Senate Bill sb0440c1

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    Florida Senate - 2005                            CS for SB 440

    By the Committee on Environmental Preservation; and Senator
    Dockery




    592-1775-05

  1                      A bill to be entitled

  2         An act relating to water supply policy,

  3         planning, and production; creating part VII of

  4         ch. 373, F.S., relating to water supply policy,

  5         planning, and production; creating s. 373.701,

  6         F.S.; providing a declaration of policy;

  7         creating s. 373.703, F.S.; providing

  8         definitions; creating s. 373.705, F.S.;

  9         providing for the powers and duties of water

10         management district governing boards; creating

11         s. 373.707, F.S.; requiring the Department of

12         Environmental Protection to develop the Florida

13         water supply plan; providing components of the

14         plan; requiring water management district

15         governing boards to develop water supply plans

16         for their respective regions; providing

17         components of district water supply plans;

18         creating s. 373.709, F.S.; providing

19         legislative findings and intent with respect to

20         water resource development and water supply

21         development; requiring water management

22         districts to fund and implement water resource

23         development; specifying water supply

24         development projects that are eligible to

25         receive priority consideration for state or

26         water management district funding assistance;

27         creating s. 373.711, F.S.; providing

28         legislative findings and intent with respect to

29         alternative water supplies; requiring the

30         governing boards of the water management

31         districts where water resource caution areas

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 1         have been designated to include in their annual

 2         budgets an amount for the development of

 3         alternative water supply systems; providing

 4         funding priority for projects; providing that

 5         governing boards are encouraged to establish

 6         revolving loan funds; providing requirements

 7         with respect to such revolving loan funds;

 8         providing legislative intent with respect to

 9         the development of rate structures by the

10         appropriate rate-setting authorities for all

11         water, wastewater, and reclaimed water and

12         other alternative water supply utilities in the

13         service area of a funded utility; specifying

14         intended purposes of such rate structures;

15         providing that funding assistance provided by

16         the water management districts for a water

17         reuse system project may include specified

18         grant or loan conditions; providing

19         requirements for eligibility for funding of

20         projects; requiring specified written notice;

21         providing for application of revenues;

22         requiring governing boards to make written

23         guidelines for disbursal of revenues available

24         annually; providing components of such

25         guidelines; requiring the governing board of

26         each water management district to establish an

27         alternative water supplies grants advisory

28         committee to recommend to the governing board

29         projects for funding; providing requirements

30         with respect to revenues made available

31         annually; defining "alternative water

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 1         supplies"; providing that provisions governing

 2         alternative water supplies are not subject to

 3         the rulemaking requirements of the

 4         Administrative Procedures Act; requiring water

 5         management districts to submit annual reports

 6         accounting for the disbursal of all budget

 7         amounts; requiring the Florida Public Service

 8         Commission to allow entities under its

 9         jurisdiction constructing alternative water

10         supply facilities to recover specified costs

11         through their rate structure; providing that

12         every component of an alternative water supply

13         facility constructed by an investor-owned

14         utility shall be recovered in current rates;

15         creating s. 373.713, F.S.; requiring a water

16         management district governing board to conduct

17         water supply planning for each region

18         identified in the district water supply plan;

19         providing procedures and requirements with

20         respect to regional water supply plans;

21         providing for joint development of a specified

22         water supply development component of a

23         regional water supply plan within the

24         boundaries of the Southwest Florida Water

25         Management District; providing that approval of

26         a regional water supply plan is not subject to

27         the rulemaking requirements of the

28         Administrative Procedures Act; requiring the

29         department to submit annual reports on the

30         status of regional water supply planning in

31         each district; providing construction with

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    Florida Senate - 2005                            CS for SB 440
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 1         respect to the water supply development

 2         component of a district water management plan;

 3         creating s. 373.715, F.S.; requiring the water

 4         management districts to assist local

 5         governments in the development and future

 6         revision of local government comprehensive plan

 7         elements or public facilities reports related

 8         to water resource issues; requiring each water

 9         management district to prepare and provide

10         information and data to assist local

11         governments in the preparation and

12         implementation of local government

13         comprehensive plans or public facilities

14         reports; creating s. 373.717, F.S.; providing

15         for the creation of regional water supply

16         authorities; providing purpose of such

17         authorities; specifying considerations with

18         respect to the creation of a proposed

19         authority; specifying authority of a regional

20         water supply authority; providing authority of

21         specified entities to convey title, dedicate

22         land, or grant land-use rights to a regional

23         water supply authority for specified purposes;

24         providing preferential rights of counties and

25         municipalities to purchase water from regional

26         water supply authorities; providing exemption

27         for specified water supply authorities from

28         consideration of certain factors and

29         submissions; providing applicability of such

30         exemptions; creating s. 373.719, F.S.;

31         authorizing the West Coast Regional Water

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 1         Supply Authority and its member governments to

 2         reconstitute the authority's governance and

 3         rename the authority under a voluntary

 4         interlocal agreement; providing compliance

 5         requirements with respect to the interlocal

 6         agreement; providing for supersession of

 7         conflicting general or special laws; providing

 8         requirements with respect to annual budgets;

 9         specifying the annual millage for the

10         authority; authorizing the authority to request

11         the governing board of the district to levy ad

12         valorem taxes within the boundaries of the

13         authority to finance authority functions;

14         providing requirements and procedures with

15         respect to the collection of such taxes;

16         amending ss. 120.52, 163.3167, 163.3177,

17         163.3191, 186.009, 189.404, 189.4155, 189.4156,

18         and 367.021, F.S.; conforming cross-references;

19         amending s. 373.019, F.S.; revising

20         definitions; amending ss. 373.0421, 373.0695,

21         373.223, 373.2234, 373.229, 373.421, 373.536,

22         373.59, 378.212, 378.404, 403.031, 403.813,

23         403.0891, 556.102, 682.02, F.S.; conforming

24         cross-references; repealing s. 373.036, F.S.,

25         relating to Florida water and district water

26         management plans; repealing s. 373.0361, F.S.,

27         relating to regional water supply planning;

28         repealing s. 373.0391, F.S., relating to

29         technical assistance to local governments;

30         repealing s. 373.0831, F.S., relating to water

31         resource and water supply development;

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 1         repealing s. 373.196, F.S., relating to

 2         legislative findings; repealing s. 373.1961,

 3         F.S., relating to water production; repealing

 4         s. 373.1962, F.S., relating to regional water

 5         supply authorities; repealing s. 373.1963,

 6         F.S., relating to assistance to the West Coast

 7         Regional Water Supply Authority; providing an

 8         effective date.

 9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Part VII of chapter 373, Florida Statutes,

13  consisting of sections 373.701, 373.703, 373.705, 373.707,

14  373.709, 373.711, 373.713, 373.715, 373.717, and 373.719, is

15  created to read:

16                             PART VII

17          WATER SUPPLY POLICY, PLANNING, AND PRODUCTION

18         373.701  Declaration of policy.--It is declared to be

19  the policy of the Legislature that:

20         (1)  Water constitutes a public resource benefiting the

21  entire state.

22         (2)  The availability of sufficient water for all

23  existing and future reasonable-beneficial uses and natural

24  systems shall be promoted.

25         (3)  Water supply planning and production in the state

26  be conducted on a state and regional basis.

27         (4)  There is a need to allocate water throughout the

28  state so as to meet all reasonable-beneficial uses. However,

29  the Legislature acknowledges that such allocations have in the

30  past adversely affected the water resources of certain areas

31  in this state. To protect such water resources and to meet the

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 1  current and future needs of those areas with abundant water,

 2  the Legislature directs the department and the water

 3  management districts to encourage the use of water from

 4  sources nearest the area of use or application whenever

 5  practicable. Such sources shall include all naturally

 6  occurring water sources and all alternative water sources,

 7  including, but not limited to, desalination, conservation,

 8  reuse of nonpotable reclaimed water and stormwater, and

 9  aquifer storage and recovery.

10         (5)  In establishing the policy outlined in subsection

11  (4), the Legislature realizes that under certain circumstances

12  the need to transport water from distant sources may be

13  necessary for environmental, technical, or economic reasons.

14         (6)  Cooperative efforts between municipalities,

15  counties, water management districts, and the Department of

16  Environmental Protection are mandatory in order to meet the

17  water needs of rapidly urbanizing areas in a manner that will

18  supply adequate and dependable supplies of water where needed

19  without resulting in adverse effects upon the areas from

20  whence such water is withdrawn. Such efforts should use all

21  practical means of obtaining water, including, but not limited

22  to, withdrawals of surface water and groundwater, recycling of

23  waste water, and desalinization, and will necessitate not only

24  cooperation but also well-coordinated activities.

25         (7)  Municipalities and counties are encouraged to

26  create regional water supply authorities as authorized herein.

27  It is further the intent that municipalities, counties, and

28  regional water supply authorities are to have the primary

29  responsibility for water supply, and water management

30  districts and their basin boards are to engage only in those

31  functions that are incidental to the exercise of their flood

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 1  control and water management powers or that are related to

 2  water resource development pursuant to s. 373.709.

 3         (8)  Nothing herein shall be construed to preclude the

 4  various municipalities and counties from continuing to operate

 5  existing water production and transmission facilities or to

 6  enter into cooperative agreements with other municipalities

 7  and counties for the purpose of meeting their respective needs

 8  for dependable and adequate supplies of water, provided the

 9  obtaining of water through such operations shall not be done

10  in a manner which results in adverse effects upon the areas

11  from whence such water is withdrawn.

12         373.703  Definitions.--When appearing in this chapter

13  or in any rule, regulation, or order adopted pursuant thereto,

14  the following words shall, unless the context clearly

15  indicates otherwise, mean:

16         (1)  "District water supply plan" means the regional

17  water resource plan developed by a governing board under s.

18  373.707.

19         (2)  "Florida water supply plan" means the state-level

20  water resource plan developed by the department under s.

21  373.707.

22         (3)  "Regional water supply plan" means a detailed

23  water supply plan developed by a governing board under s.

24  373.713.

25         (4)  "Water resource development" means the formulation

26  and implementation of regional water resource management

27  strategies, including the collection and evaluation of surface

28  water and groundwater data; structural and nonstructural

29  programs to protect and manage water resources; the

30  development of regional water resource implementation

31  programs; the construction, operation, and maintenance of

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 1  major public works facilities to provide for surface and

 2  underground water storage, and groundwater recharge

 3  augmentation; and related technical assistance to local

 4  governments and to government-owned and privately owned water

 5  utilities.

 6         (5)  "Water supply development" means the planning,

 7  design, construction, operation, and maintenance of public or

 8  private facilities for water collection, production,

 9  treatment, transmission, or distribution for sale, resale, or

10  end use.

11         373.705  Powers and duties.--In the performance of, and

12  in conjunction with, its other powers and duties, the

13  governing board of a water management district existing

14  pursuant to this chapter:

15         (1)  Shall engage in planning to assist counties,

16  municipalities, private utilities, or regional water supply

17  authorities in meeting water supply needs in such manner as

18  will give priority to encouraging conservation and reducing

19  adverse environmental effects of improper or excessive

20  withdrawals of water from concentrated areas. As used in this

21  section, regional water supply authorities are regional water

22  authorities created under s. 373.717 or other laws of this

23  state.

24         (2)  Shall assist counties, municipalities, private

25  utilities, or water supply authorities in meeting water supply

26  needs in such manner as will give priority to encouraging

27  conservation and reducing adverse environmental effects of

28  improper or excessive withdrawals of water from concentrated

29  areas.

30         (3)  May establish, design, construct, operate, and

31  maintain water production and transmission facilities for the

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 1  purpose of supplying water to counties, municipalities,

 2  private utilities, or regional water supply authorities. The

 3  permit required by part II for a water management district

 4  engaged in water production and transmission shall be granted,

 5  denied, or granted with conditions by the department.

 6         (4)  Shall not engage in local distribution.

 7         (5)  Shall not deprive, directly or indirectly, any

 8  county wherein water is withdrawn of the prior right to the

 9  reasonable and beneficial use of water that is required to

10  supply adequately the reasonable and beneficial needs of the

11  county or any of the inhabitants or property owners therein.

12         (6)  May provide water and financial assistance to

13  regional water supply authorities, but may not provide water

14  to counties and municipalities that are located within the

15  area of such authority without the specific approval of the

16  authority or, in the event of the authority's disapproval, the

17  approval of the Governor and Cabinet sitting as the Land and

18  Water Adjudicatory Commission. The district may supply water

19  at rates and upon terms mutually agreed to by the parties or,

20  if they do not agree, as set by the governing board and

21  specifically approved by the Governor and Cabinet sitting as

22  the Land and Water Adjudicatory Commission.

23         (7)  May acquire title to such interest as is necessary

24  in real property, by purchase, gift, devise, lease, eminent

25  domain, or otherwise, for water production and transmission

26  consistent with this section. However, the district shall not

27  use any of the eminent domain powers herein granted to acquire

28  water and water rights already devoted to reasonable and

29  beneficial use or any water production or transmission

30  facilities owned by any county, municipality, or regional

31  water supply authority. The district may exercise eminent

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 1  domain powers outside its district boundaries for the

 2  acquisition of pumpage facilities, storage areas, transmission

 3  facilities, and the normal appurtenances thereto, provided

 4  that at least 45 days prior to the exercise of eminent domain,

 5  the district notifies the district where the property is

 6  located after public notice and the district where the

 7  property is located does not object within 45 days after

 8  notification of such exercise of eminent domain authority.

 9         (8)  In addition to the power to issue revenue bonds

10  pursuant to s. 373.584, may issue revenue bonds for the

11  purposes of paying the costs and expenses incurred in carrying

12  out the purposes of this part or refunding obligations of the

13  district issued pursuant to this section. Such revenue bonds

14  shall be secured by, and be payable from, revenues derived

15  from the operation, lease, or use of its water production and

16  transmission facilities and other water-related facilities and

17  from the sale of water or services relating thereto. Such

18  revenue bonds may not be secured by, or be payable from,

19  moneys derived by the district from the Water Management Lands

20  Trust Fund or from ad valorem taxes received by the district.

21  All provisions of s. 373.584 relating to the issuance of

22  revenue bonds which are not inconsistent with this section

23  shall apply to the issuance of revenue bonds pursuant to this

24  section. The district may also issue bond anticipation notes

25  in accordance with the provisions of s. 373.584.

26         (9)  May join with one or more other water management

27  districts, counties, municipalities, private utilities, or

28  regional water supply authorities for the purpose of carrying

29  out any of its powers, and may contract with such other

30  entities to finance acquisitions, construction, operation, and

31  maintenance. The contract may provide for contributions to be

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 1  made by each party thereto for the division and apportionment

 2  of the expenses of acquisitions, construction, operation, and

 3  maintenance, and for the division and apportionment of the

 4  benefits, services, and products therefrom. The contracts may

 5  contain other covenants and agreements necessary and

 6  appropriate to accomplish their purposes.

 7         373.707  Florida water supply plan; district water

 8  supply plans.--

 9         (1)  In cooperation with the water management

10  districts, regional water supply authorities, and others, the

11  department shall develop the Florida water supply plan. The

12  Florida water supply plan shall include, but not be limited

13  to:

14         (a)  The programs and activities of the department

15  related to water supply.

16         (b)  The district water supply plans.

17         (c)  Goals, objectives, and guidance for the

18  development and review of programs, rules, and plans relating

19  to water supply based on statutory policies and directives.

20         (2)(a)  Each governing board shall develop a district

21  water supply plan for its region. The district water supply

22  plan shall be based on at least a 20-year planning period;

23  shall be developed and revised in cooperation with other

24  agencies, regional water supply authorities, units of

25  government, and interested parties; and shall be updated at

26  least once every 5 years. The governing board shall hold a

27  public hearing at least 30 days in advance of completing the

28  development or revision of the district water supply plan.

29         (b)  The district water supply plan shall include, but

30  not be limited to:

31  

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 1         1.  The scientific methodologies for establishing

 2  minimum flows and levels under s. 373.042, and all established

 3  minimum flows and levels.

 4         2.  Identification of one or more water supply planning

 5  regions that singly or together encompass the entire district.

 6         3.  Technical data and information prepared under ss.

 7  373.715 and 373.0395.

 8         4.  A districtwide water supply assessment, which

 9  determines for each water supply planning region:

10         a.  Existing legal uses, reasonably anticipated future

11  needs, and existing and reasonably anticipated sources of

12  water and conservation efforts; and

13         b.  Whether existing and reasonably anticipated sources

14  of water and conservation efforts are adequate to supply water

15  for all existing legal uses and reasonably anticipated future

16  needs and to sustain the water resources and related natural

17  systems.

18         5.  Any completed regional water supply plans prepared

19  pursuant to s. 373.713.

20         (c)  If necessary for implementation, the governing

21  board shall adopt by rule or order relevant portions of the

22  district water supply plan, to the extent of its statutory

23  authority.

24         (d)  In the formulation of the district water supply

25  plan, the governing board shall give due consideration to:

26         1.  The attainment of maximum reasonable-beneficial use

27  of water resources.

28         2.  The maximum economic development of the water

29  resources consistent with other uses.

30  

31  

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 1         3.  The management of water resources for such purposes

 2  as environmental protection, drainage, flood control, and

 3  water storage.

 4         4.  The quantity of water available for application to

 5  a reasonable-beneficial use.

 6         5.  The prevention of wasteful, uneconomical,

 7  impractical, or unreasonable uses of water resources.

 8         6.  Presently exercised domestic use and permit rights.

 9         7.  The state water resources policy as expressed by

10  this chapter.

11         (3)  The department and governing board shall give

12  careful consideration to the requirements of public recreation

13  and to the protection and procreation of fish and wildlife.

14  The department or governing board may prohibit or restrict

15  other future uses on certain designated bodies of water which

16  may be inconsistent with these objectives.

17         (4)  The governing board may designate certain uses in

18  connection with a particular source of supply which, because

19  of the nature of the activity or the amount of water required,

20  would constitute an undesirable use for which the governing

21  board may deny a permit.

22         (5)  The governing board may designate certain uses in

23  connection with a particular source of supply which, because

24  of the nature of the activity or the amount of water required,

25  would result in an enhancement or improvement of the water

26  resources of the area. Such uses shall be preferred over other

27  uses in the event of competing applications under the

28  permitting systems authorized by this chapter.

29         (6)  The department, in cooperation with the Executive

30  Office of the Governor or its successor agency, may add to the

31  Florida water supply plan any other information, directions,

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 1  or objectives it deems necessary or desirable for the guidance

 2  of the governing boards or other agencies in the

 3  administration and enforcement of this chapter.

 4         373.709  Water resource development; water supply

 5  development.--

 6         (1)  The Legislature finds that:

 7         (a)  The proper role of the water management districts

 8  in water supply is primarily planning and water resource

 9  development, but this does not preclude them from providing

10  assistance with water supply development.

11         (b)  The proper role of local government, regional

12  water supply authorities, and government-owned and privately

13  owned water utilities in water supply is primarily water

14  supply development, but this does not preclude them from

15  providing assistance with water resource development.

16         (c)  Water resource development and water supply

17  development must receive priority attention, where needed, to

18  increase the availability of sufficient water for all existing

19  and future reasonable-beneficial uses and natural systems.

20         (2)  It is the intent of the Legislature that:

21         (a)  Sufficient water be available for all existing and

22  future reasonable-beneficial uses and the natural systems, and

23  that the adverse effects of competition for water supplies be

24  avoided.

25         (b)  Water management districts take the lead in

26  identifying and implementing water resource development

27  projects, and be responsible for securing necessary funding

28  for regionally significant water resource development

29  projects.

30         (c)  Local governments, regional water supply

31  authorities, and government-owned and privately owned water

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 1  utilities take the lead in securing funds for and implementing

 2  water supply development projects. Generally, direct

 3  beneficiaries of water supply development projects should pay

 4  the costs of the projects from which they benefit, and water

 5  supply development projects should continue to be paid for

 6  through local funding sources.

 7         (d)  Water supply development be conducted in

 8  coordination with water management district regional water

 9  supply planning and water resource development.

10         (3)  The water management districts shall fund and

11  implement water resource development as defined in s. 373.703.

12  The water management districts are encouraged to implement

13  water resource development as expeditiously as possible in

14  areas subject to regional water supply plans. Each governing

15  board shall include in its annual budget the amount needed for

16  the fiscal year to implement water resource development

17  projects, as prioritized in its regional water supply plans

18         (4)(a)  Water supply development projects that are

19  consistent with the relevant regional water supply plans and

20  meet one or more of the following criteria shall receive

21  priority consideration for state or water management district

22  funding assistance:

23         1.  The project supports establishment of a dependable,

24  sustainable supply of water which is not otherwise financially

25  feasible;

26         2.  The project provides substantial environmental

27  benefits by preventing or limiting adverse water resource

28  impacts, but requires funding assistance to be economically

29  competitive with other options; or

30  

31  

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 1         3.  The project significantly implements reuse,

 2  storage, recharge, or conservation of water in a manner that

 3  contributes to the sustainability of regional water sources.

 4         (b)  Water supply development projects that meet the

 5  criteria in paragraph (a) and also bring about replacement of

 6  existing sources in order to help implement a minimum flow or

 7  level shall be given first consideration for state or water

 8  management district funding assistance.

 9         (c)  If a proposed alternative water supply development

10  project is identified in the relevant approved regional water

11  supply plan, the project shall receive:

12         1.  A 20-year consumptive use permit, if it otherwise

13  meets the permit requirements under ss. 373.223 and 373.236

14  and rules adopted thereunder.

15         2.  Consideration for priority funding pursuant to s.

16  373.711 if the project meets one of the criteria in this

17  subsection.

18         373.711  Alternative water supplies.--The Legislature

19  finds that, due to a combination of factors, vastly increased

20  demands have been placed on natural supplies of fresh water,

21  and that, absent increased development of alternative water

22  supplies, such demands may increase in the future. The

23  Legislature also finds that potential exists in the state for

24  the production of significant quantities of alternative water

25  supplies, including reclaimed water, and that water production

26  includes the development of alternative water supplies,

27  including reclaimed water, for appropriate uses. It is the

28  intent of the Legislature that utilities develop reclaimed

29  water systems, where reclaimed water is the most appropriate

30  alternative water supply option, to deliver reclaimed water to

31  as many users as possible through the most cost-effective

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 1  means, and to construct reclaimed water system infrastructure

 2  to their owned or operated properties and facilities where

 3  they have reclamation capability. It is also the intent of the

 4  Legislature that the water management districts that levy ad

 5  valorem taxes for water management purposes should share a

 6  percentage of those tax revenues with water providers and

 7  users, including local governments; water, wastewater, and

 8  reuse utilities; municipal, industrial, and agricultural water

 9  users; and other public and private water users, to be used to

10  supplement other funding sources in the development of

11  alternative water supplies. The Legislature finds that public

12  moneys or services provided to private entities for such uses

13  constitute public purposes that are in the public interest. In

14  order to further the development and use of alternative water

15  supply systems, including reclaimed water systems, the

16  Legislature provides the following:

17         (1)  The governing boards of the water management

18  districts where water resource caution areas have been

19  designated shall include in their annual budgets an amount for

20  the development of alternative water supply systems, including

21  reclaimed water systems, pursuant to the requirements of this

22  subsection. Beginning in 1996, such amounts shall be made

23  available to water providers and users no later than December

24  31 of each year, through grants, matching grants, revolving

25  loans, or the use of district lands or facilities pursuant to

26  the requirements of this subsection and guidelines established

27  by the districts. In making grants or loans, funding priority

28  must be given to projects in accordance with s. 373.709(4).

29  Without diminishing amounts available through other means

30  described in this section, the governing boards are encouraged

31  to consider establishing revolving loan funds to expand the

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 1  total funds available to accomplish the objectives of this

 2  section. A revolving loan fund created under this section must

 3  be a nonlapsing fund from which the water management district

 4  may make loans with interest rates below prevailing market

 5  rates to public or private entities for the purposes described

 6  in this section. The governing board may adopt resolutions to

 7  establish revolving loan funds which must specify the details

 8  of the administration of the fund, the procedures for applying

 9  for loans from the fund, the criteria for awarding loans from

10  the fund, the initial capitalization of the fund, and the

11  goals for future capitalization of the fund in subsequent

12  budget years. Revolving loan funds created under this section

13  must be used to expand the total sums and sources of

14  cooperative funding available for the development of

15  alternative water supplies. The Legislature does not intend

16  for the creation of revolving loan funds to supplant or

17  otherwise reduce existing sources or amounts of funds

18  currently available through other means.

19         (2)  It is the intent of the Legislature that for each

20  reclaimed water utility, or any other utility that receives

21  funds pursuant to this section, the appropriate rate-setting

22  authorities should develop rate structures for all water,

23  wastewater, and reclaimed water and other alternative water

24  supply utilities in the service area of the funded utility,

25  which accomplish the following:

26         (a)  Provide meaningful progress toward the development

27  and implementation of alternative water supply systems,

28  including reclaimed water systems;

29         (b)  Promote the conservation of fresh water withdrawn

30  from natural systems;

31  

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 1         (c)  Provide for an appropriate distribution of costs

 2  for all water, wastewater, and alternative water supply

 3  utilities, including reclaimed water utilities, among all of

 4  the users of those utilities; and

 5         (d)  Prohibit rate discrimination within classes of

 6  utility users.

 7         (3)  Funding assistance provided by the water

 8  management districts for a water reuse system project may

 9  include the following grant or loan conditions for that

10  project if the water management district determines that such

11  conditions will encourage water use efficiency:

12         (a)  Metering of reclaimed water use for the following

13  activities: residential irrigation, agricultural irrigation,

14  industrial uses except for electric utilities as defined in s.

15  366.02(2), landscape irrigation, irrigation of other public

16  access areas, commercial and institutional uses such as toilet

17  flushing, and transfers to other reclaimed water utilities.

18         (b)  Implementation of reclaimed water rate structures

19  based on actual use of reclaimed water for the types of reuse

20  activities listed in paragraph (a).

21         (c)  Implementation of education programs to inform the

22  public about water issues, water conservation, and the

23  importance and proper use of reclaimed water.

24         (d)  Development of location data for key reuse

25  facilities.

26         (4)  In order to be eligible for funding pursuant to

27  this section, a project must be consistent with a local

28  government comprehensive plan and the governing body of the

29  local government must require all appropriate new facilities

30  within the project's service area to connect to and use the

31  project's alternative water supplies. The appropriate local

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 1  government must provide written notification to the

 2  appropriate district that the proposed project is consistent

 3  with the local government comprehensive plan.

 4         (5)  Any and all revenues disbursed pursuant to this

 5  section shall be applied only for the payment of capital or

 6  infrastructure costs for the construction of alternative water

 7  supply systems that provide alternative water supplies.

 8         (6)  By January 1 of each year, the governing boards

 9  shall make available written guidelines for the disbursal of

10  revenues pursuant to this section. Such guidelines shall

11  include at minimum:

12         (a)  An application process and a deadline for filing

13  applications annually.

14         (b)  A process for determining project eligibility

15  pursuant to the requirements of paragraphs (c) and (d).

16         (c)  A process and criteria for funding projects

17  pursuant to this section which cross district boundaries or

18  that serve more than one district.

19         (7)  The governing board of each water management

20  district shall establish an alternative water supplies grants

21  advisory committee to recommend to the governing board

22  projects for funding pursuant to this section. The advisory

23  committee members shall include, but not be limited to, one or

24  more representatives of county, municipal, and investor-owned

25  private utilities, and may include, but not be limited to,

26  representatives of agricultural interests and environmental

27  interests. Each committee member shall represent his or her

28  interest group as a whole and shall not represent any specific

29  entity. The committee shall apply the guidelines and project

30  eligibility criteria established by the governing board in

31  reviewing proposed projects. After one or more hearings to

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 1  solicit public input on eligible projects, the committee shall

 2  rank the eligible projects and shall submit them to the

 3  governing board for final funding approval. The advisory

 4  committee may submit to the governing board more projects than

 5  the available grant money would fund.

 6         (8)  All revenues made available annually pursuant to

 7  this section must be encumbered annually by the governing

 8  board if it approves projects sufficient to expend the

 9  available revenues. Funds must be disbursed within 36 months

10  after encumbrance.

11         (9)  For purposes of this section, the term

12  "alternative water supplies" are supplies of water which have

13  been reclaimed after one or more public supply, municipal,

14  industrial, commercial, or agricultural uses, or are supplies

15  of stormwater, or brackish or salt water, which have been

16  treated in accordance with applicable rules and standards

17  sufficient to supply the intended use.

18         (10)  This section shall not be subject to the

19  rulemaking requirements of chapter 120.

20         (11)  By January 30 of each year, each water management

21  district shall submit an annual report to the Governor, the

22  President of the Senate, and the Speaker of the House of

23  Representatives which accounts for the disbursal of all

24  budgeted amounts pursuant to this section. Such report shall

25  describe all projects funded and shall account separately for

26  moneys provided through grants, matching grants, revolving

27  loans, and the use of district lands or facilities.

28         (12)  The Florida Public Service Commission shall allow

29  entities under its jurisdiction constructing alternative water

30  supply facilities, including, but not limited to, aquifer

31  storage and recovery wells, to recover the full, prudently

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 1  incurred cost of such facilities through their rate structure.

 2  Every component of an alternative water supply facility

 3  constructed by an investor-owned utility shall be recovered in

 4  current rates.

 5         373.713  Regional water supply planning.--

 6         (1)  The governing board shall conduct water supply

 7  planning for each water supply planning region identified in

 8  the district water supply plan under s. 373.707, where it

 9  determines that sources of water are not adequate for the

10  planning period to supply water for all existing and projected

11  reasonable-beneficial uses and to sustain the water resources

12  and related natural systems. The planning must be conducted in

13  an open public process and in coordination and cooperation

14  with local governments, regional water supply authorities,

15  government-owned and privately owned water utilities,

16  self-suppliers, and other affected and interested parties.

17  During development but prior to completion of the regional

18  water supply plan, the district must conduct at least one

19  public workshop to discuss the technical data and modeling

20  tools anticipated to be used to support the plan. A

21  determination by the governing board that initiation of a

22  regional water supply plan for a specific planning region is

23  not needed pursuant to this section shall be subject to s.

24  120.569. The governing board shall reevaluate such a

25  determination at least once every 5 years and shall initiate a

26  regional water supply plan, if needed, pursuant to this

27  subsection.

28         (2)  Each regional water supply plan shall be based on

29  at least a 20-year planning period and shall include, but not

30  be limited to:

31  

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 1         (a)  A water supply development component that

 2  includes:

 3         1.  A quantification of the water supply needs for all

 4  existing and reasonably projected future uses within the

 5  planning horizon. The level-of-certainty planning goal

 6  associated with identifying the water supply needs of existing

 7  and future reasonable-beneficial uses shall be based upon

 8  meeting those needs for a 1-in-10-year drought event.

 9  Population projections used for determining public water

10  supply needs must be based upon the best available data. In

11  determining the best available data, the district shall

12  consider the University of Florida's Bureau of Economic and

13  Business Research (BEBR) medium population projections and any

14  population projection data and analysis submitted by a local

15  government pursuant to the public workshop described in

16  subsection (1) if the data and analysis support the local

17  government's comprehensive plan. Any adjustment of or

18  deviation from the BEBR projections must be fully described,

19  and the original BEBR data must be presented along with the

20  adjusted data.

21         2.  A list of water source options, including

22  traditional and alternative source options, from which local

23  government, government-owned and privately owned utilities,

24  self-suppliers, and others may choose, for water supply

25  development, the total capacity of which will, in conjunction

26  with water conservation and other demand management measures,

27  exceed the needs identified in subparagraph 1.

28         3.  For each option listed in subparagraph 2., the

29  estimated amount of water available for use and the estimated

30  costs of and potential sources of funding for water supply

31  development.

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 1         4.  A list of water supply development projects that

 2  meet the criteria in s. 373.709(4).

 3         (b)  A water resource development component that

 4  includes:

 5         1.  A listing of those water resource development

 6  projects that support water supply development.

 7         2.  For each water resource development project listed:

 8         a.  An estimate of the amount of water to become

 9  available through the project.

10         b.  The timetable for implementing or constructing the

11  project and the estimated costs for implementing, operating,

12  and maintaining the project.

13         c.  Sources of funding and funding needs.

14         d.  Who will implement the project and how it will be

15  implemented.

16         (c)  The recovery and prevention strategy described in

17  s. 373.0421(2).

18         (d)  A funding strategy for water resource development

19  projects, which shall be reasonable and sufficient to pay the

20  cost of constructing or implementing all of the listed

21  projects.

22         (e)  Consideration of how the options addressed in

23  paragraphs (a) and (b) serve the public interest or save costs

24  overall by preventing the loss of natural resources or

25  avoiding greater future expenditures for water resource

26  development or water supply development. However, unless

27  adopted by rule, these considerations do not constitute final

28  agency action.

29         (f)  The technical data and information applicable to

30  the planning region which are contained in the district water

31  

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 1  management plan and are necessary to support the regional

 2  water supply plan.

 3         (g)  The minimum flows and levels established for water

 4  resources within the planning region.

 5         (h)  Reservations of water adopted by rule pursuant to

 6  s. 373.223(4).

 7         (i)  An analysis, developed in cooperation with the

 8  department, of areas or instances in which the variance

 9  provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to

10  create water supply development or water resource development

11  projects.

12  

13  The water supply development component of a regional water

14  supply plan which deals with or affects public utilities and

15  public water supply for those areas served by a regional water

16  supply authority and its member governments within the

17  boundaries of the Southwest Florida Water Management District

18  shall be developed jointly by the authority and the district.

19         (3)  Governing board approval of a regional water

20  supply plan shall not be subject to the rulemaking

21  requirements of chapter 120. However, any portion of an

22  approved regional water supply plan which affects the

23  substantial interests of a party shall be subject to s.

24  120.569.

25         (4)  Annually and in conjunction with the reporting

26  requirements of s. 373.536(6)(a)4., the department shall

27  submit to the Governor and the Legislature a report on the

28  status of regional water supply planning in each district. The

29  report shall include:

30         (a)  A compilation of the estimated costs of and

31  potential sources of funding for water resource development

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 1  and water supply development projects, as identified in the

 2  water management district regional water supply plans.

 3         (b)  A description of each district's progress toward

 4  achieving its water resource development objectives, as

 5  directed by s. 373.709(3), including the district's

 6  implementation of its 5-year water resource development work

 7  program.

 8         (c)  An assessment of the overall progress being made

 9  to develop water supply that is consistent with regional water

10  supply plans to meet existing and future reasonable-beneficial

11  needs during a 1-in-10-year drought.

12         (5)  Nothing contained in the water supply development

13  component of the district water management plan shall be

14  construed to require local governments, government-owned or

15  privately owned water utilities, self-suppliers, or other

16  water suppliers to select a water supply development option

17  identified in the component merely because it is identified in

18  the plan, nor may the plan be used in the review of permits

19  under part II unless the plan, or an applicable portion

20  thereof, has been adopted by rule. However, this subsection

21  does not prohibit a water management district from employing

22  the data or other information used to establish the plan in

23  reviewing permits under part II, nor does it limit the

24  authority of the department or governing board under part II.

25         373.715  Technical assistance to local governments.--

26         (1)  The water management districts shall assist local

27  governments in the development and future revision of local

28  government comprehensive plan elements or public facilities

29  report as required by s. 189.415, related to water resource

30  issues.

31  

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 1         (2)  Each water management district shall prepare and

 2  provide information and data to assist local governments in

 3  the preparation and implementation of their local government

 4  comprehensive plans or public facilities report as required by

 5  s. 189.415, whichever is applicable. Such information and data

 6  shall include, but not be limited to:

 7         (a)  All information and data required in a public

 8  facilities report pursuant to s. 189.415.

 9         (b)  A description of regulations, programs, and

10  schedules implemented by the district.

11         (c)  Identification of regulations, programs, and

12  schedules undertaken or proposed by the district to further

13  the State Comprehensive Plan.

14         (d)  A description of groundwater characteristics,

15  including existing and planned wellfield sites, existing and

16  anticipated cones of influence, highly productive groundwater

17  areas, aquifer recharge areas, deep well injection zones,

18  contaminated areas, an assessment of regional water resource

19  needs and sources for the next 20 years, and water quality.

20         (e)  Information reflecting the minimum flows for

21  surface watercourses to avoid harm to water resources or the

22  ecosystem and information reflecting the minimum water levels

23  for aquifers to avoid harm to water resources or the

24  ecosystem.

25         373.717  Regional water supply authorities.--

26         (1)  By agreement between local governmental units

27  created or existing pursuant to the provisions of Art. VIII of

28  the State Constitution, pursuant to the Florida Interlocal

29  Cooperation Act of 1969, s. 163.01, and upon the approval of

30  the Secretary of Environmental Protection to ensure that such

31  agreement will be in the public interest and complies with the

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 1  intent and purposes of this part, regional water supply

 2  authorities may be created for the purpose of developing,

 3  recovering, storing, and supplying water for county or

 4  municipal purposes in such a manner as will give priority to

 5  reducing adverse environmental effects of excessive or

 6  improper withdrawals of water from concentrated areas. In

 7  approving said agreement, the Secretary of Environmental

 8  Protection shall consider, but not be limited to, the

 9  following:

10         (a)  Whether the geographic territory of the proposed

11  authority is of sufficient size and character to reduce the

12  environmental effects of improper or excessive withdrawals of

13  water from concentrated areas.

14         (b)  The maximization of economic development of the

15  water resources within the territory of the proposed

16  authority.

17         (c)  The availability of a dependable and adequate

18  water supply.

19         (d)  The ability of any proposed authority to design,

20  construct, operate, and maintain water supply facilities in

21  the locations, and at the times necessary, to ensure that an

22  adequate water supply will be available to all residents

23  within the authority.

24         (e)  The effect or impact of any proposed authority on

25  any municipality, county, or existing authority or

26  authorities.

27         (f)  The existing needs of the water users within the

28  area of the authority.

29         (2)  In addition to other powers and duties agreed

30  upon, and notwithstanding the provisions of s. 163.01, such

31  authority may:

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 1         (a)  Upon approval of the electors residing in each

 2  county or municipality within the territory to be included in

 3  any authority, levy ad valorem taxes, not to exceed 0.5 mill,

 4  pursuant to s. 9(b), Art. VII of the State Constitution. No

 5  tax authorized by this paragraph shall be levied in any county

 6  or municipality without an affirmative vote of the electors

 7  residing in such county or municipality.

 8         (b)  Acquire water; develop, store, and transport

 9  water; provide, sell, and deliver water for county or

10  municipal uses and purposes; provide for the furnishing of

11  such water and water service upon terms and conditions and at

12  rates that will apportion to parties and nonparties an

13  equitable share of the capital cost and operating expense of

14  the authority's work to the purchaser.

15         (c)  Collect, treat, and recover wastewater.

16         (d)  Not engage in local distribution.

17         (e)  Exercise the power of eminent domain in the manner

18  provided by law for the condemnation of private property for

19  public use to acquire title to such interest in real property

20  as is necessary to the exercise of the powers herein granted,

21  except water already devoted to reasonable and beneficial use

22  or any water production or transmission facilities owned by

23  any county or municipality.

24         (f)  Issue revenue bonds in the manner prescribed by

25  the Revenue Bond Act of 1953, as amended, part I of chapter

26  159, to be payable solely from funds derived from the sale of

27  water by the authority to any county or municipality. Such

28  bonds may be additionally secured by the full faith and credit

29  of any county or municipality, as provided by s. 159.16 or by

30  a pledge of excise taxes, as provided by s. 159.19. For the

31  purpose of issuing revenue bonds, an authority shall be

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 1  considered a "unit" as defined in s. 159.02(2) and as that

 2  term is used in the Revenue Bond Act of 1953, as amended. Such

 3  bonds may be issued to finance the cost of acquiring

 4  properties and facilities for the production and transmission

 5  of water by the authority to any county or municipality, which

 6  cost shall include the acquisition of real property and

 7  easements therein for such purposes. Such bonds may be in the

 8  form of refunding bonds to take up any outstanding bonds of

 9  the authority or of any county or municipality where such

10  outstanding bonds are secured by properties and facilities for

11  production and transmission of water, which properties and

12  facilities are being acquired by the authority. Refunding

13  bonds may be issued to take up and refund all outstanding

14  bonds of said authority that are subject to call and

15  termination, and all bonds of said authority that are not

16  subject to call or redemption, when the surrender of said

17  bonds can be procured from the holder thereof at prices

18  satisfactory to the authority. Such refunding bonds may be

19  issued at any time when, in the judgment of the authority, it

20  will be to the best interest of the authority financially or

21  economically by securing a lower rate of interest on said

22  bonds or by extending the time of maturity of said bonds or,

23  for any other reason, in the judgment of the authority,

24  advantageous to said authority.

25         (g)  Sue and be sued in its own name.

26         (h)  Borrow money and incur indebtedness and issue

27  bonds or other evidence of such indebtedness.

28         (i)  Join with one or more other public corporations

29  for the purpose of carrying out any of its powers and for that

30  purpose to contract with such other public corporation or

31  corporations for the purpose of financing such acquisitions,

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 1  construction, and operations. Such contracts may provide for

 2  contributions to be made by each party thereto, for the

 3  division and apportionment of the expenses of such

 4  acquisitions and operations, and for the division and

 5  apportionment of the benefits, services, and products

 6  therefrom. Such contract may contain such other and further

 7  covenants and agreements as may be necessary and convenient to

 8  accomplish the purposes hereof.

 9         (3)  A regional water supply authority is authorized to

10  develop, construct, operate, maintain, or contract for

11  alternative sources of potable water, including desalinated

12  water, and pipelines to interconnect authority sources and

13  facilities, either by itself or jointly with a water

14  management district; however, such alternative potable water

15  sources, facilities, and pipelines may also be privately

16  developed, constructed, owned, operated, and maintained, in

17  which event an authority and a water management district are

18  authorized to pledge and contribute their funds to reduce the

19  wholesale cost of water from such alternative sources of

20  potable water supplied by an authority to its member

21  governments.

22         (4)  When it is found to be in the public interest, for

23  the public convenience and welfare, for a public benefit, and

24  necessary for carrying out the purpose of any regional water

25  supply authority, any state agency, county, water control

26  district existing pursuant to chapter 298, water management

27  district existing pursuant to this chapter, municipality,

28  governmental agency, or public corporation in this state

29  holding title to any interest in land is hereby authorized, in

30  its discretion, to convey the title to or dedicate land, title

31  to which is in such entity, including tax-reverted land, or to

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 1  grant use-rights therein, to any regional water supply

 2  authority created pursuant to this section. Land granted or

 3  conveyed to such authority shall be for the public purposes of

 4  such authority and may be made subject to the condition that

 5  in the event said land is not so used, or if used and

 6  subsequently its use for said purpose is abandoned, the

 7  interest granted shall cease as to such authority and shall

 8  automatically revert to the granting entity.

 9         (5)  Each county or municipality that is a party to an

10  agreement pursuant to subsection (1) shall have a preferential

11  right to purchase water from the regional water supply

12  authority for use by such county or municipality.

13         (6)  In carrying out the provisions of this section,

14  any county wherein water is withdrawn by the authority shall

15  not be deprived, directly or indirectly, of the prior right to

16  the reasonable and beneficial use of water which is required

17  adequately to supply the reasonable and beneficial needs of

18  the county or any of the inhabitants or property owners

19  therein.

20         (7)  Upon a resolution adopted by the governing body of

21  any county or municipality, the authority may, subject to a

22  majority vote of its voting members, include such county or

23  municipality in its regional water supply authority upon such

24  terms and conditions as may be prescribed.

25         (8)  The authority shall design, construct, operate,

26  and maintain facilities in the locations and at the times

27  necessary to ensure that an adequate water supply will be

28  available to all residents within the authority.

29         (9)  Where a water supply authority exists pursuant to

30  this section or s. 373.719 under a voluntary interlocal

31  agreement that is consistent with requirements in s.

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 1  373.719(1)(b) and receives or maintains consumptive use

 2  permits under this voluntary agreement consistent with the

 3  water supply plan, if any, adopted by the governing board,

 4  such authority shall be exempt from consideration by the

 5  governing board or department of the factors specified in s.

 6  373.223(3)(a)-(g) and the submissions required by s.

 7  373.229(3). Such exemptions shall apply only to water sources

 8  within the jurisdictional areas of such voluntary water supply

 9  interlocal agreements.

10         373.719  Assistance to west coast regional water supply

11  authority.--

12         (1)  It is the intent of the Legislature to authorize

13  the implementation of changes in governance recommended by the

14  West Coast Regional Water Supply Authority in its reports to

15  the Legislature dated February 1, 1997, and January 5, 1998.

16  The authority and its member governments may reconstitute the

17  authority's governance and rename the authority under a

18  voluntary interlocal agreement with a term of not less than 20

19  years. The interlocal agreement must comply with this

20  subsection as follows:

21         (a)  The authority and its member governments agree

22  that cooperative efforts are mandatory to meet their water

23  needs in a manner that will provide adequate and dependable

24  supplies of water where needed without resulting in adverse

25  environmental effects upon the areas from which the water is

26  withdrawn or otherwise produced.

27         (b)  In accordance with s. 4, Art. VIII of the State

28  Constitution and notwithstanding s. 163.01, the interlocal

29  agreement may include the following terms, which are

30  considered approved by the parties without a vote of their

31  electors, upon execution of the interlocal agreement by all

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 1  member governments and upon satisfaction of all conditions

 2  precedent in the interlocal agreement:

 3         1.  All member governments shall relinquish to the

 4  authority their individual rights to develop potable water

 5  supply sources, except as otherwise provided in the interlocal

 6  agreement.

 7         2.  The authority shall be the sole and exclusive

 8  wholesale potable water supplier for all member governments.

 9         3.  The authority shall have the absolute and

10  unequivocal obligation to meet the wholesale needs of the

11  member governments for potable water.

12         4.  A member government may not restrict or prohibit

13  the use of land within a member's jurisdictional boundaries by

14  the authority for water supply purposes through use of zoning,

15  land use, comprehensive planning, or other form of regulation.

16         5.  A member government may not impose any tax, fee, or

17  charge upon the authority in conjunction with the production

18  or supply of water not otherwise provided for in the

19  interlocal agreement.

20         6.  The authority may use the powers provided in part

21  II of chapter 159 for financing and refinancing water

22  treatment, production, or transmission facilities, including,

23  but not limited to, desalinization facilities. All such water

24  treatment, production, or transmission facilities are

25  considered a "manufacturing plant" for purposes of s.

26  159.27(5) and serve a paramount public purpose by providing

27  water to residents of the state.

28         7.  A member government and any governmental or

29  quasi-judicial board or commission established by local

30  ordinance or general or special law where the governing

31  membership of such board or commission is shared, in whole or

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 1  in part, or appointed by a member government agreeing to be

 2  bound by the interlocal agreement shall be limited to the

 3  procedures set forth therein regarding actions that directly

 4  or indirectly restrict or prohibit the use of lands or other

 5  activities related to the production or supply of water.

 6         (c)  The authority shall acquire full or lesser

 7  interests in all regionally significant member government

 8  wholesale water supply facilities and tangible assets and each

 9  member government shall convey such interests in the

10  facilities and assets to the authority at an agreed value.

11         (d)  The authority shall charge a uniform per gallon

12  wholesale rate to member governments for the wholesale supply

13  of potable water. All capital, operation, maintenance, and

14  administrative costs for existing facilities and acquired

15  facilities, authority master water plan facilities, and other

16  future projects must be allocated to member governments based

17  on water usage at the uniform per gallon wholesale rate.

18         (e)  The interlocal agreement may include procedures

19  for resolving the parties' differences regarding water

20  management district proposed agency action in the water use

21  permitting process within the authority. Such procedures

22  should minimize the potential for litigation and include

23  alternative dispute resolution. Any governmental or

24  quasi-judicial board or commission established by local

25  ordinance or general or special law where the governing

26  members of such board or commission is shared, in whole or in

27  part, or appointed by a member government, may agree to be

28  bound by the dispute resolution procedures set forth in the

29  interlocal agreement.

30         (f)  Upon execution of the voluntary interlocal

31  agreement provided for herein, the authority shall jointly

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 1  develop with the Southwest Florida Water Management District

 2  alternative sources of potable water and transmission

 3  pipelines to interconnect regionally significant water supply

 4  sources and facilities of the authority in amounts sufficient

 5  to meet the needs of all member governments for a period of at

 6  least 20 years and for natural systems. Nothing herein,

 7  however, shall preclude the authority and its member

 8  governments from developing traditional water sources pursuant

 9  to the voluntary interlocal agreement. Development and

10  construction costs for alternative source facilities, which

11  may include a desalination facility and significant regional

12  interconnects, must be borne as mutually agreed to by both the

13  authority and the Southwest Florida Water Management District.

14  Nothing herein shall preclude authority or district cost

15  sharing with private entities for the construction or

16  ownership of alternative source facilities. By December 31,

17  1997, the authority and the Southwest Florida Water Management

18  District shall:

19         1.  Enter into a mutually acceptable agreement

20  detailing the development and implementation of directives

21  contained in this paragraph; or

22         2.  Jointly prepare and submit to the President of the

23  Senate and the Speaker of the House of Representatives a

24  report describing the progress made and impediments

25  encountered in their attempts to implement the water resource

26  development and water supply development directives contained

27  in this paragraph.

28  

29  Nothing in this section shall be construed to modify the

30  rights or responsibilities of the authority or its member

31  governments, except as otherwise provided herein, or of the

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 1  Southwest Florida Water Management District or the department

 2  pursuant to this chapter or chapter 403 and as otherwise set

 3  forth by statutes.

 4         (g)  Unless otherwise provided in the interlocal

 5  agreement, the authority shall be governed by a board of

 6  commissioners consisting of nine voting members, all of whom

 7  must be elected officers, as follows:

 8         1.  Three members from Hillsborough County who must be

 9  selected by the county commission; provided, however, that one

10  member shall be selected by the Mayor of Tampa in the event

11  that the City of Tampa elects to be a member of the authority;

12         2.  Three members from Pasco County, two of whom must

13  be selected by the county commission and one of whom must be

14  selected by the City Council of New Port Richey;

15         3.  Three members from Pinellas County, two of whom

16  must be selected by the county commission and one of whom must

17  be selected by the City Council of St. Petersburg.

18  

19  Except as otherwise provided in this section or in the

20  voluntary interlocal agreement between the member governments,

21  a majority vote shall bind the authority and its member

22  governments in all matters relating to the funding of

23  wholesale water supply, production, delivery, and related

24  activities.

25         (2)  The provisions of this section supersede any

26  conflicting provisions contained in all other general or

27  special laws or provisions thereof as they may apply directly

28  or indirectly to the exclusivity of water supply or withdrawal

29  of water, including provisions relating to the environmental

30  effects, if any, in conjunction with the production and supply

31  of potable water, and the provisions of this section are

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 1  intended to be a complete revision of all laws related to a

 2  regional water supply authority created under s. 373.717 and

 3  this section.

 4         (3)  The authority shall prepare its annual budget in

 5  the same manner as prescribed for the preparation of basin

 6  budgets, but such authority budget shall not be subject to

 7  review by the respective basin boards or by the governing

 8  board of the district.

 9         (4)  The annual millage for the authority shall be the

10  amount required to raise the amount called for by the annual

11  budget when applied to the total assessment on all taxable

12  property within the limits of the authority, as determined for

13  county taxing purposes.

14         (5)  The authority may, by resolution, request the

15  governing board of the district to levy ad valorem taxes

16  within the boundaries of the authority. Upon receipt of such

17  request, together with formal certification of the adoption of

18  its annual budget and of the required tax levy, the authority

19  tax levy shall be made by the governing board of the district

20  to finance authority functions.

21         (6)  The taxes provided for in this section shall be

22  extended by the property appraiser on the county tax roll in

23  each county within, or partly within, the authority boundaries

24  and shall be collected by the tax collector in the same manner

25  and time as county taxes, and the proceeds therefrom paid to

26  the district which shall forthwith pay them over to the

27  authority. Until paid, such taxes shall be a lien on the

28  property against which assessed and enforceable in like manner

29  as county taxes. The property appraisers, tax collectors, and

30  clerks of the circuit court of the respective counties shall

31  be entitled to compensation for services performed in

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 1  connection with such taxes at the same rates as apply to

 2  county taxes.

 3         (7)  The governing board of the district shall not be

 4  responsible for any actions or lack of actions by the

 5  authority.

 6         Section 2.  Subsection (12) of section 120.52, Florida

 7  Statutes, is amended to read:

 8         120.52  Definitions.--As used in this act:

 9         (12)  "Party" means:

10         (a)  Specifically named persons whose substantial

11  interests are being determined in the proceeding.

12         (b)  Any other person who, as a matter of

13  constitutional right, provision of statute, or provision of

14  agency regulation, is entitled to participate in whole or in

15  part in the proceeding, or whose substantial interests will be

16  affected by proposed agency action, and who makes an

17  appearance as a party.

18         (c)  Any other person, including an agency staff

19  member, allowed by the agency to intervene or participate in

20  the proceeding as a party. An agency may by rule authorize

21  limited forms of participation in agency proceedings for

22  persons who are not eligible to become parties.

23         (d)  Any county representative, agency, department, or

24  unit funded and authorized by state statute or county

25  ordinance to represent the interests of the consumers of a

26  county, when the proceeding involves the substantial interests

27  of a significant number of residents of the county and the

28  board of county commissioners has, by resolution, authorized

29  the representative, agency, department, or unit to represent

30  the class of interested persons.  The authorizing resolution

31  shall apply to a specific proceeding and to appeals and

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 1  ancillary proceedings thereto, and it shall not be required to

 2  state the names of the persons whose interests are to be

 3  represented.

 4  

 5  The term "party" does not include a member government of a

 6  regional water supply authority or a governmental or

 7  quasi-judicial board or commission established by local

 8  ordinance or special or general law where the governing

 9  membership of such board or commission is shared with, in

10  whole or in part, or appointed by a member government of a

11  regional water supply authority in proceedings under s.

12  120.569, s. 120.57, or s. 120.68, to the extent that an

13  interlocal agreement under ss. 163.01 and 373.717 373.1962

14  exists in which the member government has agreed that its

15  substantial interests are not affected by the proceedings or

16  that it is to be bound by alternative dispute resolution in

17  lieu of participating in the proceedings. This exclusion

18  applies only to those particular types of disputes or

19  controversies, if any, identified in an interlocal agreement.

20         Section 3.  Subsection (13) of section 163.3167,

21  Florida Statutes, is amended to read:

22         163.3167  Scope of act.--

23         (13)  Each local government shall address in its

24  comprehensive plan, as enumerated in this chapter, the water

25  supply sources necessary to meet and achieve the existing and

26  projected water use demand for the established planning

27  period, considering the applicable plan developed pursuant to

28  s. 373.3177 s. 373.0361.

29         Section 4.  Paragraph (a) of subsection (4) and

30  paragraphs (c), (d), and (h) of subsection (6) of section

31  163.3177, Florida Statutes, are amended to read:

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 1         163.3177  Required and optional elements of

 2  comprehensive plan; studies and surveys.--

 3         (4)(a)  Coordination of the local comprehensive plan

 4  with the comprehensive plans of adjacent municipalities, the

 5  county, adjacent counties, or the region; with the appropriate

 6  water management district's regional water supply plans

 7  approved pursuant to s. 373.713 s. 373.0361; with adopted

 8  rules pertaining to designated areas of critical state

 9  concern; and with the state comprehensive plan shall be a

10  major objective of the local comprehensive planning process.

11  To that end, in the preparation of a comprehensive plan or

12  element thereof, and in the comprehensive plan or element as

13  adopted, the governing body shall include a specific policy

14  statement indicating the relationship of the proposed

15  development of the area to the comprehensive plans of adjacent

16  municipalities, the county, adjacent counties, or the region

17  and to the state comprehensive plan, as the case may require

18  and as such adopted plans or plans in preparation may exist.

19         (6)  In addition to the requirements of subsections

20  (1)-(5), the comprehensive plan shall include the following

21  elements:

22         (c)  A general sanitary sewer, solid waste, drainage,

23  potable water, and natural groundwater aquifer recharge

24  element correlated to principles and guidelines for future

25  land use, indicating ways to provide for future potable water,

26  drainage, sanitary sewer, solid waste, and aquifer recharge

27  protection requirements for the area. The element may be a

28  detailed engineering plan including a topographic map

29  depicting areas of prime groundwater recharge. The element

30  shall describe the problems and needs and the general

31  facilities that will be required for solution of the problems

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 1  and needs. The element shall also include a topographic map

 2  depicting any areas adopted by a regional water management

 3  district as prime groundwater recharge areas for the Floridan

 4  or Biscayne aquifers, pursuant to s. 373.0395. These areas

 5  shall be given special consideration when the local government

 6  is engaged in zoning or considering future land use for said

 7  designated areas. For areas served by septic tanks, soil

 8  surveys shall be provided which indicate the suitability of

 9  soils for septic tanks. By December 1, 2006, the element must

10  consider the appropriate water management district's regional

11  water supply plan approved pursuant to s. 373.713 s. 373.0361.

12  The element must include a work plan, covering at least a

13  10-year planning period, for building water supply facilities

14  that are identified in the element as necessary to serve

15  existing and new development and for which the local

16  government is responsible. The work plan shall be updated, at

17  a minimum, every 5 years within 12 months after the governing

18  board of a water management district approves an updated

19  regional water supply plan. Amendments to incorporate the work

20  plan do not count toward the limitation on the frequency of

21  adoption of amendments to the comprehensive plan.

22         (d)  A conservation element for the conservation, use,

23  and protection of natural resources in the area, including

24  air, water, water recharge areas, wetlands, waterwells,

25  estuarine marshes, soils, beaches, shores, flood plains,

26  rivers, bays, lakes, harbors, forests, fisheries and wildlife,

27  marine habitat, minerals, and other natural and environmental

28  resources.  Local governments shall assess their current, as

29  well as projected, water needs and sources for at least a

30  10-year period, considering the appropriate regional water

31  supply plan approved pursuant to s. 373.713 s. 373.0361, or,

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 1  in the absence of an approved regional water supply plan, the

 2  district water management plan approved pursuant to s. 373.707

 3  s. 373.036(2).  This information shall be submitted to the

 4  appropriate agencies.  The land use map or map series

 5  contained in the future land use element shall generally

 6  identify and depict the following:

 7         1.  Existing and planned waterwells and cones of

 8  influence where applicable.

 9         2.  Beaches and shores, including estuarine systems.

10         3.  Rivers, bays, lakes, flood plains, and harbors.

11         4.  Wetlands.

12         5.  Minerals and soils.

13  

14  The land uses identified on such maps shall be consistent with

15  applicable state law and rules.

16         (h)1.  An intergovernmental coordination element

17  showing relationships and stating principles and guidelines to

18  be used in the accomplishment of coordination of the adopted

19  comprehensive plan with the plans of school boards and other

20  units of local government providing services but not having

21  regulatory authority over the use of land, with the

22  comprehensive plans of adjacent municipalities, the county,

23  adjacent counties, or the region, with the state comprehensive

24  plan and with the applicable regional water supply plan

25  approved pursuant to s. 373.713 s. 373.0361, as the case may

26  require and as such adopted plans or plans in preparation may

27  exist.  This element of the local comprehensive plan shall

28  demonstrate consideration of the particular effects of the

29  local plan, when adopted, upon the development of adjacent

30  municipalities, the county, adjacent counties, or the region,

31  or upon the state comprehensive plan, as the case may require.

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 1         a.  The intergovernmental coordination element shall

 2  provide for procedures to identify and implement joint

 3  planning areas, especially for the purpose of annexation,

 4  municipal incorporation, and joint infrastructure service

 5  areas.

 6         b.  The intergovernmental coordination element shall

 7  provide for recognition of campus master plans prepared

 8  pursuant to s. 1013.30.

 9         c.  The intergovernmental coordination element may

10  provide for a voluntary dispute resolution process as

11  established pursuant to s. 186.509 for bringing to closure in

12  a timely manner intergovernmental disputes.  A local

13  government may develop and use an alternative local dispute

14  resolution process for this purpose.

15         2.  The intergovernmental coordination element shall

16  further state principles and guidelines to be used in the

17  accomplishment of coordination of the adopted comprehensive

18  plan with the plans of school boards and other units of local

19  government providing facilities and services but not having

20  regulatory authority over the use of land.  In addition, the

21  intergovernmental coordination element shall describe joint

22  processes for collaborative planning and decisionmaking on

23  population projections and public school siting, the location

24  and extension of public facilities subject to concurrency, and

25  siting facilities with countywide significance, including

26  locally unwanted land uses whose nature and identity are

27  established in an agreement. Within 1 year of adopting their

28  intergovernmental coordination elements, each county, all the

29  municipalities within that county, the district school board,

30  and any unit of local government service providers in that

31  county shall establish by interlocal or other formal agreement

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 1  executed by all affected entities, the joint processes

 2  described in this subparagraph consistent with their adopted

 3  intergovernmental coordination elements.

 4         3.  To foster coordination between special districts

 5  and local general-purpose governments as local general-purpose

 6  governments implement local comprehensive plans, each

 7  independent special district must submit a public facilities

 8  report to the appropriate local government as required by s.

 9  189.415.

10         4.a.  Local governments adopting a public educational

11  facilities element pursuant to s. 163.31776 must execute an

12  interlocal agreement with the district school board, the

13  county, and nonexempt municipalities, as defined by s.

14  163.31776(1), which includes the items listed in s.

15  163.31777(2). The local government shall amend the

16  intergovernmental coordination element to provide that

17  coordination between the local government and school board is

18  pursuant to the agreement and shall state the obligations of

19  the local government under the agreement.

20         b.  Plan amendments that comply with this subparagraph

21  are exempt from the provisions of s. 163.3187(1).

22         5.  The state land planning agency shall establish a

23  schedule for phased completion and transmittal of plan

24  amendments to implement subparagraphs 1., 2., and 3. from all

25  jurisdictions so as to accomplish their adoption by December

26  31, 1999.  A local government may complete and transmit its

27  plan amendments to carry out these provisions prior to the

28  scheduled date established by the state land planning agency.

29  The plan amendments are exempt from the provisions of s.

30  163.3187(1).

31  

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 1         6.  By January 1, 2004, any county having a population

 2  greater than 100,000, and the municipalities and special

 3  districts within that county, shall submit a report to the

 4  Department of Community Affairs which:

 5         a.  Identifies all existing or proposed interlocal

 6  service-delivery agreements regarding the following:

 7  education; sanitary sewer; public safety; solid waste;

 8  drainage; potable water; parks and recreation; and

 9  transportation facilities.

10         b.  Identifies any deficits or duplication in the

11  provision of services within its jurisdiction, whether capital

12  or operational. Upon request, the Department of Community

13  Affairs shall provide technical assistance to the local

14  governments in identifying deficits or duplication.

15         7.  Within 6 months after submission of the report, the

16  Department of Community Affairs shall, through the appropriate

17  regional planning council, coordinate a meeting of all local

18  governments within the regional planning area to discuss the

19  reports and potential strategies to remedy any identified

20  deficiencies or duplications.

21         8.  Each local government shall update its

22  intergovernmental coordination element based upon the findings

23  in the report submitted pursuant to subparagraph 6. The report

24  may be used as supporting data and analysis for the

25  intergovernmental coordination element.

26         9.  By February 1, 2003, representatives of

27  municipalities, counties, and special districts shall provide

28  to the Legislature recommended statutory changes for

29  annexation, including any changes that address the delivery of

30  local government services in areas planned for annexation.

31  

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 1         Section 5.  Paragraph (l) of subsection (2) of section

 2  163.3191, Florida Statutes, is amended to read:

 3         163.3191  Evaluation and appraisal of comprehensive

 4  plan.--

 5         (2)  The report shall present an evaluation and

 6  assessment of the comprehensive plan and shall contain

 7  appropriate statements to update the comprehensive plan,

 8  including, but not limited to, words, maps, illustrations, or

 9  other media, related to:

10         (l)  The evaluation must consider the appropriate water

11  management district's regional water supply plan approved

12  pursuant to s. 373.713 s. 373.0361. The potable water element

13  must be revised to include a work plan, covering at least a

14  10-year planning period, for building any water supply

15  facilities that are identified in the element as necessary to

16  serve existing and new development and for which the local

17  government is responsible.

18         Section 6.  Paragraph (n) of subsection (2) of section

19  186.009, Florida Statutes, is amended to read:

20         186.009  Growth management portion of the state

21  comprehensive plan.--

22         (2)  The growth management portion of the state

23  comprehensive plan shall:

24         (n)  Set forth recommendations on how to integrate the

25  Florida water plan required by s. 373.707 s. 373.036 and

26  transportation plans required by chapter 339.

27         Section 7.  Paragraphs (c) and (d) of subsection (4) of

28  section 189.404, Florida Statutes, are amended to read:

29         189.404  Legislative intent for the creation of

30  independent special districts; special act prohibitions; model

31  

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 1  elements and other requirements; general-purpose local

 2  government/Governor and Cabinet creation authorizations.--

 3         (4)  LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION

 4  AUTHORIZATIONS.--Except as otherwise authorized by general

 5  law, only the Legislature may create independent special

 6  districts.

 7         (c)  The Governor and Cabinet may create an independent

 8  special district which shall be established by rule in

 9  accordance with s. 190.005 or as otherwise authorized in

10  general law.  The Governor and Cabinet may also approve the

11  establishment of a charter for the creation of an independent

12  special district which shall be in accordance with s. 373.717

13  s. 373.1962, or as otherwise authorized in general law.

14         (d)1.  Any combination of two or more counties may

15  create a regional special district which shall be established

16  in accordance with s. 950.001, or as otherwise authorized in

17  general law.

18         2.  Any combination of two or more counties or

19  municipalities may create a regional special district which

20  shall be established in accordance with s. 373.717 s.

21  373.1962, or as otherwise authorized by general law.

22         3.  Any combination of two or more counties,

23  municipalities, or other political subdivisions may create a

24  regional special district in accordance with s. 163.567, or as

25  otherwise authorized in general law.

26         Section 8.  Subsection (3) of section 189.4155, Florida

27  Statutes, is amended to read:

28         189.4155  Activities of special districts; local

29  government comprehensive planning.--

30         (3)  The provisions of this section shall not apply to

31  water management districts created pursuant to s. 373.069, to

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 1  regional water supply authorities created pursuant to s.

 2  373.717 s. 373.1962, or to spoil disposal sites owned or used

 3  by the Federal Government.

 4         Section 9.  Section 189.4156, Florida Statutes, is

 5  amended to read:

 6         189.4156  Water management district technical

 7  assistance; local government comprehensive planning.--Water

 8  management districts shall assist local governments in the

 9  development of local government comprehensive plan elements

10  related to water resource issues as required by s. 373.715 s.

11  373.0391.

12         Section 10.  Subsection (7) of section 367.021, Florida

13  Statutes, is amended to read:

14         367.021  Definitions.--As used in this chapter, the

15  following words or terms shall have the meanings indicated:

16         (7)  "Governmental authority" means a political

17  subdivision, as defined by s. 1.01(8), a regional water supply

18  authority created pursuant to s. 373.717 s. 373.1962, or a

19  nonprofit corporation formed for the purpose of acting on

20  behalf of a political subdivision with respect to a water or

21  wastewater facility.

22         Section 11.  Section 373.019, Florida Statutes, is

23  amended to read:

24         373.019  Definitions.--When appearing in this chapter

25  or in any rule, regulation, or order adopted pursuant thereto,

26  the following words shall, unless the context clearly

27  indicates otherwise, mean:

28         (1)  "Coastal waters" means waters of the Atlantic

29  Ocean or the Gulf of Mexico within the jurisdiction of the

30  state.

31  

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 1         (2)  "Department" means the Department of Environmental

 2  Protection or its successor agency or agencies.

 3         (3)  "District water management plan" means the

 4  regional water resource plan developed by a governing board

 5  under s. 373.036.

 6         (3)(4)  "Domestic use" means the use of water for the

 7  individual personal household purposes of drinking, bathing,

 8  cooking, or sanitation. All other uses shall not be considered

 9  domestic.

10         (5)  "Florida water plan" means the state-level water

11  resource plan developed by the department under s. 373.036.

12         (4)(6)  "Governing board" means the governing board of

13  a water management district.

14         (5)(7)  "Groundwater" means water beneath the surface

15  of the ground, whether or not flowing through known and

16  definite channels.

17         (6)(8)  "Impoundment" means any lake, reservoir, pond,

18  or other containment of surface water occupying a bed or

19  depression in the earth's surface and having a discernible

20  shoreline.

21         (7)(9)  "Independent scientific peer review" means the

22  review of scientific data, theories, and methodologies by a

23  panel of independent, recognized experts in the fields of

24  hydrology, hydrogeology, limnology, and other scientific

25  disciplines relevant to the matters being reviewed under s.

26  373.042.

27         (8)(10)  "Nonregulated use" means any use of water

28  which is exempted from regulation by the provisions of this

29  chapter.

30         (9)(11)  "Other watercourse" means any canal, ditch, or

31  other artificial watercourse in which water usually flows in a

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 1  defined bed or channel.  It is not essential that the flowing

 2  be uniform or uninterrupted.

 3         (10)(12)  "Person" means any and all persons, natural

 4  or artificial, including any individual, firm, association,

 5  organization, partnership, business trust, corporation,

 6  company, the United States of America, and the state and all

 7  political subdivisions, regions, districts, municipalities,

 8  and public agencies thereof.  The enumeration herein is not

 9  intended to be exclusive or exhaustive.

10         (11)(13)  "Reasonable-beneficial use" means the use of

11  water in such quantity as is necessary for economic and

12  efficient utilization for a purpose and in a manner which is

13  both reasonable and consistent with the public interest.

14         (14)  "Regional water supply plan" means a detailed

15  water supply plan developed by a governing board under s.

16  373.0361.

17         (12)(15)  "Stream" means any river, creek, slough, or

18  natural watercourse in which water usually flows in a defined

19  bed or channel.  It is not essential that the flowing be

20  uniform or uninterrupted. The fact that some part of the bed

21  or channel has been dredged or improved does not prevent the

22  watercourse from being a stream.

23         (13)(16)  "Surface water" means water upon the surface

24  of the earth, whether contained in bounds created naturally or

25  artificially or diffused. Water from natural springs shall be

26  classified as surface water when it exits from the spring onto

27  the earth's surface.

28         (14)(17)  "Water" or "waters in the state" means any

29  and all water on or beneath the surface of the ground or in

30  the atmosphere, including natural or artificial watercourses,

31  lakes, ponds, or diffused surface water and water percolating,

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 1  standing, or flowing beneath the surface of the ground, as

 2  well as all coastal waters within the jurisdiction of the

 3  state.

 4         (15)(18)  "Water management district" means any flood

 5  control, resource management, or water management district

 6  operating under the authority of this chapter.

 7         (19)  "Water resource development" means the

 8  formulation and implementation of regional water resource

 9  management strategies, including the collection and evaluation

10  of surface water and groundwater data; structural and

11  nonstructural programs to protect and manage water resources;

12  the development of regional water resource implementation

13  programs; the construction, operation, and maintenance of

14  major public works facilities to provide for flood control,

15  surface and underground water storage, and groundwater

16  recharge augmentation; and related technical assistance to

17  local governments and to government-owned and privately owned

18  water utilities.

19         (16)(20)  "Water resource implementation rule" means

20  the rule authorized by s. 373.036, which sets forth goals,

21  objectives, and guidance for the development and review of

22  programs, rules, and plans relating to water resources, based

23  on statutory policies and directives. The waters of the state

24  are among its most basic resources. Such waters should be

25  managed to conserve and protect water resources and to realize

26  the full beneficial use of these resources.

27         (21)  "Water supply development" means the planning,

28  design, construction, operation, and maintenance of public or

29  private facilities for water collection, production,

30  treatment, transmission, or distribution for sale, resale, or

31  end use.

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 1         (17)(22)  For the sole purpose of serving as the basis

 2  for the unified statewide methodology adopted pursuant to s.

 3  373.421(1), as amended, "wetlands" means those areas that are

 4  inundated or saturated by surface water or groundwater at a

 5  frequency and a duration sufficient to support, and under

 6  normal circumstances do support, a prevalence of vegetation

 7  typically adapted for life in saturated soils.  Soils present

 8  in wetlands generally are classified as hydric or alluvial, or

 9  possess characteristics that are associated with reducing soil

10  conditions. The prevalent vegetation in wetlands generally

11  consists of facultative or obligate hydrophytic macrophytes

12  that are typically adapted to areas having soil conditions

13  described above. These species, due to morphological,

14  physiological, or reproductive adaptations, have the ability

15  to grow, reproduce, or persist in aquatic environments or

16  anaerobic soil conditions.  Florida wetlands generally include

17  swamps, marshes, bayheads, bogs, cypress domes and strands,

18  sloughs, wet prairies, riverine swamps and marshes, hydric

19  seepage slopes, tidal marshes, mangrove swamps and other

20  similar areas.  Florida wetlands generally do not include

21  longleaf or slash pine flatwoods with an understory dominated

22  by saw palmetto. Upon legislative ratification of the

23  methodology adopted pursuant to s. 373.421(1), as amended, the

24  limitation contained herein regarding the purpose of this

25  definition shall cease to be effective.

26         (18)(23)  "Works of the district" means those projects

27  and works, including, but not limited to, structures,

28  impoundments, wells, streams, and other watercourses, together

29  with the appurtenant facilities and accompanying lands, which

30  have been officially adopted by the governing board of the

31  district as works of the district.

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 1         Section 12.  Subsection (2) of section 373.0421,

 2  Florida Statutes, is amended to read:

 3         373.0421  Establishment and implementation of minimum

 4  flows and levels.--

 5         (2)  If the existing flow or level in a water body is

 6  below, or is projected to fall within 20 years below, the

 7  applicable minimum flow or level established pursuant to s.

 8  373.042, the department or governing board, as part of the

 9  regional water supply plan described in s. 373.713 s.

10  373.0361, shall expeditiously implement a recovery or

11  prevention strategy, which includes the development of

12  additional water supplies and other actions, consistent with

13  the authority granted by this chapter, to:

14         (a)  Achieve recovery to the established minimum flow

15  or level as soon as practicable; or

16         (b)  Prevent the existing flow or level from falling

17  below the established minimum flow or level.

18  

19  The recovery or prevention strategy shall include phasing or a

20  timetable which will allow for the provision of sufficient

21  water supplies for all existing and projected

22  reasonable-beneficial uses, including development of

23  additional water supplies and implementation of conservation

24  and other efficiency measures concurrent with, to the extent

25  practical, and to offset, reductions in permitted withdrawals,

26  consistent with the provisions of this chapter.

27         Section 13.  Subsection (4) of section 373.0695,

28  Florida Statutes, is amended to read:

29         373.0695  Duties of basin boards; authorized

30  expenditures.--

31  

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 1         (4)  In the exercise of the duties and powers granted

 2  herein, the basin boards shall be subject to all the

 3  limitations and restrictions imposed on the water management

 4  districts in s. 373.705 s. 373.1961.

 5         Section 14.  Subsection (3) of section 373.223, Florida

 6  Statutes, is amended to read:

 7         373.223  Conditions for a permit.--

 8         (3)  Except for the transport and use of water supplied

 9  by the Central and Southern Florida Flood Control Project, and

10  anywhere in the state when the transport and use of water is

11  supplied exclusively for bottled water as defined in s.

12  500.03(1)(d), any water use permit applications pending as of

13  April 1, 1998, with the Northwest Florida Water Management

14  District and self-suppliers of water for which the proposed

15  water source and area of use or application are located on

16  contiguous private properties, when evaluating whether a

17  potential transport and use of ground or surface water across

18  county boundaries is consistent with the public interest,

19  pursuant to paragraph (1)(c), the governing board or

20  department shall consider:

21         (a)  The proximity of the proposed water source to the

22  area of use or application.

23         (b)  All impoundments, streams, groundwater sources, or

24  watercourses that are geographically closer to the area of use

25  or application than the proposed source, and that are

26  technically and economically feasible for the proposed

27  transport and use.

28         (c)  All economically and technically feasible

29  alternatives to the proposed source, including, but not

30  limited to, desalination, conservation, reuse of nonpotable

31  

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 1  reclaimed water and stormwater, and aquifer storage and

 2  recovery.

 3         (d)  The potential environmental impacts that may

 4  result from the transport and use of water from the proposed

 5  source, and the potential environmental impacts that may

 6  result from use of the other water sources identified in

 7  paragraphs (b) and (c).

 8         (e)  Whether existing and reasonably anticipated

 9  sources of water and conservation efforts are adequate to

10  supply water for existing legal uses and reasonably

11  anticipated future needs of the water supply planning region

12  in which the proposed water source is located.

13         (f)  Consultations with local governments affected by

14  the proposed transport and use.

15         (g)  The value of the existing capital investment in

16  water-related infrastructure made by the applicant.

17  

18  Where districtwide water supply assessments and regional water

19  supply plans have been prepared pursuant to ss. 373.707 and

20  373.713 ss. 373.036 and 373.0361, the governing board or the

21  department shall use the applicable plans and assessments as

22  the basis for its consideration of the applicable factors in

23  this subsection.

24         Section 15.  Section 373.2234, Florida Statutes, is

25  amended to read:

26         373.2234  Preferred water supply sources.--The

27  governing board of a water management district is authorized

28  to adopt rules that identify preferred water supply sources

29  for consumptive uses for which there is sufficient data to

30  establish that a preferred source will provide a substantial

31  new water supply to meet the existing and projected

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 1  reasonable-beneficial uses of a water supply planning region

 2  identified pursuant to s. 373.713 s. 373.0361(1), while

 3  sustaining existing water resources and natural systems. At a

 4  minimum, such rules must contain a description of the

 5  preferred water supply source and an assessment of the water

 6  the preferred source is projected to produce. If an applicant

 7  proposes to use a preferred water supply source, that

 8  applicant's proposed water use is subject to s. 373.223(1),

 9  except that the proposed use of a preferred water supply

10  source must be considered by a water management district when

11  determining whether a permit applicant's proposed use of water

12  is consistent with the public interest pursuant to s.

13  373.223(1)(c). A consumptive use permit issued for the use of

14  a preferred water supply source must be granted, when

15  requested by the applicant, for at least a 20-year period and

16  may be subject to the compliance reporting provisions of s.

17  373.236(3). Nothing in this section shall be construed to

18  exempt the use of preferred water supply sources from the

19  provisions of ss. 373.701 373.016(4) and 373.223(2) and (3),

20  or be construed to provide that permits issued for the use of

21  a nonpreferred water supply source must be issued for a

22  duration of less than 20 years or that the use of a

23  nonpreferred water supply source is not consistent with the

24  public interest. Additionally, nothing in this section shall

25  be interpreted to require the use of a preferred water supply

26  source or to restrict or prohibit the use of a nonpreferred

27  water supply source. Rules adopted by the governing board of a

28  water management district to implement this section shall

29  specify that the use of a preferred water supply source is not

30  required and that the use of a nonpreferred water supply

31  source is not restricted or prohibited.

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 1         Section 16.  Subsection (3) of section 373.229, Florida

 2  Statutes, is amended to read:

 3         373.229  Application for permit.--

 4         (3)  In addition to the information required in

 5  subsection (1), all permit applications filed with the

 6  governing board or the department which propose the transport

 7  and use of water across county boundaries shall include

 8  information pertaining to factors to be considered, pursuant

 9  to s. 373.223(3), unless exempt under s. 373.717 s.

10  373.1962(9).

11         Section 17.  Subsection (1) of section 373.421, Florida

12  Statutes, is amended to read:

13         373.421  Delineation methods; formal determinations.--

14         (1)  The Environmental Regulation Commission shall

15  adopt a unified statewide methodology for the delineation of

16  the extent of wetlands as defined in s. 373.019(17) s.

17  373.019(22). This methodology shall consider regional

18  differences in the types of soils and vegetation that may

19  serve as indicators of the extent of wetlands. This

20  methodology shall also include provisions for determining the

21  extent of surface waters other than wetlands for the purposes

22  of regulation under s. 373.414. This methodology shall not

23  become effective until ratified by the Legislature. Subsequent

24  to legislative ratification, the wetland definition in s.

25  373.019(17) s. 373.019(22) and the adopted wetland methodology

26  shall be binding on the department, the water management

27  districts, local governments, and any other governmental

28  entities. Upon ratification of such wetland methodology, the

29  Legislature preempts the authority of any water management

30  district, state or regional agency, or local government to

31  define wetlands or develop a delineation methodology to

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 1  implement the definition and determines that the exclusive

 2  definition and delineation methodology for wetlands shall be

 3  that established pursuant to s. 373.019(17) s. 373.019(22) and

 4  this section. Upon such legislative ratification, any existing

 5  wetlands definition or wetland delineation methodology shall

 6  be superseded by the wetland definition and delineation

 7  methodology established pursuant to this chapter. Subsequent

 8  to legislative ratification, a delineation of the extent of a

 9  surface water or wetland by the department or a water

10  management district, pursuant to a formal determination under

11  subsection (2), or pursuant to a permit issued under this part

12  in which the delineation was field-verified by the permitting

13  agency and specifically approved in the permit, shall be

14  binding on all other governmental entities for the duration of

15  the formal determination or permit. All existing rules and

16  methodologies of the department, the water management

17  districts, and local governments, regarding surface water or

18  wetland definition and delineation shall remain in full force

19  and effect until the common methodology rule becomes

20  effective. However, this shall not be construed to limit any

21  power of the department, the water management districts, and

22  local governments to amend or adopt a surface water or wetland

23  definition or delineation methodology until the common

24  methodology rule becomes effective.

25         Section 18.  Paragraph (a) of subsection (6) of section

26  373.536, Florida Statutes, is amended to read:

27         373.536  District budget and hearing thereon.--

28         (6)  FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS

29  PLAN; WATER RESOURCE DEVELOPMENT WORK PROGRAM.--

30         (a)  Each district must, by the date specified for each

31  item, furnish copies of the following documents to the

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 1  Governor, the President of the Senate, the Speaker of the

 2  House of Representatives, the chairs of all legislative

 3  committees and subcommittees having substantive or fiscal

 4  jurisdiction over the districts, as determined by the

 5  President of the Senate or the Speaker of the House of

 6  Representatives as applicable, the secretary of the

 7  department, and the governing board of each county in which

 8  the district has jurisdiction or derives any funds for the

 9  operations of the district:

10         1.  The adopted budget, to be furnished within 10 days

11  after its adoption.

12         2.  A financial audit of its accounts and records, to

13  be furnished within 10 days after its acceptance by the

14  governing board. The audit must be conducted in accordance

15  with the provisions of s. 11.45 and the rules adopted

16  thereunder. In addition to the entities named above, the

17  district must provide a copy of the audit to the Auditor

18  General within 10 days after its acceptance by the governing

19  board.

20         3.  A 5-year capital improvements plan, to be furnished

21  within 45 days after the adoption of the final budget. The

22  plan must include expected sources of revenue for planned

23  improvements and must be prepared in a manner comparable to

24  the fixed capital outlay format set forth in s. 216.043.

25         4.  A 5-year water resource development work program to

26  be furnished within 45 days after the adoption of the final

27  budget. The program must describe the district's

28  implementation strategy for the water resource development

29  component of each approved regional water supply plan

30  developed or revised under s. 373.713 s. 373.0361. The work

31  program must address all the elements of the water resource

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 1  development component in the district's approved regional

 2  water supply plans and must identify which projects in the

 3  work program will provide water, explain how each water

 4  resource development project will produce additional water

 5  available for consumptive uses, estimate the quantity of water

 6  to be produced by each project, and provide an assessment of

 7  the contribution of the district's regional water supply plans

 8  in providing sufficient water to meet the water supply needs

 9  of existing and future reasonable-beneficial uses for a

10  1-in-10-year drought event. Within 45 days after its

11  submittal, the department shall review the proposed work

12  program and submit its findings, questions, and comments to

13  the district. The review must include a written evaluation of

14  the program's consistency with the furtherance of the

15  district's approved regional water supply plans, and the

16  adequacy of proposed expenditures. As part of the review, the

17  department shall give interested parties the opportunity to

18  provide written comments on each district's proposed work

19  program. Within 60 days after receipt of the department's

20  evaluation, the governing board shall state in writing to the

21  department which changes recommended in the evaluation it will

22  incorporate into its work program or specify the reasons for

23  not incorporating the changes. The department shall include

24  the district's responses in a final evaluation report and

25  shall submit a copy of the report to the Governor, the

26  President of the Senate, and the Speaker of the House of

27  Representatives.

28         Section 19.  Subsection (11) of section 373.59, Florida

29  Statutes, is amended to read:

30         373.59  Water Management Lands Trust Fund.--

31  

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 1         (11)  Notwithstanding any provision of this section to

 2  the contrary, the governing board of a water management

 3  district may request, and the Secretary of Environmental

 4  Protection shall release upon such request, moneys allocated

 5  to the districts pursuant to subsection (8) for purposes

 6  consistent with the provisions of s. 373.713, s. 373.709 s.

 7  373.0361, s. 373.0831, s. 373.139, or ss. 373.451-373.4595 and

 8  for legislatively authorized land acquisition and water

 9  restoration initiatives. No funds may be used pursuant to this

10  subsection until necessary debt service obligations,

11  requirements for payments in lieu of taxes, and land

12  management obligations that may be required by this chapter

13  are provided for.

14         Section 20.  Paragraph (g) of subsection (1) of section

15  378.212, Florida Statutes, is amended to read:

16         378.212  Variances.--

17         (1)  Upon application, the secretary may grant a

18  variance from the provisions of this part or the rules adopted

19  pursuant thereto. Variances and renewals thereof may be

20  granted for any one of the following reasons:

21         (g)  To accommodate reclamation that provides water

22  supply development or water resource development not

23  inconsistent with the applicable regional water supply plan

24  approved pursuant to s. 373.713 s. 373.0361, provided adverse

25  impacts are not caused to the water resources in the basin. A

26  variance may also be granted from the requirements of part IV

27  of chapter 373, or the rules adopted thereunder, when a

28  project provides an improvement in water availability in the

29  basin and does not cause adverse impacts to water resources in

30  the basin.

31  

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 1         Section 21.  Subsection (9) of section 378.404, Florida

 2  Statutes, is amended to read:

 3         378.404  Department of Environmental Protection; powers

 4  and duties.--The department shall have the following powers

 5  and duties:

 6         (9)  To grant variances from the provisions of this

 7  part to accommodate reclamation that provides for water supply

 8  development or water resource development not inconsistent

 9  with the applicable regional water supply plan approved

10  pursuant to s. 373.713 s. 373.0361, appropriate stormwater

11  management, improved wildlife habitat, recreation, or a

12  mixture thereof, provided adverse impacts are not caused to

13  the water resources in the basin and public health and safety

14  are not adversely affected.

15         Section 22.  Subsection (14) of section 403.031,

16  Florida Statutes, is amended to read:

17         403.031  Definitions.--In construing this chapter, or

18  rules and regulations adopted pursuant hereto, the following

19  words, phrases, or terms, unless the context otherwise

20  indicates, have the following meanings:

21         (14)  "State water resource implementation rule" means

22  the rule authorized by s. 373.707 s. 373.036, which sets forth

23  goals, objectives, and guidance for the development and review

24  of programs, rules, and plans relating to water resources,

25  based on statutory policies and directives. The waters of the

26  state are among its most basic resources. Such waters should

27  be managed to conserve and protect water resources and to

28  realize the full beneficial use of these resources.

29         Section 23.  Paragraphs (r) and (u) of subsection (2)

30  of section 403.813, Florida Statutes, are amended to read:

31  

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 1         403.813  Permits issued at district centers;

 2  exceptions.--

 3         (2)  A permit is not required under this chapter,

 4  chapter 373, chapter 61-691, Laws of Florida, or chapter 25214

 5  or chapter 25270, 1949, Laws of Florida, for activities

 6  associated with the following types of projects; however,

 7  except as otherwise provided in this subsection, nothing in

 8  this subsection relieves an applicant from any requirement to

 9  obtain permission to use or occupy lands owned by the Board of

10  Trustees of the Internal Improvement Trust Fund or any water

11  management district in its governmental or proprietary

12  capacity or from complying with applicable local pollution

13  control programs authorized under this chapter or other

14  requirements of county and municipal governments:

15         (r)  The removal of aquatic plants, the removal of

16  tussocks, the associated replanting of indigenous aquatic

17  plants, and the associated removal from lakes of organic

18  detrital material when such planting or removal is performed

19  and authorized by permit or exemption granted under s. 369.20

20  or s. 369.25, provided that:

21         1.  Organic detrital material that exists on the

22  surface of natural mineral substrate shall be allowed to be

23  removed to a depth of 3 feet or to the natural mineral

24  substrate, whichever is less;

25         2.  All material removed pursuant to this paragraph

26  shall be deposited in an upland site in a manner that will

27  prevent the reintroduction of the material into waters in the

28  state except when spoil material is permitted to be used to

29  create wildlife islands in freshwater bodies of the state when

30  a governmental entity is permitted pursuant to s. 369.20 to

31  

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 1  create such islands as a part of a restoration or enhancement

 2  project;

 3         3.  All activities are performed in a manner consistent

 4  with state water quality standards; and

 5         4.  No activities under this exemption are conducted in

 6  wetland areas, as defined by s. 373.019(17) s. 373.019(22),

 7  which are supported by a natural soil as shown in applicable

 8  United States Department of Agriculture county soil surveys,

 9  except when a governmental entity is permitted pursuant to s.

10  369.20 to conduct such activities as a part of a restoration

11  or enhancement project.

12  

13  The department may not adopt implementing rules for this

14  paragraph, notwithstanding any other provision of law.

15         (u)  Notwithstanding any provision to the contrary in

16  this subsection, a permit or other authorization under chapter

17  253, chapter 369, chapter 373, or this chapter is not required

18  for an individual residential property owner for the removal

19  of organic detrital material from freshwater rivers or lakes

20  that have a natural sand or rocky substrate and that are not

21  Aquatic Preserves or for the associated removal and replanting

22  of aquatic vegetation for the purpose of environmental

23  enhancement, providing that:

24         1.  No activities under this exemption are conducted in

25  wetland areas, as defined by s. 373.019(17) s. 373.019(22),

26  which are supported by a natural soil as shown in applicable

27  United States Department of Agriculture county soil surveys.

28         2.  No filling or peat mining is allowed.

29         3.  No removal of native wetland trees, including, but

30  not limited to, ash, bay, cypress, gum, maple, or tupelo,

31  occurs.

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 1         4.  When removing organic detrital material, no portion

 2  of the underlying natural mineral substrate or rocky substrate

 3  is removed.

 4         5.  Organic detrital material and plant material

 5  removed is deposited in an upland site in a manner that will

 6  not cause water quality violations.

 7         6.  All activities are conducted in such a manner, and

 8  with appropriate turbidity controls, so as to prevent any

 9  water quality violations outside the immediate work area.

10         7.  Replanting with a variety of aquatic plants native

11  to the state shall occur in a minimum of 25 percent of the

12  preexisting vegetated areas where organic detrital material is

13  removed, except for areas where the material is removed to

14  bare rocky substrate; however, an area may be maintained clear

15  of vegetation as an access corridor. The access corridor width

16  may not exceed 50 percent of the property owner's frontage or

17  50 feet, whichever is less, and may be a sufficient length

18  waterward to create a corridor to allow access for a boat or

19  swimmer to reach open water. Replanting must be at a minimum

20  density of 2 feet on center and be completed within 90 days

21  after removal of existing aquatic vegetation, except that

22  under dewatered conditions replanting must be completed within

23  90 days after reflooding. The area to be replanted must extend

24  waterward from the ordinary high water line to a point where

25  normal water depth would be 3 feet or the preexisting

26  vegetation line, whichever is less. Individuals are required

27  to make a reasonable effort to maintain planting density for a

28  period of 6 months after replanting is complete, and the

29  plants, including naturally recruited native aquatic plants,

30  must be allowed to expand and fill in the revegetation area.

31  Native aquatic plants to be used for revegetation must be

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 1  salvaged from the enhancement project site or obtained from an

 2  aquatic plant nursery regulated by the Department of

 3  Agriculture and Consumer Services. Plants that are not native

 4  to the state may not be used for replanting.

 5         8.  No activity occurs any farther than 100 feet

 6  waterward of the ordinary high water line, and all activities

 7  must be designed and conducted in a manner that will not

 8  unreasonably restrict or infringe upon the riparian rights of

 9  adjacent upland riparian owners.

10         9.  The person seeking this exemption notifies the

11  applicable department district office in writing at least 30

12  days before commencing work and allows the department to

13  conduct a preconstruction site inspection. Notice must include

14  an organic-detrital-material removal and disposal plan and, if

15  applicable, a vegetation-removal and revegetation plan.

16         10.  The department is provided written certification

17  of compliance with the terms and conditions of this paragraph

18  within 30 days after completion of any activity occurring

19  under this exemption.

20         Section 24.  Paragraph (a) of subsection (3) of section

21  403.0891, Florida Statutes, is amended to read:

22         403.0891  State, regional, and local stormwater

23  management plans and programs.--The department, the water

24  management districts, and local governments shall have the

25  responsibility for the development of mutually compatible

26  stormwater management programs.

27         (3)(a)  Each local government required by chapter 163

28  to submit a comprehensive plan, whose plan is submitted after

29  July 1, 1992, and the others when updated after July 1, 1992,

30  in the development of its stormwater management program

31  described by elements within its comprehensive plan shall

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 1  consider the water resource implementation rule, district

 2  stormwater management goals, plans approved pursuant to the

 3  Surface Water Improvement and Management Act, ss.

 4  373.451-373.4595, and technical assistance information

 5  provided by the water management districts pursuant to s.

 6  373.715 s. 373.0391.

 7         Section 25.  Subsection (6) of section 556.102, Florida

 8  Statutes, is amended to read:

 9         556.102  Definitions.--As used in this act:

10         (6)  "Excavate" or "excavation" means any manmade cut,

11  cavity, trench, or depression in the earth's surface, formed

12  by removal of earth, intended to change the grade or level of

13  land, or intended to penetrate or disturb the surface of the

14  earth, including land beneath the waters of the state, as

15  defined in s. 373.019(14) s. 373.019(17), and the term

16  includes pipe bursting and directional drilling or boring from

17  one point to another point beneath the surface of the earth,

18  or other trenchless technologies.

19         Section 26.  Section 682.02, Florida Statutes, is

20  amended to read:

21         682.02  Arbitration agreements made valid, irrevocable,

22  and enforceable; scope.--Two or more parties may agree in

23  writing to submit to arbitration any controversy existing

24  between them at the time of the agreement, or they may include

25  in a written contract a provision for the settlement by

26  arbitration of any controversy thereafter arising between them

27  relating to such contract or the failure or refusal to perform

28  the whole or any part thereof. This section also applies to

29  written interlocal agreements under ss. 163.01 and 373.717

30  373.1962 in which two or more parties agree to submit to

31  arbitration any controversy between them concerning water use

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 1  permit applications and other matters, regardless of whether

 2  or not the water management district with jurisdiction over

 3  the subject application is a party to the interlocal agreement

 4  or a participant in the arbitration. Such agreement or

 5  provision shall be valid, enforceable, and irrevocable without

 6  regard to the justiciable character of the controversy;

 7  provided that this act shall not apply to any such agreement

 8  or provision to arbitrate in which it is stipulated that this

 9  law shall not apply or to any arbitration or award thereunder.

10         Section 27.  Sections 373.036, 373.0361, 373.0391,

11  373.0831, 373.196, 373.1961, 373.1962, and 373.1963, Florida

12  Statutes, are repealed.

13         Section 28.  This act shall take effect July 1, 2005.

14  

15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                         Senate Bill 440

17                                 

18  The committee substitute creates a new Part VII to Chapter
    373, F.S., to include all those sections of Chapter 373 that
19  address water supply policy, planning, and production.  In
    addition, necessary conforming changes and repealers are also
20  contained in the committee substitute.

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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