 subject to the mitigation fee and upon the same kind of mined
2508 limerock and sand subject to the mitigation fee. The water
2509 treatment plant upgrade fee imposed by this subsection for each
2510 ton of limerock and sand sold shall be 15 cents per ton
2511 beginning on January 1, 2007, and the collection of this fee
2512 shall cease once the total amount of proceeds collected for this
2513 fee reaches the amount of the actual moneys necessary to design
2514 and construct the water treatment plant upgrade, as determined
2515 in an open, public solicitation process. Any limerock or sand
2516 that is used within the mine from which the limerock or sand is
2517 extracted is exempt from the fees. The amount of the mitigation
2518 fee and the water treatment plant upgrade fee imposed under this
2519 section must be stated separately on the invoice provided to the
2520 purchaser of the limerock or sand product from the limerock or
2521 sand miner, or its subsidiary or affiliate, for which the fee or
2522 fees apply. The limerock or sand miner, or its subsidiary or
2523 affiliate, who sells the limerock or sand product shall collect
2524 the mitigation fee and the water treatment plant upgrade fee and
2525 forward the proceeds of the fees to the Department of Revenue on
2526 or before the 20th day of the month following the calendar month
2527 in which the sale occurs.
2528 (5) Each January 1, beginning January 1, 2010, through
2529 December 31, 2011, Beginning January 1, 2010, and each January 1
2530 thereafter, the per-ton mitigation fee shall be increased by 2.1
2531 percentage points, plus a cost growth index. The cost growth
2532 index shall be the percentage change in the weighted average of
2533 the Employment Cost Index for All Civilian Workers (ecu 10001I),
2534 issued by the United States Department of Labor for the most
2535 recent 12-month period ending on September 30, and the
2536 percentage change in the Producer Price Index for All
2537 Commodities (WPU 00000000), issued by the United States
2538 Department of Labor for the most recent 12-month period ending
2539 on September 30, compared to the weighted average of these
2540 indices for the previous year. The weighted average shall be
2541 calculated as 0.6 times the percentage change in the Employment
2542 Cost Index for All Civilian Workers (ecu 10001I), plus 0.4 times
2543 the percentage change in the Producer Price Index for All
2544 Commodities (WPU 00000000). If either index is discontinued, it
2545 shall be replaced by its successor index, as identified by the
2546 United States Department of Labor.
2547 (9)(a) The interagency committee established in this
2548 section shall annually prepare and submit to the governing board
2549 of the South Florida Water Management District a report
2550 evaluating the mitigation costs and revenues generated by the
2551 mitigation fee.
2552 (b) No sooner than January 31, 2010, and no more frequently
2553 than every 5 years thereafter, the interagency committee shall
2554 submit to the Legislature a report recommending any needed
2555 adjustments to the mitigation fee, including the annual
2556 escalator provided for in subsection (5), to ensure that the
2557 revenue generated reflects the actual costs of the mitigation.
2558 Section 33. Subsection (1) of section 215.619, Florida
2559 Statutes, is amended to read:
2560 215.619 Bonds for Everglades restoration.—
2561 (1) The issuance of Everglades restoration bonds to finance
2562 or refinance the cost of the acquisition and improvement of
2563 land, water areas, and related property interests and resources
2564 for the purpose of implementing the Comprehensive Everglades
2565 Restoration Plan under s. 373.470, the Lake Okeechobee Watershed
2566 Protection Plan under s. 373.4595, the Caloosahatchee River
2567 Watershed Protection Plan under s. 373.4595, the St. Lucie River
2568 Watershed Protection Plan under s. 373.4595, and the Florida
2569 Keys Area of Critical State Concern protection program under ss.
2570 380.05 and 380.0552 in order to restore and conserve natural
2571 systems through the implementation of water management projects,
2572 including wastewater management projects identified in the “Keys
2573 Wastewater Plan,” dated November 2007, and submitted to the
2574 Florida House of Representatives on December 4, 2007, is
2575 authorized in accordance with s. 11(e), Art. VII of the State
2576 Constitution.
2577 (a) Everglades restoration bonds, except refunding bonds,
2578 may be issued only in fiscal years 2002-2003 through 2019-2020
2579 and may not be issued in an amount exceeding $100 million per
2580 fiscal year unless:
2581 1.(a) The Department of Environmental Protection has
2582 requested additional amounts in order to achieve cost savings or
2583 accelerate the purchase of land; or
2584 2.(b) The Legislature authorizes an additional amount of
2585 bonds not to exceed $200 million, and limited to $50 million per
2586 fiscal year, for no more than 4 fiscal years, specifically for
2587 the purpose of funding the Florida Keys Area of Critical State
2588 Concern protection program. Proceeds from the bonds shall be
2589 managed by the Department of Environmental Protection for the
2590 purpose of entering into financial assistance agreements with
2591 local governments located in the Florida Keys Area of Critical
2592 State Concern to finance or refinance the cost of constructing
2593 sewage collection, treatment, and disposal facilities.
2594 (b) The duration of Everglades restoration bonds may not
2595 exceed 20 annual maturities, and those bonds must mature by
2596 December 31, 2040. Except for refunding bonds, a series of bonds
2597 may not be issued unless an amount equal to the debt service
2598 coming due in the year of issuance has been appropriated by the
2599 Legislature. Beginning July 1, 2010, the Legislature shall
2600 analyze the ratio of the state’s debt to projected revenues
2601 before authorizing the issuance of prior to the authorization to
2602 issue any bonds under this section.
2603 Section 34. Subsections (2), (4), (7), and (9) of section
2604 380.0552, Florida Statutes, are amended to read:
2605 380.0552 Florida Keys Area; protection and designation as
2606 area of critical state concern.—
2607 (2) LEGISLATIVE INTENT.—It is hereby declared that the
2608 intent of the Legislature to is:
2609 (a) To Establish a land use management system that protects
2610 the natural environment of the Florida Keys.
2611 (b) To Establish a land use management system that
2612 conserves and promotes the community character of the Florida
2613 Keys.
2614 (c) To Establish a land use management system that promotes
2615 orderly and balanced growth in accordance with the capacity of
2616 available and planned public facilities and services.
2617 (d) To Provide for affordable housing in close proximity to
2618 places of employment in the Florida Keys.
2619 (e) To Establish a land use management system that promotes
2620 and supports a diverse and sound economic base.
2621 (f) To Protect the constitutional rights of property owners
2622 to own, use, and dispose of their real property.
2623 (g) To Promote coordination and efficiency among
2624 governmental agencies that have with permitting jurisdiction
2625 over land use activities in the Florida Keys.
2626 (h) Promote an appropriate land acquisition and protection
2627 strategy for environmentally sensitive lands within the Florida
2628 Keys.
2629 (i) Protect and improve the nearshore water quality of the
2630 Florida Keys through the construction and operation of
2631 wastewater management facilities that meet the requirements of
2632 ss. 381.0065(4)(l) and 403.086(10), as applicable.
2633 (j) Ensure that the population of the Florida Keys can be
2634 safely evacuated.
2635 (4) REMOVAL OF DESIGNATION.—
2636 (a) Between July 12, 2008, and August 30, 2008, the state
2637 land planning agency shall submit a written report to the
2638 Administration Commission describing in detail the progress of
2639 the Florida Keys Area toward accomplishing the tasks of the work
2640 program as defined in paragraph (c) and providing a
2641 recommendation as to whether substantial progress toward
2642 accomplishing the tasks of the work program has been achieved.
2643 Subsequent to receipt of the report, the Administration
2644 Commission shall determine, prior to October 1, 2008, whether
2645 substantial progress has been achieved toward accomplishing the
2646 tasks of the work program. The designation of the Florida Keys
2647 Area as an area of critical state concern under this section may
2648 be recommended for removal upon fulfilling the legislative
2649 intent under subsection (2) and completion of all the work
2650 program tasks specified in rules of the Administration
2651 Commission shall be removed October 1, 2009, unless the
2652 Administration Commission finds, after receipt of the state land
2653 planning agency report, that substantial progress has not been
2654 achieved toward accomplishing the tasks of the work program. If
2655 the designation of the Florida Keys Area as an area of critical
2656 state concern is removed, the Administration Commission, within
2657 60 days after removal of the designation, shall initiate
2658 rulemaking pursuant to chapter 120 to repeal any rules relating
2659 to the designation of the Florida Keys Area as an area of
2660 critical state concern. If, after receipt of the state land
2661 planning agency’s report, the Administration Commission finds
2662 that substantial progress toward accomplishing the tasks of the
2663 work program has not been achieved, the Administration
2664 Commission shall provide a written report to the Monroe County
2665 Commission within 30 days after making such finding detailing
2666 the tasks under the work program that must be accomplished in
2667 order for substantial progress to be achieved within the next 12
2668 months.
2669 (b) Beginning November 30, 2010, the state land planning
2670 agency shall annually submit a written report to the
2671 Administration Commission describing the progress of the Florida
2672 Keys Area toward completing the work program tasks specified in
2673 commission rules. The land planning agency shall recommend
2674 removing the Florida Keys Area from being designated as an area
2675 of critical state concern to the commission if it determines
2676 that:
2677 1. All of the work program tasks have been completed,
2678 including construction of, operation of, and connection to
2679 central wastewater management facilities pursuant to s.
2680 403.086(10) and upgrade of onsite sewage treatment and disposal
2681 systems pursuant to s. 381.0065(4)(l);
2682 2. All local comprehensive plans and land development
2683 regulations and the administration of such plans and regulations
2684 are adequate to protect the Florida Keys Area, fulfill the
2685 legislative intent specified in subsection (2), and are
2686 consistent with and further the principles guiding development;
2687 and
2688 3. A local government has adopted a resolution at a public
2689 hearing recommending the removal of the designation.
2690 (b) If the designation of the Florida Keys Area as an area
2691 of critical state concern is not removed in accordance with
2692 paragraph (a), the state land planning agency shall submit a
2693 written annual report to the Administration Commission on
2694 November 1 of each year, until such time as the designation is
2695 removed, describing the progress of the Florida Keys Area toward
2696 accomplishing remaining tasks under the work program and
2697 providing a recommendation as to whether substantial progress
2698 toward accomplishing the tasks of the work program has been
2699 achieved. The Administration Commission shall determine, within
2700 45 days after receipt of the annual report, whether substantial
2701 progress has been achieved toward accomplishing the remaining
2702 tasks of the work program. The designation of the Florida Keys
2703 Area as an area of critical state concern under this section
2704 shall be removed unless the Administration Commission finds that
2705 substantial progress has not been achieved toward accomplishing
2706 the tasks of the work program. If the designation of the Florida
2707 Keys Area as an area of critical state concern is removed, the
2708 Administration Commission, within 60 days after removal of the
2709 designation, shall initiate rulemaking pursuant to chapter 120
2710 to repeal any rules relating to the designation of the Florida
2711 Keys Area as an area of critical state concern. If the
2712 Administration Commission finds that substantial progress has
2713 not been achieved, the Administration Commission shall provide
2714 to the Monroe County Commission, within 30 days after making its
2715 finding, a report detailing the tasks under the work program
2716 that must be accomplished in order for substantial progress to
2717 be achieved within the next 12 months.
2718 (c) After receipt of the state land planning agency report
2719 and recommendation, the Administration Commission shall
2720 determine whether the requirements have been fulfilled and may
2721 remove the designation of the Florida Keys as an area of
2722 critical state concern. If the commission removes the
2723 designation, it shall initiate rulemaking to repeal any rules
2724 relating such designation within 60 days. If, after receipt of
2725 the state land planning agency’s report and recommendation, the
2726 commission finds that the requirements for recommending removal
2727 of designation have not been met, the commission shall provide a
2728 written report to the local governments within 30 days after
2729 making such a finding detailing the tasks that must be completed
2730 by the local government.
2731 (c) For purposes of this subsection, the term “work
2732 program” means the 10-year work program as set forth in rule 28
2733 20.110, Florida Administrative Code, on January 1, 2006,
2734 excluding amendments to the work program that take effect after
2735 January 1, 2006.
2736 (d) The determination of the Administration Commission’s
2737 determination concerning the removal of the designation of the
2738 Florida Keys as an area of critical state concern Commission as
2739 to whether substantial progress has been made toward
2740 accomplishing the tasks of the work program may be judicially
2741 reviewed pursuant to chapter 120 86. All proceedings shall be
2742 conducted by the Division of Administrative Hearings and must be
2743 initiated within 30 days after the commission issues its
2744 determination in the circuit court of the judicial circuit where
2745 the Administration Commission maintains its headquarters and
2746 shall be initiated within 30 days after rendition of the
2747 Administration Commission’s determination. The Administration
2748 Commission’s determination as to whether substantial progress
2749 has been made toward accomplishing the tasks of the work program
2750 shall be upheld if it is supported by competent and substantial
2751 evidence and shall not be subject to administrative review under
2752 chapter 120.
2753 (e) After removal of the designation of the Florida Keys as
2754 an area of critical state concern, the state land planning
2755 agency shall review proposed local comprehensive plans, and any
2756 amendments to existing comprehensive plans, which are applicable
2757 to the Florida Keys Area, the boundaries of which were described
2758 in chapter 28-29, Florida Administrative Code, as of January 1,
2759 2006, for compliance with subparagraphs 1. and 2., in addition
2760 to reviewing proposed local comprehensive plans and amendments
2761 for compliance as defined in s. 163.3184. All procedures and
2762 penalties described in s. 163.3184 apply to the review conducted
2763 pursuant to this paragraph.
2764 1. Adoption of construction schedules for wastewater
2765 facilities improvements in the annually adopted capital
2766 improvements element and adoption of standards for the
2767 construction of wastewater treatment facilities which meet or
2768 exceed the criteria of chapter 99-395, Laws of Florida.
2769 2. Adoption of goals, objectives, and policies to protect
2770 public safety and welfare in the event of a natural disaster by
2771 maintaining a hurricane evacuation clearance time for permanent
2772 residents of no more than 24 hours. The hurricane evacuation
2773 clearance time shall be determined by a hurricane evacuation
2774 study conducted in accordance with a professionally accepted
2775 methodology and approved by the state land planning agency.
2776 (f) The Administration Commission may adopt rules or revise
2777 existing rules as necessary to administer this subsection.
2778 (7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional,
2779 and local agencies and units of government in the Florida Keys
2780 Area shall coordinate their plans and conduct their programs and
2781 regulatory activities consistent with the principles for guiding
2782 development as specified set forth in chapter 27F-8, Florida
2783 Administrative Code, as amended effective August 23, 1984, which
2784 chapter is hereby adopted and incorporated herein by reference.
2785 For the purposes of reviewing the consistency of the adopted
2786 plan, or any amendments to that plan, with the principles for
2787 guiding development, and any amendments to the principles, the
2788 principles shall be construed as a whole and no specific
2789 provisions may not provision shall be construed or applied in
2790 isolation from the other provisions. However, the principles for
2791 guiding development as set forth in chapter 27F-8, Florida
2792 Administrative Code, as amended effective August 23, 1984, are
2793 repealed 18 months from July 1, 1986. After repeal, the
2794 following shall be the principles with which any plan amendments
2795 must be consistent with the following principles:
2796 (a) Strengthening To strengthen local government
2797 capabilities for managing land use and development so that local
2798 government is able to achieve these objectives without
2799 continuing the continuation of the area of critical state
2800 concern designation.
2801 (b) Protecting To protect shoreline and marine resources,
2802 including mangroves, coral reef formations, seagrass beds,
2803 wetlands, fish and wildlife, and their habitat.
2804 (c) Protecting To protect upland resources, tropical
2805 biological communities, freshwater wetlands, native tropical
2806 vegetation (for example, hardwood hammocks and pinelands), dune
2807 ridges and beaches, wildlife, and their habitat.
2808 (d) Ensuring To ensure the maximum well-being of the
2809 Florida Keys and its citizens through sound economic
2810 development.
2811 (e) Limiting To limit the adverse impacts of development on
2812 the quality of water throughout the Florida Keys.
2813 (f) Enhancing To enhance natural scenic resources,
2814 promoting promote the aesthetic benefits of the natural
2815 environment, and ensuring ensure that development is compatible
2816 with the unique historic character of the Florida Keys.
2817 (g) Protecting To protect the historical heritage of the
2818 Florida Keys.
2819 (h) Protecting To protect the value, efficiency, cost
2820 effectiveness, and amortized life of existing and proposed major
2821 public investments, including:
2822 1. The Florida Keys Aqueduct and water supply facilities;
2823 2. Sewage collection, treatment, and disposal facilities;
2824 3. Solid waste treatment, collection, and disposal
2825 facilities;
2826 4. Key West Naval Air Station and other military
2827 facilities;
2828 5. Transportation facilities;
2829 6. Federal parks, wildlife refuges, and marine sanctuaries;
2830 7. State parks, recreation facilities, aquatic preserves,
2831 and other publicly owned properties;
2832 8. City electric service and the Florida Keys Electric Co
2833 op; and
2834 9. Other utilities, as appropriate.
2835 (i) Protecting and improving water quality by providing for
2836 the construction, operation, maintenance, and replacement of
2837 stormwater management facilities; central sewage collection;
2838 treatment and disposal facilities; and the installation and
2839 proper operation and maintenance of onsite sewage treatment and
2840 disposal systems.
2841 (j) Ensuring the improvement of nearshore water quality by
2842 requiring the construction and operation of wastewater
2843 management facilities that meet the requirements of ss.
2844 381.0065(4)(l) and 403.086(10), as applicable, and by directing
2845 growth to areas served by central wastewater treatment
2846 facilities through permit allocation systems.
2847 (k)(i) Limiting To limit the adverse impacts of public
2848 investments on the environmental resources of the Florida Keys.
2849 (l)(j) Making To make available adequate affordable housing
2850 for all sectors of the population of the Florida Keys.
2851 (m)(k) Providing To provide adequate alternatives for the
2852 protection of public safety and welfare in the event of a
2853 natural or manmade disaster and for a postdisaster
2854 reconstruction plan.
2855 (n)(l) Protecting To protect the public health, safety, and
2856 welfare of the citizens of the Florida Keys and maintain the
2857 Florida Keys as a unique Florida resource.
2858 (9) MODIFICATION TO PLANS AND REGULATIONS.—
2859 (a) Any land development regulation or element of a local
2860 comprehensive plan in the Florida Keys Area may be enacted,
2861 amended, or rescinded by a local government, but the enactment,
2862 amendment, or rescission becomes shall become effective only
2863 upon the approval thereof by the state land planning agency. The
2864 state land planning agency shall review the proposed change to
2865 determine if it is in compliance with the principles for guiding
2866 development specified set forth in chapter 27F-8, Florida
2867 Administrative Code, as amended effective August 23, 1984, and
2868 must shall either approve or reject the requested changes within
2869 60 days after of receipt thereof. Amendments to local
2870 comprehensive plans in the Florida Keys Area must also be
2871 reviewed for compliance with the following:
2872 1. Construction schedules and detailed capital financing
2873 plans for wastewater management improvements in the annually
2874 adopted capital improvements element, and standards for the
2875 construction of wastewater treatment and disposal facilities or
2876 collection systems that meet or exceed the criteria in s.
2877 403.086(10) for wastewater treatment and disposal facilities or
2878 s. 381.0065(4)(l) for onsite sewage treatment and disposal
2879 systems.
2880 2. Goals, objectives, and policies to protect public safety
2881 and welfare in the event of a natural disaster by maintaining a
2882 hurricane evacuation clearance time for permanent residents of
2883 no more than 24 hours. The hurricane evacuation clearance time
2884 shall be determined by a hurricane evacuation study conducted in
2885 accordance with a professionally accepted methodology and
2886 approved by the state land planning agency.
2887 (b) Further, The state land planning agency, after
2888 consulting with the appropriate local government, may, no more
2889 often than once per a year, recommend to the Administration
2890 Commission the enactment, amendment, or rescission of a land
2891 development regulation or element of a local comprehensive plan.
2892 Within 45 days following the receipt of such recommendation by
2893 the state land planning agency, the commission shall reject the
2894 recommendation, or accept it with or without modification and
2895 adopt it, by rule, including any changes. Any Such local
2896 development regulation or plan must shall be in compliance with
2897 the principles for guiding development.
2898 Section 35. Subsection (1) and paragraph (l) of subsection
2899 (4) of section 381.0065, Florida Statutes are amended, present
2900 subsection (5) of that section is renumbered as subsection (6),
2901 and new subsections (5) and (7) are added to that section, to
2902 read:
2903 381.0065 Onsite sewage treatment and disposal systems;
2904 regulation.—
2905 (1) LEGISLATIVE INTENT.—
2906 (a) It is the intent of the Legislature that proper
2907 management of onsite sewage treatment and disposal systems is
2908 paramount to the health, safety, and welfare of the public. It
2909 is further the intent of the Legislature that the department
2910 shall administer an evaluation program to ensure the operational
2911 condition of the system and identify any failure with the
2912 system.
2913 (b) It is the intent of the Legislature that where a
2914 publicly owned or investor-owned sewerage system is not
2915 available, the department shall issue permits for the
2916 construction, installation, modification, abandonment, or repair
2917 of onsite sewage treatment and disposal systems under conditions
2918 as described in this section and rules adopted under this
2919 section. It is further the intent of the Legislature that the
2920 installation and use of onsite sewage treatment and disposal
2921 systems not adversely affect the public health or significantly
2922 degrade the groundwater or surface water.
2923 (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
2924 construct, repair, modify, abandon, or operate an onsite sewage
2925 treatment and disposal system without first obtaining a permit
2926 approved by the department. The department may issue permits to
2927 carry out this section, but shall not make the issuance of such
2928 permits contingent upon prior approval by the Department of
2929 Environmental Protection, except that the issuance of a permit
2930 for work seaward of the coastal construction control line
2931 established under s. 161.053 shall be contingent upon receipt of
2932 any required coastal construction control line permit from the
2933 Department of Environmental Protection. A construction permit is
2934 valid for 18 months from the issuance date and may be extended
2935 by the department for one 90-day period under rules adopted by
2936 the department. A repair permit is valid for 90 days from the
2937 date of issuance. An operating permit must be obtained prior to
2938 the use of any aerobic treatment unit or if the establishment
2939 generates commercial waste. Buildings or establishments that use
2940 an aerobic treatment unit or generate commercial waste shall be
2941 inspected by the department at least annually to assure
2942 compliance with the terms of the operating permit. The operating
2943 permit for a commercial wastewater system is valid for 1 year
2944 from the date of issuance and must be renewed annually. The
2945 operating permit for an aerobic treatment unit is valid for 2
2946 years from the date of issuance and must be renewed every 2
2947 years. If all information pertaining to the siting, location,
2948 and installation conditions or repair of an onsite sewage
2949 treatment and disposal system remains the same, a construction
2950 or repair permit for the onsite sewage treatment and disposal
2951 system may be transferred to another person, if the transferee
2952 files, within 60 days after the transfer of ownership, an
2953 amended application providing all corrected information and
2954 proof of ownership of the property. There is no fee associated
2955 with the processing of this supplemental information. A person
2956 may not contract to construct, modify, alter, repair, service,
2957 abandon, or maintain any portion of an onsite sewage treatment
2958 and disposal system without being registered under part III of
2959 chapter 489. A property owner who personally performs
2960 construction, maintenance, or repairs to a system serving his or
2961 her own owner-occupied single-family residence is exempt from
2962 registration requirements for performing such construction,
2963 maintenance, or repairs on that residence, but is subject to all
2964 permitting requirements. A municipality or political subdivision
2965 of the state may not issue a building or plumbing permit for any
2966 building that requires the use of an onsite sewage treatment and
2967 disposal system unless the owner or builder has received a
2968 construction permit for such system from the department. A
2969 building or structure may not be occupied and a municipality,
2970 political subdivision, or any state or federal agency may not
2971 authorize occupancy until the department approves the final
2972 installation of the onsite sewage treatment and disposal system.
2973 A municipality or political subdivision of the state may not
2974 approve any change in occupancy or tenancy of a building that
2975 uses an onsite sewage treatment and disposal system until the
2976 department has reviewed the use of the system with the proposed
2977 change, approved the change, and amended the operating permit.
2978 (l) For the Florida Keys, the department shall adopt a
2979 special rule for the construction, installation, modification,
2980 operation, repair, maintenance, and performance of onsite sewage
2981 treatment and disposal systems which considers the unique soil
2982 conditions and which considers water table elevations,
2983 densities, and setback requirements. On lots where a setback
2984 distance of 75 feet from surface waters, saltmarsh, and
2985 buttonwood association habitat areas cannot be met, an injection
2986 well, approved and permitted by the department, may be used for
2987 disposal of effluent from onsite sewage treatment and disposal
2988 systems. The following additional requirements apply to onsite
2989 sewage treatment and disposal systems in Monroe County:
2990 1. The county, each municipality, and those special
2991 districts established for the purpose of the collection,
2992 transmission, treatment, or disposal of sewage shall ensure, in
2993 accordance with the specific schedules adopted by the
2994 Administration Commission under s. 380.0552, the completion of
2995 onsite sewage treatment and disposal system upgrades to meet the
2996 requirements of this paragraph.
2997 2. Onsite sewage treatment and disposal systems must cease
2998 discharge by December 31, 2015, or must comply with department
2999 rules and provide the level of treatment which, on a permitted
3000 annual average basis, produces an effluent that contains no more
3001 than the following concentrations:
3002 a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
3003 b. Suspended Solids of 10 mg/l.
3004 c. Total Nitrogen, expressed as N, of 10 mg/l.
3005 d. Total Phosphorus, expressed as P, of 1 mg/l.
3006
3007 In addition, onsite sewage treatment and disposal systems
3008 discharging to an injection well must provide basic disinfection
3009 as defined by department rule.
3010 3. On or after July 1, 2010, all new, modified, and
3011 repaired onsite sewage treatment and disposal systems must
3012 provide the level of treatment described in subparagraph 2.
3013 However, in areas scheduled to be served by central sewer by
3014 December 31, 2015, if the property owner has paid a connection
3015 fee or assessment for connection to the central sewer system, an
3016 onsite sewage treatment and disposal system may be repaired to
3017 the following minimum standards:
3018 a. The existing tanks must be pumped and inspected and
3019 certified as being watertight and free of defects in accordance
3020 with department rule; and
3021 b. A sand-lined drainfield or injection well in accordance
3022 with department rule must be installed.
3023 4. Onsite sewage treatment and disposal systems must be
3024 monitored for total nitrogen and total phosphorus concentrations
3025 as required by department rule.
3026 5. The department shall enforce proper installation,
3027 operation, and maintenance of onsite sewage treatment and
3028 disposal systems pursuant to this chapter, including ensuring
3029 that the appropriate level of treatment described in
3030 subparagraph 2. is met.
3031 6. The authority of a local government, including a special
3032 district, to mandate connection of an onsite sewage treatment
3033 and disposal system is governed by section 4 of chapter 99-395,
3034 Laws of Florida.
3035 (5) EVALUATION AND ASSESSMENT.—
3036 (a) Beginning January 1, 2011, the department shall
3037 administer an onsite sewage treatment and disposal system
3038 evaluation program for the purpose of assessing the fundamental
3039 operational condition of systems and identifying any failures
3040 within the systems. The department shall adopt rules
3041 implementing the program standards, procedures, and
3042 requirements, including, but not limited to, a schedule for a 5
3043 year evaluation cycle, requirements for the pump-out of a system
3044 or repair of a failing system, enforcement procedures for
3045 failure of a system owner to obtain an evaluation of the system,
3046 and failure of a contractor to timely submit evaluation results
3047 to the department and the system owner. The department shall
3048 ensure statewide implementation of the evaluation and assessment
3049 program by January 1, 2016.
3050 (b) Owners of an onsite sewage treatment and disposal
3051 system, excluding a system that is required to obtain an
3052 operating permit, shall have the system evaluated at least once
3053 every 5 years to assess the fundamental operational condition of
3054 the system, and identify any failure within the system.
3055 (c) All evaluation procedures must be documented and
3056 nothing in this subsection limits the amount of detail an
3057 evaluator may provide at his or her professional discretion. The
3058 evaluation must include a tank and drainfield evaluation, a
3059 written assessment of the condition of the system, and, if
3060 necessary, a disclosure statement pursuant to the department’s
3061 procedure.
3062 (d)1. Systems being evaluated that were installed prior to
3063 January 1, 1983, shall meet a minimum 6-inch separation from the
3064 bottom of the drainfield to the wettest season water table
3065 elevation as defined by department rule. All drainfield repairs,
3066 replacements or modifications to systems installed prior to
3067 January 1, 1983, shall meet a minimum 12-inch separation from
3068 the bottom of the drainfield to the wettest season water table
3069 elevation as defined by department rule.
3070 2. Systems being evaluated that were installed on or after
3071 January 1, 1983, shall meet a minimum 12-inch separation from
3072 the bottom of the drainfield to the wettest season water table
3073 elevation as defined by department rule. All drainfield repairs,
3074 replacements or modification to systems developed on or after
3075 January 1, 1983, shall meet a minimum 24-inch separation from
3076 the bottom of the drainfield to the wettest season water table
3077 elevation.
3078 (e) If documentation of a tank pump-out or a permitted new
3079 installation, repair, or modification of the system within the
3080 previous 5 years is provided, and states the capacity of the
3081 tank and indicates that the condition of the tank is not a
3082 sanitary or public health nuisance pursuant to department rule,
3083 a pump-out of the system is not required.
3084 (f) Owners are responsible for paying the cost of any
3085 required pump-out, repair, or replacement pursuant to department
3086 rule, and may not request partial evaluation or the omission of
3087 portions of the evaluation.
3088 (g) Each evaluation or pump-out required under this
3089 subsection must be performed by a septic tank contractor or
3090 master septic tank contractor registered under part III of
3091 chapter 489, a professional engineer with wastewater treatment
3092 system experience licensed pursuant to chapter 471, or an
3093 environmental health professional certified under chapter 381 in
3094 the area of onsite sewage treatment and disposal system
3095 evaluation.
3096 (h) The evaluation report fee collected pursuant to s.
3097 381.0066(2)(b) shall be remitted to the department by the
3098 evaluator at the time the report is submitted.
3099 (i) Prior to any evaluation deadline, the department must
3100 provide a minimum of 60 days’ notice to owners that their
3101 systems must be evaluated by that deadline. The department may
3102 include a copy of any homeowner educational materials developed
3103 pursuant to this section which provides information on the
3104 proper maintenance of onsite sewage treatment and disposal
3105 systems.
3106 (6)(5) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.—
3107 (a) Department personnel who have reason to believe
3108 noncompliance exists, may at any reasonable time, enter the
3109 premises permitted under ss. 381.0065-381.0066, or the business
3110 premises of any septic tank contractor or master septic tank
3111 contractor registered under part III of chapter 489, or any
3112 premises that the department has reason to believe is being
3113 operated or maintained not in compliance, to determine
3114 compliance with the provisions of this section, part I of
3115 chapter 386, or part III of chapter 489 or rules or standards
3116 adopted under ss. 381.0065-381.0067, part I of chapter 386, or
3117 part III of chapter 489. As used in this paragraph, the term
3118 “premises” does not include a residence or private building. To
3119 gain entry to a residence or private building, the department
3120 must obtain permission from the owner or occupant or secure an
3121 inspection warrant from a court of competent jurisdiction.
3122 (b)1. The department may issue citations that may contain
3123 an order of correction or an order to pay a fine, or both, for
3124 violations of ss. 381.0065-381.0067, part I of chapter 386, or
3125 part III of chapter 489 or the rules adopted by the department,
3126 when a violation of these sections or rules is enforceable by an
3127 administrative or civil remedy, or when a violation of these
3128 sections or rules is a misdemeanor of the second degree. A
3129 citation issued under ss. 381.0065-381.0067, part I of chapter
3130 386, or part III of chapter 489 constitutes a notice of proposed
3131 agency action.
3132 2. A citation must be in writing and must describe the
3133 particular nature of the violation, including specific reference
3134 to the provisions of law or rule allegedly violated.
3135 3. The fines imposed by a citation issued by the department
3136 may not exceed $500 for each violation. Each day the violation
3137 exists constitutes a separate violation for which a citation may
3138 be issued.
3139 4. The department shall inform the recipient, by written
3140 notice pursuant to ss. 120.569 and 120.57, of the right to an
3141 administrative hearing to contest the citation within 21 days
3142 after the date the citation is received. The citation must
3143 contain a conspicuous statement that if the recipient fails to
3144 pay the fine within the time allowed, or fails to appear to
3145 contest the citation after having requested a hearing, the
3146 recipient has waived the recipient’s right to contest the
3147 citation and must pay an amount up to the maximum fine.
3148 5. The department may reduce or waive the fine imposed by
3149 the citation. In determining whether to reduce or waive the
3150 fine, the department must consider the gravity of the violation,
3151 the person’s attempts at correcting the violation, and the
3152 person’s history of previous violations including violations for
3153 which enforcement actions were taken under ss. 381.0065
3154 381.0067, part I of chapter 386, part III of chapter 489, or
3155 other provisions of law or rule.
3156 6. Any person who willfully refuses to sign and accept a
3157 citation issued by the department commits a misdemeanor of the
3158 second degree, punishable as provided in s. 775.082 or s.
3159 775.083.
3160 7. The department, pursuant to ss. 381.0065-381.0067, part
3161 I of chapter 386, or part III of chapter 489, shall deposit any
3162 fines it collects in the county health department trust fund for
3163 use in providing services specified in those sections.
3164 8. This section provides an alternative means of enforcing
3165 ss. 381.0065-381.0067, part I of chapter 386, and part III of
3166 chapter 489. This section does not prohibit the department from
3167 enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
3168 III of chapter 489, or its rules, by any other means. However,
3169 the department must elect to use only a single method of
3170 enforcement for each violation.
3171 (7) LAND APPLICATION OF SEPTAGE PROHIBITED.—Effective
3172 January 1, 2016, the land application of septage from onsite
3173 sewage treatment and disposal systems is prohibited. By February
3174 1, 2011, the department, in consultation with the Department of
3175 Environmental Protection, shall provide a report to the
3176 Governor, the President of the Senate, and the Speaker of the
3177 House of Representatives, recommending alternative methods to
3178 establish enhanced treatment levels for the land application of
3179 septage from onsite sewage and disposal systems. The report
3180 shall include, but is not limited to, a schedule for the
3181 reduction in land application, appropriate treatment levels,
3182 alternative methods for treatment and disposal, enhanced
3183 application site permitting requirements including any
3184 requirements for nutrient management plans, and the range of
3185 costs to local governments, affected businesses and individuals
3186 for alternative treatment and disposal methods. The report shall
3187 also include any recommendations for legislation or rule
3188 authority needed to reduce land application of septage.
3189 Section 36. Section 381.00656, Florida Statutes, is created
3190 to read:
3191 381.00656 Grant program for repair of onsite sewage
3192 treatment disposal systems.—Effective January 1, 2012, the
3193 department shall administer a grant program to assist owners of
3194 onsite sewage treatment and disposal systems identified pursuant
3195 to s. 381.0065 or the rules adopted thereunder. A grant under
3196 the program may be awarded to an owner only for the purpose of
3197 inspecting, pumping, repairing, or replacing a system serving a
3198 single-family residence occupied by an owner with a family
3199 income of less than or equal to 133 percent of the federal
3200 poverty level at the time of application. The department may
3201 prioritize applications for an award of grant funds based upon
3202 the severity of a system’s failure, its relative environmental
3203 impact, the income of the family, or any combination thereof.
3204 The department shall adopt rules establishing the grant
3205 application and award process, including an application form.
3206 The department shall seek to make grants in each fiscal year
3207 equal to the total amount of grant funds available, with any
3208 excess funds used for grant awards in subsequent fiscal years.
3209 Section 37. Subsection (2) of section 381.0066, Florida
3210 Statutes, is amended to read:
3211 381.0066 Onsite sewage treatment and disposal systems;
3212 fees.—
3213 (2) The minimum fees in the following fee schedule apply
3214 until changed by rule by the department within the following
3215 limits:
3216 (a) Application review, permit issuance, or system
3217 inspection, including repair of a subsurface, mound, filled, or
3218 other alternative system or permitting of an abandoned system: a
3219 fee of not less than $25, or more than $125.
3220 (b) A 5-year evaluation report submitted pursuant to s.
3221 381.0065(5): a fee not less than $15, or more than $30. At least
3222 $1 and no more than $5 collected pursuant to this paragraph
3223 shall be used to fund a grant program established under s.
3224 381.00656.
3225 (c)(b) Site evaluation, site reevaluation, evaluation of a
3226 system previously in use, or a per annum septage disposal site
3227 evaluation: a fee of not less than $40, or more than $115.
3228 (d)(c) Biennial Operating permit for aerobic treatment
3229 units or performance-based treatment systems: a fee of not more
3230 than $100.
3231 (e)(d) Annual operating permit for systems located in areas
3232 zoned for industrial manufacturing or equivalent uses or where
3233 the system is expected to receive wastewater which is not
3234 domestic in nature: a fee of not less than $150, or more than
3235 $300.
3236 (f)(e) Innovative technology: a fee not to exceed $25,000.
3237 (g)(f) Septage disposal service, septage stabilization
3238 facility, portable or temporary toilet service, tank
3239 manufacturer inspection: a fee of not less than $25, or more
3240 than $200, per year.
3241 (h)(g) Application for variance: a fee of not less than
3242 $150, or more than $300.
3243 (i)(h) Annual operating permit for waterless, incinerating,
3244 or organic waste composting toilets: a fee of not less than $50,
3245 or more than $150.
3246 (j)(i) Aerobic treatment unit or performance-based
3247 treatment system maintenance entity permit: a fee of not less
3248 than $25, or more than $150, per year.
3249 (k)(j) Reinspection fee per visit for site inspection after
3250 system construction approval or for noncompliant system
3251 installation per site visit: a fee of not less than $25, or more
3252 than $100.
3253 (l)(k) Research: An additional $5 fee shall be added to
3254 each new system construction permit issued to be used to fund
3255 onsite sewage treatment and disposal system research,
3256 demonstration, and training projects. Five dollars from any
3257 repair permit fee collected under this section shall be used for
3258 funding the hands-on training centers described in s.
3259 381.0065(3)(j).
3260 (m)(l) Annual operating permit, including annual inspection
3261 and any required sampling and laboratory analysis of effluent,
3262 for an engineer-designed performance-based system: a fee of not
3263 less than $150, or more than $300.
3264
3265 On or before January 1, 2011, the Surgeon General, after
3266 consultation with the Revenue Estimating Conference, shall
3267 determine a revenue neutral fee schedule for services provided
3268 pursuant to s. 381.0065(5) within the parameters set in
3269 paragraph (b). Such determination is not subject to the
3270 provisions of chapter 120. The funds collected pursuant to this
3271 subsection must be deposited in a trust fund administered by the
3272 department, to be used for the purposes stated in this section
3273 and ss. 381.0065 and 381.00655.
3274 Section 38. Subsection (9) of section 403.086, Florida
3275 Statutes, is amended, and subsection (10) is added to that
3276 section, to read:
3277 403.086 Sewage disposal facilities; advanced and secondary
3278 waste treatment.—
3279 (9) The Legislature finds that the discharge of domestic
3280 wastewater through ocean outfalls wastes valuable water supplies
3281 that should be reclaimed for beneficial purposes to meet public
3282 and natural systems demands. The Legislature also finds that
3283 discharge of domestic wastewater through ocean outfalls
3284 compromises the coastal environment, quality of life, and local
3285 economies that depend on those resources. The Legislature
3286 declares that more stringent treatment and management
3287 requirements for such domestic wastewater and the subsequent,
3288 timely elimination of ocean outfalls as a primary means of
3289 domestic wastewater discharge are in the public interest.
3290 (a) The construction of new ocean outfalls for domestic
3291 wastewater discharge and the expansion of existing ocean
3292 outfalls for this purpose, along with associated pumping and
3293 piping systems, are prohibited. Each domestic wastewater ocean
3294 outfall shall be limited to the discharge capacity specified in
3295 the department permit authorizing the outfall in effect on July
3296 1, 2008, which discharge capacity shall not be increased.
3297 Maintenance of existing, department-authorized domestic
3298 wastewater ocean outfalls and associated pumping and piping
3299 systems is allowed, subject to the requirements of this section.
3300 The department is directed to work with the United States
3301 Environmental Protection Agency to ensure that the requirements
3302 of this subsection are implemented consistently for all domestic
3303 wastewater facilities in Florida which discharge through ocean
3304 outfalls.
3305 (b) The discharge of domestic wastewater through ocean
3306 outfalls shall meet advanced wastewater treatment and management
3307 requirements no later than December 31, 2018. For purposes of
3308 this subsection, the term “advanced wastewater treatment and
3309 management requirements” means the advanced waste treatment
3310 requirements set forth in subsection (4), a reduction in outfall
3311 baseline loadings of total nitrogen and total phosphorus which
3312 is equivalent to that which would be achieved by the advanced
3313 waste treatment requirements in subsection (4), or a reduction
3314 in cumulative outfall loadings of total nitrogen and total
3315 phosphorus occurring between December 31, 2008, and December 31,
3316 2025, which is equivalent to that which would be achieved if the
3317 advanced waste treatment requirements in subsection (4) were
3318 fully implemented beginning December 31, 2018, and continued
3319 through December 31, 2025. The department shall establish the
3320 average baseline loadings of total nitrogen and total phosphorus
3321 for each outfall using monitoring data available for calendar
3322 years 2003 through 2007 and shall establish required loading
3323 reductions based on this baseline. The baseline loadings and
3324 required loading reductions of total nitrogen and total
3325 phosphorus shall be expressed as an average annual daily loading
3326 value. The advanced wastewater treatment and management
3327 requirements of this paragraph shall be deemed to be met for any
3328 domestic wastewater facility discharging through an ocean
3329 outfall on July 1, 2008, which has installed no later than
3330 December 31, 2018, a fully operational reuse system comprising
3331 100 percent of the facility’s annual average daily flow for
3332 reuse activities authorized by the department.
3333 (c) Each domestic wastewater facility that discharges
3334 through an ocean outfall on July 1, 2008, shall install a
3335 functioning reuse system no later than December 31, 2025. For
3336 purposes of this subsection, a “functioning reuse system” means
3337 an environmentally, economically, and technically feasible
3338 system that provides a minimum of 60 percent of the facility’s
3339 actual flow on an annual basis for irrigation of public access
3340 areas, residential properties, or agricultural crops; aquifer
3341 recharge; groundwater recharge; industrial cooling; or other
3342 acceptable reuse purposes authorized by the department. For
3343 purposes of this subsection, the term “facility’s actual flow on
3344 an annual basis” means the annual average flow of domestic
3345 wastewater discharging through the facility’s ocean outfall, as
3346 determined by the department, using monitoring data available
3347 for calendar years 2003 through 2007. Flows diverted Diversion
3348 of flows from these facilities to other facilities that provide
3349 100 percent reuse of the diverted flows prior to December 31,
3350 2025, shall be considered to contribute to meeting the 60
3351 percent 60-percent reuse requirement. For utilities operating
3352 more than one outfall, the reuse requirement can be met if the
3353 combined actual reuse flows from facilities served by the
3354 outfalls is at least 60 percent of the sum of the total actual
3355 flows from the these facilities, including flows diverted to
3356 other facilities for 100 percent reuse prior to December 31,
3357 2025. In the event treatment in addition to the advanced
3358 wastewater treatment and management requirements described in
3359 paragraph (b) is needed in order to support a functioning reuse
3360 system, such treatment shall be fully operational no later than
3361 December 31, 2025.
3362 (d) The discharge of domestic wastewater through ocean
3363 outfalls is prohibited after December 31, 2025, except as a
3364 backup discharge that is part of a functioning reuse system
3365 authorized by the department as provided for in paragraph (c). A
3366 backup discharge may occur only during periods of reduced demand
3367 for reclaimed water in the reuse system, such as periods of wet
3368 weather, and shall comply with the advanced wastewater treatment
3369 and management requirements of paragraph (b).
3370 (e) The holder of a department permit authorizing the
3371 discharge of domestic wastewater through an ocean outfall as of
3372 July 1, 2008, shall submit to the secretary of the department
3373 the following:
3374 1. A detailed plan to meet the requirements of this
3375 subsection, including an identification of all land acquisition
3376 and facilities necessary to provide for reuse of the domestic
3377 wastewater; an analysis of the costs to meet the requirements;
3378 and a financing plan for meeting the requirements, including
3379 identifying any actions necessary to implement the financing
3380 plan, such as bond issuance or other borrowing, assessments,
3381 rate increases, fees, other charges, or other financing
3382 mechanisms. The plan shall include a detailed schedule for the
3383 completion of all necessary actions and shall be accompanied by
3384 supporting data and other documentation. The plan shall be
3385 submitted no later than July 1, 2013.
3386 2. No later than July 1, 2016, an update of the plan
3387 required in subparagraph 1. documenting any refinements or
3388 changes in the costs, actions, or financing necessary to
3389 eliminate the ocean outfall discharge in accordance with this
3390 subsection or a written statement that the plan is current and
3391 accurate.
3392 (f) By December 31, 2009, and by December 31 every 5 years
3393 thereafter, the holder of a department permit authorizing the
3394 discharge of domestic wastewater through an ocean outfall shall
3395 submit to the secretary of the department a report summarizing
3396 the actions accomplished to date and the actions remaining and
3397 proposed to meet the requirements of this subsection, including
3398 progress toward meeting the specific deadlines set forth in
3399 paragraphs (b) through (e). The report shall include the
3400 detailed schedule for and status of the evaluation of reuse and
3401 disposal options, preparation of preliminary design reports,
3402 preparation and submittal of permit applications, construction
3403 initiation, construction progress milestones, construction
3404 completion, initiation of operation, and continuing operation
3405 and maintenance.
3406 (g) No later than July 1, 2010, and by July 1 every 5 years
3407 thereafter, the department shall submit a report to the
3408 Governor, the President of the Senate, and the Speaker of the
3409 House of Representatives on the implementation of this
3410 subsection. The report shall summarize progress to date,
3411 including the increased amount of reclaimed water provided and
3412 potable water offsets achieved, and identify any obstacles to
3413 continued progress, including all instances of substantial
3414 noncompliance.
3415 (h) By February 1, 2012, the department shall submit a
3416 report to the Governor and Legislature detailing the results and
3417 recommendations from phases 1 through 3 of its ongoing study on
3418 reclaimed water use.
3419 (i)(h) The renewal of each permit that authorizes the
3420 discharge of domestic wastewater through an ocean outfall as of
3421 July 1, 2008, shall be accompanied by an order in accordance
3422 with s. 403.088(2)(e) and (f) which establishes an enforceable
3423 compliance schedule consistent with the requirements of this
3424 subsection.
3425 (j) An entity that diverts wastewater flow from a receiving
3426 facility that discharges domestic wastewater through an ocean
3427 outfall must meet the 60 percent reuse requirement of paragraph
3428 (c). Reuse by the diverting entity of the diverted flows shall
3429 be credited to the diverting entity. The diverted flow shall
3430 also be correspondingly deducted from the receiving facility’s
3431 actual flow on an annual basis from which the required reuse is
3432 calculated pursuant to paragraph (c), and the receiving
3433 facility’s reuse requirement shall be recalculated accordingly.
3434 (10) The Legislature finds that the discharge of
3435 inadequately treated and managed domestic wastewater from dozens
3436 of small wastewater facilities and thousands of septic tanks and
3437 other onsite systems in the Florida Keys compromises the quality
3438 of the coastal environment, including nearshore and offshore
3439 waters, and threatens the quality of life and local economies
3440 that depend on those resources. The Legislature also finds that
3441 the only practical and cost-effective way to fundamentally
3442 improve wastewater management in the Florida Keys is for the
3443 local governments in Monroe County, including those special
3444 districts established for the purpose of collection,
3445 transmission, treatment, or disposal of sewage, to timely
3446 complete the wastewater or sewage treatment and disposal
3447 facilities initiated under the work program of Administration
3448 Commission rule 28-20, Florida Administrative Code, and the
3449 Monroe County Sanitary Master Wastewater Plan, dated June 2000.
3450 The Legislature therefore declares that the construction and
3451 operation of comprehensive central wastewater systems in
3452 accordance with this subsection is in the public interest. To
3453 give effect to those findings, the requirements of this
3454 subsection apply to all domestic wastewater facilities in Monroe
3455 County, including privately owned facilities, unless otherwise
3456 provided under this subsection.
3457 (a) The discharge of domestic wastewater into surface
3458 waters is prohibited.
3459 (b) Monroe County, each municipality, and those special
3460 districts established for the purpose of collection,
3461 transmission, treatment, or disposal of sewage in Monroe County
3462 shall complete the wastewater collection, treatment, and
3463 disposal facilities within its jurisdiction designated as hot
3464 spots in the Monroe County Sanitary Master Wastewater Plan,
3465 dated June 2000, specifically listed in Exhibits 6-1 through 6-3
3466 of Chapter 6 of the plan and mapped in Exhibit F-1 of Appendix F
3467 of the plan. The required facilities and connections, and any
3468 additional facilities or other adjustments required by rules
3469 adopted by the Administration Commission under s. 380.0552, must
3470 be completed by December 31, 2015, pursuant to specific
3471 schedules established by the commission. Domestic wastewater
3472 facilities located outside local government and special district
3473 service areas must meet the treatment and disposal requirements
3474 of this subsection by December 31, 2015.
3475 (c) After December 31, 2015, all new or expanded domestic
3476 wastewater discharges must comply with the treatment and
3477 disposal requirements of this subsection and department rules.
3478 (d) Wastewater treatment facilities having design
3479 capacities:
3480 1. Greater than or equal to 100,000 gallons per day must
3481 provide basic disinfection as defined by department rule and the
3482 level of treatment which, on a permitted annual average basis,
3483 produces an effluent that contains no more than the following
3484 concentrations:
3485 a. Biochemical Oxygen Demand (CBOD5) of 5 mg/l.
3486 b. Suspended Solids of 5 mg/l.
3487 c. Total Nitrogen, expressed as N, of 3 mg/l.
3488 d. Total Phosphorus, expressed as P, of 1 mg/l.
3489 2. Less than 100,000 gallons per day must provide basic
3490 disinfection as defined by department rule and the level of
3491 treatment which, on a permitted annual average basis, produces
3492 an effluent that contains no more than the following
3493 concentrations:
3494 a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
3495 b. Suspended Solids of 10 mg/l.
3496 c. Total Nitrogen, expressed as N, of 10 mg/l.
3497 d. Total Phosphorus, expressed as P, of 1 mg/l.
3498 (e) Class V injection wells, as defined by department or
3499 Department of Health rule, must meet the following requirements
3500 and otherwise comply with department or Department of Health
3501 rules, as applicable:
3502 1. If the design capacity of the facility is less than 1
3503 million gallons per day, the injection well must be at least 90
3504 feet deep and cased to a minimum depth of 60 feet or to such
3505 greater cased depth and total well depth as may be required by
3506 department rule.
3507 2. Except as provided in subparagraph 3. for backup wells,
3508 if the design capacity of the facility is equal to or greater
3509 than 1 million gallons per day, each primary injection well must
3510 be cased to a minimum depth of 2,000 feet or to such greater
3511 depth as may be required by department rule.
3512 3. If an injection well is used as a backup to a primary
3513 injection well, the following conditions apply:
3514 a. The backup well may be used only when the primary
3515 injection well is out of service because of equipment failure,
3516 power failure, or the need for mechanical integrity testing or
3517 repair;
3518 b. The backup well may not be used for more than a total of
3519 500 hours during any 5-year period unless specifically
3520 authorized in writing by the department;
3521 c. The backup well must be at least 90 feet deep and cased
3522 to a minimum depth of 60 feet, or to such greater cased depth
3523 and total well depth as may be required by department rule; and
3524 d. Fluid injected into the backup well must meet the
3525 requirements of paragraph (d).
3526 (f) The requirements of paragraphs (d) and (e) do not apply
3527 to:
3528 1. Class I injection wells as defined by department rule,
3529 including any authorized mechanical integrity tests;
3530 2. Authorized mechanical integrity tests associated with
3531 Class V wells as defined by department rule; or
3532 3. The following types of reuse systems authorized by
3533 department rule:
3534 a. Slow-rate land application systems;
3535 b. Industrial uses of reclaimed water; and
3536 c. Use of reclaimed water for toilet flushing, fire
3537 protection, vehicle washing, construction dust control, and
3538 decorative water features.
3539
3540 However, disposal systems serving as backups to reuse systems
3541 must comply with the other provisions of this subsection.
3542 (g) For wastewater treatment facilities in operation as of
3543 July 1, 2010, which are located within areas to be served by
3544 Monroe County, municipalities in Monroe County, or those special
3545 districts established for the purpose of collection,
3546 transmission, treatment, or disposal of sewage but which are
3547 owned by other entities, the requirements of paragraphs (d) and
3548 (e) do not apply until January 1, 2016. Wastewater operating
3549 permits issued pursuant to this chapter and in effect for these
3550 facilities as of June 30, 2010, are extended until December 31,
3551 2015, or until the facility is connected to a local government
3552 central wastewater system, whichever occurs first. Wastewater
3553 treatment facilities in operation after December 31, 2015, must
3554 comply with the treatment and disposal requirements of this
3555 subsection and department rules.
3556 (h) If it is demonstrated that a discharge, even if the
3557 discharge is otherwise in compliance with this subsection, will
3558 cause or contribute to a violation of state water quality
3559 standards, the department shall:
3560 1. Require more stringent effluent limitations;
3561 2. Order the point or method of discharge changed;
3562 3. Limit the duration or volume of the discharge; or
3563 4. Prohibit the discharge.
3564 (i) All sewage treatment facilities must monitor effluent
3565 for total nitrogen and total phosphorus concentration as
3566 required by department rule.
3567 (j) The department shall require the levels of operator
3568 certification and staffing necessary to ensure proper operation
3569 and maintenance of sewage facilities.
3570 (k) The department may adopt rules necessary to carry out
3571 this subsection.
3572 (l) The authority of a local government, including a
3573 special district, to mandate connection of a wastewater
3574 facility, as defined by department rule, is governed by section
3575 4 of chapter 99-395, Laws of Florida.
3576 Section 39. Section 5 of chapter 99-395, Laws of Florida;
3577 and section 6 of chapter 99-395, Laws of Florida, as amended by
3578 section 1 of chapter 2001-337, and section 1 of chapter 2004
3579 455, Laws of Florida, are repealed.
3580 Section 40. Subsection (2) of section 403.1835, Florida
3581 Statutes, is reordered and amended, and subsections (3) and (10)
3582 of that section are amended, to read:
3583 403.1835 Water pollution control financial assistance.—
3584 (2) As used in For the purposes of this section and s.
3585 403.1837, the term:
3586 (c)(a) “Local governmental agencies” refers to any
3587 municipality, county, district, or authority, or any agency
3588 thereof, or a combination of two or more of the foregoing,
3589 acting jointly in connection with a project having jurisdiction
3590 over collection, transmission, treatment, or disposal of sewage,
3591 industrial wastes, stormwater, or other wastes and includes a
3592 district or authority whose the principal responsibility of
3593 which is to provide airport, industrial or research park, or
3594 port facilities to the public.
3595 (a)(b) “Bonds” means bonds, certificates, or other
3596 obligations of indebtedness issued by the Florida Water
3597 Pollution Control Financing corporation under this section and
3598 s. 403.1837.
3599 (b)(c) “Corporation” means the Florida Water Pollution
3600 Control Financing Corporation created under s. 403.1837.
3601 (3) The department may provide financial assistance through
3602 any program authorized under 33 U.S.C. s. 1383 s.603 of the
3603 Federal Water Pollution Control Act (Clean Water Act), Pub. L.
3604 No. 92-500, as amended, including, but not limited to, making
3605 grants and loans, providing loan guarantees, purchasing loan
3606 insurance or other credit enhancements, and buying or
3607 refinancing local debt. This financial assistance must be
3608 administered in accordance with this section and applicable
3609 federal authorities. The department shall administer all
3610 programs operated from funds secured through the activities of
3611 the Florida Water Pollution Control Financing corporation under
3612 s. 403.1837, to fulfill the purposes of this section.
3613 (a) The department may make or request the corporation to
3614 make loans to local government agencies, which agencies may
3615 pledge any revenue available to them to repay any funds
3616 borrowed.
3617 (b) The department may make or request the corporation to
3618 make loans, grants, and deposits to other entities eligible to
3619 participate in the financial assistance programs authorized
3620 under the Federal Water Pollution Control Act, or as a result of
3621 other federal action, which entities may pledge any revenue
3622 available to them to repay any funds borrowed. Notwithstanding
3623 s. 17.57, the department may make deposits to financial
3624 institutions that which earn less than the prevailing rate for
3625 United States Treasury securities that have with corresponding
3626 maturities for the purpose of enabling such financial
3627 institutions to make below-market interest rate loans to
3628 entities qualified to receive loans under this section and the
3629 rules of the department.
3630 (c) The department shall administer financial assistance so
3631 that at least 15 percent of the funding made available each year
3632 under this section is reserved for use by small communities
3633 during the year it is reserved.
3634 (d) The department may make grants to financially
3635 disadvantaged small communities, as defined in s. 403.1838,
3636 using funds made available from grant allocations on loans
3637 authorized under subsection (4). The grants must be administered
3638 in accordance with s. 403.1838.
3639 (10) The department may adopt rules regarding program
3640 administration; project eligibilities and priorities, including
3641 the development and management of project priority lists;
3642 financial assistance application requirements associated with
3643 planning, design, construction, and implementation activities,
3644 including environmental and engineering requirements; financial
3645 assistance agreement conditions; disbursement and repayment
3646 provisions; auditing provisions; program exceptions; the
3647 procedural and contractual relationship between the department
3648 and the Florida Water Pollution Control Financing corporation
3649 under s. 403.1837; and other provisions consistent with the
3650 purposes of this section.
3651 Section 41. Section 403.1837, Florida Statutes, is amended
3652 to read:
3653 403.1837 Florida Water Pollution Control Financing
3654 Corporation.—
3655 (1) The Florida Water Pollution Control Financing
3656 Corporation is created as a nonprofit public-benefit corporation
3657 for the purpose of financing or refinancing the costs of water
3658 pollution control projects and activities described in ss. s.
3659 403.1835 and 403.8532. The projects and activities described in
3660 those sections that section are found to constitute a public
3661 governmental purpose; are be necessary for the health, safety,
3662 and welfare of all residents; and include legislatively approved
3663 fixed capital outlay projects. Fulfilling The fulfillment of the
3664 purposes of the corporation promotes the health, safety, and
3665 welfare of the people of the state and serves essential
3666 governmental functions and a paramount public purpose. The
3667 activities of the corporation are specifically limited to
3668 assisting the department in implementing financing activities to
3669 provide funding for the programs authorized in ss. s. 403.1835
3670 and 403.8532. All other activities relating to the purposes for
3671 which the corporation raises funds are the responsibility of the
3672 department, including, but not limited to, development of
3673 program criteria, review of applications for financial
3674 assistance, decisions relating to the number and amount of loans
3675 or other financial assistance to be provided, and enforcement of
3676 the terms of any financial assistance agreements provided
3677 through funds raised by the corporation. The corporation shall
3678 terminate upon fulfilling fulfillment of the purposes of this
3679 section.
3680 (2) The corporation shall be governed by a board of
3681 directors consisting of the Governor’s Budget Director or the
3682 budget director’s designee, the Chief Financial Officer or the
3683 Chief Financial Officer’s designee, and the Secretary of
3684 Environmental Protection or the secretary’s designee. The
3685 executive director of the State Board of Administration shall be
3686 the chief executive officer of the corporation; shall direct and
3687 supervise the administrative affairs of the corporation; and
3688 shall control, direct, and supervise operation of the
3689 corporation. The corporation shall have such other officers as
3690 may be determined by the board of directors.
3691 (3) The corporation shall have all the powers of a
3692 corporate body under the laws of the state, consistent to the
3693 extent not inconsistent with or restricted by this section,
3694 including, but not limited to, the power to:
3695 (a) Adopt, amend, and repeal bylaws consistent not
3696 inconsistent with this section.
3697 (b) Sue and be sued.
3698 (c) Adopt and use a common seal.
3699 (d) Acquire, purchase, hold, lease, and convey any real and
3700 personal property as may be proper or expedient to carry out the
3701 purposes of the corporation and this section, and to sell,
3702 lease, or otherwise dispose of that property.
3703 (e) Elect or appoint and employ such officers, agents, and
3704 employees as the corporation considers advisable to operate and
3705 manage the affairs of the corporation, who which officers,
3706 agents, and employees may be officers or employees of the
3707 department and the state agencies represented on the board of
3708 directors of the corporation.
3709 (f) Borrow money and issue notes, bonds, certificates of
3710 indebtedness, or other obligations or evidences of indebtedness
3711 described in s. 403.1835 or s. 403.8532.
3712 (g) Operate, as specifically directed by the department,
3713 any program to provide financial assistance authorized under s.
3714 403.1835(3) or s. 403.8532(3), which may be funded from any
3715 funds received under a service contract with the department,
3716 from the proceeds of bonds issued by the corporation, or from
3717 any other funding sources obtained by the corporation.
3718 (h) Sell all or any portion of the loans issued under s.
3719 403.1835 or s. 403.8532 to accomplish the purposes of those
3720 sections this section and s. 403.1835.
3721 (i) Make and execute any contracts, trust agreements, and
3722 other instruments and agreements necessary or convenient to
3723 accomplish the purposes of the corporation and this section.
3724 (j) Select, retain, and employ professionals, contractors,
3725 or agents, which may include the Division of Bond Finance of the
3726 State Board of Administration, as are necessary or convenient to
3727 enable or assist the corporation in carrying out its purposes
3728 and this section.
3729 (k) Do any act or thing necessary or convenient to carry
3730 out the purposes of the corporation and this section.
3731 (4) The corporation shall evaluate all financial and market
3732 conditions necessary and prudent for the purpose of making
3733 sound, financially responsible, and cost-effective decisions in
3734 order to secure additional funds to fulfill the purposes of this
3735 section and ss. s. 403.1835 and 403.8532.
3736 (5) The corporation may enter into one or more service
3737 contracts with the department under which the corporation shall
3738 provide services to the department in connection with financing
3739 the functions, projects, and activities provided for in ss. s.
3740 403.1835 and 403.8532. The department may enter into one or more
3741 service contracts with the corporation and provide for payments
3742 under those contracts pursuant to s. 403.1835(9) or s. 403.8533,
3743 subject to annual appropriation by the Legislature.
3744 (a) The service contracts may provide for the transfer of
3745 all or a portion of the funds in the Wastewater Treatment and
3746 Stormwater Management Revolving Loan Trust Fund and the Drinking
3747 Water Revolving Loan Trust Fund to the corporation for use by
3748 the corporation for costs incurred by the corporation in its
3749 operations, including, but not limited to, payment of debt
3750 service, reserves, or other costs in relation to bonds issued by
3751 the corporation, for use by the corporation at the request of
3752 the department to directly provide the types of local financial
3753 assistance provided for in ss. s. 403.1835(3) and 403.8532(3),
3754 or for payment of the administrative costs of the corporation.
3755 (b) The department may not transfer funds under any service
3756 contract with the corporation without a specific appropriation
3757 for such purpose in the General Appropriations Act, except for
3758 administrative expenses incurred by the State Board of
3759 Administration or other expenses necessary under documents
3760 authorizing or securing previously issued bonds of the
3761 corporation. The service contracts may also provide for the
3762 assignment or transfer to the corporation of any loans made by
3763 the department.
3764 (c) The service contracts may establish the operating
3765 relationship between the department and the corporation and must
3766 shall require the department to request the corporation to issue
3767 bonds before any issuance of bonds by the corporation, to take
3768 any actions necessary to enforce the agreements entered into
3769 between the corporation and other parties, and to take all other
3770 actions necessary to assist the corporation in its operations.
3771 (d) In compliance with s. 287.0641 and other applicable
3772 provisions of law, the obligations of the department under the
3773 service contracts do not constitute a general obligation of the
3774 state or a pledge of the faith and credit or taxing power of the
3775 state, nor may the obligations be construed in any manner as an
3776 obligation of the State Board of Administration or entities for
3777 which it invests funds, or of the department except as provided
3778 in this section as payable solely from amounts available under
3779 any service contract between the corporation and the department,
3780 subject to appropriation.
3781 (e) In compliance with this subsection and s. 287.0582,
3782 service contracts must expressly include the following
3783 statement: “The State of Florida’s performance and obligation to
3784 pay under this contract is contingent upon an annual
3785 appropriation by the Legislature.”
3786 (6) The corporation may issue and incur notes, bonds,
3787 certificates of indebtedness, or other obligations or evidences
3788 of indebtedness payable from and secured by amounts received
3789 from payment of loans and other moneys received by the
3790 corporation, including, but not limited to, amounts payable to
3791 the corporation by the department under a service contract
3792 entered into under subsection (5). The proceeds of the bonds may
3793 be used for the purpose of providing funds for projects and
3794 activities provided for in subsection (1) or for refunding bonds
3795 previously issued by the corporation. The corporation may select
3796 a financing team and issue obligations through competitive
3797 bidding or negotiated contracts, whichever is most cost
3798 effective. Any Such indebtedness of the corporation does not
3799 constitute a debt or obligation of the state or a pledge of the
3800 faith and credit or taxing power of the state.
3801 (7) The corporation is exempt from taxation and assessments
3802 of any nature whatsoever upon its income and any property,
3803 assets, or revenues acquired, received, or used in the
3804 furtherance of the purposes provided in ss. 403.1835, and
3805 403.1838, and 403.8532. The obligations of the corporation
3806 incurred under subsection (6) and the interest and income on the
3807 obligations and all security agreements, letters of credit,
3808 liquidity facilities, or other obligations or instruments
3809 arising out of, entered into in connection with, or given to
3810 secure payment of the obligations are exempt from all taxation;
3811 however, the exemption does not apply to any tax imposed by
3812 chapter 220 on the interest, income, or profits on debt
3813 obligations owned by corporations.
3814 (8) The corporation shall validate any bonds issued under
3815 this section, except refunding bonds, which may be validated at
3816 the option of the corporation, by proceedings under chapter 75.
3817 The validation complaint must be filed only in the Circuit Court
3818 for Leon County. The notice required under s. 75.06 must be
3819 published in Leon County, and the complaint and order of the
3820 circuit court shall be served only on the State Attorney for the
3821 Second Judicial Circuit. Sections 75.04(2) and 75.06(2) do not
3822 apply to a validation complaint filed as authorized in this
3823 subsection. The validation of the first bonds issued under this
3824 section may be appealed to the Supreme Court, and the appeal
3825 shall be handled on an expedited basis.
3826 (9) The corporation and the department may shall not take
3827 any action that will materially and adversely affects affect the
3828 rights of holders of any obligations issued under this section
3829 as long as the obligations are outstanding.
3830 (10) The corporation is not a special district for purposes
3831 of chapter 189 or a unit of local government for purposes of
3832 part III of chapter 218. The provisions of chapters 120 and 215,
3833 except the limitation on interest rates provided by s. 215.84,
3834 which applies to obligations of the corporation issued under
3835 this section, and part I of chapter 287, except ss. 287.0582 and
3836 287.0641, do not apply to this section, the corporation created
3837 in this section, the service contracts entered into under this
3838 section, or debt obligations issued by the corporation as
3839 provided in this section.
3840 (11) The benefits or earnings of the corporation may not
3841 inure to the benefit of any private person, except persons
3842 receiving grants and loans under s. 403.1835 or s. 403.8532.
3843 (12) Upon dissolution of the corporation, title to all
3844 property owned by the corporation reverts to the department.
3845 (13) The corporation may contract with the State Board of
3846 Administration to serve as trustee with respect to debt
3847 obligations issued by the corporation as provided by this
3848 section; to hold, administer, and invest proceeds of those debt
3849 obligations and other funds of the corporation; and to perform
3850 other services required by the corporation. The State Board of
3851 Administration may perform these services and may contract with
3852 others to provide all or a part of those services and to recover
3853 the costs and expenses of providing those services.
3854 Section 42. Subsections (2), (3), (9), and (14) of section
3855 403.8532, Florida Statutes, are amended to read:
3856 403.8532 Drinking water state revolving loan fund; use;
3857 rules.—
3858 (2) For purposes of this section, the term:
3859 (a) “Bonds” means bonds, certificates, or other obligations
3860 of indebtedness issued by the corporation under this section and
3861 s. 403.1837.
3862 (b) “Corporation” means the Florida Water Pollution Control
3863 Financing Corporation created pursuant to s. 403.1837.
3864 (c)(a) “Financially disadvantaged community” means the
3865 service area of a project to be served by a public water system
3866 that meets criteria established by department rule and in
3867 accordance with federal guidance.
3868 (d)(b) “Local governmental agency” means any municipality,
3869 county, district, or authority, or any agency thereof, or a
3870 combination of two or more of the foregoing acting jointly in
3871 connection with a project, having jurisdiction over a public
3872 water system.
3873 (e)(c) “Public water system” means all facilities,
3874 including land, necessary for the treatment and distribution of
3875 water for human consumption and includes public water systems as
3876 defined in s. 403.852 and as otherwise defined in the federal
3877 Safe Drinking Water Act, as amended. Such systems may be
3878 publicly owned, privately owned, investor-owned, or
3879 cooperatively held.
3880 (f)(d) “Small public water system” means a public water
3881 system that which regularly serves fewer than 10,000 people.
3882 (3) The department may is authorized to make, or request
3883 that the corporation make, loans, grants, and deposits to
3884 community water systems, nonprofit transient noncommunity water
3885 systems, and nonprofit nontransient noncommunity water systems
3886 to assist them in planning, designing, and constructing public
3887 water systems, unless such public water systems are for-profit
3888 privately owned or investor-owned systems that regularly serve
3889 1,500 service connections or more within a single certified or
3890 franchised area. However, a for-profit privately owned or
3891 investor-owned public water system that regularly serves 1,500
3892 service connections or more within a single certified or
3893 franchised area may qualify for a loan only if the proposed
3894 project will result in the consolidation of two or more public
3895 water systems. The department may is authorized to provide loan
3896 guarantees, to purchase loan insurance, and to refinance local
3897 debt through the issue of new loans for projects approved by the
3898 department. Public water systems may are authorized to borrow
3899 funds made available pursuant to this section and may pledge any
3900 revenues or other adequate security available to them to repay
3901 any funds borrowed.
3902 (a) The department shall administer loans so that amounts
3903 credited to the Drinking Water Revolving Loan Trust Fund in any
3904 fiscal year are reserved for the following purposes:
3905 1.(a) At least 15 percent for to qualifying small public
3906 water systems.
3907 2.(b) Up to 15 percent for to qualifying financially
3908 disadvantaged communities.
3909 (b)(c) However, If an insufficient number of the projects
3910 for which funds are reserved under this subsection paragraph
3911 have been submitted to the department at the time the funding
3912 priority list authorized under this section is adopted, the
3913 reservation of these funds shall no longer applies apply. The
3914 department may award the unreserved funds as otherwise provided
3915 in this section.
3916 (9) The department may adopt rules regarding the procedural
3917 and contractual relationship between the department and the
3918 corporation under s. 403.1837 and is authorized to make rules
3919 necessary to carry out the purposes of this section and the
3920 federal Safe Drinking Water Act, as amended. Such rules shall:
3921 (a) Set forth a priority system for loans based on public
3922 health considerations, compliance with state and federal
3923 requirements relating to public drinking water systems, and
3924 affordability. The priority system shall give special
3925 consideration to the following:
3926 1. Projects that provide for the development of alternative
3927 drinking water supply projects and management techniques in
3928 areas where existing source waters are limited or threatened by
3929 saltwater intrusion, excessive drawdowns, contamination, or
3930 other problems;
3931 2. Projects that provide for a dependable, sustainable
3932 supply of drinking water and that are not otherwise financially
3933 feasible; and
3934 3. Projects that contribute to the sustainability of
3935 regional water sources.
3936 (b) Establish the requirements for the award and repayment
3937 of financial assistance.
3938 (c) Require evidence of credit worthiness and adequate
3939 security, including an identification of revenues to be pledged,
3940 and documentation of their sufficiency for loan repayment and
3941 pledged revenue coverage, to ensure that each loan recipient can
3942 meet its loan repayment requirements.
3943 (d) Require each project receiving financial assistance to
3944 be cost-effective, environmentally sound, implementable, and
3945 self-supporting.
3946 (e) Implement other provisions of the federal Safe Drinking
3947 Water Act, as amended.
3948 (14) All moneys available for financial assistance under
3949 this section shall be deposited in The Drinking Water Revolving
3950 Loan Trust Fund established under s. 403.8533 shall be used
3951 exclusively to carry out the purposes of this section. Any funds
3952 that therein which are not needed on an immediate basis for
3953 financial assistance shall be invested pursuant to s. 215.49.
3954 State revolving fund capitalization grants awarded by the
3955 Federal Government, state matching funds, and investment
3956 earnings thereon shall be deposited into the fund. The principal
3957 and interest of all loans repaid and investment earnings thereon
3958 shall be deposited into the fund.
3959 Section 43. Section 403.8533, Florida Statutes, is amended
3960 to read:
3961 403.8533 Drinking Water Revolving Loan Trust Fund.—
3962 (1) There is created the Drinking Water Revolving Loan
3963 Trust Fund to be administered by the Department of Environmental
3964 Protection for the purposes of:
3965 (a) Funding for low-interest loans for planning,
3966 engineering design, and construction of public drinking water
3967 systems and improvements to such systems;
3968 (b) Funding for compliance activities, operator
3969 certification programs, and source water protection programs;
3970 and
3971 (c) Funding for administering loans by the department; and.
3972 (d) Paying amounts payable under any service contract
3973 entered into by the department under s. 403.1837, subject to
3974 annual appropriation by the Legislature.
3975 (2) The trust fund shall be used for the deposit of all
3976 moneys awarded by the Federal Government to fund revolving loan
3977 programs. All moneys in the fund that are not needed on an
3978 immediate basis for loans shall be invested pursuant to s.
3979 215.49. The principal and interest of all loans repaid and
3980 investment earnings shall be deposited into this fund.
3981 (3) Pursuant to s. 19(f)(3), Art. III of the State
3982 Constitution, the Drinking Water Revolving Loan Trust Fund is
3983 exempt from the termination provisions of s. 19(f)(2), Art. III
3984 of the State Constitution.
3985 Section 44. Subsection (6) of section 369.317, Florida
3986 Statutes, is amended to read:
3987 369.317 Wekiva Parkway.—
3988 (6) The Orlando-Orange County Expressway Authority is
3989 hereby granted the authority to act as a third-party acquisition
3990 agent, pursuant to s. 259.041 on behalf of the Board of Trustees
3991 or chapter 373 on behalf of the governing board of the St. Johns
3992 River Water Management District, for the acquisition of all
3993 necessary lands, property and all interests in property
3994 identified herein, including fee simple or less-than-fee simple
3995 interests. The lands subject to this authority are identified in
3996 paragraph 10.a., State of Florida, Office of the Governor,
3997 Executive Order 03-112 of July 1, 2003, and in Recommendation 16
3998 of the Wekiva Basin Area Task Force created by Executive Order
3999 2002-259, such lands otherwise known as Neighborhood Lakes, a
4000 1,587+/- acre parcel located in Orange and Lake Counties within
4001 Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
4002 and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
4003 Seminole Woods/Swamp, a 5,353+/- acre parcel located in Lake
4004 County within Section 37, Township 19 South, Range 28 East; New
4005 Garden Coal; a 1,605+/- acre parcel in Lake County within
4006 Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
4007 East; Pine Plantation, a 617+/- acre tract consisting of eight
4008 individual parcels within the Apopka City limits. The Department
4009 of Transportation, the Department of Environmental Protection,
4010 the St. Johns River Water Management District, and other land
4011 acquisition entities shall participate and cooperate in
4012 providing information and support to the third-party acquisition
4013 agent. The land acquisition process authorized by this paragraph
4014 shall begin no later than December 31, 2004. Acquisition of the
4015 properties identified as Neighborhood Lakes, Pine Plantation,
4016 and New Garden Coal, or approval as a mitigation bank shall be
4017 concluded no later than December 31, 2010. Department of
4018 Transportation and Orlando-Orange County Expressway Authority
4019 funds expended to purchase an interest in those lands identified
4020 in this subsection shall be eligible as environmental mitigation
4021 for road construction related impacts in the Wekiva Study Area.
4022 If any of the lands identified in this subsection are used as
4023 environmental mitigation for road construction related impacts
4024 incurred by the Department of Transportation or Orlando-Orange
4025 County Expressway Authority, or for other impacts incurred by
4026 other entities, within the Wekiva Study Area or within the
4027 Wekiva parkway alignment corridor, and if the mitigation offsets
4028 these impacts, the St. Johns River Water Management District and
4029 the Department of Environmental Protection shall consider the
4030 activity regulated under part IV of chapter 373 to meet the
4031 cumulative impact requirements of s. 373.414(8)(a).
4032 Section 45. Paragraph (m) is added to subsection (1) of
4033 section 553.77, Florida Statutes, to read:
4034 553.77 Specific powers of the commission.—
4035 (1) The commission shall:
4036 (m) Develop recommendations that result in conservation of
4037 Florida’s water resources. The commission must consider products
4038 that exceed National Energy Policy Act requirements for water
4039 use and may consider products certified by the Environmental
4040 Protection Agency’s WaterSense program, the Department of
4041 Energy’s Energy Star program, or other certification programs.
4042 Section 46. Subsection (20) is added to section 215.47,
4043 Florida Statutes, to read:
4044 215.47 Investments; authorized securities; loan of
4045 securities.—Subject to the limitations and conditions of the
4046 State Constitution or of the trust agreement relating to a trust
4047 fund, moneys available for investments under ss. 215.44-215.53
4048 may be invested as follows:
4049 (20) The State Board of Administration, consistent with its
4050 fiduciary duties, may invest net assets of the system trust fund
4051 in projects deemed eligible under the provisions of s. 373.707.
4052 Section 47. Subsection (8) is added to section 373.129,
4053 Florida Statutes, to read:
4054 373.129 Maintenance of actions.—The department, the
4055 governing board of any water management district, any local
4056 board, or a local government to which authority has been
4057 delegated pursuant to s. 373.103(8), is authorized to commence
4058 and maintain proper and necessary actions and proceedings in any
4059 court of competent jurisdiction for any of the following
4060 purposes:
4061 (8) In conflicts arising where a water management district
4062 is a party to litigation against another governmental entity, as
4063 defined in s. 164.1031, a district has an affirmative duty to
4064 engage in alternative dispute resolution in good faith as
4065 required by chapter 164.
4066 Section 48. Paragraph (b) of subsection (9) of section
4067 403.707, Florida Statutes, is amended to read:
4068 403.707 Permits.—
4069 (9) The department shall establish a separate category for
4070 solid waste management facilities that accept only construction
4071 and demolition debris for disposal or recycling. The department
4072 shall establish a reasonable schedule for existing facilities to
4073 comply with this section to avoid undue hardship to such
4074 facilities. However, a permitted solid waste disposal unit that
4075 receives a significant amount of waste prior to the compliance
4076 deadline established in this schedule shall not be required to
4077 be retrofitted with liners or leachate control systems.
4078 (b) The department shall not require liners and leachate
4079 collection systems at individual disposal units and lateral
4080 expansions of existing disposal units that have not received a
4081 department permit authorizing construction or operation prior to
4082 July 1, 2010, facilities unless the owner or operator it
4083 demonstrates, based upon the types of waste received, the
4084 methods for controlling types of waste disposed of, the
4085 proximity of the groundwater and surface water, and the results
4086 of the hydrogeological and geotechnical investigations, that the
4087 facility is not reasonably expected to result in violations of
4088 the groundwater standards and criteria if built without a liner
4089 otherwise.
4090 Section 49. Section 298.66, Florida Statutes, is amended to
4091 read:
4092 298.66 Obstruction of public drainage canals, etc.,
4093 prohibited; damages; penalties.—
4094 (1) A No person may not willfully, or otherwise, obstruct
4095 any public canal, drain, ditch or watercourse or damage or
4096 destroy any public drainage works constructed in or maintained
4097 by any district.
4098 (2)(1) Any person who shall willfully obstructs obstruct
4099 any public canal, drain, ditch, or watercourse or damages or
4100 destroys shall damage or destroy any public drainage works
4101 constructed in or maintained by any district, shall be liable to
4102 any person injured thereby for the full amount of the injury
4103 occasioned to any land or crops or other property by reason of
4104 such misconduct, and shall be liable to the district
4105 constructing the drainage said work for double the cost of
4106 removing such obstruction or repairing such damage.
4107 (3)(2) Any person who Whoever shall willfully, or
4108 otherwise, obstructs obstruct any public canal, drain, ditch, or
4109 watercourse, impedes or obstructs or impede or obstruct the flow
4110 of water therein, or damages or destroys shall damage or destroy
4111 any public drainage works constructed in or maintained by any
4112 district commits shall be guilty of a felony of the third
4113 degree, punishable as provided in s. 775.082, s. 775.083, or s.
4114 775.084.
4115 Section 50. It is the intent of the Legislature that the
4116 creation of part VII of chapter 373, Florida Statutes, is to
4117 reorganize certain existing provisions of part I of chapter 373,
4118 Florida Statutes, and does not make any substantive changes to
4119 existing law or judicial interpretation thereof. It is further
4120 the intent of the Legislature that any legislation enacted
4121 during the 2010 Regular Session and any extension thereof
4122 affecting ss. 373.0361, 373.0391, 373.0831, 373.196, 373.1961,
4123 373.1962, and 373.1963, Florida Statutes, either before or after
4124 this act becomes law, be given full force and effect
4125 substantively and that such new substantive provisions of law
4126 shall be integrated into ss. 373.703, 373.705, 373.707, 373.709,
4127 373.711, 373.713, and 373.715, Florida Statutes, as created by
4128 this act.
4129 Section 51. This act shall take effect July 1, 2010.