HB 0073B 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.; providing that if a local
5	government grants a quasi-judicial development order
6	pursuant to its adopted land development regulations and
7	the order is not the subject of a pending appeal, the
8	right to commence and complete development pursuant to the
9	order may not be abrogated by a subsequent judicial
10	determination that such land development regulations, or
11	any portion thereof, are invalid because of a deficiency
12	in the approval standards; retaining certain legal rights;
13	providing for retroactive application; requiring local
14	governments to include projected water use in
15	comprehensive plans; amending s. 367.081, F.S.; revising
16	procedure for fixing and changing rates to include the
17	recovery of costs of alternative water supply facilities;
18	amending s. 367.0814, F.S.; revising limit on the amount
19	of revenues received by a utility to qualify for staff
20	assistance in changing rates or charges; creating s.
21	373.227, F.S.; providing for the development of a water
22	conservation guidance manual by the Department of
23	Environmental Protection; providing for purpose and
24	contents of the manual and requirements with respect
25	thereto; requiring the Department of Environmental
26	Protection to adopt the manual by rule by a specified
27	date; providing program requirements for public water
28	supply utilities that choose to design a comprehensive
29	water conservation program based on the water conservation
30	guidance manual; amending s. 373.0361, F.S.; providing for
31	a public workshop on the development of regional water
32	supply plans that include the consideration of population
33	projections; providing for a list of water source options
34	in regional water supply plans; providing additional
35	regional water supply plan components; including
36	conservation measures in regional water supply plans;
37	revising specified reporting requirements of the
38	Department of Environmental Protection; providing that a
39	district water management plan may not be used as criteria
40	for the review of permits for consumptive uses of water
41	unless the plan or applicable portion thereof has been
42	adopted by rule; providing construction; amending s.
43	373.0831, F.S.; revising the criteria by which water
44	supply development projects may receive priority
45	consideration for funding assistance; providing for
46	permitting and funding of a proposed alternative water
47	supply project identified in the relevant approved
48	regional water supply plan; amending s. 373.1961, F.S.;
49	providing funding priority; providing for the
50	establishment of a revolving loan fund for alternative
51	water supply projects; providing conditions for certain
52	projects to receive funding assistance; amending s.
53	373.116, F.S.; providing for notice of applications for
54	specified water use permits, specified permits for
55	construction or alteration of dams, impoundments,
56	reservoirs, and appurtenant works, dredge and fill permits
57	for certain stormwater management systems, and consumptive
58	use permits to be transmitted by electronic mail; amending
59	s. 373.1963, F.S.; prohibiting the West Coast Regional
60	Water Supply Authority from seeking permits from the South
61	Florida Water Management District for the consumptive use
62	of water from groundwater in a specified area; amending s.
63	373.223, F.S.; requiring the Department of Environmental
64	Protection and the water management districts to submit
65	specified recommendations to the Legislature; creating s.
66	373.2234, F.S.; authorizing the governing board of a water
67	management district to adopt rules identifying certain
68	preferred water supply sources; providing requirements
69	with respect to such rules; providing construction;
70	amending s. 373.250, F.S.; authorizing water management
71	districts to require the use of reclaimed water in lieu of
72	surface or groundwater when the use of uncommitted
73	reclaimed water is environmentally, economically, and
74	technically feasible; providing construction with respect
75	to such authority; amending s. 373.536, F.S.; expanding
76	requirements of the 5-year water resource development work
77	program for water management districts; providing
78	legislative findings and intent with regard to landscape
79	irrigation design; requiring water management districts to
80	develop landscape irrigation and xeriscape design
81	standards; amending s. 378.212, F.S.; providing for the
82	granting of a variance from pt. III of ch. 378, F.S.,
83	relating to phosphate land reclamation, for specified
84	reclamation, and from pt. IV of ch. 373, for certain
85	projects under described circumstances; amending s.
86	378.404, F.S.; authorizing the department to grant
87	variances from the provisions of pt. IV of ch. 378, F.S.,
88	to accommodate reclamation that provides for water supply
89	development or water resource development under specified
90	circumstances; amending s. 403.064, F.S.; revising
91	provisions relating to reuse feasibility studies;
92	providing for metering use of reclaimed water and volume-
93	based rates therefor; requiring wastewater utilities to
94	submit plans for metering use and volume-based rate
95	structures to the department; amending s. 403.1835, F.S.;
96	authorizing the Department of Environmental Protection to
97	make specified deposits for the purpose of enabling below-
98	market interest rate loans for treatment of polluted
99	water; providing for development of rate structures for
100	alternative water supply systems; providing criteria;
101	providing for a study of the feasibility of discharging
102	reclaimed wastewater into canals and the aquifer system in
103	a specified area as an environmentally acceptable means of
104	accomplishing described objectives; requiring reports;
105	providing severability; providing legislative findings
106	with respect to loss of property values due to the
107	proximity of a regional water reservoir; authorizing a
108	cause of action for a property owner; specifying a period
109	during which a property owner may present a claim for
110	compensation to the regional water supply authority that
111	constructs, operates, and maintains the reservoir;
112	providing requirements for the offer of compensation by a
113	regional water supply authority; providing for judicial
114	review under the Bert J. Harris, Jr., Private Property
115	Rights Protection Act; providing for an award of costs and
116	attorney's fees; providing for future repeal of the
117	section; providing for applicability; providing for
118	construction of the act in pari materia with laws enacted
119	during the 2003 Regular Session or the 2003 Special
120	Session A of the Legislature; providing effective dates.
121
122	Be It Enacted by the Legislature of the State of Florida:
123
124	Section 1. Subsection (5) of section 159.803, Florida
125	Statutes, is amended to read:
126	159.803 Definitions.--As used in this part, the term:
127	(5) "Priority project" means a solid waste disposal
128	facility or a sewage facility, as such terms are defined in s.
129	142 of the Code, or water facility, as defined in s. 142 of the
130	Code, which is operated by a member-owned, not-for-profit
131	utility,or any project which is to be located in an area which
132	is an enterprise zone designated pursuant to s. 290.0065.
133	Section 2. Subsections (13) and (14) are added to section
134	163.3167, Florida Statutes, to read:
135	163.3167 Scope of act.--
136	(13) Each local government shall address in its
137	comprehensive plan, as enumerated in this chapter, the water
138	supply projects necessary to meet and achieve the existing and
139	projected water use demand for the established planning period,
140	considering the applicable plan developed pursuant to s.
141	373.0361.
142	(14)(a) If a local government grants a quasi-judicial
143	development order pursuant to its adopted land development
144	regulations and the order is not the subject of a pending
145	appeal, the right to commence and complete development pursuant
146	to the order may not be abrogated by a subsequent judicial
147	determination that such land development regulations, or any
148	portion thereof, are invalid because of a deficiency in the
149	approval standards.
150	(b) This subsection does not preclude or affect the timely
151	institution of common law writ of certiorari proceedings
152	pursuant to Rule 9.190, Florida Rules of Appellate Procedure, or
153	original proceedings pursuant to s. 163.3215, as applicable.
154	(c) This subsection applies retroactively to any order
155	granted on or after January 1, 2002.
156	Section 3. Subsection (2) of section 367.081, Florida
157	Statutes, is amended to read:
158	367.081 Rates; procedure for fixing and changing.--
159	(2)(a)1. The commission shall, either upon request or upon
160	its own motion, fix rates which are just, reasonable,
161	compensatory, and not unfairly discriminatory. In every such
162	proceeding, the commission shall consider the value and quality
163	of the service and the cost of providing the service, which
164	shall include, but not be limited to, debt interest; the
165	requirements of the utility for working capital; maintenance,
166	depreciation, tax, and operating expenses incurred in the
167	operation of all property used and useful in the public service;
168	and a fair return on the investment of the utility in property
169	used and useful in the public service. Pursuant to s.
170	373.1961(2)(l), the commission shall allow recovery of the full,
171	prudently incurred costs of alternative water supply facilities.
172	However, the commission shall not allow the inclusion of
173	contributions-in-aid-of-construction in the rate base of any
174	utility during a rate proceeding, nor shall the commission
175	impute prospective future contributions-in-aid-of-construction
176	against the utility's investment in property used and useful in
177	the public service; and accumulated depreciation on such
178	contributions-in-aid-of-construction shall not be used to reduce
179	the rate base, nor shall depreciation on such contributed assets
180	be considered a cost of providing utility service.
181	2. For purposes of such proceedings, the commission shall
182	consider utility property, including land acquired or facilities
183	constructed or to be constructed within a reasonable time in the
184	future, not to exceed 24 months after the end of the historic
185	base year used to set final rates unless a longer period is
186	approved by the commission, to be used and useful in the public
187	service, if:
188	a. Such property is needed to serve current customers;
189	b. Such property is needed to serve customers 5 years
190	after the end of the test year used in the commission's final
191	order on a rate request as provided in subsection(6) at a growth
192	rate for equivalent residential connections not to exceed 5
193	percent per year; or
194	c. Such property is needed to serve customers more than 5
195	full years after the end of the test year used in the
196	commission's final order on a rate request as provided in
197	subsection (6) only to the extent that the utility presents
198	clear and convincing evidence to justify such consideration.
199
200	Notwithstanding the provisions of this paragraph, the commission
201	shall approve rates for service which allow a utility to recover
202	from customers the full amount of environmental compliance
203	costs. Such rates may not include charges for allowances for
204	funds prudently invested or similar charges. For purposes of
205	this requirement, the term "environmental compliance costs"
206	includes all reasonable expenses and fair return on any prudent
207	investment incurred by a utility in complying with the
208	requirements or conditions contained in any permitting,
209	enforcement, or similar decisions of the United States
210	Environmental Protection Agency, the Department of Environmental
211	Protection, a water management district, or any other
212	governmental entity with similar regulatory jurisdiction.
213	(b) In establishing initial rates for a utility, the
214	commission may project the financial and operational data as set
215	out in paragraph (a) to a point in time when the utility is
216	expected to be operating at a reasonable level of capacity.
217	Section 4. Subsection (1) of section 367.0814, Florida
218	Statutes, is amended to read:
219	367.0814 Staff assistance in changing rates and charges;
220	interim rates.--
221	(1) The commission may establish rules by which a water or
222	wastewater utility whose gross annual revenues are $200,000
223	$150,000or less may request and obtain staff assistance for the
224	purpose of changing its rates and charges. A utility may request
225	staff assistance by filing an application with the commission.
226	Section 5. Section 373.227, Florida Statutes, is created
227	to read:
228	373.227 Water conservation guidance manual.--
229	(1) The Legislature recognizes that the proper
230	conservation of water is an important means of achieving the
231	economical and efficient utilization of water necessary to
232	constitute a reasonable-beneficial use. The Legislature
233	encourages the development and use of water conservation
234	measures that are effective, flexible, and affordable. In the
235	context of the use of water for public supply provided by a
236	water utility, the Legislature intends for a variety of
237	conservation measures to be available and used to encourage
238	efficient water use. The Legislature finds that the social,
239	economic, and cultural conditions of this state relating to the
240	use of public water supply vary by geographic region, and thus
241	water utilities must have the flexibility to tailor water
242	conservation measures to best suit their individual
243	circumstances. For purposes of this section, the term "public
244	water supply utility” shall include both publicly owned and
245	privately owned public water supply utilities.
246	(2) In order to implement the findings in subsection (1),
247	the Department of Environmental Protection shall develop a water
248	conservation guidance manual containing a menu of water
249	conservation measures from which public water supply utilities
250	may select in the development of a comprehensive, goal-based
251	water conservation program tailored for their individual service
252	areas that is effective and does not impose undue costs or
253	burdens on customers. The water conservation guidance manual
254	shall promote statewide consistency in the approach to utility
255	conservation while maintaining appropriate flexibility. The
256	manual may contain measures such as: water conservation audits,
257	informative billing practices to educate customers on their
258	patterns of water use, the costs of water, and ways to conserve
259	water; ordinances requiring low-flow plumbing fixtures and
260	efficient landscape irrigation; rebate programs for the
261	installation of water-saving plumbing or appliances; general
262	water conservation educational programs, including bill inserts;
263	measures to promote the more effective and efficient reuse of
264	reclaimed water; water conservation or drought rate structures
265	that encourage customers to conserve water through appropriate
266	price signals; and programs to apply utility profits generated
267	through conservation and drought rates to additional water
268	conservation programs or water supply development. The manual
269	shall specifically state that it is the responsibility of the
270	appropriate utility to determine the specific rates it will
271	charge its customers and that the role of the department or
272	water management district is confined to the review of those
273	rate structures to determine whether they encourage water
274	conservation. The water conservation guidance manual shall also
275	state that a utility need not adopt a water conservation or
276	drought rate structure if the utility employs other measures
277	that are equally or more effective. The manual shall provide for
278	different levels of complexity and expected levels of effort in
279	conservation programs depending on the size of the utility.
280	However, all utilities will be expected to have at least basic
281	programs in each of the following areas:
282	(a) Individual metering, to the extent feasible as
283	determined by the utility.
284	(b) Water accounting and loss control.
285	(c) Cost of service accounting.
286	(d) Information programs on water conservation.
287	(e) Landscaping water efficiency programs.
288	(3) The Department of Environmental Protection shall
289	develop the water conservation guidance manual no later than
290	June 15, 2004. The department shall develop the manual in
291	consultation with interested parties, which, at a minimum, shall
292	include representatives from the water management districts,
293	three utilities that are members of the American Water Works
294	Association, two utilities that are members of the Florida Water
295	Environment Association, a representative of the Florida Chamber
296	of Commerce, representatives of counties and municipalities, and
297	representatives of environmental organizations. By December 15,
298	2004, the department shall adopt the water conservation guidance
299	manual by rule. Once the department adopts the water
300	conservation guidance manual by rule, the water management
301	districts may apply the manual and any revisions thereto in the
302	review of water conservation requirements for obtaining a permit
303	pursuant to part II without the need to adopt the manual
304	pursuant to s. 120.54. Once the water conservation guidance
305	manual is adopted by rule, a public water supply utility may
306	choose to comply with the standard water conservation
307	requirements adopted by the appropriate water management
308	district for obtaining a consumptive use permit from that
309	district, or may choose to develop a comprehensive, goal-based
310	water conservation program from the options contained in the
311	manual. If the utility chooses to design a comprehensive water
312	conservation program based on the water conservation guidance
313	manual, the proposed program must include the following:
314	(a) An inventory of water system characteristics and
315	conservation opportunities.
316	(b) Demand forecasts.
317	(c) An explanation of the proposed program.
318	(d) Specific numeric water conservation targets for the
319	utility as a whole and for appropriate customer classes, with a
320	justification of why the numeric targets are appropriate based
321	on that utility’s particular customer characteristics and
322	conservation opportunities.
323	(e) A demonstration that the program will promote
324	effective water conservation at least as well as standard water
325	use conservation requirements adopted by the appropriate water
326	management district.
327	(f) A timetable for the utility and the water management
328	district to evaluate progress in meeting the water conservation
329	targets and making needed program modifications.
330	(4) If the utility provides reasonable assurance that the
331	proposed conservation program is consistent with the water
332	conservation guidance manual and contains the elements specified
333	in subsection (3), then the water management district shall
334	approve the proposed program and the program shall satisfy water
335	conservation requirements imposed as a condition of obtaining a
336	permit under part II. The department, in consultation with the
337	parties specified in subsection (3), may periodically amend or
338	revise the water conservation guidance manual rule as
339	appropriate to reflect changed circumstances or new technologies
340	or approaches. The findings and provisions in this section shall
341	not be construed to apply to users of water other than public
342	and private water supply utilities.
343	Section 6. Subsections (1), (2), (5), and (6) of section
344	373.0361, Florida Statutes, are amended to read:
345	373.0361 Regional water supply planning.--
346	(1) By October 1, 1998, the governing board shall initiate
347	water supply planning for each water supply planning region
348	identified in the district water management plan under s.
349	373.036, where it determines that sources of water are not
350	adequate for the planning period to supply water for all
351	existing and projected reasonable-beneficial uses and to sustain
352	the water resources and related natural systems. The planning
353	must be conducted in an open public process, in coordination and
354	cooperation with local governments, regional water supply
355	authorities, government-owned and privately owned water
356	utilities, self-suppliers, and other affected and interested
357	parties. During development but prior to completion of the
358	regional water supply plan, the district must conduct at least
359	one public workshop to discuss the technical data and modeling
360	tools anticipated to be used to support the plan.A
361	determination by the governing board that initiation of a
362	regional water supply plan for a specific planning region is not
363	needed pursuant to this section shall be subject to s. 120.569.
364	The governing board shall reevaluate such a determination at
365	least once every 5 years and shall initiate a regional water
366	supply plan, if needed, pursuant to this subsection.
367	(2) Each regional water supply plan shall be based on at
368	least a 20-year planning period and shall include, but not be
369	limited to:
370	(a) A water supply development component that includes:
371	1. A quantification of the water supply needs for all
372	existing and reasonably projected future uses within the
373	planning horizon. The level-of-certainty planning goal
374	associated with identifying the water supply needs of existing
375	and future reasonable-beneficial uses shall be based upon
376	meeting those needs for a 1-in-10-year drought event. Population
377	projections used for determining public water supply needs shall
378	be based upon the best available data. In determining the best
379	available data, the district shall consider the University of
380	Florida’s Bureau of Economic and Business Research(BEBR) median
381	population projections and any population projection data and
382	analysis submitted by a local government pursuant to the public
383	workshop described in subsection (1) when such data and analysis
384	support the local government’s comprehensive plan. Any
385	adjustment of or deviation from the BEBR projections shall be
386	fully described and the original BEBR data shall be presented
387	along with the adjusted data.
388	2. A list of water source options for water supply
389	development, including traditional and alternative source
390	optionssources, from which local government, government-owned
391	and privately owned utilities, self-suppliers, and others may
392	choose, for water supply development, the total capacity of
393	which will, in conjunction with water conservation and other
394	demand management measures,exceed the needs identified in
395	subparagraph 1.
396	3. For each option listed in subparagraph 2., the
397	estimated amount of water available for use and the estimated
398	costs of and potential sources of funding for water supply
399	development.
400	4. A list of water supply development projects that meet
401	the criteria in s. 373.0831(4).
402	(b) A water resource development component that includes:
403	1. A listing of those water resource development projects
404	that support water supply development.
405	2. For each water resource development project listed:
406	a. An estimate of the amount of water to become available
407	through the project.
408	b. The timetable for implementing or constructing the
409	project and the estimated costs for implementing, operating, and
410	maintaining the project.
411	c. Sources of funding and funding needs.
412	d. Who will implement the project and how it will be
413	implemented.
414	(c) The recovery and prevention strategy described in s.
415	373.0421(2).
416	(d) A funding strategy for water resource development
417	projects, which shall be reasonable and sufficient to pay the
418	cost of constructing or implementing all of the listed projects.
419	(e) Consideration of how the options addressed in
420	paragraphs (a) and (b) serve the public interest or save costs
421	overall by preventing the loss of natural resources or avoiding
422	greater future expenditures for water resource development or
423	water supply development. However, unless adopted by rule, these
424	considerations do not constitute final agency action.
425	(f) The technical data and information applicable to the
426	planning region which are contained in the district water
427	management plan and are necessary to support the regional water
428	supply plan.
429	(g) The minimum flows and levels established for water
430	resources within the planning region.
431	(h) Reservations of water adopted by rule pursuant to s.
432	373.223(4).
433	(i) An analysis, developed in cooperation with the
434	department, of areas or instances in which the variance
435	provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to
436	create water supply development or water resource development
437	projects.
438
439	Within boundaries of a regional water supply authority, those
440	parts of the water supply development component of the regional
441	water supply plan which deal with or affect public utilities and
442	public water supply shall be developed jointly by such authority
443	and the district for those areas served by the authority and its
444	member governments.
445	(5) By November 15, 1997, and Annually and in conjunction
446	with the reporting requirements of s. 373.536(6)(a)4.
447	thereafter, the department shall submit to the Governor and the
448	Legislature a report on the status of regional water supply
449	planning in each district. The report shall include:
450	(a) A compilation of the estimated costs of and potential
451	sources of funding for water resource development and water
452	supply development projects, as identified in the water
453	management district regional water supply plans.
454	(b) A description of each district's progress toward
455	achieving its water resource development objectives, as directed
456	by s. 373.0831(3), including the district's implementation of
457	its 5-year water resource development work program.
458	(c) An assessment of the overall progress being made to
459	develop water supply that is consistent with regional water
460	supply plans to meet existing and future reasonable-beneficial
461	needs during a 1-in-10-year drought.
462	(6) Nothing contained in the water supply development
463	component of the district water management plan shall be
464	construed to require local governments, government-owned or
465	privately owned water utilities, self-suppliers, or other water
466	suppliers to select a water supply development option identified
467	in the component merely because it is identified in the plan,
468	nor may the plan be used in the review of permits under part II
469	unless the plan, or an applicable portion thereof, has been
470	adopted by rule. However, this subsection does not prohibit a
471	water management district from employing the data or other
472	information used to establish the plan in reviewing permits
473	under part II, nor shall itnotbe construed to limit the
474	authority of the department or governing board under part II.
475	Section 7. Subsection (3) of section 373.0831, Florida
476	Statutes, is amended, and paragraph (c) is added to
477	subsection(4) of said section, to read:
478	373.0831 Water resource development; water supply
479	development.--
480	(3) The water management districts shall fund and
481	implement water resource development as defined in s. 373.019.
482	The water management districts are encouraged to implement water
483	resource development as expeditiously as possible in areas
484	subject to regional water supply plans.Each governing board
485	shall include in its annual budget the amount needed for the
486	fiscal year to implement water resource development projects, as
487	prioritized in its regional water supply plans.
488	(4)
489	(c) If a proposed alternative water supply development
490	project is identified in the relevant approved regional water
491	supply plan, the project shall receive:
492	1. A 20-year consumptive use permit, if it otherwise meets
493	the permit requirements under ss. 373.223 and 373.236 and rules
494	adopted thereunder.
495	2. Priority funding pursuant to s. 373.1961(2) if the
496	project meets one of the criteria specified in paragraph (a).
497	Section 8. Subsection (2) of section 373.1961, Florida
498	Statutes, is amended to read:
499	373.1961 Water production.--
500	(2) The Legislature finds that, due to a combination of
501	factors, vastly increased demands have been placed on natural
502	supplies of fresh water, and that, absent increased development
503	of alternative water supplies, such demands may increase in the
504	future. The Legislature also finds that potential exists in the
505	state for the production of significant quantities of
506	alternative water supplies, including reclaimed water, and that
507	water production includes the development of alternative water
508	supplies, including reclaimed water, for appropriate uses. It is
509	the intent of the Legislature that utilities develop reclaimed
510	water systems, where reclaimed water is the most appropriate
511	alternative water supply option, to deliver reclaimed water to
512	as many users as possible through the most cost-effective means,
513	and to construct reclaimed water system infrastructure to their
514	owned or operated properties and facilities where they have
515	reclamation capability. It is also the intent of the Legislature
516	that the water management districts which levy ad valorem taxes
517	for water management purposes should share a percentage of those
518	tax revenues with water providers and users, including local
519	governments, water, wastewater, and reuse utilities, municipal,
520	industrial, and agricultural water users, and other public and
521	private water users, to be used to supplement other funding
522	sources in the development of alternative water supplies. The
523	Legislature finds that public moneys or services provided to
524	private entities for such uses constitute public purposes which
525	are in the public interest. In order to further the development
526	and use of alternative water supply systems, including reclaimed
527	water systems, the Legislature provides the following:
528	(a) The governing boards of the water management districts
529	where water resource caution areas have been designated shall
530	include in their annual budgets an amount for the development of
531	alternative water supply systems, including reclaimed water
532	systems, pursuant to the requirements of this subsection.
533	Beginning in 1996, such amounts shall be made available to water
534	providers and users no later than December 31 of each year,
535	through grants, matching grants, revolving loans, or the use of
536	district lands or facilities pursuant to the requirements of
537	this subsection and guidelines established by the districts. In
538	making grants or loans, funding priority shall be given to
539	projects in accordance with s. 373.0831(4). Without diminishing
540	amounts available through other means described in this
541	paragraph, the governing boards are encouraged to consider
542	establishing revolving loan funds to expand the total funds
543	available to accomplish the objectives of this section. A
544	revolving loan fund created pursuant to this paragraph shall be
545	a nonlapsing fund from which the water management district may
546	make loans with interest rates below prevailing market rates to
547	public or private entities for the purposes described in this
548	section. The governing board may adopt resolutions to establish
549	revolving loan funds which shall specify the details of the
550	administration of the fund, the procedures for applying for
551	loans from the fund, the criteria for awarding loans from the
552	fund, the initial capitalization of the fund, and the goals for
553	future capitalization of the fund in subsequent budget years.
554	Revolving loan funds created pursuant to this paragraph shall be
555	used to expand the total sums and sources of cooperative funding
556	available for the development of alternative water supplies. The
557	Legislature does not intend for the creation of revolving loan
558	trust funds to supplant or otherwise reduce existing sources or
559	amounts of funds currently available through other means.
560	(b) It is the intent of the Legislature that for each
561	reclaimed water utility, or any other utility, which receives
562	funds pursuant to this subsection, the appropriate rate-setting
563	authorities should develop rate structures for all water,
564	wastewater, and reclaimed water and other alternative water
565	supply utilities in the service area of the funded utility,
566	which accomplish the following:
567	1. Provide meaningful progress toward the development and
568	implementation of alternative water supply systems, including
569	reclaimed water systems;
570	2. Promote the conservation of fresh water withdrawn from
571	natural systems;
572	3. Provide for an appropriate distribution of costs for
573	all water, wastewater, and alternative water supply utilities,
574	including reclaimed water utilities, among all of the users of
575	those utilities; and
576	4. Prohibit rate discrimination within classes of utility
577	users.
578	(c) Funding assistance provided by the water management
579	districts for a water reuse system project shall include the
580	following grant or loan conditions for that project when the
581	water management district determines such conditions will
582	encourage water use efficiency:
583	1. Metering of reclaimed water use for the following
584	activities: residential irrigation, agricultural irrigation,
585	industrial uses except for electric utilities as defined in s.
586	366.02(2), golf course irrigation, landscape irrigation,
587	irrigation of other public access areas, commercial and
588	institutional uses such as toilet flushing, and transfers to
589	other reclaimed water utilities.
590	2. Implementation of reclaimed water rate structures based
591	on actual use of reclaimed water for the types of reuse
592	activities listed in subparagraph 1.
593	3. Implementation of education programs to inform the
594	public about water issues, water conservation, and the
595	importance and proper use of reclaimed water.
596	4. Development of location data for key reuse facilities.
597	(d)(c)In order to be eligible for funding pursuant to
598	this subsection, a project must be consistent with a local
599	government comprehensive plan and the governing body of the
600	local government must require all appropriate new facilities
601	within the project's service area to connect to and use the
602	project's alternative water supplies. The appropriate local
603	government must provide written notification to the appropriate
604	district that the proposed project is consistent with the local
605	government comprehensive plan.
606	(e)(d)Any and all revenues disbursed pursuant to this
607	subsection shall be applied only for the payment of capital or
608	infrastructure costs for the construction of alternative water
609	supply systems that provide alternative water supplies.
610	(f)(e)By January 1 of each year, the governing boards
611	shall make available written guidelines for the disbursal of
612	revenues pursuant to this subsection. Such guidelines shall
613	include at minimum:
614	1. An application process and a deadline for filing
615	applications annually.
616	2. A process for determining project eligibility pursuant
617	to the requirements of paragraphs (d)(c) and (e)(d).
618	3. A process and criteria for funding projects pursuant to
619	this subsection that cross district boundaries or that serve
620	more than one district.
621	(g)(f)The governing board of each water management
622	district shall establish an alternative water supplies grants
623	advisory committee to recommend to the governing board projects
624	for funding pursuant to this subsection. The advisory committee
625	members shall include, but not be limited to, one or more
626	representatives of county, municipal, and investor-owned private
627	utilities, and may include, but not be limited to,
628	representatives of agricultural interests and environmental
629	interests. Each committee member shall represent his or her
630	interest group as a whole and shall not represent any specific
631	entity. The committee shall apply the guidelines and project
632	eligibility criteria established by the governing board in
633	reviewing proposed projects. After one or more hearings to
634	solicit public input on eligible projects, the committee shall
635	rank the eligible projects and shall submit them to the
636	governing board for final funding approval. The advisory
637	committee may submit to the governing board more projects than
638	the available grant money would fund.
639	(h)(g)All revenues made available annually pursuant to
640	this subsection must be encumbered annually by the governing
641	board if it approves projects sufficient to expend the available
642	revenues. Funds must be disbursed within 36 months after
643	encumbrance.
644	(i)(h)For purposes of this subsection, alternative water
645	supplies are supplies of water that have been reclaimed after
646	one or more public supply, municipal, industrial, commercial, or
647	agricultural uses, or are supplies of stormwater, or brackish or
648	salt water, that have been treated in accordance with applicable
649	rules and standards sufficient to supply the intended use.
650	(j)(i)This subsection shall not be subject to the
651	rulemaking requirements of chapter 120.
652	(k)(j)By January 30 of each year, each water management
653	district shall submit an annual report to the Governor, the
654	President of the Senate, and the Speaker of the House of
655	Representatives which accounts for the disbursal of all budgeted
656	amounts pursuant to this subsection. Such report shall describe
657	all projects funded and shall account separately for moneys
658	provided through grants, matching grants, revolving loans, and
659	the use of district lands or facilities.
660	(l)(k)The Florida Public Service Commission shall allow
661	entities under its jurisdiction constructing alternative water
662	supply facilities, including but not limited to aquifer storage
663	and recovery wells, to recover the full, prudently incurred cost
664	of such facilities through their rate structure. Every component
665	of an alternative water supply facility constructed by an
666	investor-owned utility shall be recovered in current rates.
667	Section 9. Section 373.116, Florida Statutes, is amended
668	to read:
669	373.116 Procedure for water use and impoundment
670	construction permit applications.--
671	(1) Applications for water use permits, under part II of
672	this chapter; for permits for construction or alteration of
673	dams, impoundments, reservoirs, and appurtenant works, under
674	part IV of this chapter; and for permits under s. 403.812 shall
675	be filed with the water management district on appropriate forms
676	provided by the governing board.
677	(2) Upon receipt of an application for a permit of the
678	type referred to in subsection (1), the governing board shall
679	cause a notice thereof to be published in a newspaper having
680	general circulation within the affected area. In addition, the
681	governing board shall send, by regular or electronicmail, a
682	copy of such notice to any person who has filed a written
683	request for notification of any pending applications affecting
684	this particular designated area. Upon written request,Notice of
685	application for the consumptive use of water shall be mailed by
686	regular or electronicmail to the county and appropriate city
687	government from which boundaries the withdrawal is proposed to
688	be made.
689	Section 10. Subsection (9) is added to section 373.1963,
690	Florida Statutes, to read:
691	373.1963 Assistance to West Coast Regional Water Supply
692	Authority.--
693	(9) It is the intent of the Legislature that wetland areas
694	in northeastern Hillsborough County which have not yet been
695	adversely impacted by groundwater withdrawals for consumptive
696	use not be subject to groundwater withdrawals by the development
697	of wellfields by the authority. In order to protect the wetlands
698	in this area, the authority is hereby prohibited from seeking
699	permits from the Southwest Florida Water Management District for
700	the consumptive use of water from groundwater in northeastern
701	Hillsborough County north of Knights Griffin Road and east of
702	State Road 39.
703	Section 11. Subsection (5) is added to section 373.223,
704	Florida Statutes, to read:
705	373.223 Conditions for a permit.--
706	(5) The Legislature finds that the issuance of consumptive
707	use permits has a direct relation to efficient and effective
708	water resource development. The Legislature further finds that
709	the management of consumptive use permits has a direct relation
710	to efficient and effective water supply development. To help
711	identify the changes necessary to better utilize these permits,
712	the Legislature directs that the Department of Environmental
713	Protection and each water management district submit
714	recommendations to the appropriate substantive committees of
715	each house of the Legislature by December 1, 2003. The
716	recommendations shall identify alternative methods of extending
717	the use of existing water resources, including, but not limited
718	to, the potential rights of existing permitholders to share
719	water allocated under a consumptive use permit. The department
720	and the districts are encouraged to use public hearings to
721	gather information and shall include information provided by
722	basin boards and regional water supply authorities.
723	Section 12. Section 373.2234, Florida Statutes, is created
724	to read:
725	373.2234 Preferred water supply sources.--The governing
726	board of the district is authorized to adopt rules identifying
727	preferred water supply sources for which there is sufficient
728	data to establish that the source can be used to provide a
729	substantial new water supply to meet existing and reasonably
730	anticipated water needs in a water supply planning region
731	identified pursuant to s. 373.0361(1) while sustaining the water
732	resources and related natural systems. Such rules shall, at a
733	minimum, contain a description of the source and an assessment
734	of the water the source is projected to produce. If a
735	consumptive use permit applicant proposes to use such a source
736	consistent with the assessment, the proposed use shall be
737	subject to the provisions of s. 373.223(1), but such proposed
738	use shall be a factor deemed to be consistent with the public
739	interest pursuant to s. 373.223(1)(c). A consumptive use permit
740	issued approving the use of such a source shall be for at least
741	20 years and may be subject to the provisions of s. 373.226(3).
742	However, nothing in this section shall be construed to provide
743	that the use of nonpreferred sources must receive a permit
744	duration of less than 20 years or that such nonpreferred sources
745	are not consistent with the public interest.
746	Section 13. Paragraph (c) is added to subsection (2) of
747	section 373.250, Florida Statutes, to read:
748	373.250 Reuse of reclaimed water.--
749	(2)
750	(c) A water management district may require the use of
751	reclaimed water in lieu of surface water or groundwater when the
752	use of uncommitted reclaimed water is environmentally,
753	economically, and technically feasible. However, while
754	recognizing that the state’s surface water and groundwater are
755	public resources, nothing in this paragraph shall be construed
756	to give a water management district the authority to require a
757	provider of reclaimed water to redirect reclaimed water from one
758	user to another or to provide uncommitted water to a specific
759	user if such water is anticipated to be used by the provider, or
760	a different user selected by the provider, within a reasonable
761	amount of time.
762	Section 14. Paragraph (a) of subsection (6) of section
763	373.536, Florida Statutes, is amended to read:
764	373.536 District budget and hearing thereon.--
765	(6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
766	WATER RESOURCE DEVELOPMENT WORK PROGRAM.--
767	(a) Each district must, by the date specified for each
768	item, furnish copies of the following documents to the Governor,
769	the President of the Senate, the Speaker of the House of
770	Representatives, the chairs of all legislative committees and
771	subcommittees having substantive or fiscal jurisdiction over the
772	districts, as determined by the President of the Senate or the
773	Speaker of the House of Representatives as applicable, the
774	secretary of the department, and the governing board of each
775	county in which the district has jurisdiction or derives any
776	funds for the operations of the district:
777	1. The adopted budget, to be furnished within 10 days
778	after its adoption.
779	2. A financial audit of its accounts and records, to be
780	furnished within 10 days after its acceptance by the governing
781	board. The audit must be conducted in accordance with the
782	provisions of s. 11.45 and the rules adopted thereunder. In
783	addition to the entities named above, the district must provide
784	a copy of the audit to the Auditor General within 10 days after
785	its acceptance by the governing board.
786	3. A 5-year capital improvements plan, to be furnished
787	within 45 days after the adoption of the final budget. The plan
788	must include expected sources of revenue for planned
789	improvements and must be prepared in a manner comparable to the
790	fixed capital outlay format set forth in s. 216.043.
791	4. A 5-year water resource development work program to be
792	furnished within 45 days after the adoption of the final budget.
793	The program must describe the district's implementation strategy
794	for the water resource development component of each approved
795	regional water supply plan developed or revised under s.
796	373.0361. The work program must address all the elements of the
797	water resource development component in the district's approved
798	regional water supply plans and must identify which projects in
799	the work program will provide water, explain how each water
800	resource development project will produce additional water
801	available for consumptive uses, estimate the quantity of water
802	to be produced by each project, and provide an assessment of the
803	contribution of the district’s regional water supply plans in
804	providing sufficient water to meet the water supply needs of
805	existing and future reasonable-beneficial uses for a 1-in-10-
806	year drought event. Within 45 days after its submittal, the
807	department shall review the proposed work program and submit its
808	findings, questions, and comments to the district. The review
809	must include a written evaluation of the program's consistency
810	with the furtherance of the district's approved regional water
811	supply plans, and the adequacy of proposed expenditures. As part
812	of the review, the department shall give interested parties the
813	opportunity to provide written comments on each district's
814	proposed work program. Within 60 days after receipt of the
815	department's evaluation, the governing board shall state in
816	writing to the department which changes recommended in the
817	evaluation it will incorporate into its work program or specify
818	the reasons for not incorporating the changes. The department
819	shall include the district's responses in a final evaluation
820	report and shall submit a copy of the report to the Governor,
821	the President of the Senate, and the Speaker of the House of
822	Representatives.
823	(b) If any entity listed in paragraph (a) provides written
824	comments to the district regarding any document furnished under
825	this subsection, the district must respond to the comments in
826	writing and furnish copies of the comments and written responses
827	to the other entities.
828	Section 15. Landscape irrigation design.--
829	(1) The Legislature finds that multiple areas throughout
830	the state have been identified by water management districts as
831	water resource caution areas, which indicates that in the near
832	future water demand in those areas will exceed the current
833	available water supply and that conservation is one of the
834	mechanisms by which future water demand will be met.
835	(2) The Legislature finds that landscape irrigation
836	comprises a significant portion of water use and that the
837	current typical landscape irrigation system and xeriscape
838	designs offer significant potential water conservation benefits.
839	(3) It is the intent of the Legislature to improve
840	landscape irrigation water use efficiency by ensuring landscape
841	irrigation systems meet or exceed minimum design criteria.
842	(4) The water management districts shall develop and adopt
843	by rule landscape irrigation and xeriscape design standards for
844	new construction that incorporate a landscape irrigation system.
845	The standards shall be based on the irrigation code defined in
846	the Florida Building Code, Plumber’s Volume, Appendix F. Such
847	design standards should promote the effective and efficient use
848	of irrigation water and include a consideration of local
849	demographic, hydrologic, and other considerations as they apply
850	to landscape irrigation water use. When adopting an ordinance or
851	regulation, local governments shall use these approved
852	irrigation design standards.
853	(5) The water management districts shall work with the
854	Florida Chapter of the American Society of Landscape Architects,
855	the Florida Irrigation Society, the Florida Nurserymen and
856	Growers Association, the Department of Agriculture and Consumer
857	Services, the Institute of Food and Agricultural Sciences, the
858	Department of Environmental Protection, the Florida League of
859	Cities, and the Florida Association of Counties to develop
860	scientifically based model guidelines for urban, commercial, and
861	residential landscape irrigation, including drip irrigation, for
862	plants, trees, sod, and other landscaping. Local governments
863	shall use the scientific information when developing landscape
864	irrigation ordinances or guidelines. Every 3 years, the
865	agencies and entities specified in this subsection shall review
866	the model guidelines to determine whether new research findings
867	require a change or modification of the guidelines.
868	Section 16. Paragraph (g) is added to subsection (1) of
869	section 378.212, Florida Statutes, to read:
870	378.212 Variances.--
871	(1) Upon application, the secretary may grant a variance
872	from the provisions of this part or the rules adopted pursuant
873	thereto. Variances and renewals thereof may be granted for any
874	one of the following reasons:
875	(g) To accommodate reclamation that provides water supply
876	development or water resource development not inconsistent with
877	the applicable regional water supply plan approved pursuant to
878	s. 373.0361, provided adverse impacts are not caused to the
879	water resources in the basin. A variance may also be granted
880	from the requirements of part IV of chapter 373, or the rules
881	adopted thereunder, when a project provides an improvement in
882	water availability in the basin and does not cause adverse
883	impacts to water resources in the basin.
884	Section 17. Subsection (9) is added to section 378.404,
885	Florida Statutes, to read:
886	378.404 Department of Environmental Protection; powers and
887	duties.--The department shall have the following powers and
888	duties:
889	(9) To grant variances from the provisions of this part to
890	accommodate reclamation that provides for water supply
891	development or water resource development not inconsistent with
892	the applicable regional water supply plan approved pursuant to
893	s. 373.0361, appropriate stormwater management, improved
894	wildlife habitat, recreation, or a mixture thereof, provided
895	adverse impacts are not caused to the water resources in the
896	basin and public health and safety are not adversely affected.
897	Section 18. Subsections (1) and (6) of section 403.064,
898	Florida Statutes, are amended, and subsection (16) is added to
899	said section, to read:
900	403.064 Reuse of reclaimed water.--
901	(1) The encouragement and promotion of water conservation,
902	and reuse of reclaimed water, as defined by the department, are
903	state objectives and are considered to be in the public
904	interest. The Legislature finds that the reuse of reclaimed
905	water is a critical component of meeting the state's existing
906	and future water supply needs while sustaining natural systems.
907	The Legislature further finds that for those wastewater
908	treatment plants permitted and operated under an approved reuse
909	program by the department, the reclaimed water shall be
910	considered environmentally acceptable and not a threat to public
911	health and safety. The Legislature encourages the development of
912	incentive-based programs for reuse implementation.
913	(6) A reuse feasibility study prepared under subsection(2)
914	satisfies a water management district requirement to conduct a
915	reuse feasibility study imposed on a local government or utility
916	that has responsibility for wastewater management. The data
917	included in the study and the study’s conclusions shall be given
918	significant consideration by the applicant and the appropriate
919	water management district in an analysis of the economic,
920	environmental, and technical feasibility of providing reclaimed
921	water for reuse under part II of chapter 373 and shall be
922	presumed relevant to the determination of feasibility. A water
923	management district shall not require a separate study when a
924	reuse feasibility study has been completed under subsection (2).
925	(16) Utilities implementing reuse projects are encouraged,
926	except in the case of use by electric utilities as defined in s.
927	366.02(2), to meter use of reclaimed water by all end users and
928	to charge for the use of reclaimed water based on the actual
929	volume used when such metering and charges can be shown to
930	encourage water conservation. Metering and the use of volume-
931	based rates are effective water management tools for the
932	following reuse activities: residential irrigation, agricultural
933	irrigation, industrial uses, golf course irrigation, landscape
934	irrigation, irrigation of other public access areas, commercial
935	and institutional uses such as toilet flushing, and transfers to
936	other reclaimed water utilities. Beginning with the submittal
937	due on January 1, 2004, each domestic wastewater utility that
938	provides reclaimed water for the reuse activities listed in this
939	section shall include a summary of its metering and rate
940	structure as part of its annual reuse report to the department.
941	Section 19. Paragraph (b) of subsection (3) of section
942	403.1835, Florida Statutes, is amended, and subsection (12) is
943	added to said section, to read:
944	403.1835 Water pollution control financial assistance.--
945	(3) The department may provide financial assistance
946	through any program authorized under s. 603 of the Federal Water
947	Pollution Control Act (Clean Water Act), Pub. L. No. 92-500, as
948	amended, including, but not limited to, making grants and loans,
949	providing loan guarantees, purchasing loan insurance or other
950	credit enhancements, and buying or refinancing local debt. This
951	financial assistance must be administered in accordance with
952	this section and applicable federal authorities. The department
953	shall administer all programs operated from funds secured
954	through the activities of the Florida Water Pollution Control
955	Financing Corporation under s. 403.1837, to fulfill the purposes
956	of this section.
957	(b) The department may make or request the corporation to
958	make loans, grants, and deposits to other entities eligible to
959	participate in the financial assistance programs authorized
960	under the Federal Water Pollution Control Act, or as a result of
961	other federal action, which entities may pledge any revenue
962	available to them to repay any funds borrowed. Notwithstanding
963	s. 18.10, the department may make deposits to financial
964	institutions that earn less than the prevailing rate for United
965	States Treasury securities with corresponding maturities for the
966	purpose of enabling such financial institutions to make below-
967	market interest rate loans to entities qualified to receive
968	loans under this section and the rules of the department.
969	(12)(a) It is the intent of the Legislature that for each
970	reclaimed water utility or any other utility that receives funds
971	pursuant to this subsection, the appropriate rate-setting
972	authorities shall develop rate structures for all water,
973	wastewater, and reclaimed water and other alternative water
974	supply utilities in the service area of the funded utility which
975	accomplish the following:
976	1. Provide meaningful progress toward the development and
977	implementation of alternative water supply systems, including
978	reclaimed water systems.
979	2. Promote the conservation of fresh water withdrawn from
980	natural systems.
981	3. Provide for an appropriate distribution of costs for
982	all water, wastewater, and alternative water supply utilities,
983	including reclaimed water utilities, among all of the users of
984	those utilities.
985	(b) Funding assistance provided for a water reuse system
986	project shall include the following loan conditions for that
987	project when such conditions will encourage water use
988	efficiency:
989	1. Metering of reclaimed water use for the following
990	activities: residential irrigation, agricultural irrigation,
991	industrial uses except for electric utilities as defined in s.
992	366.02(2), golf course irrigation, landscape irrigation,
993	irrigation of other public access areas, and commercial uses.
994	2. Implementation of reclaimed water rate structures based
995	on actual use of reclaimed water for the reuse types listed in
996	subparagraph 1.
997	3. Implementation of education programs to inform the
998	public about water issues, water conservation, and the
999	importance and proper use of reclaimed water.
1000	Section 20. The Legislature finds that, within the area
1001	identified in the Lower East Coast Regional Water Supply Plan
1002	approved by the South Florida Water Management District pursuant
1003	to s. 373.0361, Florida Statutes, the groundwater levels can
1004	benefit from augmentation. The Legislature finds that the direct
1005	or indirect discharge of reclaimed water into canals and the
1006	aquifer system for transport and subsequent reuse may provide an
1007	environmentally acceptable means to augment water supplies and
1008	enhance natural systems; however, the Legislature also
1009	recognizes that there are water quality and water quantity
1010	issues that must be better understood and resolved. In addition,
1011	there are cost savings possible by collocating enclosed conduits
1012	for conveyance of water for reuse in this area within canal
1013	rights-of-way that should be investigated. Toward that end, the
1014	Department of Environmental Protection, in consultation with the
1015	South Florida Water Management District, Southeast Florida
1016	utilities, affected local governments, including local
1017	governments with principal responsibility for the operation and
1018	maintenance of a water control system capable of conveying
1019	reclaimed wastewater for reuse, representatives of the
1020	environmental and engineering communities, public health
1021	professionals, and individuals having expertise in water
1022	quality, shall conduct a study to investigate the feasibility of
1023	discharging reclaimed wastewater into canals and the aquifer
1024	system as an environmentally acceptable means of augmenting
1025	groundwater supplies, enhancing natural systems, and conveying
1026	reuse water within enclosed conduits within the canal right-of-
1027	way. The study shall include an assessment of the water quality,
1028	water supply, public health, technical, and legal implications
1029	related to the canal discharge and collocation concepts. The
1030	department shall issue a preliminary written report containing
1031	draft findings and recommendations for public comment by
1032	November 1, 2003. The department shall provide a written report
1033	on the results of its study to the Governor and the relevant
1034	substantive committees of the House of Representatives and the
1035	Senate by January 31, 2004. Nothing in this section shall be
1036	used to alter the purpose of the Comprehensive Everglades
1037	Restoration Plan or the implementation of the Water Resources
1038	Development Act of 2000.
1039	Section 21. If any provision of this act or the
1040	application thereof to any person or circumstance is held
1041	invalid, the invalidity does not affect other provisions or
1042	applications of this act which can be given effect without the
1043	invalid provision or application, and to this end the provisions
1044	of this act are declared severable.
1045	Section 22. Private property rights and regional
1046	reservoirs.--
1047	(1) The Legislature finds that construction of a regional
1048	reservoir designed to store more than 10 billion gallons of
1049	water may inordinately burden nearby real property because of
1050	the proximity of the reservoir and may result in a loss of value
1051	for the property owner. Therefore, a regional water supply
1052	authority, serving three or fewer counties, that is authorized
1053	to construct, operate, and maintain such a regional reservoir
1054	shall be deemed a governmental entity under s. 70.001, Florida
1055	Statutes, the Bert J. Harris, Jr., Private Property Rights
1056	Protection Act, for purposes of this section.
1057	(2) This section provides a cause of action for the
1058	actions of a regional water supply authority, in siting and
1059	constructing a reservoir as described in subsection (1), that
1060	may not rise to the level of a taking under the State
1061	Constitution or the United States Constitution. This section may
1062	not necessarily be construed under the case law regarding
1063	takings if the action of a regional water supply authority does
1064	not rise to the level of a taking. The provisions of this
1065	section are cumulative and do not abrogate any other remedy
1066	lawfully available, including any remedy lawfully available for
1067	the actions of a regional water supply authority that rise to
1068	the level of a taking.
1069	(3) Each owner of real property located within 10,000 feet
1070	of the center of the footprint of a regional reservoir, as
1071	described in subsection (1), or 5,500 feet from the exterior of
1072	the berm of such reservoir, may present a claim for compensation
1073	in writing to the head of the regional water supply authority on
1074	or before December 31, 2004, for a loss in property value
1075	resulting from the proximity of the reservoir. For each claim
1076	presented under this section, s. 70.001, Florida Statutes,
1077	applies, except, when there is conflict with this section, the
1078	provisions of this section shall govern.
1079	(a) The property owner must submit along with the claim a
1080	bona fide, valid appraisal that supports the claim and
1081	demonstrates the loss in property value to the real property.
1082	(b) A claim under this section shall be presented only to
1083	the regional water supply authority that is authorized to
1084	construct, operate, and maintain the reservoir.
1085	(4) The Legislature recognizes that construction and
1086	maintenance of a regional reservoir may not necessarily
1087	interfere with allowable uses of real property near the
1088	reservoir. However, the siting and construction of the reservoir
1089	may result in an actual loss in property value of real property
1090	located within 10,000 feet of the center of the footprint of the
1091	reservoir, or 5,500 feet from the exterior of the berm, because
1092	of the proximity of the reservoir. Therefore, any offer of
1093	compensation by the regional water supply authority shall be
1094	based solely on the loss in property value for the property
1095	owner as a result of the proximity of the reservoir and not on
1096	the effects the reservoir has on existing uses or on a vested
1097	right to a specific use of real property.
1098	(a) Notwithstanding s. 70.001, Florida Statutes, the
1099	regional water supply authority to whom a claim is presented
1100	shall, not later than 180 days after receiving such claim:
1101	1. Make a written offer to purchase the real property if
1102	there is more than a 50-percent loss in value to the real
1103	property as a result of the proximity of the reservoir and if
1104	the property owner is a willing seller;
1105	2. Make a written offer to purchase an interest in rights
1106	of use which may become transferable development rights to be
1107	held, sold, or otherwise disposed of by the regional water
1108	supply authority; or
1109	3. Terminate negotiations.
1110	(b) An offer by the regional water supply authority to
1111	purchase the property in fee or purchase an interest in rights
1112	of use under this section shall cover the cost of the appraisal
1113	required in subsection (3).
1114	(5) During the 180-day period, unless the property owner
1115	accepts a written offer for purchase pursuant to subparagraph
1116	(4)(a)1. or 2., the regional water supply authority shall issue
1117	a final decision stating that:
1118	(a) The real property has a loss in property value due to
1119	an inordinate burden on the property resulting from the
1120	proximity of the reservoir and the regional water supply
1121	authority and property owner cannot reach agreement on the
1122	amount of compensation; or
1123	(b) The property owner has failed to establish a basis for
1124	relief under the provisions of this section and s. 70.001,
1125	Florida Statutes.
1126
1127	Failure of the regional water supply authority to issue a final
1128	decision as required by this subsection shall cause the written
1129	offer or termination of negotiations required in subsection (4)
1130	to operate as a final decision. As a matter of law, this final
1131	decision constitutes the last prerequisite to judicial review of
1132	the merits for the purposes of the judicial proceeding provided
1133	for in s. 70.001, Florida Statutes.
1134	(6) The circuit court, for purposes of this section, shall
1135	determine whether, considering the written offer and final
1136	decision, the regional water supply authority has inordinately
1137	burdened the subject real property. Following a determination
1138	that the regional water supply authority has inordinately
1139	burdened the real property, the court shall impanel a jury to
1140	determine the total amount of compensation to the property owner
1141	for the loss in property value due to the inordinate burden to
1142	the subject real property.
1143	(7) Pursuant to s. 70.001, Florida Statutes, the court may
1144	award reasonable costs and attorney's fees and the court shall
1145	determine the amount. If the court awards the property owner
1146	reasonable costs and attorney's fees, the costs shall include
1147	the cost of the appraisal required in subsection (3).
1148	(8) This section shall take effect July 1, 2003, or upon
1149	becoming a law, whichever occurs later, and is repealed
1150	effective January 1, 2005. However, the repeal of this section
1151	shall not affect a claim filed on or before December 31, 2004.
1152	Section 23. If any law amended by this act was also
1153	amended by a law enacted at the 2003 Regular Session of the
1154	Legislature or at the 2003 Special Session A of the Legislature,
1155	such laws shall be construed as if they had been enacted at the
1156	same session of the Legislature, and full effect shall be given
1157	to each if possible.
1158	Section 24. Except as otherwise provided herein, this act
1159	shall take effect upon becoming a law and shall apply to all
1160	contracts pending on that date.