HB 1459, Engrossed 2 2003
1	A bill to be entitled
2	An act relating to water resources; amending s. 159.803,
3	F.S.; revising the definition of "priority project";
4	amending s. 163.3167, F.S.; requiring local governments to
5	include projected water use in comprehensive plans;
6	amending s. 367.081, F.S.; revising procedure for fixing
7	and changing rates to include the recovery of costs of
8	alternative water supply facilities; amending s. 367.0814,
9	F.S.; revising limit on the amount of revenues received by
10	a utility to qualify for staff assistance in changing
11	rates or charges; creating s. 373.227, F.S.; providing for
12	the development of a water conservation guidance manual by
13	the Department of Environmental Protection; providing for
14	purpose and contents of the manual and requirements with
15	respect thereto; requiring the Department of Environmental
16	Protection to adopt the manual by rule by a specified
17	date; providing program requirements for public water
18	supply utilities that choose to design a comprehensive
19	water conservation program based on the water conservation
20	guidance manual; amending s. 373.0361, F.S.; providing for
21	a public workshop on the development of regional water
22	supply plans that include the consideration of population
23	projections; providing for a list of water source options
24	in regional water supply plans; providing additional
25	regional water supply plan components; including
26	conservation measures in regional water supply plans;
27	revising specified reporting requirements of the
28	Department of Environmental Protection; providing that a
29	district water management plan may not be used as criteria
30	for the review of permits for consumptive uses of water
31	unless the plan or applicable portion thereof has been
32	adopted by rule; providing construction; amending s.
33	373.0831, F.S.; revising the criteria by which water
34	supply development projects may receive priority
35	consideration for funding assistance; providing for
36	permitting and funding of a proposed alternative water
37	supply project identified in the relevant approved
38	regional water supply plan; amending s. 373.1961, F.S.;
39	providing funding priority; providing for the
40	establishment of a revolving loan fund for alternative
41	water supply projects; providing conditions for certain
42	projects to receive funding assistance; amending s.
43	373.1963, F.S.; prohibiting the West Coast Regional Water
44	Supply Authority from seeking permits from the South
45	Florida Water Management District for the consumptive use
46	of water from groundwater in a specified area; amending s.
47	373.223, F.S.; requiring the Department of Environmental
48	Protection and the water management districts to submit
49	specified recommendations to the Legislature; creating s.
50	373.2231, F.S.; directing the Southwest Florida Water
51	Management District to conduct a comprehensive study of
52	the cumulative impacts of the existing and projected
53	demands on the water resources of the Peace River
54	watershed; providing for a report; creating s. 373.2234,
55	F.S.; authorizing the governing board of a water
56	management district to adopt rules identifying certain
57	preferred water supply sources; providing requirements
58	with respect to such rules; providing construction;
59	amending s. 373.250, F.S.; authorizing water management
60	districts to require the use of reclaimed water in lieu of
61	surface or groundwater when the use of uncommitted
62	reclaimed water is environmentally, economically, and
63	technically feasible; providing construction with respect
64	to such authority; amending s. 373.536, F.S.; expanding
65	requirements of the 5-year water resource development work
66	program for water management districts; providing
67	legislative findings and intent with regard to landscape
68	irrigation design; requiring water management districts to
69	develop landscape irrigation and xeriscape design
70	standards; providing for individual water meters in
71	certain establishments; providing exceptions; amending s.
72	378.212, F.S.; providing for the granting of a variance
73	from pt. III of ch. 378, F.S., relating to phosphate land
74	reclamation, for specified reclamation, and from pt. IV of
75	ch. 373, for certain projects under described
76	circumstances; amending s. 378.404, F.S.; authorizing the
77	department to grant variances from the provisions of part
78	IV of chapter 378 to accommodate reclamation that provides
79	for water supply development or water resource development
80	under specified circumstances; amending s. 403.064, F.S.;
81	revising provisions relating to reuse feasibility studies;
82	providing for metering use of reclaimed water and volume-
83	based rates therefor; requiring wastewater utilities to
84	submit plans for metering use and volume-based rate
85	structures to the department; creating s. 403.0645, F.S.;
86	providing for reclaimed water use at state facilities;
87	requiring reports; amending s. 403.1835, F.S.; authorizing
88	the Department of Environmental Protection to make
89	specified deposits for the purpose of enabling below-
90	market interest rate loans for treatment of polluted
91	water; providing for development of rate structures for
92	alternative water supply systems; providing criteria;
93	amending s. 403.1837, F.S.; deleting certain restrictions
94	on the issuance of bonds by the Florida Water Pollution
95	Control Financing Corporation; providing for a study of
96	the feasibility of discharging reclaimed wastewater into
97	canals and the aquifer system in a specified area as an
98	environmentally acceptable means of accomplishing
99	described objectives; requiring reports; providing
100	authority for local governments to impose a residential
101	acquisition fee by ordinance or resolution; prohibiting
102	imposition of a fee in an area where a fee has been
103	approved by another local government; providing for a
104	referendum; providing a fee schedule; providing procedures
105	for collection of fees; providing for utilization of
106	funds; requiring the county and municipalities to divide
107	funds pursuant to agreement; providing a time limit on
108	local government authorization to impose or collect
109	certain fees; amending s. 163.01, F.S.; providing
110	applicability of provisions relating to ownership and
111	operation of utilities by entities composed of
112	municipalities and counties; prescribing powers of
113	counties and specified municipalities with respect to
114	acquisition of water utilities and wastewater utilities by
115	separate legal entities composed of municipalities and
116	counties; authorizing the Public Service Commission to
117	review the acquisition of a utility by two or more host
118	governments; providing for a binding arbitration process
119	under the Public Service Commission to resolve certain
120	disputes relating to utility acquisition; authorizing the
121	commission to adopt rules; requiring the Public Service
122	Commission to establish rules that base the acquisition
123	price for a host government to acquire a utility on
124	certain information; amending s. 120.52, F.S.; deleting an
125	exception from the requirements of ch. 120, F.S., for an
126	entity created under s. 163.01(7)(g)1., F.S.; amending s.
127	367.021, F.S.; excluding an entity created under s.
128	163.01(7)(g)1., F.S., from the definition of "governmental
129	authority"; amending s. 367.071, F.S.; deleting a
130	provision authorizing a utility to be sold or transferred
131	prior to approval of the Public Service Commission with a
132	contingency clause in the contract; providing
133	severability; providing legislative findings with respect
134	to loss of property values due to the proximity of a
135	regional water reservoir; authorizing a cause of action
136	for a property owner; specifying a period during which a
137	property owner may present a claim for compensation to the
138	regional water supply authority that constructs, operates,
139	and maintains the reservoir; providing requirements for
140	the offer of compensation by a regional water supply
141	authority; providing for judicial review under the Bert J.
142	Harris, Jr., Private Property Rights Protection Act;
143	providing for an award of costs and attorney's fees;
144	providing for future repeal of the section; providing for
145	applicability; providing effective dates.
146
147	Be It Enacted by the Legislature of the State of Florida:
148
149	Section 1. Subsection (5) of section 159.803, Florida
150	Statutes, is amended to read:
151	159.803 Definitions.--As used in this part, the term:
152	(5) "Priority project" means a solid waste disposal
153	facility or a sewage facility, as such terms are defined in s.
154	142 of the Code, or water facility, as defined in s. 142 of the
155	Code, which is operated by a member-owned, not-for-profit
156	utility,or any project which is to be located in an area which
157	is an enterprise zone designated pursuant to s. 290.0065.
158	Section 2. Subsection (13) is added to section 163.3167,
159	Florida Statutes, to read:
160	163.3167 Scope of act.--
161	(13) Each local government shall address in its
162	comprehensive plan, as enumerated in this chapter, the water
163	supply projects necessary to meet and achieve the existing and
164	projected water use demand for the established planning period,
165	considering the applicable plan developed pursuant to s.
166	373.0361.
167	Section 3. Subsection (2) of section 367.081, Florida
168	Statutes, is amended to read:
169	367.081 Rates; procedure for fixing and changing.--
170	(2)(a)1. The commission shall, either upon request or upon
171	its own motion, fix rates which are just, reasonable,
172	compensatory, and not unfairly discriminatory. In every such
173	proceeding, the commission shall consider the value and quality
174	of the service and the cost of providing the service, which
175	shall include, but not be limited to, debt interest; the
176	requirements of the utility for working capital; maintenance,
177	depreciation, tax, and operating expenses incurred in the
178	operation of all property used and useful in the public service;
179	and a fair return on the investment of the utility in property
180	used and useful in the public service. Pursuant to s.
181	373.1961(2)(l), the commission shall allow recovery of the full,
182	prudently incurred costs of alternative water supply facilities.
183	However, the commission shall not allow the inclusion of
184	contributions-in-aid-of-construction in the rate base of any
185	utility during a rate proceeding, nor shall the commission
186	impute prospective future contributions-in-aid-of-construction
187	against the utility's investment in property used and useful in
188	the public service; and accumulated depreciation on such
189	contributions-in-aid-of-construction shall not be used to reduce
190	the rate base, nor shall depreciation on such contributed assets
191	be considered a cost of providing utility service.
192	2. For purposes of such proceedings, the commission shall
193	consider utility property, including land acquired or facilities
194	constructed or to be constructed within a reasonable time in the
195	future, not to exceed 24 months after the end of the historic
196	base year used to set final rates unless a longer period is
197	approved by the commission, to be used and useful in the public
198	service, if:
199	a. Such property is needed to serve current customers;
200	b. Such property is needed to serve customers 5 years
201	after the end of the test year used in the commission's final
202	order on a rate request as provided in subsection (6) at a
203	growth rate for equivalent residential connections not to exceed
204	5 percent per year; or
205	c. Such property is needed to serve customers more than 5
206	full years after the end of the test year used in the
207	commission's final order on a rate request as provided in
208	subsection (6) only to the extent that the utility presents
209	clear and convincing evidence to justify such consideration.
210
211	Notwithstanding the provisions of this paragraph, the commission
212	shall approve rates for service which allow a utility to recover
213	from customers the full amount of environmental compliance
214	costs. Such rates may not include charges for allowances for
215	funds prudently invested or similar charges. For purposes of
216	this requirement, the term "environmental compliance costs"
217	includes all reasonable expenses and fair return on any prudent
218	investment incurred by a utility in complying with the
219	requirements or conditions contained in any permitting,
220	enforcement, or similar decisions of the United States
221	Environmental Protection Agency, the Department of Environmental
222	Protection, a water management district, or any other
223	governmental entity with similar regulatory jurisdiction.
224	(b) In establishing initial rates for a utility, the
225	commission may project the financial and operational data as set
226	out in paragraph (a) to a point in time when the utility is
227	expected to be operating at a reasonable level of capacity.
228	Section 4. Subsection (1) of section 367.0814, Florida
229	Statutes, is amended to read:
230	367.0814 Staff assistance in changing rates and charges;
231	interim rates.--
232	(1) The commission may establish rules by which a water or
233	wastewater utility whose gross annual revenues are $200,000
234	$150,000or less may request and obtain staff assistance for the
235	purpose of changing its rates and charges. A utility may request
236	staff assistance by filing an application with the commission.
237	Section 5. Section 373.227, Florida Statutes, is created
238	to read:
239	373.227 Water conservation guidance manual.--
240	(1) The Legislature recognizes that the proper
241	conservation of water is an important means of achieving the
242	economical and efficient utilization of water necessary to
243	constitute a reasonable-beneficial use. The Legislature
244	encourages the development and use of water conservation
245	measures that are effective, flexible, and affordable. In the
246	context of the use of water for public supply provided by a
247	water utility, the Legislature intends for a variety of
248	conservation measures to be available and used to encourage
249	efficient water use. The Legislature finds that the social,
250	economic, and cultural conditions of this state relating to the
251	use of public water supply vary by geographic region, and thus
252	water utilities must have the flexibility to tailor water
253	conservation measures to best suit their individual
254	circumstances. For purposes of this section, the term “public
255	water supply utility” shall include both publicly owned and
256	privately owned public water supply utilities.
257	(2) In order to implement the findings in subsection (1),
258	the Department of Environmental Protection shall develop a water
259	conservation guidance manual containing a menu of water
260	conservation measures from which public water supply utilities
261	may select in the development of a comprehensive, goal-based
262	water conservation program tailored for their individual service
263	areas that is effective and does not impose undue costs or
264	burdens on customers. The water conservation guidance manual
265	shall promote statewide consistency in the approach to utility
266	conservation while maintaining appropriate flexibility. The
267	manual may contain measures such as: water conservation audits,
268	informative billing practices to educate customers on their
269	patterns of water use, the costs of water, and ways to conserve
270	water; ordinances requiring low-flow plumbing fixtures and
271	efficient landscape irrigation; rebate programs for the
272	installation of water-saving plumbing or appliances; general
273	water conservation educational programs including bill inserts;
274	measures to promote the more effective and efficient reuse of
275	reclaimed water; water conservation or drought rate structures
276	that encourage customers to conserve water through appropriate
277	price signals; and programs to apply utility profits generated
278	through conservation and drought rates to additional water
279	conservation programs or water supply development. The manual
280	shall specifically state that it is the responsibility of the
281	appropriate utility to determine the specific rates it will
282	charge its customers and that the role of the department or
283	water management district is confined to the review of those
284	rate structures to determine whether they encourage water
285	conservation. The water conservation guidance manual shall also
286	state that a utility need not adopt a water conservation or
287	drought rate structure if the utility employs other measures
288	that are equally or more effective. The manual shall provide for
289	different levels of complexity and expected levels of effort in
290	conservation programs depending on the size of the utility.
291	However, all utilities will be expected to have at least basic
292	programs in each of the following areas:
293	(a) Individual metering, to the extent feasible as
294	determined by the utility.
295	(b) Water accounting and loss control.
296	(c) Cost of service accounting.
297	(d) Information programs on water conservation.
298	(e) Landscaping water efficiency programs.
299	(3) The Department of Environmental Protection shall
300	develop the water conservation guidance manual no later than
301	June 15, 2004. The department shall develop the manual in
302	consultation with interested parties, which, at a minimum, shall
303	include representatives from the water management districts,
304	three utilities that are members of the American Water Works
305	Association, two utilities that are members of the Florida Water
306	Environment Association, a representative of the Florida Chamber
307	of Commerce, representatives of counties and municipalities, and
308	representatives of environmental organizations. By December 15,
309	2004, the department shall adopt the water conservation guidance
310	manual by rule. Once the department adopts the water
311	conservation guidance manual by rule, the water management
312	districts may apply the manual and any revisions thereto in the
313	review of water conservation requirements for obtaining a permit
314	pursuant to part II without the need to adopt the manual
315	pursuant to s. 120.54. Once the water conservation guidance
316	manual is adopted by rule, a public water supply utility may
317	choose to comply with the standard water conservation
318	requirements adopted by the appropriate water management
319	district for obtaining a consumptive use permit from that
320	district, or may choose to develop a comprehensive, goal-based
321	water conservation program from the options contained in the
322	manual. If the utility chooses to design a comprehensive water
323	conservation program based on the water conservation guidance
324	manual, the proposed program must include the following:
325	(a) An inventory of water system characteristics and
326	conservation opportunities.
327	(b) Demand forecasts.
328	(c) An explanation of the proposed program.
329	(d) Specific numeric water conservation targets for the
330	utility as a whole and for appropriate customer classes, with a
331	justification of why the numeric targets are appropriate based
332	on that utility’s particular customer characteristics and
333	conservation opportunities.
334	(e) A demonstration that the program will promote
335	effective water conservation at least as well as standard water
336	use conservation requirements adopted by the appropriate water
337	management district.
338	(f) A timetable for the utility and the water management
339	district to evaluate progress in meeting the water conservation
340	targets and making needed program modifications.
341	(4) If the utility provides reasonable assurance that the
342	proposed conservation program is consistent with the water
343	conservation guidance manual and contains the elements specified
344	in subsection (3), then the water management district shall
345	approve the proposed program and the program shall satisfy water
346	conservation requirements imposed as a condition of obtaining a
347	permit under part II. The department, in consultation with the
348	parties specified in subsection (3), may periodically amend or
349	revise the water conservation guidance manual rule as
350	appropriate to reflect changed circumstances or new technologies
351	or approaches. The findings and provisions in this section shall
352	not be construed to apply to users of water other than public
353	and private water supply utilities.
354	Section 6. Subsections (1), (2), (5), and (6) of section
355	373.0361, Florida Statutes, are amended to read:
356	373.0361 Regional water supply planning.--
357	(1) By October 1, 1998, the governing board shall initiate
358	water supply planning for each water supply planning region
359	identified in the district water management plan under s.
360	373.036, where it determines that sources of water are not
361	adequate for the planning period to supply water for all
362	existing and projected reasonable-beneficial uses and to sustain
363	the water resources and related natural systems. The planning
364	must be conducted in an open public process, in coordination and
365	cooperation with local governments, regional water supply
366	authorities, government-owned and privately owned water
367	utilities, self-suppliers, and other affected and interested
368	parties. During development but prior to completion of the
369	regional water supply plan, the district must conduct at least
370	one public workshop to discuss the technical data and modeling
371	tools anticipated to be used to support the plan.A
372	determination by the governing board that initiation of a
373	regional water supply plan for a specific planning region is not
374	needed pursuant to this section shall be subject to s. 120.569.
375	The governing board shall reevaluate such a determination at
376	least once every 5 years and shall initiate a regional water
377	supply plan, if needed, pursuant to this subsection.
378	(2) Each regional water supply plan shall be based on at
379	least a 20-year planning period and shall include, but not be
380	limited to:
381	(a) A water supply development component that includes:
382	1. A quantification of the water supply needs for all
383	existing and reasonably projected future uses within the
384	planning horizon. The level-of-certainty planning goal
385	associated with identifying the water supply needs of existing
386	and future reasonable-beneficial uses shall be based upon
387	meeting those needs for a 1-in-10-year drought event. Population
388	projections used for determining public water supply needs shall
389	be based upon the best available data. In determining the best
390	available data, the district shall consider the University of
391	Florida’s Bureau of Economic and Business Research (BEBR) medium
392	population projections and any population projection data and
393	analysis submitted by a local government pursuant to the public
394	workshop described in subsection (1) when such data and analysis
395	support the local government’s comprehensive plan. Any
396	adjustment of or deviation from the BEBR projections shall be
397	fully described and the original BEBR data shall be presented
398	along with the adjusted data.
399	2. A list of water source options for water supply
400	development, including traditional and alternative source
401	optionssources, from which local government, government-owned
402	and privately owned utilities, self-suppliers, and others may
403	choose, for water supply development, the total capacity of
404	which will, in conjunction with water conservation and other
405	demand management measures,exceed the needs identified in
406	subparagraph 1.
407	3. For each option listed in subparagraph 2., the
408	estimated amount of water available for use and the estimated
409	costs of and potential sources of funding for water supply
410	development.
411	4. A list of water supply development projects that meet
412	the criteria in s. 373.0831(4).
413	(b) A water resource development component that includes:
414	1. A listing of those water resource development projects
415	that support water supply development.
416	2. For each water resource development project listed:
417	a. An estimate of the amount of water to become available
418	through the project.
419	b. The timetable for implementing or constructing the
420	project and the estimated costs for implementing, operating, and
421	maintaining the project.
422	c. Sources of funding and funding needs.
423	d. Who will implement the project and how it will be
424	implemented.
425	(c) The recovery and prevention strategy described in s.
426	373.0421(2).
427	(d) A funding strategy for water resource development
428	projects, which shall be reasonable and sufficient to pay the
429	cost of constructing or implementing all of the listed projects.
430	(e) Consideration of how the options addressed in
431	paragraphs (a) and (b) serve the public interest or save costs
432	overall by preventing the loss of natural resources or avoiding
433	greater future expenditures for water resource development or
434	water supply development. However, unless adopted by rule, these
435	considerations do not constitute final agency action.
436	(f) The technical data and information applicable to the
437	planning region which are contained in the district water
438	management plan and are necessary to support the regional water
439	supply plan.
440	(g) The minimum flows and levels established for water
441	resources within the planning region.
442	(h) Reservations of water adopted by rule pursuant to s.
443	373.223(4).
444	(i) An analysis, developed in cooperation with the
445	department, of areas or instances in which the variance
446	provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to
447	create water supply development or water resource development
448	projects.
449
450	Within boundaries of a regional water supply authority, those
451	parts of the water supply development component of the regional
452	water supply plan which deal with or affect public utilities and
453	public water supply shall be developed jointly by such authority
454	and the district for those areas served by the authority and its
455	member governments.
456	(5) By November 15, 1997, and Annually and in conjunction
457	with the reporting requirements of s. 373.536(6)(a)4.
458	thereafter, the department shall submit to the Governor and the
459	Legislature a report on the status of regional water supply
460	planning in each district. The report shall include:
461	(a) A compilation of the estimated costs of and potential
462	sources of funding for water resource development and water
463	supply development projects, as identified in the water
464	management district regional water supply plans.
465	(b) A description of each district's progress toward
466	achieving its water resource development objectives, as directed
467	by s. 373.0831(3), including the district's implementation of
468	its 5-year water resource development work program.
469	(c) An assessment of the overall progress being made to
470	develop water supply that is consistent with regional water
471	supply plans to meet existing and future reasonable-beneficial
472	needs during a 1-in-10-year drought.
473	(6) Nothing contained in the water supply development
474	component of the district water management plan shall be
475	construed to require local governments, government-owned or
476	privately owned water utilities, self-suppliers, or other water
477	suppliers to select a water supply development option identified
478	in the component merely because it is identified in the plan,
479	nor may the plan be used in the review of permits under part II
480	unless the plan, or an applicable portion thereof, has been
481	adopted by rule. However, this subsection does not prohibit a
482	water management district from employing the data or other
483	information used to establish the plan in reviewing permits
484	under part II, nor shall itnotbe construed to limit the
485	authority of the department or governing board under part II.
486	Section 7. Subsection (3) of section 373.0831, Florida
487	Statutes, is amended, and paragraph (c) is added to subsection
488	(4) of said section, to read:
489	373.0831 Water resource development; water supply
490	development.--
491	(3) The water management districts shall fund and
492	implement water resource development as defined in s. 373.019.
493	The water management districts are encouraged to implement water
494	resource development as expeditiously as possible in areas
495	subject to regional water supply plans.Each governing board
496	shall include in its annual budget the amount needed for the
497	fiscal year to implement water resource development projects, as
498	prioritized in its regional water supply plans.
499	(4)
500	(c) If a proposed alternative water supply development
501	project is identified in the relevant approved regional water
502	supply plan, the project shall receive:
503	1. A 20-year consumptive use permit, if it otherwise meets
504	the permit requirements under ss. 373.223 and 373.236 and rules
505	adopted thereunder.
506	2. Priority funding pursuant to s. 373.1961(2) if the
507	project meets one of two criteria in s. 373.0831(4).
508	Section 8. Subsection (2) of section 373.1961, Florida
509	Statutes, is amended to read:
510	373.1961 Water production.--
511	(2) The Legislature finds that, due to a combination of
512	factors, vastly increased demands have been placed on natural
513	supplies of fresh water, and that, absent increased development
514	of alternative water supplies, such demands may increase in the
515	future. The Legislature also finds that potential exists in the
516	state for the production of significant quantities of
517	alternative water supplies, including reclaimed water, and that
518	water production includes the development of alternative water
519	supplies, including reclaimed water, for appropriate uses. It is
520	the intent of the Legislature that utilities develop reclaimed
521	water systems, where reclaimed water is the most appropriate
522	alternative water supply option, to deliver reclaimed water to
523	as many users as possible through the most cost-effective means,
524	and to construct reclaimed water system infrastructure to their
525	owned or operated properties and facilities where they have
526	reclamation capability. It is also the intent of the Legislature
527	that the water management districts which levy ad valorem taxes
528	for water management purposes should share a percentage of those
529	tax revenues with water providers and users, including local
530	governments, water, wastewater, and reuse utilities, municipal,
531	industrial, and agricultural water users, and other public and
532	private water users, to be used to supplement other funding
533	sources in the development of alternative water supplies. The
534	Legislature finds that public moneys or services provided to
535	private entities for such uses constitute public purposes which
536	are in the public interest. In order to further the development
537	and use of alternative water supply systems, including reclaimed
538	water systems, the Legislature provides the following:
539	(a) The governing boards of the water management districts
540	where water resource caution areas have been designated shall
541	include in their annual budgets an amount for the development of
542	alternative water supply systems, including reclaimed water
543	systems, pursuant to the requirements of this subsection.
544	Beginning in 1996, such amounts shall be made available to water
545	providers and users no later than December 31 of each year,
546	through grants, matching grants, revolving loans, or the use of
547	district lands or facilities pursuant to the requirements of
548	this subsection and guidelines established by the districts. In
549	making grants or loans, funding priority shall be given to
550	projects in accordance with s. 373.0831(4). Without diminishing
551	amounts available through other means described in this
552	paragraph, the governing boards are encouraged to consider
553	establishing revolving loan funds to expand the total funds
554	available to accomplish the objectives of this section. A
555	revolving loan fund created pursuant to this paragraph shall be
556	a nonlapsing fund from which the water management district may
557	make loans with interest rates below prevailing market rates to
558	public or private entities for the purposes described in this
559	section. The governing board may adopt resolutions to establish
560	revolving loan funds which shall specify the details of the
561	administration of the fund, the procedures for applying for
562	loans from the fund, the criteria for awarding loans from the
563	fund, the initial capitalization of the fund, and the goals for
564	future capitalization of the fund in subsequent budget years.
565	Revolving loan funds created pursuant to this paragraph shall be
566	used to expand the total sums and sources of cooperative funding
567	available for the development of alternative water supplies. The
568	Legislature does not intend for the creation of revolving loan
569	trust funds to supplant or otherwise reduce existing sources or
570	amounts of funds currently available through other means.
571	(b) It is the intent of the Legislature that for each
572	reclaimed water utility, or any other utility, which receives
573	funds pursuant to this subsection, the appropriate rate-setting
574	authorities should develop rate structures for all water,
575	wastewater, and reclaimed water and other alternative water
576	supply utilities in the service area of the funded utility,
577	which accomplish the following:
578	1. Provide meaningful progress toward the development and
579	implementation of alternative water supply systems, including
580	reclaimed water systems;
581	2. Promote the conservation of fresh water withdrawn from
582	natural systems;
583	3. Provide for an appropriate distribution of costs for
584	all water, wastewater, and alternative water supply utilities,
585	including reclaimed water utilities, among all of the users of
586	those utilities; and
587	4. Prohibit rate discrimination within classes of utility
588	users.
589	(c) Funding assistance provided by the water management
590	districts for a water reuse system project shall include the
591	following grant or loan conditions for that project when the
592	water management district determines such conditions will
593	encourage water use efficiency:
594	1. Metering of reclaimed water use for the following
595	activities: residential irrigation, agricultural irrigation,
596	industrial uses except for electric utilities as defined in s.
597	366.02(2), golf course irrigation, landscape irrigation,
598	irrigation of other public access areas, commercial and
599	institutional uses such as toilet flushing, and transfers to
600	other reclaimed water utilities.
601	2. Implementation of reclaimed water rate structures based
602	on actual use of reclaimed water for the types of reuse
603	activities listed in subparagraph 1.
604	3. Implementation of education programs to inform the
605	public about water issues, water conservation, and the
606	importance and proper use of reclaimed water.
607	4. Development of location data for key reuse facilities.
608	(d)(c)In order to be eligible for funding pursuant to
609	this subsection, a project must be consistent with a local
610	government comprehensive plan and the governing body of the
611	local government must require all appropriate new facilities
612	within the project's service area to connect to and use the
613	project's alternative water supplies. The appropriate local
614	government must provide written notification to the appropriate
615	district that the proposed project is consistent with the local
616	government comprehensive plan.
617	(e)(d)Any and all revenues disbursed pursuant to this
618	subsection shall be applied only for the payment of capital or
619	infrastructure costs for the construction of alternative water
620	supply systems that provide alternative water supplies.
621	(f)(e)By January 1 of each year, the governing boards
622	shall make available written guidelines for the disbursal of
623	revenues pursuant to this subsection. Such guidelines shall
624	include at minimum:
625	1. An application process and a deadline for filing
626	applications annually.
627	2. A process for determining project eligibility pursuant
628	to the requirements of paragraphs (d)(c) and (e)(d).
629	3. A process and criteria for funding projects pursuant to
630	this subsection that cross district boundaries or that serve
631	more than one district.
632	(g)(f)The governing board of each water management
633	district shall establish an alternative water supplies grants
634	advisory committee to recommend to the governing board projects
635	for funding pursuant to this subsection. The advisory committee
636	members shall include, but not be limited to, one or more
637	representatives of county, municipal, and investor-owned private
638	utilities, and may include, but not be limited to,
639	representatives of agricultural interests and environmental
640	interests. Each committee member shall represent his or her
641	interest group as a whole and shall not represent any specific
642	entity. The committee shall apply the guidelines and project
643	eligibility criteria established by the governing board in
644	reviewing proposed projects. After one or more hearings to
645	solicit public input on eligible projects, the committee shall
646	rank the eligible projects and shall submit them to the
647	governing board for final funding approval. The advisory
648	committee may submit to the governing board more projects than
649	the available grant money would fund.
650	(h)(g)All revenues made available annually pursuant to
651	this subsection must be encumbered annually by the governing
652	board if it approves projects sufficient to expend the available
653	revenues. Funds must be disbursed within 36 months after
654	encumbrance.
655	(i)(h)For purposes of this subsection, alternative water
656	supplies are supplies of water that have been reclaimed after
657	one or more public supply, municipal, industrial, commercial, or
658	agricultural uses, or are supplies of stormwater, or brackish or
659	salt water, that have been treated in accordance with applicable
660	rules and standards sufficient to supply the intended use.
661	(j)(i)This subsection shall not be subject to the
662	rulemaking requirements of chapter 120.
663	(k)(j)By January 30 of each year, each water management
664	district shall submit an annual report to the Governor, the
665	President of the Senate, and the Speaker of the House of
666	Representatives which accounts for the disbursal of all budgeted
667	amounts pursuant to this subsection. Such report shall describe
668	all projects funded and shall account separately for moneys
669	provided through grants, matching grants, revolving loans, and
670	the use of district lands or facilities.
671	(l)(k)The Florida Public Service Commission shall allow
672	entities under its jurisdiction constructing alternative water
673	supply facilities, including but not limited to aquifer storage
674	and recovery wells, to recover the full, prudently incurred cost
675	of such facilities through their rate structure. Every component
676	of an alternative water supply facility constructed by an
677	investor-owned utility shall be recovered in current rates.
678	Section 9. Subsection (9) is added to section 373.1963,
679	Florida Statutes, to read:
680	373.1963 Assistance to West Coast Regional Water Supply
681	Authority.--
682	(9) It is the intent of the Legislature that wetland areas
683	in northeastern Hillsborough County which have not yet been
684	adversely impacted by groundwater withdrawals for consumptive
685	use not be subject to groundwater withdrawals by the development
686	of wellfields by the authority. In order to protect the
687	wetlands in this area, the authority is hereby prohibited from
688	seeking permits from the Southwest Florida Water Management
689	District for the consumptive use of water from groundwater in
690	northeastern Hillsborough County north of Knights Griffin Road
691	and east of State Road 39.
692	Section 10. Subsection (5) is added to section 373.223,
693	Florida Statutes, to read:
694	373.223 Conditions for a permit.--
695	(5) The Legislature finds that the issuance of consumptive
696	use permits has a direct relation to efficient and effective
697	water resource development. The Legislature further finds that
698	the management of consumptive use permits has a direct relation
699	to efficient and effective water supply development. To help
700	identify the changes necessary to better utilize these permits,
701	the Legislature directs that the Department of Environmental
702	Protection and each water management district submit
703	recommendations to the appropriate substantive committees of
704	each house of the Legislature by December 1, 2003. The
705	recommendations shall identify alternative methods of extending
706	the use of existing water resources, including, but not limited
707	to, the potential rights of existing permitholders to share
708	water allocated under a consumptive use permit. The department
709	and the districts are encouraged to use public hearings to
710	gather information and shall include information provided by
711	basin boards and regional water supply authorities.
712	Section 11. Section 373.2231, Florida Statutes, is created
713	to read:
714	373.2231 Peace River comprehensive study.--The Legislature
715	acknowledges that there are many and varied demands on the
716	available water supplies on the Peace River watershed from
717	industry, agriculture, and commercial and residential
718	development. The cumulative impact of all these demands has the
719	potential to significantly reduce the fresh water flows and
720	levels in the Peace River. Accordingly, the Legislature hereby
721	directs the Southwest Florida Water Management District to
722	conduct a comprehensive study of the cumulative impacts of the
723	existing and projected demands on the water resources of the
724	Peace River watershed. The study shall be completed and a report
725	of the study submitted to the Governor, the President of the
726	Senate, and the Speaker of the House of Representatives by June
727	1, 2004.
728	Section 12. Section 373.2234, Florida Statutes, is created
729	to read:
730	373.2234 Preferred water supply sources.--The governing
731	board of the district is authorized to adopt rules identifying
732	preferred water supply sources for which there is sufficient
733	data to establish that the source can be used to provide a
734	substantial new water supply to meet existing and reasonably
735	anticipated water needs in a water supply planning region
736	identified pursuant to s. 373.0361(1) while sustaining the water
737	resources and related natural systems. Such rules shall, at a
738	minimum, contain a description of the source and an assessment
739	of the water the source is projected to produce. If a
740	consumptive use permit applicant proposes to use such a source
741	consistent with the assessment, the proposed use shall be
742	subject to the provisions of s. 373.223(1), but such proposed
743	use shall be a factor deemed to be consistent with the public
744	interest pursuant to s. 373.223(1)(c). A consumptive use permit
745	issued approving the use of such a source shall be for at least
746	20 years and may be subject to the provisions of s. 373.226(3).
747	However, nothing in this section shall be construed to provide
748	that the use of nonpreferred sources must receive a permit
749	duration of less than 20 years or that such nonpreferred sources
750	are not consistent with the public interest.
751	Section 13. Paragraph (c) is added to subsection (2) of
752	section 373.250, Florida Statutes, to read:
753	373.250 Reuse of reclaimed water.--
754	(2)
755	(c) A water management district may require the use of
756	reclaimed water in lieu of surface water or groundwater when the
757	use of uncommitted reclaimed water is environmentally,
758	economically, and technically feasible. However, while
759	recognizing that the state’s surface water and groundwater are
760	public resources, nothing in this paragraph shall be construed
761	to give a water management district the authority to require a
762	provider of reclaimed water to redirect reclaimed water from one
763	user to another or to provide uncommitted water to a specific
764	user if such water is anticipated to be used by the provider, or
765	a different user selected by the provider, within a reasonable
766	amount of time.
767	Section 14. Paragraph (a) of subsection (6) of section
768	373.536, Florida Statutes, is amended to read:
769	373.536 District budget and hearing thereon.--
770	(6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
771	WATER RESOURCE DEVELOPMENT WORK PROGRAM.--
772	(a) Each district must, by the date specified for each
773	item, furnish copies of the following documents to the Governor,
774	the President of the Senate, the Speaker of the House of
775	Representatives, the chairs of all legislative committees and
776	subcommittees having substantive or fiscal jurisdiction over the
777	districts, as determined by the President of the Senate or the
778	Speaker of the House of Representatives as applicable, the
779	secretary of the department, and the governing board of each
780	county in which the district has jurisdiction or derives any
781	funds for the operations of the district:
782	1. The adopted budget, to be furnished within 10 days
783	after its adoption.
784	2. A financial audit of its accounts and records, to be
785	furnished within 10 days after its acceptance by the governing
786	board. The audit must be conducted in accordance with the
787	provisions of s. 11.45 and the rules adopted thereunder. In
788	addition to the entities named above, the district must provide
789	a copy of the audit to the Auditor General within 10 days after
790	its acceptance by the governing board.
791	3. A 5-year capital improvements plan, to be furnished
792	within 45 days after the adoption of the final budget. The plan
793	must include expected sources of revenue for planned
794	improvements and must be prepared in a manner comparable to the
795	fixed capital outlay format set forth in s. 216.043.
796	4. A 5-year water resource development work program to be
797	furnished within 45 days after the adoption of the final budget.
798	The program must describe the district's implementation strategy
799	for the water resource development component of each approved
800	regional water supply plan developed or revised under s.
801	373.0361. The work program must address all the elements of the
802	water resource development component in the district's approved
803	regional water supply plans and must identify which projects in
804	the work program will provide water, explain how each water
805	resource development project will produce additional water
806	available for consumptive uses, estimate the quantity of water
807	to be produced by each project, and provide an assessment of the
808	contribution of the district’s regional water supply plans in
809	providing sufficient water to meet the water supply needs of
810	existing and future reasonable-beneficial uses for a 1-in-10-
811	year drought event. Within 45 days after its submittal, the
812	department shall review the proposed work program and submit its
813	findings, questions, and comments to the district. The review
814	must include a written evaluation of the program's consistency
815	with the furtherance of the district's approved regional water
816	supply plans, and the adequacy of proposed expenditures. As part
817	of the review, the department shall give interested parties the
818	opportunity to provide written comments on each district's
819	proposed work program. Within 60 days after receipt of the
820	department's evaluation, the governing board shall state in
821	writing to the department which changes recommended in the
822	evaluation it will incorporate into its work program or specify
823	the reasons for not incorporating the changes. The department
824	shall include the district's responses in a final evaluation
825	report and shall submit a copy of the report to the Governor,
826	the President of the Senate, and the Speaker of the House of
827	Representatives.
828	(b) If any entity listed in paragraph (a) provides written
829	comments to the district regarding any document furnished under
830	this subsection, the district must respond to the comments in
831	writing and furnish copies of the comments and written responses
832	to the other entities.
833	Section 15. Landscape irrigation design.--
834	(1) The Legislature finds that multiple areas throughout
835	the state have been identified by water management districts as
836	water resource caution areas, which indicates that in the near
837	future water demand in those areas will exceed the current
838	available water supply and that conservation is one of the
839	mechanisms by which future water demand will be met.
840	(2) The Legislature finds that landscape irrigation
841	comprises a significant portion of water use and that the
842	current typical landscape irrigation system and xeriscape
843	designs offer significant potential water conservation benefits.
844	(3) It is the intent of the Legislature to improve
845	landscape irrigation water use efficiency by ensuring landscape
846	irrigation systems meet or exceed minimum design criteria.
847	(4) The water management districts shall develop and adopt
848	by rule landscape irrigation and xeriscape design standards for
849	new construction that incorporate a landscape irrigation system.
850	The standards shall be based on the irrigation code defined in
851	the Florida Building Code, Plumber’s Volume, Appendix F. Such
852	design standards should promote the effective and efficient use
853	of irrigation water and include a consideration of local
854	demographic, hydrologic, and other considerations as they apply
855	to landscape irrigation water use. When adopting an ordinance or
856	regulation, local governments shall use these approved
857	irrigation design standards.
858	(5) The water management districts shall work with the
859	Florida Chapter of the American Society of Landscape Architects,
860	the Florida Irrigation Society, the Florida Nurserymen and
861	Growers Association, the Department of Agriculture and Consumer
862	Services, the Institute of Food and Agricultural Sciences, the
863	Department of Environmental Protection, the Florida League of
864	Cities, and the Florida Association of Counties to develop
865	scientifically-based model guidelines for urban, commercial, and
866	residential landscape irrigation, including drip irrigation, for
867	plants, trees, sod, and other landscaping. Local governments
868	shall use the scientific information when developing landscape
869	irrigation ordinances or guidelines. Every 3 years, the
870	agencies and entities specified in this subsection shall review
871	the model guidelines to determine whether new research findings
872	require a change or modification of the guidelines.
873	Section 16. Water metering.--Where economically and
874	logistically feasible, individual water meters shall be required
875	for each new separate occupancy unit of commercial
876	establishments; multifamily residential buildings; condominiums
877	and cooperatives; marinas; and trailer, mobile home, and
878	recreational vehicle parks for which construction is commenced
879	after July 1, 2003. The applicable water utility is not required
880	to assume ownership, maintenance, or billing responsibility for
881	any submeters resulting from such individual metering. A utility
882	may require a master meter at such establishments for purposes
883	of billing a single entity, whereupon the entity may in turn
884	bill the owners of the individual submeters. Individual water
885	meters shall not be required:
886	(1) In those portions of a commercial establishment where
887	the floor space dimensions or physical configuration of the
888	units is subject to alteration as evidenced by nonstructural
889	element partition walls, unless the utility determines that
890	adequate provisions can be made to modify the metering to
891	accurately reflect such alterations.
892	(2) For water used in specialized-use housing such as
893	hospitals, nursing homes, assisted living facilities,
894	convalescent homes, facilities certified under chapter 651,
895	Florida Statutes, government financed or subsidized housing for
896	the elderly or disabled, college dormitories, convents, sorority
897	houses, fraternity houses, motels, hotels, or similar
898	facilities.
899	(3) For separate specifically designated areas for
900	overnight occupancy at trailer, mobile home, and recreational
901	vehicle parks where permanent residency is not established and
902	for marinas where living on board is prohibited by ordinance,
903	deed restriction, or other permanent means.
904	(4) For sites in mobile home parks that were permitted for
905	occupancy by the Department of Health prior to July 1, 2003.
906	(5) For timeshare developments, provided that all of the
907	occupancy units are committed to a timeshare plan as defined in
908	and regulated by chapter 721, Florida Statutes, and none of the
909	occupancy units is used for permanent occupancy.
910	Section 17. Paragraph (g) is added to subsection (1) of
911	section 378.212, Florida Statutes, to read:
912	378.212 Variances.--
913	(1) Upon application, the secretary may grant a variance
914	from the provisions of this part or the rules adopted pursuant
915	thereto. Variances and renewals thereof may be granted for any
916	one of the following reasons:
917	(g) To accommodate reclamation that provides water supply
918	development or water resource development not inconsistent with
919	the applicable regional water supply plan approved pursuant to
920	s. 373.0361, provided adverse impacts are not caused to the
921	water resources in the basin. A variance may also be granted
922	from the requirements of part IV of chapter 373, or the rules
923	adopted thereunder, when a project provides an improvement in
924	water availability in the basin and does not cause adverse
925	impacts to water resources in the basin.
926	Section 18. Subsection (9) is added to section 378.404,
927	Florida Statutes, to read:
928	378.404 Department of Environmental Protection; powers and
929	duties.--The department shall have the following powers and
930	duties:
931	(9) To grant variances from the provisions of this part to
932	accommodate reclamation that provides for water supply
933	development or water resource development not inconsistent with
934	the applicable regional water supply plan approved pursuant to
935	s. 373.0361, appropriate stormwater management, improved
936	wildlife habitat, recreation, or a mixture thereof, provided
937	adverse impacts are not caused to the water resources in the
938	basin and public health and safety are not adversely affected.
939	Section 19. Subsections (1) and (6) of section 403.064,
940	Florida Statutes, are amended, and subsection (16) is added to
941	said section, to read:
942	403.064 Reuse of reclaimed water.--
943	(1) The encouragement and promotion of water conservation,
944	and reuse of reclaimed water, as defined by the department, are
945	state objectives and are considered to be in the public
946	interest. The Legislature finds that the reuse of reclaimed
947	water is a critical component of meeting the state's existing
948	and future water supply needs while sustaining natural systems.
949	The Legislature further finds that for those wastewater
950	treatment plants permitted and operated under an approved reuse
951	program by the department, the reclaimed water shall be
952	considered environmentally acceptable and not a threat to public
953	health and safety. The Legislature encourages the development of
954	incentive-based programs for reuse implementation.
955	(6) A reuse feasibility study prepared under subsection
956	(2) satisfies a water management district requirement to conduct
957	a reuse feasibility study imposed on a local government or
958	utility that has responsibility for wastewater management. The
959	data included in the study and the study’s conclusions shall be
960	given significant consideration by the applicant and the
961	appropriate water management district in an analysis of the
962	economic, environmental, and technical feasibility of providing
963	reclaimed water for reuse under part II of chapter 373, and
964	shall be presumed relevant to the determination of feasibility.
965	A water management district shall not require a separate study
966	when a reuse feasibility study has been completed under
967	subsection (2).
968	(16) Utilities implementing reuse projects are encouraged,
969	except in the case of use by electric utilities as defined in s.
970	366.02(2), to meter use of reclaimed water by all end users and,
971	to charge for the use of reclaimed water based on the actual
972	volume used when such metering and charges can be shown to
973	encourage water conservation. Metering and the use of volume-
974	based rates are effective water management tools for the
975	following reuse activities: residential irrigation, agricultural
976	irrigation, industrial uses, golf course irrigation, landscape
977	irrigation, irrigation of other public access areas, commercial
978	and institutional uses such as toilet flushing, and transfers to
979	other reclaimed water utilities. Beginning with the submittal
980	due on January 1, 2004, each domestic wastewater utility that
981	provides reclaimed water for the reuse activities listed in this
982	section shall include a summary of its metering and rate
983	structure as part of its annual reuse report to the department.
984	Section 20. Section 403.0645, Florida Statutes, is created
985	to read:
986	403.0645 Reclaimed water use at state facilities.--
987	(1) The encouragement and promotion of reuse of reclaimed
988	water has been established as a state objective in ss. 373.250
989	and 403.064. Reuse has become an integral part of water and
990	wastewater management in Florida, and Florida is recognized as a
991	national leader in water reuse.
992	(2) The state and various state agencies and water
993	management districts should take a leadership role in using
994	reclaimed water in lieu of other water sources. Use of reclaimed
995	water by state agencies and facilities will conserve potable
996	water and will serve an important public education function.
997	(3) All state agencies and water management districts are
998	directed to use reclaimed water to the greatest extent
999	practicable for landscape irrigation, toilet flushing, aesthetic
1000	features such as decorative ponds and fountains, cooling water,
1001	and other useful purposes allowed by department rules at state
1002	facilities, including, but not limited to, parks, rest areas,
1003	visitor welcome centers, buildings, college campuses, and other
1004	facilities.
1005	(4) Each state agency and water management district shall
1006	submit to the Secretary of Environmental Protection by February
1007	1 of each year a summary of activities designed to utilize
1008	reclaimed water at its facilities along with a summary of the
1009	amounts of reclaimed water actually used for beneficial
1010	purposes.
1011	Section 21. Paragraph (b) of subsection (3) of section
1012	403.1835, Florida Statutes, is amended, and subsection (12) is
1013	added to said section, to read:
1014	403.1835 Water pollution control financial assistance.--
1015	(3) The department may provide financial assistance
1016	through any program authorized under s. 603 of the Federal Water
1017	Pollution Control Act (Clean Water Act), Pub. L. No. 92-500, as
1018	amended, including, but not limited to, making grants and loans,
1019	providing loan guarantees, purchasing loan insurance or other
1020	credit enhancements, and buying or refinancing local debt. This
1021	financial assistance must be administered in accordance with
1022	this section and applicable federal authorities. The department
1023	shall administer all programs operated from funds secured
1024	through the activities of the Florida Water Pollution Control
1025	Financing Corporation under s. 403.1837, to fulfill the purposes
1026	of this section.
1027	(b) The department may make or request the corporation to
1028	make loans, grants, and deposits to other entities eligible to
1029	participate in the financial assistance programs authorized
1030	under the Federal Water Pollution Control Act, or as a result of
1031	other federal action, which entities may pledge any revenue
1032	available to them to repay any funds borrowed. Notwithstanding
1033	s. 18.10, the department may make deposits to financial
1034	institutions that earn less than the prevailing rate for United
1035	States Treasury securities with corresponding maturities for the
1036	purpose of enabling such financial institutions to make below-
1037	market interest rate loans to entities qualified to receive
1038	loans under this section and the rules of the department.
1039	(12)(a) It is the intent of the Legislature that for each
1040	reclaimed water utility or any other utility that receives funds
1041	pursuant to this subsection, the appropriate rate-setting
1042	authorities should develop rate structures for all water,
1043	wastewater, and reclaimed water and other alternative water
1044	supply utilities in the service area of the funded utility which
1045	accomplish the following:
1046	1. Provide meaningful progress toward the development and
1047	implementation of alternative water supply systems, including
1048	reclaimed water systems.
1049	2. Promote the conservation of fresh water withdrawn from
1050	natural systems.
1051	3. Provide for an appropriate distribution of costs for
1052	all water, wastewater, and alternative water supply utilities,
1053	including reclaimed water utilities, among all of the users of
1054	those utilities.
1055	(b) Funding assistance provided for a water reuse system
1056	project shall include the following loan conditions for that
1057	project where such conditions will encourage water use
1058	efficiency:
1059	1. Metering of reclaimed water use for the following
1060	activities: residential irrigation, agricultural irrigation,
1061	industrial uses except for electric utilities as defined in s.
1062	366.02(2), golf course irrigation, landscape irrigation,
1063	irrigation of other public access areas, and commercial uses.
1064	2. Implementation of reclaimed water rate structures based
1065	on actual use of reclaimed water for the reuse types listed in
1066	subparagraph 1.
1067	3. Implementation of education programs to inform the
1068	public about water issues, water conservation, and the
1069	importance and proper use of reclaimed water.
1070	Section 22. Subsection (6) of section 403.1837, Florida
1071	Statutes, is amended to read:
1072	403.1837 Florida Water Pollution Control Financing
1073	Corporation.--
1074	(6) The corporation may issue and incur notes, bonds,
1075	certificates of indebtedness, or other obligations or evidences
1076	of indebtedness payable from and secured by amounts received
1077	from payment of loans and other moneys received by the
1078	corporation, including, but not limited to, amounts payable to
1079	the corporation by the department under a service contract
1080	entered into under subsection (5). The corporation may not issue
1081	bonds in excess of an amount authorized by general law or an
1082	appropriations act except to refund previously issued bonds. The
1083	corporation may issue bonds in amounts not exceeding $50 million
1084	in fiscal year 2000-2001, $75 million in fiscal year 2001-2002,
1085	and $100 million in fiscal year 2002-2003.The proceeds of the
1086	bonds may be used for the purpose of providing funds for
1087	projects and activities provided for in subsection (1) or for
1088	refunding bonds previously issued by the corporation. The
1089	corporation may select a financing team and issue obligations
1090	through competitive bidding or negotiated contracts, whichever
1091	is most cost-effective. Any such indebtedness of the corporation
1092	does not constitute a debt or obligation of the state or a
1093	pledge of the faith and credit or taxing power of the state.
1094	Section 23. The Legislature finds that, within the area
1095	identified in the Lower East Coast Regional Water Supply Plan
1096	approved by the South Florida Water Management District pursuant
1097	to s. 373.0361, Florida Statutes, the groundwater levels can
1098	benefit from augmentation. The Legislature finds that the direct
1099	or indirect discharge of reclaimed water into canals and the
1100	aquifer system for transport and subsequent reuse may provide an
1101	environmentally acceptable means to augment water supplies and
1102	enhance natural systems; however, the Legislature also
1103	recognizes that there are water quality and water quantity
1104	issues that must be better understood and resolved. In addition,
1105	there are cost savings possible by collocating enclosed conduits
1106	for conveyance of water for reuse in this area within canal
1107	rights-of-way that should be investigated. Toward that end, the
1108	Department of Environmental Protection, in consultation with the
1109	South Florida Water Management District, Southeast Florida
1110	utilities, affected local governments, including local
1111	governments with principal responsibility for the operation and
1112	maintenance of a water control system capable of conveying
1113	reclaimed wastewater for reuse, representatives of the
1114	environmental and engineering communities, public health
1115	professionals, and individuals having expertise in water
1116	quality, shall conduct a study to investigate the feasibility of
1117	discharging reclaimed wastewater into canals and the aquifer
1118	system as an environmentally acceptable means of augmenting
1119	groundwater supplies, enhancing natural systems, and conveying
1120	reuse water within enclosed conduits within the canal right-of-
1121	way. The study shall include an assessment of the water quality,
1122	water supply, public health, technical, and legal implications
1123	related to the canal discharge and collocation concepts. The
1124	department shall issue a preliminary written report containing
1125	draft findings and recommendations for public comment by
1126	November 1, 2003. The department shall provide a written report
1127	on the results of its study to the Governor and the relevant
1128	substantive committees of the House of Representatives and the
1129	Senate by January 31, 2004. Nothing in this section shall be
1130	used to alter the purpose of the Comprehensive Everglades
1131	Restoration Plan or the implementation of the Water Resources
1132	Development Act of 2000.
1133	Section 24. Authority to adopt ordinance or resolution;
1134	amount of fee; referendum; disbursement.--
1135	(1) Any local government that contains an area or part of
1136	an area designated as an area of critical state concern under s.
1137	380.05, Florida Statutes, may adopt a resolution or ordinance
1138	for imposition and collection of a residential acquisition fee
1139	in the area of critical state concern. A local government may
1140	not adopt an ordinance or resolution to collect a residential
1141	acquisition fee in any area where another local government has
1142	already passed an ordinance or resolution imposing the fee
1143	unless the fee has expired or has failed to be approved by the
1144	electorate. The fee shall be assessed in accordance with the
1145	schedule set forth in subsection (2) of section 24. The
1146	authorization provided in this section shall be construed to be
1147	general law authorization pursuant to s. 1, Art. VII of the
1148	State Constitution.
1149	(2) Such ordinance or resolution must be approved by a
1150	majority of the qualified electors in the affected area of
1151	critical state concern. The ordinance or resolution for fee
1152	adoption must establish the date, time, and place of the
1153	referendum and provide appropriate ballot language, including,
1154	but not limited to, the fee schedule set forth in subsection (2)
1155	of section 24.
1156	(3) Any fees imposed and collected pursuant to this act
1157	shall be deposited into a residential acquisition fund to be
1158	established by ordinance or resolution of the governing body of
1159	the local government imposing the fee. The fund shall be
1160	maintained and administered by the clerk of the court. Six
1161	months after the initial collection, and quarterly thereafter,
1162	the clerk shall remit the proceeds accrued in the residential
1163	acquisition fund, less reasonable administrative costs of the
1164	clerk amounting to no more than $5 per transaction, to the local
1165	government imposing the fee.
1166	Section 25. Applicability of fee; fee schedule.--
1167	(1) The residential acquisition fee shall be imposed at
1168	closing or upon the sale of a single-family residential or
1169	multifamily residential property on a sliding scale based on
1170	purchase price of the property. Commercial, governmental, and
1171	unimproved properties are not subject to the provisions of this
1172	act. Refinancing of residential loans is not subject to the
1173	provisions of this act.
1174	(2) The fee is based on the following schedule:
1175
1176	SCHEDULE OF FEES
1177
1178	PURCHASE PRICE OF PROPERTY PERCENTAGE OF FEE
1179	Properties purchased at $249,999 or less..............0%
1180	Properties purchased at $250,000 to $499,999.......1.00%
1181	Properties purchased at $500,000 to $999,999.......1.50%
1182	Properties purchased at $1,000,000 to $1,999,999...1.75%
1183	Properties purchased at $2,000,000 or more.........2.00%
1184
1185	Section 26. Collection of fee.--At the time of closing or
1186	upon the sale of a single-family residential or a multifamily
1187	residential property, the closing agent, the representative of
1188	the closing agent, or the seller must collect and remit the fee
1189	to the clerk. The closing agent, the representative of the
1190	closing agent, or the seller must provide a space on the buyer
1191	and seller disbursement statement or an addendum accompanying
1192	the buyer and seller disbursement statement identifying the fee
1193	and must disclose the amount of the fee to the prospective
1194	buyer.
1195	Section 27. Utilization of funds.--Funds received by the
1196	local government pursuant to this act shall be used for the
1197	creation of or improvements to wastewater or stormwater
1198	facilities. Division of funds between the county and
1199	municipalities in areas of critical state concern shall be in
1200	accordance with any existing agreement between the county and
1201	municipalities addressing priorities for uses established in
1202	this act. Funds collected under this act may be used to complete
1203	projects currently underway or projects undertaken pursuant to
1204	this act.
1205	Section 28. A local government’s authorization to impose
1206	or collect the fee authorized under this act shall expire 10
1207	years after the termination of the designation of the area of
1208	critical state concern pursuant to s. 380.05, Florida Statutes,
1209	in which the local government is located.
1210	Section 29. Paragraph (g) of subsection (7) of section
1211	163.01, Florida Statutes, is amended to read:
1212	163.01 Florida Interlocal Cooperation Act of 1969.--
1213	(7)
1214	(g)1. Notwithstanding any other provisions of this
1215	section, any separate legal entity created under this section,
1216	the membership of which is limited to municipalities and
1217	counties of the state, may acquire, own, construct, improve,
1218	operate, and manage public facilities, or finance facilities on
1219	behalf of any person, relating to a governmental function or
1220	purpose, including, but not limited to, wastewater facilities,
1221	water or alternative water supply facilities, and water reuse
1222	facilities, which may serve populations within or outside of the
1223	members of the entity. Notwithstanding s. 367.171(7), any
1224	separate legal entity created under this paragraph is not
1225	subject to Public Service Commission jurisdiction, except when a
1226	host government specifically requests binding arbitration
1227	services through the commission under subparagraphs 4. and 5.
1228	and as is otherwise provided for in general law. The separate
1229	legal entityandmay not provide utility services within the
1230	service area of an existing utility system unless it has
1231	received the consent of the utility.
1232	2. For purposes of this paragraph, the term "utility"
1233	means a water or wastewater utility and includes every person,
1234	separate legal entity, lessee, trustee, or receiver owning,
1235	operating, managing, or controlling a system, or proposing
1236	construction of a system, who is providing, or proposes to
1237	provide, water or wastewater service to the public for
1238	compensation. For purposes of this paragraph, the term "system"
1239	means each separate water or wastewater facility providing
1240	service. For purposes of this paragraph, the term "host
1241	government" means either the governing body of the county, if
1242	the largest number of equivalent residential connections
1243	currently served by a system of the utility is located in the
1244	unincorporated area, or the governing body of a municipality, if
1245	the largest number of equivalent residential connections
1246	currently served by a system of the utility is located within
1247	that municipality's boundaries. For purposes of this paragraph,
1248	the term "separate legal entity" may mean any entity created by
1249	interlocal agreement the membership of which is limited to two
1250	or more municipalities or counties of the state, but which
1251	entity is legally separate and apart from any of its member
1252	governments. A separate legal entity that seeks to acquire any
1253	utility must notify the host government in writing by certified
1254	mail about the contemplated acquisition not less than 90 days
1255	before any proposed transfer of ownership, use, or possession of
1256	any utility assets by such separate legal entity. The potential
1257	acquisition notice must be provided to the legislative head of
1258	the governing body of the host government and to its chief
1259	administrative officer and must provide the name and address of
1260	a contact person for the separate legal entity and information
1261	identified in s. 367.071(4)(a) concerning the contemplated
1262	acquisition.
1263	3. Within 90 days following receipt of the notice, the
1264	host government may adopt a resolution to become a member of the
1265	separate legal entity; adopt a resolution to approve the utility
1266	acquisition; adopt a resolution to prohibit the utility
1267	acquisition by the separate legal entity if the host government
1268	determines that the proposed acquisition is not in the public
1269	interest; request in writing an automatic 45-day extension of
1270	the 90-day period in order to allow sufficient time for the host
1271	government to evaluate the proposed acquisition; or take no
1272	action to agenda the proposed acquisition for discussion at a
1273	public meeting, which shall be construed as denial of the
1274	proposed acquisition. If a host government adopts a prohibition
1275	resolution, the separate legal entity may not acquire the
1276	utility within that host government's territory without specific
1277	consent of the host government by future resolution. If a host
1278	government adopts a membership resolution, the separate legal
1279	entity must accept the host government as a member before any
1280	transfer of ownership, use, or possession of the utility or the
1281	utility facilities on the same basis as its existing members. If
1282	a host government does not adopt a prohibition resolution or an
1283	approval resolution, does not provide a written request for an
1284	extension of the 90-day notice period, and takes no action to
1285	initiate judicial proceedings regarding the proposed
1286	acquisition, the separate legal entity may proceed to acquire
1287	the utility after the 90-day notice period without further
1288	notice, except as otherwise agreed upon by the separate legal
1289	entity and the host government. In utility acquisitions
1290	involving two or more host governments, the Public Service
1291	Commission shall consider whether the sale, assignment, or
1292	transfer of the utility is in the public interest pursuant to
1293	the provisions of s. 367.071(1).
1294	4. In addition to the host government's right to review as
1295	fair and reasonable the rates, charges, customer
1296	classifications, and terms of service that will be in place at
1297	the time of acquisition, the host government has the right to
1298	review and approve as fair and reasonable any later changes
1299	proposed by the separate legal entity to the rates, charges,
1300	customer classifications, and terms of service, before adoption
1301	by the separate legal entity. In addition, the host government
1302	has the right to review and approve any changes to the financing
1303	of such facilities which may result in increased costs to
1304	customers. Such right of review and approval by the host
1305	government is subject to the obligation of the separate legal
1306	entity to establish rates and charges that comply with the
1307	requirements contained in any resolution or trust agreement
1308	relating to the issuance of bonds to acquire and improve the
1309	affected utility, and such right does not affect the obligation
1310	of the separate legal entity to set rates at a level sufficient
1311	to pay debt service on its obligations issued in relation to the
1312	host government utility. In order to facilitate review of
1313	proposed changes by such host government, the separate legal
1314	entity must notify the host government in writing by certified
1315	mail about the proposed changes not less than 90 days before it
1316	implements any changes. The notice of proposed changes must be
1317	provided to the legislative head of the governing body of each
1318	host government and to its chief administrative officer and must
1319	provide the name and address of a contact person for the
1320	separate legal entity and information identified in s.
1321	367.081(2)(a)1. as it applies to publicly owned utilities about
1322	the proposed changes. If after review the host government
1323	believes that the proposed changes are in the public interest,
1324	the host government may pass a resolution approving the proposed
1325	changes. If, after review, the host government believes that the
1326	proposed changes are not in the public interest, the host
1327	government may enter into negotiation with the separate legal
1328	entity to resolve those concerns. If no agreement is reached
1329	within 30 days after the host government's determination that
1330	the proposed changes are not in the public interest, the host
1331	government may request and, if requested, shall receive binding
1332	arbitration services through the Public Service Commission to
1333	resolve the dispute with the separate legal entity. The
1334	commission shall develop and adopt administrative rules
1335	governing the arbitration process and establishing fees for this
1336	dispute-resolution service.
1337	5. After the acquisition or construction of any utility
1338	systems by a separate legal entity created under this
1339	subsection, revenues or any other income may not be transferred
1340	or paid to a member of a separate legal entity, or to any other
1341	county or municipality, from user fees or other charges or
1342	revenues generated from customers that are not physically
1343	located within the jurisdictional or service delivery boundaries
1344	of the member, county, or municipality receiving the transfer or
1345	payment. Any transfer or payment to a member or other local
1346	government must be solely from user fees or other charges or
1347	revenues generated from customers that are physically located
1348	within the jurisdictional or service delivery boundaries of the
1349	member or local government receiving the transfer or payment.
1350	6. The host government is guaranteed the right to acquire
1351	any utility or utility system that it hosts owned by the
1352	separate legal entity. In those instances when the separate
1353	legal entity and the host government cannot agree on the terms
1354	and conditions of the acquisition, the host government may
1355	request and, if requested, shall receive binding arbitration
1356	services through the Public Service Commission to resolve the
1357	disputed acquisition terms. The commission shall develop and
1358	adopt administrative rules governing the arbitration process and
1359	establishing the fees for these services. In developing and
1360	adopting its rules governing the acquisition price for a given
1361	host government to acquire the utility or utility system located
1362	within its jurisdiction, the Public Service Commission shall, to
1363	the greatest extent possible, base the acquisition price on the
1364	same percentage to the total bonded indebtedness of the separate
1365	legal entity upon acquiring the utility as the acquired system's
1366	rate base was to the utility's total rate base at the time
1367	transferred from a regulated utility to the separate legal
1368	entity. This paragraph is an alternative provision otherwise
1369	provided by law as authorized in s. 4, Art. VIII of the State
1370	Constitution for any transfer of power as a result of an
1371	acquisition of a utility by a separate legal entity from a
1372	municipality, county, or special district.
1373	7.The entity may finance or refinance the acquisition,
1374	construction, expansion, and improvement of such facilities
1375	relating to a governmental function or purpose through the
1376	issuance of its bonds, notes, or other obligations under this
1377	section or as otherwise authorized by law. Except as limited by
1378	the terms and conditions of the utility acquisition agreement,
1379	as approved by the applicable host government,the entity has
1380	all the powers provided by the interlocal agreement under which
1381	it is created or which are necessary to finance, own, operate,
1382	or manage the public facility, including, without limitation,
1383	the power to establish rates, charges, and fees for products or
1384	services provided by it, the power to levy special assessments,
1385	the power to sell or finance all or a portion of such facility,
1386	and the power to contract with a public or private entity to
1387	manage and operate such facilities or to provide or receive
1388	facilities, services, or products. Except as may be limited by
1389	the interlocal agreement under which the entity is created, all
1390	of the privileges, benefits, powers, and terms of s. 125.01,
1391	relating to counties, and s. 166.021, relating to
1392	municipalities, are fully applicable to the entity. However,
1393	neither the entity nor any of its members on behalf of the
1394	entity may exercise the power of eminent domain over the
1395	facilities or property of any existing water or wastewater plant
1396	utility system, nor may the entity acquire title to any water or
1397	wastewater plant utility facilities, other facilities, or
1398	property which was acquired by the use of eminent domain after
1399	the effective date of this act. Bonds, notes, and other
1400	obligations issued by the entity are issued on behalf of the
1401	public agencies that are members of the entity.
1402	8.2.Except as limited by the terms and conditions of the
1403	utility acquisition agreement, as approved by the applicable
1404	host government,any entity created under this section may also
1405	issue bond anticipation notes in connection with the
1406	authorization, issuance, and sale of bonds. The bonds may be
1407	issued as serial bonds or as term bonds or both. Any entity may
1408	issue capital appreciation bonds or variable rate bonds. Any
1409	bonds, notes, or other obligations must be authorized by
1410	resolution of the governing body of the entity and bear the date
1411	or dates; mature at the time or times, not exceeding 40 years
1412	from their respective dates; bear interest at the rate or rates;
1413	be payable at the time or times; be in the denomination; be in
1414	the form; carry the registration privileges; be executed in the
1415	manner; be payable from the sources and in the medium or payment
1416	and at the place; and be subject to the terms of redemption,
1417	including redemption prior to maturity, as the resolution may
1418	provide. If any officer whose signature, or a facsimile of whose
1419	signature, appears on any bonds, notes, or other obligations
1420	ceases to be an officer before the delivery of the bonds, notes,
1421	or other obligations, the signature or facsimile is valid and
1422	sufficient for all purposes as if he or she had remained in
1423	office until the delivery. The bonds, notes, or other
1424	obligations may be sold at public or private sale for such price
1425	as the governing body of the entity shall determine. Pending
1426	preparation of the definitive bonds, the entity may issue
1427	interim certificates, which shall be exchanged for the
1428	definitive bonds. The bonds may be secured by a form of credit
1429	enhancement, if any, as the entity deems appropriate. The bonds
1430	may be secured by an indenture of trust or trust agreement. In
1431	addition, the governing body of the legal entity may delegate,
1432	to an officer, official, or agent of the legal entity as the
1433	governing body of the legal entity may select, the power to
1434	determine the time; manner of sale, public or private;
1435	maturities; rate of interest, which may be fixed or may vary at
1436	the time and in accordance with a specified formula or method of
1437	determination; and other terms and conditions as may be deemed
1438	appropriate by the officer, official, or agent so designated by
1439	the governing body of the legal entity. However, the amount and
1440	maturity of the bonds, notes, or other obligations and the
1441	interest rate of the bonds, notes, or other obligations must be
1442	within the limits prescribed by the governing body of the legal
1443	entity and its resolution delegating to an officer, official, or
1444	agent the power to authorize the issuance and sale of the bonds,
1445	notes, or other obligations.
1446	9.3. Bonds, notes, or other obligations issued under this
1447	paragraphsubparagraph 1.may be validated as provided in
1448	chapter 75. The complaint in any action to validate the bonds,
1449	notes, or other obligations must be filed only in the Circuit
1450	Court for Leon County. The notice required to be published by s.
1451	75.06 must be published in Leon County and in each county that
1452	is a member of the entity issuing the bonds, notes, or other
1453	obligations, or in which a member of the entity is located, and
1454	the complaint and order of the circuit court must be served only
1455	on the State Attorney of the Second Judicial Circuit and on the
1456	state attorney of each circuit in each county that is a member
1457	of the entity issuing the bonds, notes, or other obligations or
1458	in which a member of the entity is located. Section 75.04(2)
1459	does not apply to a complaint for validation brought by the
1460	legal entity.
1461	10.4.The accomplishment of the authorized purposes of a
1462	legal entity created under this paragraph is in all respects for
1463	the benefit of the people of the state, for the increase of
1464	their commerce and prosperity, and for the improvement of their
1465	health and living conditions. Since the legal entity will
1466	perform essential governmental functions in accomplishing its
1467	purposes, the legal entity is not required to pay any taxes or
1468	assessments of any kind whatsoever upon any property acquired or
1469	used by it for such purposes or upon any revenues at any time
1470	received by it. The bonds, notes, and other obligations of an
1471	entity, their transfer and the income therefrom, including any
1472	profits made on the sale thereof, are at all times free from
1473	taxation of any kind by the state or by any political
1474	subdivision or other agency or instrumentality thereof. The
1475	exemption granted in this subparagraph is not applicable to any
1476	tax imposed by chapter 220 on interest, income, or profits on
1477	debt obligations owned by corporations.
1478	Section 30. Subsection (1) of section 120.52, Florida
1479	Statutes, is amended to read:
1480	120.52 Definitions.--As used in this act:
1481	(1) "Agency" means:
1482	(a) The Governor in the exercise of all executive powers
1483	other than those derived from the constitution.
1484	(b) Each:
1485	1. State officer and state department, and each
1486	departmental unit described in s. 20.04.
1487	2. Authority, including a regional water supply authority.
1488	3. Board.
1489	4. Commission, including the Commission on Ethics and the
1490	Fish and Wildlife Conservation Commission when acting pursuant
1491	to statutory authority derived from the Legislature.
1492	5. Regional planning agency.
1493	6. Multicounty special district with a majority of its
1494	governing board comprised of nonelected persons.
1495	7. Educational units.
1496	8. Entity described in chapters 163, 373, 380, and 582 and
1497	s. 186.504.
1498	(c) Each other unit of government in the state, including
1499	counties and municipalities, to the extent they are expressly
1500	made subject to this act by general or special law or existing
1501	judicial decisions.
1502
1503
1504	This definition does not include any legal entity or agency
1505	created in whole or in part pursuant to chapter 361, part II, an
1506	expressway authority pursuant to chapter 348, any legal or
1507	administrative entity created by an interlocal agreement
1508	pursuant to s. 163.01(7), except those created pursuant to s.
1509	163.01(7)(g)1.,unless any party to such agreement is otherwise
1510	an agency as defined in this subsection, or any multicounty
1511	special district with a majority of its governing board
1512	comprised of elected persons; however, this definition shall
1513	include a regional water supply authority.
1514	Section 31. Subsection (7) of section 367.021, Florida
1515	Statutes, is amended to read:
1516	367.021 Definitions.--As used in this chapter, the
1517	following words or terms shall have the meanings indicated:
1518	(7) "Governmental authority" means a political
1519	subdivision, as defined by s. 1.01(8), a regional water supply
1520	authority created pursuant to s. 373.1962, or a nonprofit
1521	corporation formed for the purpose of acting on behalf of a
1522	political subdivision with respect to a water or wastewater
1523	facility; however, this definition shall exclude a separate
1524	legal entity created pursuant to s. 163.01(7)(g)1.
1525	Section 32. Subsections (1) and (4) of section 367.071,
1526	Florida Statutes, are amended to read:
1527	367.071 Sale, assignment, or transfer of certificate of
1528	authorization, facilities, or control.--
1529	(1) ANo utility may notshallsell, assign, or transfer
1530	its certificate of authorization, facilities or any portion
1531	thereof, or majority organizational control without
1532	determination and approval of the commission that the proposed
1533	sale, assignment, or transfer is in the public interest and that
1534	the buyer, assignee, or transferee will fulfill the commitments,
1535	obligations, and representations of the utility. However, a
1536	sale, assignment, or transfer of its certificate of
1537	authorization, facilities or any portion thereof, or majority
1538	organizational control may occur prior to commission approval if
1539	the contract for sale, assignment, or transfer is made
1540	contingent upon commission approval.
1541	(4) An application shall be disposed of as provided in s.
1542	367.045, except that:
1543	(a) The sale of facilities, in whole or part, to a
1544	governmental authority, as defined in s. 367.021(7),shall be
1545	approved as a matter of right; however, the governmental
1546	authority shall, prior to taking any official action, obtain
1547	from the utility or commission with respect to the facilities to
1548	be sold the most recent available income and expense statement,
1549	balance sheet, and statement of rate base for regulatory
1550	purposes and contributions-in-aid-of-construction. Any request
1551	for rate relief pending before the commission at the time of
1552	sale is deemed to have been withdrawn. Interim rates, if
1553	previously approved by the commission, must be discontinued, and
1554	any money collected pursuant to interim rate relief must be
1555	refunded to the customers of the utility with interest.
1556	(b) When paragraph (a) does not apply, the commission
1557	shall amend the certificate of authorization as necessary to
1558	reflect the change resulting from the sale, assignment, or
1559	transfer.
1560	Section 33. If any provision of this act or the
1561	application thereof to any person or circumstance is held
1562	invalid, the invalidity does not affect other provisions or
1563	applications of this act which can be given effect without the
1564	invalid provision or application, and to this end the provisions
1565	of this act are declared severable.
1566	Section 34. Private property rights and regional
1567	reservoirs.--
1568	(1) The Legislature finds that construction of a regional
1569	reservoir designed to store more than 10 billion gallons of
1570	water may inordinately burden nearby real property because of
1571	the proximity of the reservoir and may result in a loss of value
1572	for the property owner. Therefore, a regional water supply
1573	authority, serving three or fewer counties, that is authorized
1574	to construct, operate, and maintain such a regional reservoir
1575	shall be deemed a governmental entity under section 70.001,
1576	Florida Statutes, the Bert J. Harris, Jr., Private Property
1577	Rights Protection Act, for purposes of this section.
1578	(2) This section provides a cause of action for the
1579	actions of a regional water supply authority, in siting and
1580	constructing a reservoir as described in subsection (1), that
1581	may not rise to the level of a taking under the State
1582	Constitution or the United States Constitution. This section may
1583	not necessarily be construed under the case law regarding
1584	takings if the action of a regional water supply authority does
1585	not rise to the level of a taking. The provisions of this
1586	section are cumulative and do not abrogate any other remedy
1587	lawfully available, including any remedy lawfully available for
1588	the actions of a regional water supply authority that rise to
1589	the level of a taking. However, a regional water supply
1590	authority may not be liable more than once for compensation due
1591	to an action of the regional water supply authority that results
1592	in a loss of value for a subject real property.
1593	(3) Each owner of real property located within 10,000 feet
1594	of the the center of the footprint of a regional reservoir, as
1595	described in subsection(1), or 5,500 feet from the exterior of
1596	the berm of such reservoir, may present a claim for compensation
1597	in writing to the head of the regional water supply authority on
1598	or before December 31, 2004, for a loss in property value
1599	resulting from the proximity of the reservoir. For each claim
1600	presented under this section, section 70.001, Florida Statutes,
1601	applies, except when there is conflict with this section, the
1602	provisions of this section shall govern.
1603	(a) The property owner must submit along with the claim a
1604	bona fide, valid appraisal that supports the claim and
1605	demonstrates the loss in fair market value to the real property.
1606	(b) A claim under this section shall be presented only to
1607	the regional water supply authority that is authorized to
1608	construct, operate, and maintain the reservoir.
1609	(4) The Legislature recognizes that construction and
1610	maintenance of a regional reservoir may not necessarily
1611	interfere with allowable uses of real property near the
1612	reservoir. However, the siting and construction of the reservoir
1613	may result in an actual loss to the fair market value of real
1614	property located within 10,000 feet of the center of the
1615	footprint of the reservoir, or 5,500 feet from the exterior of
1616	the berm, because of the proximity of the reservoir. Therefore,
1617	any offer of compensation by the regional water supply authority
1618	shall be based solely on the loss of value for the property
1619	owner as a result of the proximity of the reservoir and not on
1620	the effects the reservoir has on existing uses or on a vested
1621	right to a specific use of real property.
1622	(a) Notwithstanding section 70.001, Florida Statutes, the
1623	regional water supply authority to whom a claim is presented
1624	shall, not later than 180 days after receiving such claim:
1625	1. Make a written offer to purchase the real property if
1626	there is more than a 50-percent loss in value to the real
1627	property as a result of the proximity of the reservoir and if
1628	the property owner is a willing seller;
1629	2. Make a written offer to purchase an interest in rights
1630	of use which may become transferable development rights to be
1631	held, sold, or otherwise disposed of by the regional water
1632	supply authority; or
1633	3. Terminate negotiations.
1634	(b) An offer by the regional water supply authority to
1635	purchase the property in fee or purchase an interest in rights
1636	of use under this section shall cover the cost of the appraisal
1637	required in subsection (3).
1638	(5) During the 180-day period, unless the property owner
1639	accepts a written offer for purchase pursuant to subparagraph
1640	(4)(a)1. or 2., the regional water supply authority shall issue
1641	a final decision stating that:
1642	(a) The real property has a loss in value due to an
1643	inordinate burden on the property resulting from the proximity
1644	of the reservoir and the regional water supply authority and
1645	property owner cannot reach agreement on the amount of
1646	compensation; or
1647	(b) The property owner has failed to establish a basis for
1648	relief under the provisions of this section and section 70.001,
1649	Florida Statutes.
1650
1651
1652	Failure of the regional water supply authority to issue a final
1653	decision as required by this subsection shall cause the written
1654	offer or termination of negotiations required in subsection (4)
1655	to operate as a final decision. As a matter of law, this final
1656	decision constitutes the last prerequisite to judicial review of
1657	the merits for the purposes of the judicial proceeding provided
1658	for in section 70.001, Florida Statutes.
1659	(6) The circuit court, for purposes of this section, shall
1660	determine whether, considering the written offer and final
1661	decision, the regional water supply authority has inordinately
1662	burdened the subject real property. Following a determination
1663	that the regional water supply authority has inordinately
1664	burdened the real property, the court shall impanel a jury to
1665	determine the total amount of compensation to the property owner
1666	for the loss in value due to the inordinate burden to the
1667	subject real property.
1668	(7) Pursuant to section 70.001, Florida Statutes, the
1669	court may award reasonable costs and attorney's fees and the
1670	court shall determine the amount. If the court awards the
1671	property owner reasonable costs and attorney's fees, the costs
1672	shall include the cost of the appraisal required in
1673	subsection(3).
1674	(8) This section shall take effect July 1, 2003, and is
1675	repealed effective January 1, 2005. However, the repeal of this
1676	section shall not affect a claim filed on or before December 31,
1677	2004.
1678	Section 35. Except as otherwise expressly provided in this
1679	act, this act shall take effect upon becoming a law and shall
1680	apply to all contracts pending on that date.
1681