Senate Bill sb2882
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    Florida Senate - 2007                                  SB 2882
    By Senator Justice
    16-1343-07                                              See HB
  1                      A bill to be entitled
  2         An act relating to water supply; creating part
  3         VII of ch. 373, F.S., relating to water supply
  4         policy, planning, production, and funding;
  5         providing a declaration of policy; providing
  6         definitions; providing for the powers and
  7         duties of water management district governing
  8         boards; requiring the Department of
  9         Environmental Protection to develop the Florida
10         water supply plan; providing components of the
11         plan; requiring water management district
12         governing boards to develop water supply plans
13         for their respective regions; providing
14         components of district water supply plans;
15         providing legislative findings and intent with
16         respect to water resource development and water
17         supply development; requiring water management
18         districts to fund and implement water resource
19         development; specifying water supply
20         development projects which are eligible to
21         receive priority consideration for state or
22         water management district funding assistance;
23         encouraging cooperation in the development of
24         water supplies; providing for alternative water
25         supply development; encouraging municipalities,
26         counties, and special districts to create
27         regional water supply authorities; establishing
28         the primary roles of the water management
29         district in alternative water supply
30         development; establishing the primary roles of
31         local governments, regional water supply
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1         authorities, special districts, and publicly
 2         owned and privately owned water utilities in
 3         alternative water supply development; requiring
 4         the water management districts to detail the
 5         specific allocations to be used for alternative
 6         water supply development in their annual budget
 7         submission; requiring that the water management
 8         districts include the amount needed to
 9         implement the water supply development projects
10         in each annual budget; establishing general
11         funding criteria for funding assistance to the
12         state or water management districts;
13         establishing economic incentives for
14         alternative water supply development; providing
15         a funding formula for the distribution of state
16         funds to the water management districts for
17         alternative water supply development; requiring
18         that funding assistance for alternative water
19         supply development be limited to a percentage
20         of the total capital costs of an approved
21         project; establishing a selection process and
22         criteria; providing for cost recovery from the
23         Public Service Commission; requiring a water
24         management district governing board to conduct
25         water supply planning for each region
26         identified in the district water supply plan;
27         providing procedures and requirements with
28         respect to regional water supply plans;
29         providing for joint development of a specified
30         water supply development component of a
31         regional water supply plan within the
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1         boundaries of the Southwest Florida Water
 2         Management District; providing that approval of
 3         a regional water supply plan is not subject to
 4         the rulemaking requirements of the
 5         Administrative Procedures Act; requiring the
 6         department to submit annual reports on the
 7         status of regional water supply planning in
 8         each district; providing construction with
 9         respect to the water supply development
10         component of a regional water supply plan;
11         requiring water management districts to present
12         to certain entities the relevant portions of a
13         regional water supply plan; requiring certain
14         entities to provide written notification to
15         water management districts as to the
16         implementation of water supply project options;
17         requiring water management districts to notify
18         local governments of the need for alternative
19         water supply projects; requiring water
20         management districts to assist local
21         governments in the development and future
22         revision of local government comprehensive plan
23         elements or public facilities reports related
24         to water resource issues; providing for the
25         creation of regional water supply authorities;
26         providing purpose of such authorities;
27         specifying considerations with respect to the
28         creation of a proposed authority; specifying
29         authority of a regional water supply authority;
30         providing authority of specified entities to
31         convey title, dedicate land, or grant land-use
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1         rights to a regional water supply authority for
 2         specified purposes; providing preferential
 3         rights of counties and municipalities to
 4         purchase water from regional water supply
 5         authorities; providing exemption for specified
 6         water supply authorities from consideration of
 7         certain factors and submissions; providing
 8         applicability of such exemptions; authorizing
 9         the West Coast Regional Water Supply Authority
10         and its member governments to reconstitute the
11         authority's governance and rename the authority
12         under a voluntary interlocal agreement;
13         providing compliance requirements with respect
14         to the interlocal agreement; providing for
15         supersession of conflicting general or special
16         laws; providing requirements with respect to
17         annual budgets; specifying the annual millage
18         for the authority; authorizing the authority to
19         request the governing board of the district to
20         levy ad valorem taxes within the boundaries of
21         the authority to finance authority functions;
22         providing requirements and procedures with
23         respect to the collection of such taxes;
24         amending ss. 11.80, 120.52, 163.3167, 163.3177,
25         163.3191, 186.009, 189.404, 189.4155, 189.4156,
26         and 367.021, F.S.; conforming cross-references;
27         amending s. 373.016, F.S., relating to the
28         declaration of policy, to conform; amending s.
29         373.019, relating to definitions, to conform;
30         amending s. 373.036, F.S., relating to the
31         Florida water plan and district water
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1         management plans, to include the Florida water
 2         supply plan and district water supply plans and
 3         make other conforming changes; amending s.
 4         373.042, F.S.; providing for minimum flow and
 5         level provisions for alternative water supply
 6         project options; amending ss. 373.0421,
 7         373.0695, 373.199, 373.223, 373.2234, 373.229,
 8         373.414, 373.421, 373.4592, 373.45926,
 9         373.4595, 373.470, 373.536, 373.59, 378.212,
10         378.404, 403.031, 403.813, 403.0891, 403.890,
11         556.102, and 682.02, F.S.; conforming
12         cross-references; renumbering s. 373.71, F.S.,
13         relating to the
14         Apalachicola-Chattahoochee-Flint River Basin
15         Compact, to clarify retention of the section in
16         part VI of ch. 373, F.S.; repealing s.
17         373.0361, F.S., relating to regional water
18         supply planning; repealing s. 373.0391, F.S.,
19         relating to technical assistance to local
20         governments; repealing s. 373.0831, F.S.,
21         relating to water resource and water supply
22         development; repealing s. 373.196, F.S.,
23         relating to alternative water supply
24         development; repealing s. 373.1961, F.S.,
25         relating to water production and related powers
26         and duties of water management districts;
27         repealing s. 373.1962, F.S., relating to
28         regional water supply authorities; repealing s.
29         373.1963, F.S., relating to assistance to the
30         West Coast Regional Water Supply Authority;
31         providing an effective date.
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1  Be It Enacted by the Legislature of the State of Florida:
 2  
 3         Section 1.  Part VII of chapter 373, Florida Statutes,
 4  consisting of sections 373.701, 373.703, 373.705, 373.707,
 5  373.709, 373.711, 373.713, 373.715, 373.717, and 373.719, is
 6  created to read:
 7                             PART VII
 8      WATER SUPPLY POLICY, PLANNING, PRODUCTION, AND FUNDING
 9         373.701  Declaration of policy.--It is declared to be
10  the policy of the Legislature that:
11         (1)  Water constitutes a public resource benefiting the
12  entire state, and therefore water supply planning in the state
13  should be conducted on a state and regional basis.
14         (2)  The availability of sufficient water for all
15  existing and future reasonable-beneficial uses and natural
16  systems shall be promoted.
17         (3)  In order to protect the state's water resources
18  and to meet the current and future needs of those areas with
19  abundant water, the Legislature directs the Department of
20  Environmental Protection and the water management districts to
21  encourage the use of water from sources nearest the area of
22  use or application whenever practicable. Such sources shall
23  include all naturally occurring water sources and all
24  alternative water sources, including, but not limited to,
25  desalination, conservation, reuse of nonpotable reclaimed
26  water and stormwater, and aquifer storage and recovery.
27         (4)  In establishing the policy outlined in subsection
28  (3), the Legislature realizes that, under certain
29  circumstances, the need to transport water from distant
30  sources may be necessary for environmental, technical, or
31  economic reasons.
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1         (5)  Cooperative efforts between municipalities,
 2  counties, water management districts, and the department are
 3  mandatory in order to meet the water needs of rapidly
 4  urbanizing areas in a manner which will supply adequate and
 5  dependable supplies of water where needed without resulting in
 6  adverse effects upon the areas from which such water is
 7  withdrawn. Such efforts should utilize all practical means of
 8  obtaining water, including, but not limited to, withdrawals of
 9  surface water and groundwater, the recycling of waste water,
10  and desalination and will necessitate not only cooperation but
11  also well-coordinated activities.
12         (6)  Municipalities and counties are encouraged to
13  create regional water supply authorities and
14  multijurisdictional water supply entities as authorized
15  herein.
16         (7)  Nothing herein shall be construed to preclude the
17  various municipalities and counties from continuing to operate
18  existing water production and transmission facilities or to
19  enter into cooperative agreements with other municipalities
20  and counties for the purpose of meeting their respective needs
21  for dependable and adequate supplies of water, provided the
22  obtaining of water through such operations shall not be done
23  in a manner which results in adverse effects upon the areas
24  from which such water is withdrawn.
25         373.703  Definitions.--As used in this part or in any
26  rule, regulation, or order adopted pursuant to this part, the
27  following terms shall, unless the context clearly indicates
28  otherwise, mean:
29         (1)  "Alternative water supplies" means salt water;
30  brackish surface and groundwater; surface water captured
31  predominately during wet-weather flows; sources made available
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1  through the addition of new storage capacity for surface or
 2  groundwater, water that has been reclaimed after one or more
 3  public supply, municipal, industrial, commercial, or
 4  agricultural uses; the downstream augmentation of water bodies
 5  with reclaimed water; stormwater; and any other water supply
 6  source that is designated as nontraditional for a water supply
 7  planning region in the applicable regional water supply plan.
 8         (2)  "Capital costs" means planning, design,
 9  engineering, and project construction costs.
10         (3)  "Department" means the Department of Environmental
11  Protection.
12         (4)  "District water supply plan" means the regional
13  plan developed by a governing board under s. 373.707.
14         (5)  "Florida water supply plan" means the state-level
15  plan developed by the department under s. 373.707.
16         (6)  "Governing board" means the governing board of a
17  water management district.
18         (7)  "Multijurisdictional water supply entity" means
19  two or more water utilities or local governments that have
20  organized into a larger entity, or entered into an interlocal
21  agreement or contract, for the purpose of more efficiently
22  pursuing water supply development or alternative water supply
23  development projects listed pursuant to a regional water
24  supply plan.
25         (8)  "Regional water supply plan" means a detailed
26  water supply plan developed by a governing board under s.
27  373.713.
28         (9)  "Water management district" means any flood
29  control, resource management, or water management district
30  operating under the authority of this chapter.
31  
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1         (10)  "Water resource development" means the
 2  formulation and implementation of regional water resource
 3  management strategies, including the collection and evaluation
 4  of surface water and groundwater data; structural and
 5  nonstructural programs to protect and manage water resources;
 6  the development of regional water resource implementation
 7  programs; the construction, operation, and maintenance of
 8  major public works facilities to provide for surface and
 9  underground water storage and groundwater recharge
10  augmentation; and related technical assistance to local
11  governments and to government-owned and privately owned water
12  utilities.
13         (11)  "Water supply development" means the planning,
14  design, construction, operation, and maintenance of public or
15  private facilities for water collection, production,
16  treatment, transmission, or distribution for sale, resale, or
17  end use.
18         373.705  Powers and duties.--In the performance of, and
19  in conjunction with, its other powers and duties, the
20  governing board of a water management district existing
21  pursuant to this chapter:
22         (1)  Shall engage in planning to assist counties,
23  municipalities, special districts, publicly owned and
24  privately owned water utilities, multijurisdictional water
25  supply entities, or regional water supply authorities in
26  meeting water supply needs in such manner as will give
27  priority to encouraging conservation and reducing adverse
28  environmental effects of improper or excessive withdrawals of
29  water from concentrated areas. As used in this section and s.
30  373.711, regional water supply authorities are regional water
31  
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1  authorities created under s. 373.717 or other laws of this
 2  state.
 3         (2)  Shall assist counties, municipalities, special
 4  districts, publicly owned or privately owned water utilities,
 5  multijurisdictional water supply entities, or regional water
 6  supply authorities in meeting water supply needs in such
 7  manner as will give priority to encouraging conservation and
 8  reducing adverse environmental effects of improper or
 9  excessive withdrawals of water from concentrated areas.
10         (3)  May establish, design, construct, operate, and
11  maintain water production and transmission facilities for the
12  purpose of supplying water to counties, municipalities,
13  special districts, publicly owned and privately owned water
14  utilities, multijurisdictional water supply entities, or
15  regional water supply authorities. The permit required by part
16  II of this chapter for a water management district engaged in
17  water production and transmission shall be granted, denied, or
18  granted with conditions by the department.
19         (4)  Shall not engage in local water supply
20  distribution.
21         (5)  Shall not deprive, directly or indirectly, any
22  county wherein water is withdrawn of the prior right to the
23  reasonable and beneficial use of water which is required to
24  supply adequately the reasonable and beneficial needs of the
25  county or any of the inhabitants or property owners therein.
26         (6)  May provide water and financial assistance to
27  regional water supply authorities, but may not provide water
28  to counties and municipalities which are located within the
29  area of such authority without the specific approval of the
30  authority or, in the event of the authority's disapproval, the
31  approval of the Governor and Cabinet sitting as the Land and
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1  Water Adjudicatory Commission. The district may supply water
 2  at rates and upon terms mutually agreed to by the parties or,
 3  if they do not agree, as set by the governing board and
 4  specifically approved by the Governor and Cabinet sitting as
 5  the Land and Water Adjudicatory Commission.
 6         (7)  May acquire title to such interest as is necessary
 7  in real property, by purchase, gift, devise, lease, eminent
 8  domain, or otherwise, for water production and transmission
 9  consistent with this section and s. 373.711. However, the
10  district shall not use any of the eminent domain powers herein
11  granted to acquire water and water rights already devoted to
12  reasonable and beneficial use or any water production or
13  transmission facilities owned by any county, municipality, or
14  regional water supply authority. The district may exercise
15  eminent domain powers outside of its district boundaries for
16  the acquisition of pumpage facilities, storage areas,
17  transmission facilities, and the normal appurtenances thereto,
18  provided that at least 45 days prior to the exercise of
19  eminent domain, the district notifies the district where the
20  property is located after public notice and the district where
21  the property is located does not object within 45 days after
22  notification of such exercise of eminent domain authority.
23         (8)  In addition to the power to issue revenue bonds
24  pursuant to s. 373.584, may issue revenue bonds for the
25  purposes of paying the costs and expenses incurred in carrying
26  out the purposes of this chapter or refunding obligations of
27  the district issued pursuant to this section. Such revenue
28  bonds shall be secured by, and be payable from, revenues
29  derived from the operation, lease, or use of its water
30  production and transmission facilities and other water-related
31  facilities and from the sale of water or services relating
                                  11
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1  thereto. Such revenue bonds may not be secured by, or be
 2  payable from, moneys derived by the district from the Water
 3  Management Lands Trust Fund or from ad valorem taxes received
 4  by the district. All provisions of s. 373.584 relating to the
 5  issuance of revenue bonds which are not inconsistent with this
 6  section shall apply to the issuance of revenue bonds pursuant
 7  to this section. The district may also issue bond anticipation
 8  notes in accordance with the provisions of s. 373.584.
 9         (9)  May join with one or more other water management
10  districts, counties, municipalities, special districts,
11  publicly owned or privately owned water utilities,
12  multijurisdictional water supply entities, or regional water
13  supply authorities for the purpose of carrying out any of its
14  powers, and may contract with such other entities to finance
15  acquisitions, construction, operation, and maintenance. The
16  contract may provide for contributions to be made by each
17  party thereto, for the division and apportionment of the
18  expenses of acquisitions, construction, operation, and
19  maintenance, and for the division and apportionment of the
20  benefits, services, and products therefrom. The contracts may
21  contain other covenants and agreements necessary and
22  appropriate to accomplish their purposes.
23         373.707  Florida water supply plan; district water
24  supply plans.--
25         (1)  In cooperation with the water management
26  districts, regional water supply authorities, and others, the
27  department shall develop the Florida water supply plan. The
28  Florida water supply plan shall include, but not be limited
29  to:
30         (a)  The programs and activities of the department
31  related to water supply.
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1         (b)  The district water supply plans.
 2         (c)  Goals, objectives, and guidance for the
 3  development and review of programs, rules, and plans relating
 4  to water supply based on statutory policies and directives.
 5         (2)(a)  Each governing board shall develop a district
 6  water supply plan for its region. The district water supply
 7  plan shall be based on at least a 20-year planning period,
 8  shall be developed and revised in cooperation with other
 9  agencies, regional water supply authorities, units of
10  government, and interested parties and shall be updated at
11  least once every 5 years. The governing board shall hold a
12  public hearing at least 30 days in advance of completing the
13  development or revision of the district water supply plan.
14         (b)  The district water supply plan shall include, but
15  not be limited to:
16         1.  The scientific methodologies for establishing
17  minimum flows and levels under s. 373.042 and all established
18  minimum flows and levels.
19         2.  Identification of one or more water supply planning
20  regions that singly or together encompass the entire district.
21         3.  Technical data and information prepared under s.
22  373.715.
23         4.  A districtwide water supply assessment which
24  determines for each water supply planning region:
25         a.  Existing legal uses, reasonably anticipated future
26  needs, and existing and reasonably anticipated sources of
27  water and conservation efforts.
28         b.  Whether existing and reasonably anticipated sources
29  of water and conservation efforts are adequate to supply water
30  for all existing legal uses and reasonably anticipated future
31  
                                  13
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1  needs and to sustain the water resources and related natural
 2  systems.
 3         5.  Any completed regional water supply plans prepared
 4  pursuant to s. 373.713.
 5         (c)  If necessary for implementation, the governing
 6  board shall adopt by rule or order relevant portions of the
 7  district water supply plan to the extent of its statutory
 8  authority.
 9         (d)  In the formulation of the district water supply
10  plan, the governing board shall give due consideration to:
11         1.  The attainment of maximum reasonable-beneficial use
12  of water resources.
13         2.  The maximum economic development of the water
14  resources consistent with other uses.
15         3.  The management of water resources for such purposes
16  as environmental protection, drainage, flood control, and
17  water storage.
18         4.  The quantity of water available for application to
19  a reasonable-beneficial use.
20         5.  The prevention of wasteful, uneconomical,
21  impractical, or unreasonable uses of water resources.
22         6.  Presently exercised domestic use and permit rights.
23         7.  The state water resources policy as expressed by
24  this chapter.
25         (3)  The department and governing board shall give
26  careful consideration to the requirements of public recreation
27  and to the protection and propagation of fish and wildlife.
28  The department or governing board may prohibit or restrict
29  other future uses on certain designated bodies of water which
30  may be inconsistent with these objectives.
31  
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1         (4)  The governing board may designate certain uses in
 2  connection with a particular source of supply which, because
 3  of the nature of the activity or the amount of water required,
 4  would constitute an undesirable use for which the governing
 5  board may deny a permit.
 6         (5)  The governing board may designate certain uses in
 7  connection with a particular source of supply which, because
 8  of the nature of the activity or the amount of water required,
 9  would result in an enhancement or improvement of the water
10  resources of the area. Such uses shall be preferred over other
11  uses in the event of competing applications under the
12  permitting systems authorized by this chapter.
13         (6)  The department, in cooperation with the Executive
14  Office of the Governor, or its successor agency may add to the
15  Florida water supply plan any other information, directions,
16  or objectives it deems necessary or desirable for the guidance
17  of the governing boards or other agencies in the
18  administration and enforcement of this chapter.
19         373.709  Water resource development; water supply
20  development.--
21         (1)  The Legislature finds that:
22         (a)  The proper role of the water management districts
23  in water supply is primarily planning and water resource
24  development, but this does not preclude them from providing
25  assistance with water supply development.
26         (b)  The proper role of local government, regional
27  water supply authorities, and government-owned and privately
28  owned water utilities in water supply is primarily water
29  supply development, but this does not preclude them from
30  providing assistance with water resource development.
31  
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1         (c)  Water resource development and water supply
 2  development must receive priority attention, where needed, to
 3  increase the availability of sufficient water for all existing
 4  and future reasonable-beneficial uses and natural systems.
 5         (2)  It is the intent of the Legislature that:
 6         (a)  Sufficient water be available for all existing and
 7  future reasonable-beneficial uses and the natural systems and
 8  that the adverse effects of competition for water supplies be
 9  avoided.
10         (b)  Water management districts take the lead in
11  identifying and implementing water resource development
12  projects and are responsible for securing necessary funding
13  for regionally significant water resource development
14  projects.
15         (c)  Local governments, regional water supply
16  authorities, and government-owned and privately owned water
17  utilities take the lead in securing funds for and implementing
18  water supply development projects. Generally, direct
19  beneficiaries of water supply development projects should pay
20  the costs of the projects from which they benefit, and water
21  supply development projects should continue to be paid for
22  through local funding sources.
23         (d)  Water supply development be conducted in
24  coordination with water management district regional water
25  supply planning and water resource development.
26         (3)  The water management districts shall fund and
27  implement water resource development as defined in s. 373.703.
28  The water management districts are encouraged to implement
29  their responsibility for water resource development and to
30  assist in water supply development as expeditiously as
31  possible in areas subject to regional water supply plans.
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1         (4)  Each governing board shall include in its annual
 2  budget an amount to be made available for the fiscal year to
 3  assist in implementing alternative water supply development
 4  projects listed pursuant to s. 373.713(2)(a)2.
 5         (5)(a)  Water supply development projects which are
 6  included in the relevant regional water supply plans and which
 7  meet one or more of the following criteria shall receive
 8  priority consideration for state or water management district
 9  funding assistance:
10         1.  The project supports establishment of a dependable,
11  sustainable supply of water from alternative water supplies;
12         2.  The project provides substantial environmental
13  benefits by preventing or limiting adverse water resource
14  impacts but requires funding assistance to be economically
15  competitive with other options;
16         3.  The project significantly implements the reuse,
17  storage, recharge, or conservation of water in a manner that
18  contributes to the sustainability of regional water sources;
19  or
20         4.  The project significantly contributes to a recovery
21  plan pursuant to s. 373.0421 for a minimum flow or level
22  established by a governing board.
23         (b)  Water supply development projects which meet the
24  criteria in paragraph (a) and also bring about replacement of
25  existing sources in order to help implement a minimum flow or
26  level shall be given first consideration for state or water
27  management district funding assistance.
28         373.711  Alternative water supply development.--
29         (1)  The purpose of this section is to encourage
30  cooperation in the development of water supplies and to
31  
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1  provide for alternative water supply development. Accordingly,
 2  the Legislature finds that:
 3         (a)  Demands on natural supplies of fresh water to meet
 4  the needs of a rapidly growing population and the needs of the
 5  environment, agriculture, industry, and mining will continue
 6  to increase.
 7         (b)  There is a need for the development of alternative
 8  water supplies for Florida to sustain its economic growth,
 9  economic viability, and natural resources.
10         (c)  Alternative water supply development must receive
11  priority funding attention to increase the available supplies
12  of water to meet all existing and future reasonable-beneficial
13  uses and to benefit the natural systems.
14         (d)  Cooperation between counties, municipalities,
15  regional water supply authorities, multijurisdictional water
16  supply entities, special districts, and publicly owned and
17  privately owned water utilities in the development of
18  countywide and multicountywide alternative water supply
19  projects will allow for necessary economies of scale and
20  efficiencies to be achieved in order to accelerate the
21  development of new, dependable, and sustainable alternative
22  water supplies.
23         (e)  It is in the public interest that county,
24  municipal, industrial, agricultural, and other public and
25  private water users, the Department of Environmental
26  Protection, and the water management districts cooperate and
27  work together in the development of alternative water supplies
28  to avoid the adverse effects of competition for limited
29  supplies of water. Public moneys or services provided to
30  private entities for alternative water supply development may
31  
                                  18
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1  constitute public purposes that also are in the public
 2  interest.
 3         (2)  The Legislature also finds with regard to the
 4  development of alternative water supplies that:
 5         (a)  Sufficient water must be available for all
 6  existing and future reasonable-beneficial uses and the natural
 7  systems, and the adverse effects of competition for water
 8  supplies must be avoided.
 9         (b)  Alternative water supply development must be
10  conducted in coordination with water management district
11  regional water supply planning.
12         (c)  Funding for the development of alternative water
13  supplies shall be a shared responsibility of water suppliers
14  and users, the State of Florida, and the water management
15  districts, with water suppliers and users having the primary
16  responsibility and the State of Florida and the water
17  management districts being responsible for providing funding
18  assistance.
19         (3)  The primary roles of the water management
20  districts in water resource development as it relates to
21  supporting alternative water supply development are:
22         (a)  The formulation and implementation of regional
23  water resource management strategies that support alternative
24  water supply development;
25         (b)  The collection and evaluation of surface water and
26  groundwater data to be used for a planning level assessment of
27  the feasibility of alternative water supply development
28  projects;
29         (c)  The construction, operation, and maintenance of
30  major public works facilities for flood control, surface and
31  
                                  19
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1  underground water storage, and groundwater recharge
 2  augmentation to support alternative water supply development;
 3         (d)  Planning for alternative water supply development
 4  as provided in regional water supply plans in coordination
 5  with local governments, regional water supply authorities,
 6  multijurisdictional water supply entities, special districts,
 7  and publicly owned and privately owned water utilities and
 8  self-suppliers;
 9         (e)  The formulation and implementation of structural
10  and nonstructural programs to protect and manage water
11  resources in support of alternative water supply projects; and
12         (f)  The provision of technical and financial
13  assistance to local governments and publicly owned and
14  privately owned water utilities for alternative water supply
15  projects.
16         (4)  The primary roles of local government, regional
17  water supply authorities, multijurisdictional water supply
18  entities, special districts, and publicly owned and privately
19  owned water utilities in alternative water supply development
20  shall be:
21         (a)  The planning, design, construction, operation, and
22  maintenance of alternative water supply development projects;
23         (b)  The formulation and implementation of alternative
24  water supply development strategies and programs;
25         (c)  The planning, design, construction, operation, and
26  maintenance of facilities to collect, divert, produce, treat,
27  transmit, and distribute water for sale, resale, or end use;
28  and
29         (d)  The coordination of alternative water supply
30  development activities with the appropriate water management
31  district having jurisdiction over the activity.
                                  20
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1         (5)  Nothing in this section shall be construed to
 2  preclude the various special districts, municipalities, and
 3  counties from continuing to operate existing water production
 4  and transmission facilities or to enter into cooperative
 5  agreements with other special districts, municipalities, and
 6  counties for the purpose of meeting their respective needs for
 7  dependable and adequate supplies of water; however, the
 8  obtaining of water through such operations shall not be done
 9  in a manner that results in adverse effects upon the areas
10  from which such water is withdrawn.
11         (6)(a)  The statewide funds provided pursuant to the
12  Water Protection and Sustainability Program serve to
13  supplement existing water management district or basin board
14  funding for alternative water supply development assistance
15  and should not result in a reduction of such funding.
16  Therefore, the water management districts shall include in the
17  annual tentative and adopted budget submittals required under
18  this chapter the amount of funds allocated for water resource
19  development that supports alternative water supply development
20  and the funds allocated for alternative water supply projects
21  selected for inclusion in the Water Protection and
22  Sustainability Program. It shall be the goal of each water
23  management district and basin boards that the combined funds
24  allocated annually for these purposes be, at a minimum, the
25  equivalent of 100 percent of the state funding provided to the
26  water management district for alternative water supply
27  development. If this goal is not achieved, the water
28  management district shall provide in the budget submittal an
29  explanation of the reasons or constraints that prevent this
30  goal from being met, an explanation of how the goal will be
31  met in future years, and affirmation of match is required
                                  21
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1  during the budget review process as established under s.
 2  373.536(5). The Suwannee River Water Management District and
 3  the Northwest Florida Water Management District shall not be
 4  required to meet the match requirements of this paragraph;
 5  however, they shall try to achieve the match requirement to
 6  the greatest extent practicable.
 7         (b)  State funds from the Water Protection and
 8  Sustainability Program created in s. 403.890 shall be made
 9  available for financial assistance for the project
10  construction costs of alternative water supply development
11  projects selected by a water management district governing
12  board for inclusion in the program.
13         (7)  The water management district shall implement its
14  responsibilities as expeditiously as possible in areas subject
15  to regional water supply plans. Each district's governing
16  board shall include in its annual budget the amount needed for
17  the fiscal year to assist in implementing alternative water
18  supply development projects.
19         (8)(a)  The water management districts and the state
20  shall share a percentage of revenues with water providers and
21  users, including local governments, water, wastewater, and
22  reuse utilities, municipal, special district, industrial, and
23  agricultural water users, and other public and private water
24  users, to be used to supplement other funding sources in the
25  development of alternative water supplies.
26         (b)  Beginning in fiscal year 2007-2008, the state
27  shall annually provide a portion of those revenues deposited
28  into the Water Protection and Sustainability Trust Fund for
29  the purpose of providing funding assistance for the
30  development of alternative water supplies pursuant to the
31  Water Protection and Sustainability Program. At the beginning
                                  22
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1  of each fiscal year, beginning with fiscal year 2007-2008,
 2  such revenues shall be distributed by the department into the
 3  alternative water supply trust fund accounts created by each
 4  district for the purpose of alternative water supply
 5  development under the following funding formula:
 6         1.  Thirty percent to the South Florida Water
 7  Management District;
 8         2.  Twenty-five percent to the Southwest Florida Water
 9  Management District;
10         3.  Twenty-five percent to the St. Johns River Water
11  Management District;
12         4.  Ten percent to the Suwannee River Water Management
13  District; and
14         5.  Ten percent to the Northwest Florida Water
15  Management District.
16         (c)  The financial assistance for alternative water
17  supply projects allocated in each district's budget as
18  required in s. 373.711(6) shall be combined with the state
19  funds and used to assist in funding the project construction
20  costs of alternative water supply projects selected by the
21  governing board. If the district has not completed any
22  regional water supply plan, or the regional water supply plan
23  does not identify the need for any alternative water supply
24  projects, funds deposited in that district's trust fund may be
25  used for water resource development projects, including, but
26  not limited to, springs protection.
27         (d)  All projects submitted to the governing board for
28  consideration shall reflect the total capital cost for
29  implementation. The costs shall be segregated pursuant to the
30  categories described in the definition of capital costs.
31  
                                  23
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1         (e)  Applicants for projects that may receive funding
 2  assistance pursuant to the Water Protection and Sustainability
 3  Program shall, at a minimum, be required to pay 60 percent of
 4  the project's construction costs. The water management
 5  districts may, at their discretion, totally or partially waive
 6  this requirement for projects sponsored by financially
 7  disadvantaged small local governments as defined in s.
 8  403.885(5). The water management districts or basin boards
 9  may, at their discretion, use ad valorem or federal revenues
10  to assist a project applicant in meeting the requirements of
11  this paragraph.
12         (f)  The governing boards shall determine those
13  projects that will be selected for financial assistance. The
14  governing boards may establish factors to determine project
15  funding; however, significant weight shall be given to the
16  following factors:
17         1.  Whether the project provides substantial
18  environmental benefits by preventing or limiting adverse water
19  resource impacts.
20         2.  Whether the project reduces competition for water
21  supplies.
22         3.  Whether the project brings about replacement of
23  traditional sources in order to help implement a minimum flow
24  or level or a reservation.
25         4.  Whether the project will be implemented by a
26  consumptive use permittee that has achieved the targets
27  contained in a goal-based water conservation program approved
28  pursuant to s. 373.227.
29         5.  The quantity of water supplied by the project as
30  compared to its cost.
31  
                                  24
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1         6.  Projects in which the construction and delivery to
 2  end users of reuse water is a major component.
 3         7.  Whether the project will be implemented by a
 4  multijurisdictional water supply entity or regional water
 5  supply authority.
 6         (g)  Additional factors to be considered in determining
 7  project funding shall include:
 8         1.  Whether the project is part of a plan to implement
 9  two or more alternative water supply projects, all of which
10  will be operated to produce water at a uniform rate for the
11  participants in a multijurisdictional water supply entity or
12  regional water supply authority.
13         2.  The percentage of project costs to be funded by the
14  water supplier or water user.
15         3.  Whether the project proposal includes sufficient
16  preliminary planning and engineering to demonstrate that the
17  project can reasonably be implemented within the timeframes
18  provided in the regional water supply plan.
19         4.  Whether the project is a subsequent phase of an
20  alternative water supply project that is underway.
21         5.  Whether and in what percentage a local government
22  or local government utility is transferring water supply
23  system revenues to the local government general fund in excess
24  of reimbursements for services received from the general fund,
25  including direct and indirect costs and legitimate payments in
26  lieu of taxes.
27         (h)  After conducting one or more meetings to solicit
28  public input on eligible projects including input from those
29  entities identified pursuant to s. 373.713(2)(a)3.d. for
30  implementation of alternative water supply projects, the
31  governing board of each water management district shall select
                                  25
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1  projects for funding assistance based upon the criteria set
 2  forth in paragraphs (f) and (g). The governing board may
 3  select a project identified or listed as an alternative water
 4  supply development project in the regional water supply plan,
 5  or allocate up to 20 percent of the funding for alternative
 6  water supply projects that are not identified or listed in the
 7  regional water supply plan but are consistent with the goals
 8  of the plan.
 9         (i)  Without diminishing amounts available through
10  other means described in this paragraph, the governing boards
11  are encouraged to consider establishing revolving loan funds
12  to expand the total funds available to accomplish the
13  objectives of this section. A revolving loan fund created
14  under this paragraph must be a nonlapsing fund from which the
15  water management district may make loans with interest rates
16  below prevailing market rates to public or private entities
17  for the purposes described in this section. The governing
18  board may adopt resolutions to establish revolving loan funds
19  which must specify the details of the administration of the
20  fund, the procedures for applying for loans from the fund, the
21  criteria for awarding loans from the fund, the initial
22  capitalization of the fund, and the goals for future
23  capitalization of the fund in subsequent budget years.
24  Revolving loan funds created under this paragraph must be used
25  to expand the total sums and sources of cooperative funding
26  available for the development of alternative water supplies.
27  The Legislature does not intend for the creation of revolving
28  loan funds to supplant or otherwise reduce existing sources or
29  amounts of funds currently available through other means.
30         (j)  For each utility that receives financial
31  assistance from the state or a water management district for
                                  26
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1  an alternative water supply project, the water management
 2  district shall require the appropriate rate-setting authority
 3  to develop rate structures for water customers in the service
 4  area of the funded utility that will:
 5         1.  Promote the conservation of water; and
 6         2.  Promote the use of water from alternative water
 7  supplies.
 8         (k)  The governing boards shall establish a process for
 9  the disbursal of revenues pursuant to this subsection.
10         (l)  All revenues made available pursuant to this
11  subsection must be encumbered annually by the governing board
12  when it approves projects sufficient to expend the available
13  revenues.
14         (m)  This subsection is not subject to the rulemaking
15  requirements of chapter 120.
16         (n)  By March 1 of each year, as part of the
17  consolidated annual report required by s. 373.036(5), each
18  water management district shall submit a report on the
19  disbursal of all budgeted amounts pursuant to this section.
20  Such report shall describe all alternative water supply
21  projects funded as well as the quantity of new water to be
22  created as a result of such projects and shall account
23  separately for any other moneys provided through grants,
24  matching grants, revolving loans, and the use of district
25  lands or facilities to implement regional water supply plans.
26         (o)  The Florida Public Service Commission shall allow
27  entities under its jurisdiction constructing or participating
28  in constructing facilities that provide alternative water
29  supplies to recover their full, prudently incurred cost of
30  constructing such facilities through their rate structure. If
31  construction of a facility or participation in construction is
                                  27
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1  pursuant to or in furtherance of a regional water supply plan,
 2  the cost shall be deemed to be prudently incurred. Every
 3  component of an alternative water supply facility constructed
 4  by an investor-owned utility shall be recovered in current
 5  rates. Any state or water management district cost-share is
 6  not subject to the recovery provisions allowed in this
 7  paragraph.
 8         (9)  Funding assistance provided by the water
 9  management districts for a water reuse system may include the
10  following conditions for that project if a water management
11  district determines that such conditions will encourage water
12  use efficiency:
13         (a)  Metering of reclaimed water use for residential
14  irrigation, agricultural irrigation, industrial uses, except
15  for electric utilities as defined in s. 366.02(2), landscape
16  irrigation, golf course irrigation, irrigation of other public
17  access areas, commercial and institutional uses such as toilet
18  flushing, and transfers to other reclaimed water utilities;
19         (b)  Implementation of reclaimed water rate structures
20  based on actual use of reclaimed water for the reuse
21  activities listed in paragraph (a);
22         (c)  Implementation of education programs to inform the
23  public about water issues, water conservation, and the
24  importance and proper use of reclaimed water; or
25         (d)  Development of location data for key reuse
26  facilities.
27         373.713  Regional water supply planning.--
28         (1)  The governing board of each water management
29  district shall conduct water supply planning for any water
30  supply planning region within the district identified in the
31  appropriate district water supply plan under s.373.707, where
                                  28
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1  it determines that existing sources of water are not adequate
 2  to supply water for all existing and future
 3  reasonable-beneficial uses and to sustain the water resources
 4  and related natural systems for the planning period. The
 5  planning must be conducted in an open public process, in
 6  coordination and cooperation with local governments, regional
 7  water supply authorities, government-owned and privately owned
 8  water utilities, multijurisdictional water supply entities,
 9  self-suppliers, and other affected and interested parties. The
10  districts shall actively engage in public education and
11  outreach to all affected local entities and their officials,
12  as well as members of the public, in the planning process and
13  in seeking input. During preparation, but prior to completion
14  of the regional water supply plan, the district must conduct
15  at least one public workshop to discuss the technical data and
16  modeling tools anticipated to be used to support the regional
17  water supply plan. The district shall also hold several public
18  meetings to communicate the status, overall conceptual intent,
19  and impacts of the plan on existing and future
20  reasonable-beneficial uses and related natural systems. During
21  the planning process, a local government may choose to prepare
22  its own water supply assessment to determine if existing water
23  sources are adequate to meet existing and projected
24  reasonable-beneficial needs of the local government while
25  sustaining water resources and related natural systems. The
26  local government shall submit such assessment, including the
27  data and methodology used, to the district. The district shall
28  consider the local government's assessment during the
29  formation of the plan. A determination by the governing board
30  that initiation of a regional water supply plan for a specific
31  planning region is not needed pursuant to this section shall
                                  29
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1  be subject to s. 120.569. The governing board shall reevaluate
 2  such a determination at least once every 5 years and shall
 3  initiate a regional water supply plan, if needed, pursuant to
 4  this subsection.
 5         (2)  Each regional water supply plan shall be based on
 6  at least a 20-year planning period and shall include, but need
 7  not be limited to:
 8         (a)  A water supply development component for each
 9  water supply planning region identified by the district which
10  includes:
11         1.  A quantification of the water supply needs for all
12  existing and future reasonable-beneficial uses within the
13  planning horizon. The level-of-certainty planning goal
14  associated with identifying the water supply needs of existing
15  and future reasonable-beneficial uses shall be based upon
16  meeting those needs for a 1-in-10-year drought event.
17  Population projections used for determining public water
18  supply needs must be based upon the best available data. In
19  determining the best available data, the district shall
20  consider the University of Florida's Bureau of Economic and
21  Business Research (BEBR) medium population projections and any
22  population projection data and analysis submitted by a local
23  government pursuant to the public workshop described in
24  subsection (1) if the data and analysis support the local
25  government's comprehensive plan. Any adjustment of or
26  deviation from the BEBR projections must be fully described,
27  and the original BEBR data must be presented along with the
28  adjusted data.
29         2.  A list of water supply development project options,
30  including traditional and alternative water supply project
31  options, from which local government, government-owned and
                                  30
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1  privately owned utilities, regional water supply authorities,
 2  multijurisdictional water supply entities, self-suppliers, and
 3  others may choose for water supply development. In addition to
 4  projects listed by the district, such users may propose
 5  specific projects for inclusion in the list of alternative
 6  water supply projects. If such users propose a project to be
 7  listed as an alternative water supply project, the district
 8  shall determine whether it meets the goals of the plan, and,
 9  if so, it shall be included in the list. The total capacity of
10  the projects included in the plan shall exceed the needs
11  identified in subparagraph 1. and shall take into account
12  water conservation and other demand management measures, as
13  well as water resources constraints, including adopted minimum
14  flows and levels and water reservations. Where the district
15  determines it is appropriate, the plan should specifically
16  identify the need for multijurisdictional approaches to
17  project options that, based on planning level analysis, are
18  appropriate to supply the intended uses and that, based on
19  such analysis, appear to be permittable and financially and
20  technically feasible. The list of water supply development
21  options must contain provisions that recognize that
22  alternative water supply options for agricultural
23  self-suppliers are limited.
24         3.  For each project option identified in subparagraph
25  2., the following shall be provided:
26         a.  An estimate of the amount of water to become
27  available through the project.
28         b.  The timeframe in which the project option should be
29  implemented and the estimated planning-level costs for capital
30  investment and operating and maintaining the project.
31  
                                  31
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1         c.  An analysis of funding needs and sources of
 2  possible funding options. For alternative water supply
 3  projects the water management districts shall provide funding
 4  assistance in accordance with s. 373.711(8).
 5         d.  Identification of the entity that should implement
 6  each project option and the current status of project
 7  implementation.
 8         (b)  A water resource development component that
 9  includes:
10         1.  A listing of those water resource development
11  projects that support water supply development.
12         2.  For each water resource development project listed:
13         a.  An estimate of the amount of water to become
14  available through the project.
15         b.  The timeframe in which the project option should be
16  implemented and the estimated planning-level costs for capital
17  investment and for operating and maintaining the project.
18         c.  An analysis of funding needs and sources of
19  possible funding options.
20         d.  Identification of the entity that should implement
21  each project option and the current status of project
22  implementation.
23         (c)  The recovery and prevention strategy described in
24  s. 373.0421(2).
25         (d)  A funding strategy for water resource development
26  projects, which shall be reasonable and sufficient to pay the
27  cost of constructing or implementing all of the listed
28  projects.
29         (e)  Consideration of how the project options addressed
30  in paragraph (a) serve the public interest or save costs
31  overall by preventing the loss of natural resources or
                                  32
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1  avoiding greater future expenditures for water resource
 2  development or water supply development. However, unless
 3  adopted by rule, these considerations do not constitute final
 4  agency action.
 5         (f)  The technical data and information applicable to
 6  each planning region which are necessary to support the
 7  regional water supply plan.
 8         (g)  The minimum flows and levels established for water
 9  resources within each planning region.
10         (h)  Reservations of water adopted by rule pursuant to
11  s. 373.223(4) within each planning region.
12         (i)  Identification of surface waters or aquifers for
13  which minimum flows and levels are scheduled to be adopted.
14         (j)  An analysis, developed in cooperation with the
15  department, of areas or instances in which the variance
16  provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to
17  create water supply development or water resource development
18  projects.
19         (3)  The water supply development component of a
20  regional water supply plan which deals with or affects public
21  utilities and public water supply for those areas served by a
22  regional water supply authority and its member governments
23  within the boundary of the Southwest Florida Water Management
24  District shall be developed jointly by the authority and the
25  district. In areas not served by regional water supply
26  authorities, or other multijurisdictional water supply
27  entities, and where opportunities exist to meet water supply
28  needs more efficiently through multijurisdictional projects
29  identified pursuant to paragraph (2)(a), water management
30  districts are directed to assist in developing
31  multijurisdictional approaches to water supply project
                                  33
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1  development jointly with affected water utilities, special
 2  districts, and local governments.
 3         (4)  Governing board approval of a regional water
 4  supply plan shall not be subject to the rulemaking
 5  requirements of chapter 120. However, any portion of an
 6  approved regional water supply plan which affects the
 7  substantial interests of a party shall be subject to s.
 8  120.569.
 9         (5)  Annually and in conjunction with the reporting
10  requirements of s. 373.536(6)(a)4., the department shall
11  submit to the Governor and the Legislature a report on the
12  status of regional water supply planning in each district. The
13  report shall include:
14         (a)  A compilation of the estimated costs of and
15  potential sources of funding for water resource development
16  and water supply development projects as identified in the
17  water management district regional water supply plans.
18         (b)  The percentage and amount, by district, of
19  district ad valorem tax revenues or other district funds made
20  available to develop alternative water supplies.
21         (c)  A description of each district's progress toward
22  achieving its water resource development objectives, including
23  the district's implementation of its 5-year water resource
24  development work program.
25         (d)  An assessment of the specific progress being made
26  to implement each alternative water supply project option
27  chosen by the entities and identified for implementation in
28  the plan.
29         (e)  An overall assessment of the progress being made
30  to develop water supply in each district, including, but not
31  limited to, an explanation of how each project, either
                                  34
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1  alternative or traditional, will produce, contribute to, or
 2  account for additional water being made available for
 3  consumptive uses, an estimate of the quantity of water to be
 4  produced by each project, and an assessment of the
 5  contribution of the district's regional water supply plan in
 6  providing sufficient water to meet the needs of existing and
 7  future reasonable-beneficial uses for a 1-in-10 year drought
 8  event, as well as the needs of the natural systems.
 9         (6)  Nothing contained in the water supply development
10  component of a regional water supply plan shall be construed
11  to require local governments, government-owned or privately
12  owned water utilities, special districts, self-suppliers,
13  regional water supply authorities, multijurisdictional water
14  supply entities, or other water suppliers to select a water
15  supply development project identified in the component merely
16  because it is identified in the plan. Except as provided in s.
17  373.223(3) and (5), the plan may not be used in the review of
18  permits under part II unless the plan or an applicable portion
19  thereof has been adopted by rule. However, this subsection
20  does not prohibit a water management district from employing
21  the data or other information used to establish the plan in
22  reviewing permits under part II, nor does it limit the
23  authority of the department or governing board under part II.
24         (7)  Where the water supply component of a water supply
25  planning region shows the need for one or more alternative
26  water supply projects, the district shall notify the affected
27  local governments and make every reasonable effort to educate
28  and involve local public officials in working toward solutions
29  in conjunction with the districts and, where appropriate,
30  other local and regional water supply entities.
31  
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    Florida Senate - 2007                                  SB 2882
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 1         (a)  Within 6 months following approval or amendment of
 2  its regional water supply plan, each water management district
 3  shall notify by certified mail each entity identified in
 4  sub-subparagraph (2)(a)3.d. of that portion of the plan
 5  relevant to the entity. Upon request of such an entity, the
 6  water management district shall appear before and present its
 7  findings and recommendations to the entity.
 8         (b)  Within 1 year after the notification by a water
 9  management district pursuant to paragraph (a), each entity
10  identified in sub-subparagraph (2)(a)3.d. shall provide to the
11  water management district written notification of the
12  following: the alternative water supply projects or options
13  identified in paragraph (2)(a) which it has developed or
14  intends to develop, if any; an estimate of the quantity of
15  water to be produced by each project; and the status of
16  project implementation, including development of the financial
17  plan, facilities master planning, permitting, and efforts in
18  coordinating multijurisdictional projects, if applicable. The
19  information provided in the notification shall be updated
20  annually, and a progress report shall be provided by November
21  15 of each year to the water management district. If an entity
22  does not intend to develop one or more of the alternative
23  water supply project options identified in the regional water
24  supply plan, the entity shall propose, within 1 year after
25  notification by a water management district pursuant to
26  paragraph (a), another alternative water supply project option
27  sufficient to address the needs identified in paragraph (2)(a)
28  within the entity's jurisdiction and shall provide an estimate
29  of the quantity of water to be produced by the project and the
30  status of project implementation as described in this
31  paragraph. The entity may request that the water management
                                  36
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1  district consider the other project for inclusion in the
 2  regional water supply plan.
 3         373.715  Technical assistance to local governments.--
 4         (1)  The water management districts shall assist local
 5  governments in the development and future revision of local
 6  government comprehensive plan elements or public facilities
 7  report, as required by s. 189.415, related to water supply
 8  issues by annually providing to all local governments within
 9  the jurisdiction current, relevant information, including, but
10  not limited to:
11         (a)  Information and data to assist local governments
12  in preparation of the 10-year work plan required to be
13  included in the local government comprehensive plan pursuant
14  to paragraph 163.3177(6)(c).
15         (b)  A description of regulations, programs, and
16  schedules implemented by the district.
17         (c)  A description of groundwater characteristics,
18  including existing and planned wellfield sites, existing and
19  anticipated cones of influence, highly productive groundwater
20  areas, aquifer recharge areas, deep well injection zones,
21  contaminated areas, an assessment of regional water resource
22  needs and sources for the next 20 years, and water quality.
23         (d)  Information reflecting the existing minimum flows
24  for surface watercourses to avoid harm to water resources or
25  the ecosystem and information reflecting the existing minimum
26  water levels for aquifers to avoid harm to water resources or
27  the ecosystem.
28         (e)  Information reflecting existing reservations of
29  water for the protection of fish and wildlife or the public
30  health and safety pursuant to s. 373.223(4).
31  
                                  37
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    Florida Senate - 2007                                  SB 2882
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 1         (f)  Identification of surface waters and aquifers for
 2  which minimum flows and levels are scheduled to be adopted.
 3         (2)  Upon request, the district shall provide technical
 4  assistance to local governments in the development of water
 5  supply development project options identified in s.
 6  373.713(2)(a).
 7         373.717  Regional water supply authorities.--
 8         (1)  By interlocal agreement between counties,
 9  municipalities, or special districts, as applicable pursuant
10  to the Florida Interlocal Cooperation Act of 1969 and s.
11  163.01 and upon the approval of the Secretary of Environmental
12  Protection to ensure that such agreement will be in the public
13  interest and complies with the intent and purposes of this
14  act, regional water supply authorities may be created for the
15  purpose of developing, recovering, storing, and supplying
16  water for county or municipal purposes in such a manner as
17  will give priority to reducing adverse environmental effects
18  of excessive or improper withdrawals of water from
19  concentrated areas. In approving said agreement, the Secretary
20  of Environmental Protection shall consider, but not be limited
21  to, the following:
22         (a)  Whether the geographic territory of the proposed
23  authority is of sufficient size and character to reduce the
24  environmental effects of improper or excessive withdrawals of
25  water from concentrated areas.
26         (b)  The maximization of economic development of the
27  water resources within the territory of the proposed
28  authority.
29         (c)  The availability of a dependable and adequate
30  water supply.
31  
                                  38
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1         (d)  The ability of any proposed authority to design,
 2  construct, operate, and maintain water supply facilities in
 3  the locations and at the times necessary to ensure that an
 4  adequate water supply will be available to all citizens within
 5  the authority.
 6         (e)  The effect or impact of any proposed authority on
 7  any municipality, county, or existing authority or
 8  authorities.
 9         (f)  The existing needs of the water users within the
10  area of the authority.
11         (2)  In addition to other powers and duties agreed upon
12  and notwithstanding the provisions of s. 163.01, such
13  authority may:
14         (a)  Upon approval of the electors residing in each
15  county or municipality within the territory to be included in
16  any authority, levy ad valorem taxes, not to exceed 0.5 mill,
17  pursuant to s. 9(b), Art. VII of the State Constitution. No
18  tax authorized by this paragraph shall be levied in any county
19  or municipality without an affirmative vote of the electors
20  residing in such county or municipality.
21         (b)  Acquire water; develop, store, and transport
22  water; provide, sell, and deliver water for county or
23  municipal uses and purposes; and provide for the furnishing of
24  such water and water service upon terms and conditions and at
25  rates which will apportion to parties and nonparties an
26  equitable share of the capital cost and operating expense of
27  the authority's work to the purchaser.
28         (c)  Collect, treat, and recover waste water.
29         (d)  Not engage in local distribution.
30         (e)  Exercise the power of eminent domain in the manner
31  provided by law for the condemnation of private property for
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1  public use to acquire title to such interest in real property
 2  as is necessary to the exercise of the powers herein granted,
 3  except water already devoted to reasonable and beneficial use
 4  or any water production or transmission facilities owned by
 5  any county or municipality.
 6         (f)  Issue revenue bonds in the manner prescribed by
 7  the Revenue Bond Act of 1953, as amended, part I, chapter 159,
 8  to be payable solely from funds derived from the sale of water
 9  by the authority to any county or municipality. Such bonds may
10  be additionally secured by the full faith and credit of any
11  county or municipality, as provided by s. 159.16, or by a
12  pledge of excise taxes, as provided by s. 159.19. For the
13  purpose of issuing revenue bonds, an authority shall be
14  considered a "unit," as defined in s. 159.02(2), and as that
15  term is used in the Revenue Bond Act of 1953, as amended. Such
16  bonds may be issued to finance the cost of acquiring
17  properties and facilities for the production and transmission
18  of water by the authority to any county or municipality, which
19  cost shall include the acquisition of real property and
20  easements therein for such purposes. Such bonds may be in the
21  form of refunding bonds to take up any outstanding bonds of
22  the authority or of any county or municipality where such
23  outstanding bonds are secured by properties and facilities for
24  production and transmission of water, which properties and
25  facilities are being acquired by the authority. Refunding
26  bonds may be issued to take up and refund all outstanding
27  bonds of said authority that are subject to call and
28  termination and all bonds of said authority that are not
29  subject to call or redemption when the surrender of said bonds
30  can be procured from the holder thereof at prices satisfactory
31  to the authority. Such refunding bonds may be issued at any
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 1  time when, in the judgment of the authority, it will be to the
 2  best interest of the authority financially or economically by
 3  securing a lower rate of interest on said bonds or by
 4  extending the time of maturity of said bonds or, for any other
 5  reason, in the judgment of the authority, advantageous to said
 6  authority.
 7         (g)  Sue and be sued in its own name.
 8         (h)  Borrow money and incur indebtedness and issue
 9  bonds or other evidence of such indebtedness.
10         (i)  Join with one or more other public corporations
11  for the purpose of carrying out any of its powers and, for
12  that purpose, to contract with such other public corporation
13  or corporations for the purpose of financing such
14  acquisitions, construction, and operations. Such contracts may
15  provide for contributions to be made by each party thereto,
16  for the division and apportionment of the expenses of such
17  acquisitions and operations and for the division and
18  apportionment of the benefits, services, and products
19  therefrom. Such contract may contain such other and further
20  covenants and agreements as may be necessary and convenient to
21  accomplish the purposes hereof.
22         (3)  A regional water supply authority is authorized to
23  develop, construct, operate, maintain, or contract for
24  alternative sources of potable water, including desalinated
25  water, and pipelines to interconnect authority sources and
26  facilities, either by itself or jointly with a water
27  management district; however, such alternative potable water
28  sources, facilities, and pipelines may also be privately
29  developed, constructed, owned, operated, and maintained, in
30  which event an authority and a water management district are
31  authorized to pledge and contribute their funds to reduce the
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    16-1343-07                                              See HB
 1  wholesale cost of water from such alternative sources of
 2  potable water supplied by an authority to its member
 3  governments.
 4         (4)  When it is found to be in the public interest, for
 5  the public convenience and welfare, for a public benefit, and
 6  necessary for carrying out the purpose of any regional water
 7  supply authority, any state agency, county, water control
 8  district existing pursuant to chapter 298, water management
 9  district existing pursuant to this chapter, municipality,
10  governmental agency, or public corporation in this state
11  holding title to any interest in land is hereby authorized, in
12  its discretion, to convey the title to or dedicate land, title
13  to which is in such entity, including tax-reverted land, or to
14  grant use-rights therein, to any regional water supply
15  authority created pursuant to this section. Land granted or
16  conveyed to such authority shall be for the public purposes of
17  such authority and may be made subject to the condition that
18  in the event said land is not so used, or if used and
19  subsequently its use for said purpose is abandoned, the
20  interest granted shall cease as to such authority and shall
21  automatically revert to the granting entity.
22         (5)  Each county, special district or municipality that
23  is a party to an agreement pursuant to subsection (1) shall
24  have a preferential right to purchase water from the regional
25  water supply authority for use by such county, special
26  district or municipality.
27         (6)  In carrying out the provisions of this section,
28  any county wherein water is withdrawn by the authority shall
29  not be deprived, directly or indirectly, of the prior right to
30  the reasonable and beneficial use of water which is required
31  adequately to supply the reasonable and beneficial needs of
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1  the county or any of the inhabitants or property owners
 2  therein.
 3         (7)  Upon a resolution adopted by the governing body of
 4  any county or municipality, the authority may, subject to a
 5  majority vote of its voting members, include such county or
 6  municipality in its regional water supply authority upon such
 7  terms and conditions as may be prescribed.
 8         (8)  The authority shall design, construct, operate,
 9  and maintain facilities in the locations and at the times
10  necessary to ensure that an adequate water supply will be
11  available to all citizens within the authority.
12         (9)  Where a water supply authority exists pursuant to
13  this section or s. 373.719 under a voluntary interlocal
14  agreement that is consistent with requirements in s.
15  373.719(1)(b) and receives or maintains consumptive use
16  permits under this voluntary agreement consistent with the
17  water supply plan, if any, adopted by the governing board,
18  such authority shall be exempt from consideration by the
19  governing board or department of the factors specified in s.
20  373.223(3)(a)-(g) and the submissions required by s.
21  373.229(3). Such exemptions shall apply only to water sources
22  within the jurisdictional areas of such voluntary water supply
23  interlocal agreements.
24         373.719  Assistance to Tampa Bay Water.--
25         (1)  It is the intent of the Legislature to authorize
26  the implementation of changes in governance recommended by the
27  West Coast Regional Water Supply Authority, the predecessor to
28  Tampa Bay Water, in its reports to the Legislature dated
29  February 1, 1997, and January 5, 1998. The authority and its
30  member governments may reconstitute the authority's governance
31  and rename the authority under a voluntary interlocal
                                  43
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1  agreement with a term of not less than 20 years. The
 2  interlocal agreement must comply with this subsection as
 3  follows:
 4         (a)  The authority and its member governments agree
 5  that cooperative efforts are mandatory to meet their water
 6  needs in a manner that will provide adequate and dependable
 7  supplies of water where needed without resulting in adverse
 8  environmental effects upon the areas from which the water is
 9  withdrawn or otherwise produced.
10         (b)  In accordance with s. 4, Art. VIII of the State
11  Constitution and notwithstanding s. 163.01, the interlocal
12  agreement may include the following terms, which are
13  considered approved by the parties without a vote of their
14  electors, upon execution of the interlocal agreement by all
15  member governments and upon satisfaction of all conditions
16  precedent in the interlocal agreement:
17         1.  All member governments shall relinquish to the
18  authority their individual rights to develop potable water
19  supply sources, except as otherwise provided in the interlocal
20  agreement.
21         2.  The authority shall be the sole and exclusive
22  wholesale potable water supplier for all member governments.
23         3.  The authority shall have the absolute and
24  unequivocal obligation to meet the wholesale needs of the
25  member governments for potable water.
26         4.  A member government may not restrict or prohibit
27  the use of land within a member's jurisdictional boundaries by
28  the authority for water supply purposes through use of zoning,
29  land use, comprehensive planning, or other form of regulation.
30         5.  A member government may not impose any tax, fee, or
31  charge upon the authority in conjunction with the production
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 1  or supply of water not otherwise provided for in the
 2  interlocal agreement.
 3         6.  The authority may use the powers provided in part
 4  II of chapter 159 for financing and refinancing water
 5  treatment, production, or transmission facilities, including,
 6  but not limited to, desalination facilities. All such water
 7  treatment, production, or transmission facilities are
 8  considered a "manufacturing plant" for purposes of s.
 9  159.27(5) and serve a paramount public purpose by providing
10  water to citizens of the state.
11         7.  A member government and any governmental or
12  quasi-judicial board or commission established by local
13  ordinance or general or special law where the governing
14  membership of such board or commission is shared, in whole or
15  in part, or appointed by a member government agreeing to be
16  bound by the interlocal agreement shall be limited to the
17  procedures set forth therein regarding actions that directly
18  or indirectly restrict or prohibit the use of lands or other
19  activities related to the production or supply of water.
20         (c)  The authority shall acquire full or lesser
21  interests in all regionally significant member government
22  wholesale water supply facilities and tangible assets and each
23  member government shall convey such interests in the
24  facilities and assets to the authority, at an agreed value.
25         (d)  The authority shall charge a uniform per gallon
26  wholesale rate to member governments for the wholesale supply
27  of potable water. All capital, operation, maintenance, and
28  administrative costs for existing facilities and acquired
29  facilities, authority master water plan facilities, and other
30  future projects must be allocated to member governments based
31  on water usage at the uniform per gallon wholesale rate.
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 1         (e)  The interlocal agreement may include procedures
 2  for resolving the parties' differences regarding water
 3  management district proposed agency action in the water use
 4  permitting process within the authority. Such procedures
 5  should minimize the potential for litigation and include
 6  alternative dispute resolution. Any governmental or
 7  quasi-judicial board or commission established by local
 8  ordinance or general or special law where the governing
 9  members of such board or commission is shared, in whole or in
10  part, or appointed by a member government may agree to be
11  bound by the dispute resolution procedures set forth in the
12  interlocal agreement.
13         (f)  Upon execution of the voluntary interlocal
14  agreement provided for herein, the authority shall jointly
15  develop with the Southwest Florida Water Management District
16  alternative sources of potable water and transmission
17  pipelines to interconnect regionally significant water supply
18  sources and facilities of the authority in amounts sufficient
19  to meet the needs of all member governments for a period of at
20  least 20 years and for natural systems. Nothing herein,
21  however, shall preclude the authority and its member
22  governments from developing traditional water sources pursuant
23  to the voluntary interlocal agreement. Development and
24  construction costs for alternative source facilities, which
25  may include a desalination facility and significant regional
26  interconnects, must be borne as mutually agreed to by both the
27  authority and the Southwest Florida Water Management District.
28  Nothing herein shall preclude authority or district cost
29  sharing with private entities for the construction or
30  ownership of alternative source facilities. By December 31,
31  
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    Florida Senate - 2007                                  SB 2882
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 1  1997, the authority and the Southwest Florida Water Management
 2  District shall:
 3         1.  Enter into a mutually acceptable agreement
 4  detailing the development and implementation of directives
 5  contained in this paragraph; or
 6         2.  Jointly prepare and submit to the President of the
 7  Senate and the Speaker of the House of Representatives a
 8  report describing the progress made and impediments
 9  encountered in their attempts to implement the water resource
10  development and water supply development directives contained
11  in this paragraph. Nothing in this section shall be construed
12  to modify the rights or responsibilities of the authority or
13  its member governments, except as otherwise provided herein,
14  or of the Southwest Florida Water Management District or the
15  department pursuant to this chapter or chapter 403 and as
16  otherwise set forth by statutes.
17         (g)  Unless otherwise provided in the interlocal
18  agreement, the authority shall be governed by a board of
19  commissioners consisting of nine voting members, all of whom
20  must be elected officers, as follows:
21         1.  Three members from Hillsborough County who must be
22  selected by the county commission; provided, however, that one
23  member shall be selected by the Mayor of Tampa in the event
24  that the City of Tampa elects to be a member of the authority.
25         2.  Three members from Pasco County, two of whom must
26  be selected by the county commission and one of whom must be
27  selected by the City Council of New Port Richey.
28         3.  Three members from Pinellas County, two of whom
29  must be selected by the county commission and one of whom must
30  be selected by the City Council of St. Petersburg. Except as
31  otherwise provided in this section or in the voluntary
                                  47
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 1  interlocal agreement between the member governments, a
 2  majority vote shall bind the authority and its member
 3  governments in all matters relating to the funding of
 4  wholesale water supply, production, delivery, and related
 5  activities.
 6         (2)  The provisions of this section supersede any
 7  conflicting provisions contained in all other general or
 8  special laws or provisions thereof as they may apply directly
 9  or indirectly to the exclusivity of water supply or withdrawal
10  of water, including provisions relating to the environmental
11  effects, if any, in conjunction with the production and supply
12  of potable water, and the provisions of this section are
13  intended to be a complete revision of all laws related to a
14  regional water supply authority created under s. 373.717 and
15  this section.
16         (3)  The authority shall prepare its annual budget in
17  the same manner as prescribed for the preparation of basin
18  budgets, but such authority budget shall not be subject to
19  review by the respective basin boards or by the governing
20  board of the district.
21         (4)  The annual millage for the authority shall be the
22  amount required to raise the amount called for by the annual
23  budget when applied to the total assessment on all taxable
24  property within the limits of the authority, as determined for
25  county taxing purposes.
26         (5)  The authority may, by resolution, request the
27  governing board of the district to levy ad valorem taxes
28  within the boundaries of the authority. Upon receipt of such
29  request, together with formal certification of the adoption of
30  its annual budget and of the required tax levy, the authority
31  
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    Florida Senate - 2007                                  SB 2882
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 1  tax levy shall be made by the governing board of the district
 2  to finance authority functions.
 3         (6)  The taxes provided for in this section shall be
 4  extended by the property appraiser on the county tax roll in
 5  each county within, or partly within, the authority boundaries
 6  and shall be collected by the tax collector in the same manner
 7  and time as county taxes, and the proceeds therefrom paid to
 8  the district, which shall forthwith pay them over to the
 9  authority. Until paid, such taxes shall be a lien on the
10  property against which assessed and enforceable in like manner
11  as county taxes. The property appraisers, tax collectors, and
12  clerks of the circuit court of the respective counties shall
13  be entitled to compensation for services performed in
14  connection with such taxes at the same rates as apply to
15  county taxes.
16         (7)  The governing board of the district shall not be
17  responsible for any actions or lack of actions by the
18  authority.
19         Section 2.  Subsection (4) of section 11.80, Florida
20  Statutes, is amended to read:
21         11.80  Joint Legislative Committee on Everglades
22  Oversight.--
23         (4)  Annually, no later than March 1, as part of the
24  consolidated annual report required by s. 373.036(5)(7), the
25  South Florida Water Management District shall report to the
26  Joint Legislative Committee on Everglades Oversight on the
27  status of the implementation of the Everglades Forever Act.
28  Such report shall include, but is not limited to:
29         (a)  Progress on the Everglades Construction Project.
30         (b)  Changes to the Everglades Construction Project.
31         (c)  Actual revenues, compared to projected revenues.
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 1         (d)  Projected acquisition costs, construction costs,
 2  operation and maintenance costs, and projected revenues, over
 3  the succeeding 5 years.
 4         Section 3.  Subsection (12) of section 120.52, Florida
 5  Statutes, is amended to read:
 6         120.52  Definitions.--As used in this act:
 7         (12)  "Party" means:
 8         (a)  Specifically named persons whose substantial
 9  interests are being determined in the proceeding.
10         (b)  Any other person who, as a matter of
11  constitutional right, provision of statute, or provision of
12  agency regulation, is entitled to participate in whole or in
13  part in the proceeding, or whose substantial interests will be
14  affected by proposed agency action, and who makes an
15  appearance as a party.
16         (c)  Any other person, including an agency staff
17  member, allowed by the agency to intervene or participate in
18  the proceeding as a party. An agency may by rule authorize
19  limited forms of participation in agency proceedings for
20  persons who are not eligible to become parties.
21         (d)  Any county representative, agency, department, or
22  unit funded and authorized by state statute or county
23  ordinance to represent the interests of the consumers of a
24  county, when the proceeding involves the substantial interests
25  of a significant number of residents of the county and the
26  board of county commissioners has, by resolution, authorized
27  the representative, agency, department, or unit to represent
28  the class of interested persons. The authorizing resolution
29  shall apply to a specific proceeding and to appeals and
30  ancillary proceedings thereto, and it shall not be required to
31  
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 1  state the names of the persons whose interests are to be
 2  represented.
 3  
 4  The term "party" does not include a member government of a
 5  regional water supply authority or a governmental or
 6  quasi-judicial board or commission established by local
 7  ordinance or special or general law where the governing
 8  membership of such board or commission is shared with, in
 9  whole or in part, or appointed by a member government of a
10  regional water supply authority in proceedings under s.
11  120.569, s. 120.57, or s. 120.68, to the extent that an
12  interlocal agreement under ss. 163.01 and 373.717 373.1962
13  exists in which the member government has agreed that its
14  substantial interests are not affected by the proceedings or
15  that it is to be bound by alternative dispute resolution in
16  lieu of participating in the proceedings. This exclusion
17  applies only to those particular types of disputes or
18  controversies, if any, identified in an interlocal agreement.
19         Section 4.  Subsection (13) of section 163.3167,
20  Florida Statutes, is amended to read:
21         163.3167  Scope of act.--
22         (13)  Each local government shall address in its
23  comprehensive plan, as enumerated in this chapter, the water
24  supply sources necessary to meet and achieve the existing and
25  projected water use demand for the established planning
26  period, considering the applicable plan developed pursuant to
27  s. 373.713 373.0361.
28         Section 5.  Paragraph (a) of subsection (4) and
29  paragraphs (c), (d), and (h) of subsection (6) of section
30  163.3177, Florida Statutes, are amended to read:
31  
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    16-1343-07                                              See HB
 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. 373.713 373.0361; with adopted rules
 8  pertaining to designated areas of critical state concern; and
 9  with the state comprehensive plan shall be a major objective
10  of the local comprehensive planning process. To that end, in
11  the preparation of a comprehensive plan or element thereof,
12  and in the comprehensive plan or element as adopted, the
13  governing body shall include a specific policy statement
14  indicating the relationship of the proposed development of the
15  area to the comprehensive plans of adjacent municipalities,
16  the county, adjacent counties, or the region and to the state
17  comprehensive plan, as the case may require and as such
18  adopted plans or plans in preparation may exist.
19         (6)  In addition to the requirements of subsections
20  (1)-(5) and (12), the comprehensive plan shall include the
21  following 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
                                  52
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    16-1343-07                                              See HB
 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. 373.0397. 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. Within 18 months after the governing
10  board approves an updated regional water supply plan, the
11  element must incorporate the alternative water supply project
12  or projects selected by the local government from those
13  identified in the regional water supply plan pursuant to s.
14  373.713 373.0361(2)(a) or proposed by the local government
15  under s. 373.713 373.0361(7)(b). If a local government is
16  located within two water management districts, the local
17  government shall adopt its comprehensive plan amendment within
18  18 months after the later updated regional water supply plan.
19  The element must identify such alternative water supply
20  projects and traditional water supply projects and
21  conservation and reuse necessary to meet the water needs
22  identified in s. 373.713 373.0361(2)(a) within the local
23  government's jurisdiction and include a work plan, covering at
24  least a 10 year planning period, for building public, private,
25  and regional water supply facilities, including development of
26  alternative water supplies, which are identified in the
27  element as necessary to serve existing and new development.
28  The work plan shall be updated, at a minimum, every 5 years
29  within 18 months after the governing board of a water
30  management district approves an updated regional water supply
31  plan. Amendments to incorporate the work plan do not count
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 1  toward the limitation on the frequency of adoption of
 2  amendments to the comprehensive plan. Local governments,
 3  public and private utilities, regional water supply
 4  authorities, special districts, and water management districts
 5  are encouraged to cooperatively plan for the development of
 6  multijurisdictional water supply facilities that are
 7  sufficient to meet projected demands for established planning
 8  periods, including the development of alternative water
 9  sources to supplement traditional sources of groundwater and
10  surface water supplies.
11         (d)  A conservation element for the conservation, use,
12  and protection of natural resources in the area, including
13  air, water, water recharge areas, wetlands, waterwells,
14  estuarine marshes, soils, beaches, shores, flood plains,
15  rivers, bays, lakes, harbors, forests, fisheries and wildlife,
16  marine habitat, minerals, and other natural and environmental
17  resources. Local governments shall assess their current, as
18  well as projected, water needs and sources for at least a
19  10-year period, considering the appropriate regional water
20  supply plan approved pursuant to s. 373.713 373.0361, or, in
21  the absence of an approved regional water supply plan, the
22  district water supply management plan approved pursuant to s.
23  373.707 373.036(2). This information shall be submitted to the
24  appropriate agencies. The land use map or map series contained
25  in the future land use element shall generally identify and
26  depict the following:
27         1.  Existing and planned waterwells and cones of
28  influence where applicable.
29         2.  Beaches and shores, including estuarine systems.
30         3.  Rivers, bays, lakes, flood plains, and harbors.
31         4.  Wetlands.
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 1         5.  Minerals and soils.
 2  
 3  The land uses identified on such maps shall be consistent with
 4  applicable state law and rules.
 5         (h)1.  An intergovernmental coordination element
 6  showing relationships and stating principles and guidelines to
 7  be used in the accomplishment of coordination of the adopted
 8  comprehensive plan with the plans of school boards, regional
 9  water supply authorities, and other units of local government
10  providing services but not having regulatory authority over
11  the use of land, with the comprehensive plans of adjacent
12  municipalities, the county, adjacent counties, or the region,
13  with the state comprehensive plan and with the applicable
14  regional water supply plan approved pursuant to s. 373.713
15  373.0361, as the case may require and as such adopted plans or
16  plans in preparation may exist. This element of the local
17  comprehensive plan shall demonstrate consideration of the
18  particular effects of the local plan, when adopted, upon the
19  development of adjacent municipalities, the county, adjacent
20  counties, or the region, or upon the state comprehensive plan,
21  as the case may require.
22         a.  The intergovernmental coordination element shall
23  provide for procedures to identify and implement joint
24  planning areas, especially for the purpose of annexation,
25  municipal incorporation, and joint infrastructure service
26  areas.
27         b.  The intergovernmental coordination element shall
28  provide for recognition of campus master plans prepared
29  pursuant to s. 1013.30.
30         c.  The intergovernmental coordination element may
31  provide for a voluntary dispute resolution process as
                                  55
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 1  established pursuant to s. 186.509 for bringing to closure in
 2  a timely manner intergovernmental disputes. A local government
 3  may develop and use an alternative local dispute resolution
 4  process for this purpose.
 5         2.  The intergovernmental coordination element shall
 6  further state principles and guidelines to be used in the
 7  accomplishment of coordination of the adopted comprehensive
 8  plan with the plans of school boards and other units of local
 9  government providing facilities and services but not having
10  regulatory authority over the use of land. In addition, the
11  intergovernmental coordination element shall describe joint
12  processes for collaborative planning and decisionmaking on
13  population projections and public school siting, the location
14  and extension of public facilities subject to concurrency, and
15  siting facilities with countywide significance, including
16  locally unwanted land uses whose nature and identity are
17  established in an agreement. Within 1 year of adopting their
18  intergovernmental coordination elements, each county, all the
19  municipalities within that county, the district school board,
20  and any unit of local government service providers in that
21  county shall establish by interlocal or other formal agreement
22  executed by all affected entities, the joint processes
23  described in this subparagraph consistent with their adopted
24  intergovernmental coordination elements.
25         3.  To foster coordination between special districts
26  and local general-purpose governments as local general-purpose
27  governments implement local comprehensive plans, each
28  independent special district must submit a public facilities
29  report to the appropriate local government as required by s.
30  189.415.
31  
                                  56
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 1         4.a.  Local governments must execute an interlocal
 2  agreement with the district school board, the county, and
 3  nonexempt municipalities pursuant to s. 163.31777. The local
 4  government shall amend the intergovernmental coordination
 5  element to provide that coordination between the local
 6  government and school board is pursuant to the agreement and
 7  shall state the obligations of the local government under the
 8  agreement.
 9         b.  Plan amendments that comply with this subparagraph
10  are exempt from the provisions of s. 163.3187(1).
11         5.  The state land planning agency shall establish a
12  schedule for phased completion and transmittal of plan
13  amendments to implement subparagraphs 1., 2., and 3. from all
14  jurisdictions so as to accomplish their adoption by December
15  31, 1999. A local government may complete and transmit its
16  plan amendments to carry out these provisions prior to the
17  scheduled date established by the state land planning agency.
18  The plan amendments are exempt from the provisions of s.
19  163.3187(1).
20         6.  By January 1, 2004, any county having a population
21  greater than 100,000, and the municipalities and special
22  districts within that county, shall submit a report to the
23  Department of Community Affairs which:
24         a.  Identifies all existing or proposed interlocal
25  service-delivery agreements regarding the following:
26  education; sanitary sewer; public safety; solid waste;
27  drainage; potable water; parks and recreation; and
28  transportation facilities.
29         b.  Identifies any deficits or duplication in the
30  provision of services within its jurisdiction, whether capital
31  or operational. Upon request, the Department of Community
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 1  Affairs shall provide technical assistance to the local
 2  governments in identifying deficits or duplication.
 3         7.  Within 6 months after submission of the report, the
 4  Department of Community Affairs shall, through the appropriate
 5  regional planning council, coordinate a meeting of all local
 6  governments within the regional planning area to discuss the
 7  reports and potential strategies to remedy any identified
 8  deficiencies or duplications.
 9         8.  Each local government shall update its
10  intergovernmental coordination element based upon the findings
11  in the report submitted pursuant to subparagraph 6. The report
12  may be used as supporting data and analysis for the
13  intergovernmental coordination element.
14         Section 6.  Paragraph (l) of subsection (2) of section
15  163.3191, Florida Statutes, is amended to read:
16         163.3191  Evaluation and appraisal of comprehensive
17  plan.--
18         (2)  The report shall present an evaluation and
19  assessment of the comprehensive plan and shall contain
20  appropriate statements to update the comprehensive plan,
21  including, but not limited to, words, maps, illustrations, or
22  other media, related to:
23         (l)  The evaluation must consider the appropriate water
24  management district's regional water supply plan approved
25  pursuant to s. 373.713. The potable water element must be
26  revised to include a work plan, covering at least a 10-year
27  planning period, for building any water supply facilities that
28  are identified in the element as necessary to serve existing
29  and new development and for which the local government is
30  responsible The extent to which the local government has been
31  successful in identifying alternative water supply projects
                                  58
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    16-1343-07                                              See HB
 1  and traditional water supply projects, including conservation
 2  and reuse, necessary to meet the water needs identified in s.
 3  373.0361(2)(a) within the local government's jurisdiction. The
 4  report must evaluate the degree to which the local government
 5  has implemented the work plan for building public, private,
 6  and regional water supply facilities, including development of
 7  alternative water supplies, identified in the element as
 8  necessary to serve existing and new development.
 9         Section 7.  Paragraph (n) of subsection (2) of section
10  186.009, Florida Statutes, is amended to read:
11         186.009  Growth management portion of the state
12  comprehensive plan.--
13         (2)  The growth management portion of the state
14  comprehensive plan shall:
15         (n)  Set forth recommendations on how to integrate the
16  Florida water supply plan required by s. 373.707 373.036 and
17  transportation plans required by chapter 339.
18         Section 8.  Paragraphs (c) and (d) of subsection (4) of
19  section 189.404, Florida Statutes, are amended to read:
20         189.404  Legislative intent for the creation of
21  independent special districts; special act prohibitions; model
22  elements and other requirements; general-purpose local
23  government/Governor and Cabinet creation authorizations.--
24         (4)  LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION
25  AUTHORIZATIONS.--Except as otherwise authorized by general
26  law, only the Legislature may create independent special
27  districts.
28         (c)  The Governor and Cabinet may create an independent
29  special district which shall be established by rule in
30  accordance with s. 190.005 or as otherwise authorized in
31  general law. The Governor and Cabinet may also approve the
                                  59
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 1  establishment of a charter for the creation of an independent
 2  special district which shall be in accordance with s. 373.717
 3  373.1962, or as otherwise authorized in general law.
 4         (d)1.  Any combination of two or more counties may
 5  create a regional special district which shall be established
 6  in accordance with s. 950.001, or as otherwise authorized in
 7  general law.
 8         2.  Any combination of two or more counties or
 9  municipalities may create a regional special district which
10  shall be established in accordance with s. 373.717 373.1962,
11  or as otherwise authorized by general law.
12         3.  Any combination of two or more counties,
13  municipalities, or other political subdivisions may create a
14  regional special district in accordance with s. 163.567, or as
15  otherwise authorized in general law.
16         Section 9.  Subsection (3) of section 189.4155, Florida
17  Statutes, is amended to read:
18         189.4155  Activities of special districts; local
19  government comprehensive planning.--
20         (3)  The provisions of this section shall not apply to
21  water management districts created pursuant to s. 373.069, to
22  regional water supply authorities created pursuant to s.
23  373.717 373.1962, or to spoil disposal sites owned or used by
24  the Federal Government.
25         Section 10.  Section 189.4156, Florida Statutes, is
26  amended to read:
27         189.4156  Water management district technical
28  assistance; local government comprehensive planning.--Water
29  management districts shall assist local governments in the
30  development of local government comprehensive plan elements
31  
                                  60
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 1  related to water resource issues as required by s. 373.715
 2  373.0391.
 3         Section 11.  Subsection (7) of section 367.021, Florida
 4  Statutes, is amended to read:
 5         367.021  Definitions.--As used in this chapter, the
 6  following words or terms shall have the meanings indicated:
 7         (7)  "Governmental authority" means a political
 8  subdivision, as defined by s. 1.01(8), a regional water supply
 9  authority created pursuant to s. 373.717 373.1962, or a
10  nonprofit corporation formed for the purpose of acting on
11  behalf of a political subdivision with respect to a water or
12  wastewater facility.
13         Section 12.  Subsection (4) of section 373.016, Florida
14  Statutes, is amended, and subsections (5) and (6) of that
15  section are renumbered as subsections (4) and (5),
16  respectively, to read:
17         373.016  Declaration of policy.--
18         (4)(a) Because water constitutes a public resource
19  benefiting the entire state, it is the policy of the
20  Legislature that the waters in the state be managed on a state
21  and regional basis. Consistent with this directive, the
22  Legislature recognizes the need to allocate water throughout
23  the state so as to meet all reasonable-beneficial uses.
24  However, the Legislature acknowledges that such allocations
25  have in the past adversely affected the water resources of
26  certain areas in this state. To protect such water resources
27  and to meet the current and future needs of those areas with
28  abundant water, the Legislature directs the department and the
29  water management districts to encourage the use of water from
30  sources nearest the area of use or application whenever
31  practicable. Such sources shall include all naturally
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 1  occurring water sources and all alternative water sources,
 2  including, but not limited to, desalination, conservation,
 3  reuse of nonpotable reclaimed water and stormwater, and
 4  aquifer storage and recovery. Reuse of potable reclaimed water
 5  and stormwater shall not be subject to the evaluation
 6  described in s. 373.223(3)(a)-(g). However, this directive to
 7  encourage the use of water, whenever practicable, from sources
 8  nearest the area of use or application shall not apply to the
 9  transport and direct and indirect use of water within the area
10  encompassed by the Central and Southern Florida Flood Control
11  Project, nor shall it apply anywhere in the state to the
12  transport and use of water supplied exclusively for bottled
13  water as defined in s. 500.03(1)(d), nor shall it apply to the
14  transport and use of reclaimed water for electrical power
15  production by an electric utility as defined in section
16  366.02(2).
17         (b) In establishing the policy outlined in paragraph
18  (a), the Legislature realizes that under certain circumstances
19  the need to transport water from distant sources may be
20  necessary for environmental, technical, or economic reasons.
21         (4)(5)  The Legislature recognizes that the water
22  resource problems of the state vary from region to region,
23  both in magnitude and complexity. It is therefore the intent
24  of the Legislature to vest in the Department of Environmental
25  Protection or its successor agency the power and
26  responsibility to accomplish the conservation, protection,
27  management, and control of the waters of the state and with
28  sufficient flexibility and discretion to accomplish these ends
29  through delegation of appropriate powers to the various water
30  management districts. The department may exercise any power
31  herein authorized to be exercised by a water management
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 1  district; however, to the greatest extent practicable, such
 2  power should be delegated to the governing board of a water
 3  management district.
 4         (5)(6)  It is further declared the policy of the
 5  Legislature that each water management district, to the extent
 6  consistent with effective management practices, shall
 7  approximate its fiscal and budget policies and procedures to
 8  those of the state.
 9         Section 13.  Section 373.019, Florida Statutes, is
10  amended to read:
11         373.019  Definitions.--When appearing in this chapter
12  or in any rule, regulation, or order adopted pursuant thereto,
13  the term:
14         (1)  "Alternative water supplies" means salt water;
15  brackish surface and groundwater; surface water captured
16  predominately during wet-weather flows; sources made available
17  through the addition of new storage capacity for surface or
18  groundwater, water that has been reclaimed after one or more
19  public supply, municipal, industrial, commercial, or
20  agricultural uses; the downstream augmentation of water bodies
21  with reclaimed water; stormwater; and any other water supply
22  source that is designated as nontraditional for a water supply
23  planning region in the applicable regional water supply plan.
24         (2)  "Capital costs" means planning, design,
25  engineering, and project construction costs.
26         (3)  "Coastal waters" means waters of the Atlantic
27  Ocean or the Gulf of Mexico within the jurisdiction of the
28  state.
29         (4)  "Department" means the Department of Environmental
30  Protection or its successor agency or agencies.
31  
                                  63
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 1         (5)  "District water management plan" means the
 2  regional water resource plan developed by a governing board
 3  under s. 373.036.
 4         (6)  "Domestic use" means the use of water for the
 5  individual personal household purposes of drinking, bathing,
 6  cooking, or sanitation. All other uses shall not be considered
 7  domestic.
 8         (7)  "Florida water plan" means the state-level water
 9  resource plan developed by the department under s. 373.036.
10         (8)  "Governing board" means the governing board of a
11  water management district.
12         (9)  "Groundwater" means water beneath the surface of
13  the ground, whether or not flowing through known and definite
14  channels.
15         (10)  "Impoundment" means any lake, reservoir, pond, or
16  other containment of surface water occupying a bed or
17  depression in the earth's surface and having a discernible
18  shoreline.
19         (11)  "Independent scientific peer review" means the
20  review of scientific data, theories, and methodologies by a
21  panel of independent, recognized experts in the fields of
22  hydrology, hydrogeology, limnology, and other scientific
23  disciplines relevant to the matters being reviewed under s.
24  373.042.
25         (12)  "Multijurisdictional water supply entity" means
26  two or more water utilities or local governments that have
27  organized into a larger entity, or entered into an interlocal
28  agreement or contract, for the purpose of more efficiently
29  pursuing water supply development or alternative water supply
30  development projects listed pursuant to a regional water
31  supply plan.
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 1         (13)  "Nonregulated use" means any use of water which
 2  is exempted from regulation by the provisions of this chapter.
 3         (14)  "Other watercourse" means any canal, ditch, or
 4  other artificial watercourse in which water usually flows in a
 5  defined bed or channel. It is not essential that the flowing
 6  be uniform or uninterrupted.
 7         (15)  "Person" means any and all persons, natural or
 8  artificial, including any individual, firm, association,
 9  organization, partnership, business trust, corporation,
10  company, the United States of America, and the state and all
11  political subdivisions, regions, districts, municipalities,
12  and public agencies thereof. The enumeration herein is not
13  intended to be exclusive or exhaustive.
14         (16)  "Reasonable-beneficial use" means the use of
15  water in such quantity as is necessary for economic and
16  efficient utilization for a purpose and in a manner which is
17  both reasonable and consistent with the public interest.
18         (17)  "Regional water supply plan" means a detailed
19  water supply plan developed by a governing board under s.
20  373.0361.
21         (17)(18)  "Stream" means any river, creek, slough, or
22  natural watercourse in which water usually flows in a defined
23  bed or channel. It is not essential that the flowing be
24  uniform or uninterrupted. The fact that some part of the bed
25  or channel has been dredged or improved does not prevent the
26  watercourse from being a stream.
27         (18)(19)  "Surface water" means water upon the surface
28  of the earth, whether contained in bounds created naturally or
29  artificially or diffused. Water from natural springs shall be
30  classified as surface water when it exits from the spring onto
31  the earth's surface.
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 1         (19)(20)  "Water" or "waters in the state" means any
 2  and all water on or beneath the surface of the ground or in
 3  the atmosphere, including natural or artificial watercourses,
 4  lakes, ponds, or diffused surface water and water percolating,
 5  standing, or flowing beneath the surface of the ground, as
 6  well as all coastal waters within the jurisdiction of the
 7  state.
 8         (20)(21)  "Water management district" means any flood
 9  control, resource management, or water management district
10  operating under the authority of this chapter.
11         (22)  "Water resource development" means the
12  formulation and implementation of regional water resource
13  management strategies, including the collection and evaluation
14  of surface water and groundwater data; structural and
15  nonstructural programs to protect and manage water resources;
16  the development of regional water resource implementation
17  programs; the construction, operation, and maintenance of
18  major public works facilities to provide for flood control,
19  surface and underground water storage, and groundwater
20  recharge augmentation; and related technical assistance to
21  local governments and to government-owned and privately owned
22  water utilities.
23         (21)(23)  "Water resource implementation rule" means
24  the rule authorized by s. 373.036, which sets forth goals,
25  objectives, and guidance for the development and review of
26  programs, rules, and plans relating to water resources, based
27  on statutory policies and directives. The waters of the state
28  are among its most basic resources. Such waters should be
29  managed to conserve and protect water resources and to realize
30  the full beneficial use of these resources.
31  
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 1         (24)  "Water supply development" means the planning,
 2  design, construction, operation, and maintenance of public or
 3  private facilities for water collection, production,
 4  treatment, transmission, or distribution for sale, resale, or
 5  end use.
 6         (22)(25)  For the sole purpose of serving as the basis
 7  for the unified statewide methodology adopted pursuant to s.
 8  373.421(1), as amended, "wetlands" means those areas that are
 9  inundated or saturated by surface water or groundwater at a
10  frequency and a duration sufficient to support, and under
11  normal circumstances do support, a prevalence of vegetation
12  typically adapted for life in saturated soils. Soils present
13  in wetlands generally are classified as hydric or alluvial, or
14  possess characteristics that are associated with reducing soil
15  conditions. The prevalent vegetation in wetlands generally
16  consists of facultative or obligate hydrophytic macrophytes
17  that are typically adapted to areas having soil conditions
18  described above. These species, due to morphological,
19  physiological, or reproductive adaptations, have the ability
20  to grow, reproduce, or persist in aquatic environments or
21  anaerobic soil conditions. Florida wetlands generally include
22  swamps, marshes, bayheads, bogs, cypress domes and strands,
23  sloughs, wet prairies, riverine swamps and marshes, hydric
24  seepage slopes, tidal marshes, mangrove swamps and other
25  similar areas. Florida wetlands generally do not include
26  longleaf or slash pine flatwoods with an understory dominated
27  by saw palmetto. Upon legislative ratification of the
28  methodology adopted pursuant to s. 373.421(1), as amended, the
29  limitation contained herein regarding the purpose of this
30  definition shall cease to be effective.
31  
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 1         (23)(26)  "Works of the district" means those projects
 2  and works, including, but not limited to, structures,
 3  impoundments, wells, streams, and other watercourses, together
 4  with the appurtenant facilities and accompanying lands, which
 5  have been officially adopted by the governing board of the
 6  district as works of the district.
 7         Section 14.  Section 373.036, Florida Statutes, is
 8  amended to read:
 9         373.036  Florida water plan; district water management
10  plans.--
11         (1)  FLORIDA WATER PLAN.--In cooperation with the water
12  management districts, regional water supply authorities, and
13  others, the department shall develop the Florida water plan.
14  The Florida water plan shall include, but not be limited to:
15         (a)  The programs and activities of the department
16  related to water supply, water quality, flood protection and
17  floodplain management, and natural systems.
18         (b)  The Florida water supply plan.
19         (c)(b)  The water quality standards of the department.
20         (d)(c)  The district water management plans.
21         (e)(d)  Goals, objectives, and guidance for the
22  development and review of programs, rules, and plans relating
23  to water resources, based on statutory policies and
24  directives. The state water policy rule, renamed the water
25  resource implementation rule pursuant to s. 373.019(21)(23),
26  shall serve as this part of the plan. Amendments or additions
27  to this part of the Florida water plan shall be adopted by the
28  department as part of the water resource implementation rule.
29  In accordance with s. 373.114, the department shall review
30  rules of the water management districts for consistency with
31  this rule. Amendments to the water resource implementation
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 1  rule must be adopted by the secretary of the department and be
 2  submitted to the President of the Senate and the Speaker of
 3  the House of Representatives within 7 days after publication
 4  in the Florida Administrative Weekly. Amendments shall not
 5  become effective until the conclusion of the next regular
 6  session of the Legislature following their adoption.
 7         (2)  DISTRICT WATER MANAGEMENT PLANS.--
 8         (a)  Each governing board shall develop a district
 9  water management plan for water resources within its region,
10  which plan addresses water supply, water quality, flood
11  protection and floodplain management, and natural systems. The
12  district water management plan shall be based on at least a
13  20-year planning period, shall be developed and revised in
14  cooperation with other agencies, regional water supply
15  authorities, units of government, and interested parties, and
16  shall be updated at least once every 5 years. The governing
17  board shall hold a public hearing at least 30 days in advance
18  of completing the development or revision of the district
19  water management plan.
20         (b)  The district water management plan shall include,
21  but not be limited to:
22         1.  The district water supply plan.
23         2.1.  The scientific methodologies for establishing
24  minimum flows and levels under s. 373.042, and all established
25  minimum flows and levels.
26         2.  Identification of one or more water supply planning
27  regions that singly or together encompass the entire district.
28         3.  Technical data and information prepared under s.
29  373.0391.
30  
31  
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 1         4.  A districtwide water supply assessment, to be
 2  completed no later than July 1, 1998, which determines for
 3  each water supply planning region:
 4         a.  Existing legal uses, reasonably anticipated future
 5  needs, and existing and reasonably anticipated sources of
 6  water and conservation efforts; and
 7         b.  Whether existing and reasonably anticipated sources
 8  of water and conservation efforts are adequate to supply water
 9  for all existing legal uses and reasonably anticipated future
10  needs and to sustain the water resources and related natural
11  systems.
12         5.  Any completed regional water supply plans.
13         (c)  If necessary for implementation, the governing
14  board shall adopt by rule or order relevant portions of the
15  district water management plan, to the extent of its statutory
16  authority.
17         (d)  In the formulation of the district water
18  management plan, the governing board shall give due
19  consideration to:
20         1.  The attainment of maximum reasonable-beneficial use
21  of water resources.
22         2.  The maximum economic development of the water
23  resources consistent with other uses.
24         1.3.  The management of water resources for such
25  purposes as environmental protection, drainage, flood control,
26  and water storage.
27         4.  The quantity of water available for application to
28  a reasonable-beneficial use.
29         5.  The prevention of wasteful, uneconomical,
30  impractical, or unreasonable uses of water resources.
31         6.  Presently exercised domestic use and permit rights.
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 1         2.7.  The preservation and enhancement of the water
 2  quality of the state.
 3         3.8.  The state water resources policy as expressed by
 4  this chapter.
 5         (e)  At its option, a governing board may substitute an
 6  annual strategic plan for the requirement to develop a
 7  district water management plan and the district water
 8  management plan annual report required by subparagraph
 9  (7)(b)1., provided that nothing herein affects any other
10  provision or requirement of law concerning the completion of
11  the regional water supply plan and the strategic plan meets
12  the following minimum requirements:
13         1.  The strategic plan establishes the water management
14  district's strategic priorities for at least a future 5-year
15  period.
16         2.  The strategic plan identifies the goals,
17  strategies, success indicators, funding sources, deliverables,
18  and milestones to accomplish the strategic priorities.
19         3.  The strategic plan development process includes at
20  least one publicly noticed meeting to allow public
21  participation in its development.
22         4.  The strategic plan includes separately, as an
23  addendum, an annual work plan report on the implementation of
24  the strategic plan for the previous fiscal year, addressing
25  success indicators, deliverables, and milestones.
26         (3)  The department and governing board shall give
27  careful consideration to the requirements of public recreation
28  and to the protection and procreation of fish and wildlife.
29  The department or governing board may prohibit or restrict
30  other future uses on certain designated bodies of water which
31  may be inconsistent with these objectives.
                                  71
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 1         (4)  The governing board may designate certain uses in
 2  connection with a particular source of supply which, because
 3  of the nature of the activity or the amount of water required,
 4  would constitute an undesirable use for which the governing
 5  board may deny a permit.
 6         (5)  The governing board may designate certain uses in
 7  connection with a particular source of supply which, because
 8  of the nature of the activity or the amount of water required,
 9  would result in an enhancement or improvement of the water
10  resources of the area. Such uses shall be preferred over other
11  uses in the event of competing applications under the
12  permitting systems authorized by this chapter.
13         (4)(6)  The department, in cooperation with the
14  Executive Office of the Governor, or its successor agency, may
15  add to the Florida water plan any other information,
16  directions, or objectives it deems necessary or desirable for
17  the guidance of the governing boards or other agencies in the
18  administration and enforcement of this chapter.
19         (5)(7)  CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL
20  REPORT.--
21         (a)  By March 1, 2006, and annually thereafter, each
22  water management district shall prepare and submit to the
23  department, the Governor, the President of the Senate, and the
24  Speaker of the House of Representatives a consolidated water
25  management district annual report on the management of water
26  resources. In addition, copies must be provided by the water
27  management districts to the chairs of all legislative
28  committees having substantive or fiscal jurisdiction over the
29  districts and the governing board of each county in the
30  district having jurisdiction or deriving any funds for
31  operations of the district. Copies of the consolidated annual
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 1  report must be made available to the public, either in printed
 2  or electronic format.
 3         (b)  The consolidated annual report shall contain the
 4  following elements, as appropriate to that water management
 5  district:
 6         1.  A district water management plan annual report or
 7  the annual work plan report allowed in subparagraph (2)(e)4.
 8         2.  The department-approved minimum flows and levels
 9  annual priority list and schedule required by s. 373.042(2).
10         3.  The annual 5-year capital improvements plan
11  required by s. 373.536(6)(a)3.
12         4.  The alternative water supplies annual report
13  required by s. 373.705 373.1961(3)(n).
14         5.  The final annual 5-year water resource development
15  work program required by s. 373.536(6)(a)4.
16         6.  The Florida Forever Water Management District Work
17  Plan annual report required by s. 373.199(7).
18         7.  The mitigation donation annual report required by
19  s. 373.414(1)(b)2.
20         (c)  Each of the elements listed in paragraph (b) is to
21  be addressed in a separate chapter or section within the
22  consolidated annual report, although information common to
23  more than one of these elements may be consolidated as deemed
24  appropriate by the individual water management district.
25         (d)  Each water management district may include in the
26  consolidated annual report such additional information on the
27  status or management of water resources within the district as
28  it deems appropriate.
29         (e)  In addition to the elements specified in paragraph
30  (b), the South Florida Water Management District shall include
31  in the consolidated annual report the following elements:
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 1         1.  The Lake Okeechobee Protection Program annual
 2  progress report required by s. 373.4595(3)(h)(g).
 3         2.  The Everglades annual progress reports specified in
 4  s. 373.4592(4)(d)5., (13), and (14).
 5         3.  The Everglades restoration annual report required
 6  by s. 373.470(7).
 7         4.  The Everglades Forever Act annual implementation
 8  report required by s. 11.80(4).
 9         5.  The Everglades Trust Fund annual expenditure report
10  required by s. 373.45926(3).
11         Section 15.  Subsection (2) of section 373.042, Florida
12  Statutes, is amended, and subsection (6) is added to that
13  section, to read:
14         373.042  Minimum flows and levels.--
15         (2)  By November 15, 1997, and annually thereafter,
16  each water management district shall submit to the department
17  for review and approval a priority list and schedule for the
18  establishment of minimum flows and levels for surface
19  watercourses, aquifers, and surface waters within the
20  district. The priority list shall also identify those water
21  bodies for which the district will voluntarily undertake
22  independent scientific peer review. By March 1, 2006, and
23  annually thereafter, each water management district shall
24  include its approved priority list and schedule in the
25  consolidated annual report required by s. 373.036(5)(7). The
26  priority list shall be based upon the importance of the waters
27  to the state or region and the existence of or potential for
28  significant harm to the water resources or ecology of the
29  state or region, and shall include those waters which are
30  experiencing or may reasonably be expected to experience
31  adverse impacts. Each water management district's priority
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 1  list and schedule shall include all first magnitude springs,
 2  and all second magnitude springs within state or federally
 3  owned lands purchased for conservation purposes. The specific
 4  schedule for establishment of spring minimum flows and levels
 5  shall be commensurate with the existing or potential threat to
 6  spring flow from consumptive uses. Springs within the Suwannee
 7  River Water Management District, or second magnitude springs
 8  in other areas of the state, need not be included on the
 9  priority list if the water management district submits a
10  report to the Department of Environmental Protection
11  demonstrating that adverse impacts are not now occurring nor
12  are reasonably expected to occur from consumptive uses during
13  the next 20 years. The priority list and schedule shall not be
14  subject to any proceeding pursuant to chapter 120. Except as
15  provided in subsection (3), the development of a priority list
16  and compliance with the schedule for the establishment of
17  minimum flows and levels pursuant to this subsection shall
18  satisfy the requirements of subsection (1).
19         (6)  Notwithstanding the other provisions of this
20  section, where a local water utility, water supply authority,
21  or other water supply entity seeks to develop an alternative
22  water supply project option identified in s. 373.713(2)(a)2.,
23  the minimum flow and level for the proposed source of water
24  supply shall be added to the priority list developed by the
25  district and approved by the department pursuant to subsection
26  (2), with an assigned schedule for the completion as
27  determined by the district.
28         Section 16.  Subsection (2) of section 373.0421,
29  Florida Statutes, is amended to read:
30         373.0421  Establishment and implementation of minimum
31  flows and levels.--
                                  75
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 1         (2)  If the existing flow or level in a water body is
 2  below, or is projected to fall within 20 years below, the
 3  applicable minimum flow or level established pursuant to s.
 4  373.042, the department or governing board, as part of the
 5  regional water supply plan described in s. 373.713 373.0361,
 6  shall expeditiously implement a recovery or prevention
 7  strategy, which includes the development of additional water
 8  supplies and other actions, consistent with the authority
 9  granted by this chapter, to:
10         (a)  Achieve recovery to the established minimum flow
11  or level as soon as practicable; or
12         (b)  Prevent the existing flow or level from falling
13  below the established minimum flow or level.
14         Section 17.  Subsection (4) of section 373.0695,
15  Florida Statutes, is amended to read:
16         373.0695  Duties of basin boards; authorized
17  expenditures.--
18         (4)  In the exercise of the duties and powers granted
19  herein, the basin boards shall be subject to all the
20  limitations and restrictions imposed on the water management
21  districts in s. 373.705 373.1961.
22         Section 18.  Subsection (7) of section 373.199, Florida
23  Statutes, is amended to read:
24         373.199  Florida Forever Water Management District Work
25  Plan.--
26         (7)  By June 1, 2001, each district shall file with the
27  President of the Senate, the Speaker of the House of
28  Representatives, and the Secretary of Environmental Protection
29  the initial 5-year work plan as required under subsection (2).
30  By March 1 of each year thereafter, as part of the
31  consolidated annual report required by s. 373.036(5)(7), each
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 1  district shall report on acquisitions completed during the
 2  year together with modifications or additions to its 5-year
 3  work plan. Included in the report shall be:
 4         (a)  A description of land management activity for each
 5  property or project area owned by the water management
 6  district.
 7         (b)  A list of any lands surplused and the amount of
 8  compensation received.
 9         (c)  The progress of funding, staffing, and resource
10  management of every project funded pursuant to s. 259.101, s.
11  259.105, or s. 373.59 for which the district is responsible.
12  
13  The secretary shall submit the report referenced in this
14  subsection to the Board of Trustees of the Internal
15  Improvement Trust Fund together with the Acquisition and
16  Restoration Council's project list as required under s.
17  259.105.
18         Section 19.  Subsections (3) and (5) of section
19  373.223, Florida Statutes, are amended to read:
20         373.223  Conditions for a permit.--
21         (3)  Except for the transport and use of water supplied
22  by the Central and Southern Florida Flood Control Project, and
23  anywhere in the state when the transport and use of water is
24  supplied exclusively for bottled water as defined in s.
25  500.03(1)(d), any water use permit applications pending as of
26  April 1, 1998, with the Northwest Florida Water Management
27  District and self-suppliers of water for which the proposed
28  water source and area of use or application are located on
29  contiguous private properties, when evaluating whether a
30  potential transport and use of ground or surface water across
31  county boundaries is consistent with the public interest,
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 1  pursuant to paragraph (1)(c), the governing board or
 2  department shall consider:
 3         (a)  The proximity of the proposed water source to the
 4  area of use or application.
 5         (b)  All impoundments, streams, groundwater sources, or
 6  watercourses that are geographically closer to the area of use
 7  or application than the proposed source, and that are
 8  technically and economically feasible for the proposed
 9  transport and use.
10         (c)  All economically and technically feasible
11  alternatives to the proposed source, including, but not
12  limited to, desalination, conservation, reuse of nonpotable
13  reclaimed water and stormwater, and aquifer storage and
14  recovery.
15         (d)  The potential environmental impacts that may
16  result from the transport and use of water from the proposed
17  source, and the potential environmental impacts that may
18  result from use of the other water sources identified in
19  paragraphs (b) and (c).
20         (e)  Whether existing and reasonably anticipated
21  sources of water and conservation efforts are adequate to
22  supply water for existing legal uses and reasonably
23  anticipated future needs of the water supply planning region
24  in which the proposed water source is located.
25         (f)  Consultations with local governments affected by
26  the proposed transport and use.
27         (g)  The value of the existing capital investment in
28  water-related infrastructure made by the applicant.
29  
30  Where districtwide water supply assessments and regional water
31  supply plans have been prepared pursuant to ss. 373.707
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 1  373.036 and 373.713 373.0361, the governing board or the
 2  department shall use the applicable plans and assessments as
 3  the basis for its consideration of the applicable factors in
 4  this subsection.
 5         (5)  In evaluating an application for consumptive use
 6  of water which proposes the use of an alternative water supply
 7  project as described in the regional water supply plan and
 8  provides reasonable assurances of the applicant's capability
 9  to design, construct, operate, and maintain the project, the
10  governing board or department shall presume that the
11  alternative water supply use is consistent with the public
12  interest under paragraph (1)(c). However, where the governing
13  board identifies the need for a multijurisdictional water
14  supply entity or regional water supply authority to develop
15  the alternative water supply project pursuant to s.
16  373.713(2)(a)2. 373.0361(2)(a)2., the presumption shall be
17  accorded only to that use proposed by such entity or
18  authority. This subsection does not effect evaluation of the
19  use pursuant to the provisions of paragraphs (1)(a) and (b),
20  subsections (2) and (3), and ss. 373.2295 and 373.233.
21         Section 20.  Section 373.2234, Florida Statutes, is
22  amended to read:
23         373.2234  Preferred water supply sources.--The
24  governing board of a water management district is authorized
25  to adopt rules that identify preferred water supply sources
26  for consumptive uses for which there is sufficient data to
27  establish that a preferred source will provide a substantial
28  new water supply to meet the existing and projected
29  reasonable-beneficial uses of a water supply planning region
30  identified pursuant to s. 373.713(1) 373.0361(1), while
31  sustaining existing water resources and natural systems. At a
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 1  minimum, such rules must contain a description of the
 2  preferred water supply source and an assessment of the water
 3  the preferred source is projected to produce. If an applicant
 4  proposes to use a preferred water supply source, that
 5  applicant's proposed water use is subject to s. 373.223(1),
 6  except that the proposed use of a preferred water supply
 7  source must be considered by a water management district when
 8  determining whether a permit applicant's proposed use of water
 9  is consistent with the public interest pursuant to s.
10  373.223(1)(c). A consumptive use permit issued for the use of
11  a preferred water supply source must be granted, when
12  requested by the applicant, for at least a 20-year period and
13  may be subject to the compliance reporting provisions of s.
14  373.236(4). Nothing in this section shall be construed to
15  exempt the use of preferred water supply sources from the
16  provisions of ss. 373.701(3) 373.016(4) and 373.223(2) and
17  (3), or be construed to provide that permits issued for the
18  use of a nonpreferred water supply source must be issued for a
19  duration of less than 20 years or that the use of a
20  nonpreferred water supply source is not consistent with the
21  public interest. Additionally, nothing in this section shall
22  be interpreted to require the use of a preferred water supply
23  source or to restrict or prohibit the use of a nonpreferred
24  water supply source. Rules adopted by the governing board of a
25  water management district to implement this section shall
26  specify that the use of a preferred water supply source is not
27  required and that the use of a nonpreferred water supply
28  source is not restricted or prohibited.
29         Section 21.  Subsection (3) of section 373.229, Florida
30  Statutes, is amended to read:
31         373.229  Application for permit.--
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 1         (3)  In addition to the information required in
 2  subsection (1), all permit applications filed with the
 3  governing board or the department which propose the transport
 4  and use of water across county boundaries shall include
 5  information pertaining to factors to be considered, pursuant
 6  to s. 373.223(3), unless exempt under s. 373.717 373.1962(9).
 7         Section 22.  Subsection (1) of section 373.421, Florida
 8  Statutes, is amended to read:
 9         373.421  Delineation methods; formal determinations.--
10         (1)  The Environmental Regulation Commission shall
11  adopt a unified statewide methodology for the delineation of
12  the extent of wetlands as defined in s. 373.019(22)(25). This
13  methodology shall consider regional differences in the types
14  of soils and vegetation that may serve as indicators of the
15  extent of wetlands. This methodology shall also include
16  provisions for determining the extent of surface waters other
17  than wetlands for the purposes of regulation under s. 373.414.
18  This methodology shall not become effective until ratified by
19  the Legislature. Subsequent to legislative ratification, the
20  wetland definition in s. 373.019(22)(25) and the adopted
21  wetland methodology shall be binding on the department, the
22  water management districts, local governments, and any other
23  governmental entities. Upon ratification of such wetland
24  methodology, the Legislature preempts the authority of any
25  water management district, state or regional agency, or local
26  government to define wetlands or develop a delineation
27  methodology to implement the definition and determines that
28  the exclusive definition and delineation methodology for
29  wetlands shall be that established pursuant to s.
30  373.019(22)(25) and this section. Upon such legislative
31  ratification, any existing wetlands definition or wetland
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 1  delineation methodology shall be superseded by the wetland
 2  definition and delineation methodology established pursuant to
 3  this chapter. Subsequent to legislative ratification, a
 4  delineation of the extent of a surface water or wetland by the
 5  department or a water management district, pursuant to a
 6  formal determination under subsection (2), or pursuant to a
 7  permit issued under this part in which the delineation was
 8  field-verified by the permitting agency and specifically
 9  approved in the permit, shall be binding on all other
10  governmental entities for the duration of the formal
11  determination or permit. All existing rules and methodologies
12  of the department, the water management districts, and local
13  governments, regarding surface water or wetland definition and
14  delineation shall remain in full force and effect until the
15  common methodology rule becomes effective. However, this shall
16  not be construed to limit any power of the department, the
17  water management districts, and local governments to amend or
18  adopt a surface water or wetland definition or delineation
19  methodology until the common methodology rule becomes
20  effective.
21         Section 23.  Paragraph (b) of subsection (1) of section
22  373.414, Florida Statutes, is amended to read:
23         373.414  Additional criteria for activities in surface
24  waters and wetlands.--
25         (1)  As part of an applicant's demonstration that an
26  activity regulated under this part will not be harmful to the
27  water resources or will not be inconsistent with the overall
28  objectives of the district, the governing board or the
29  department shall require the applicant to provide reasonable
30  assurance that state water quality standards applicable to
31  waters as defined in s. 403.031(13) will not be violated and
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 1  reasonable assurance that such activity in, on, or over
 2  surface waters or wetlands, as delineated in s. 373.421(1), is
 3  not contrary to the public interest. However, if such an
 4  activity significantly degrades or is within an Outstanding
 5  Florida Water, as provided by department rule, the applicant
 6  must provide reasonable assurance that the proposed activity
 7  will be clearly in the public interest.
 8         (b)  If the applicant is unable to otherwise meet the
 9  criteria set forth in this subsection, the governing board or
10  the department, in deciding to grant or deny a permit, shall
11  consider measures proposed by or acceptable to the applicant
12  to mitigate adverse effects that may be caused by the
13  regulated activity. Such measures may include, but are not
14  limited to, onsite mitigation, offsite mitigation, offsite
15  regional mitigation, and the purchase of mitigation credits
16  from mitigation banks permitted under s. 373.4136. It shall be
17  the responsibility of the applicant to choose the form of
18  mitigation. The mitigation must offset the adverse effects
19  caused by the regulated activity.
20         1.  The department or water management districts may
21  accept the donation of money as mitigation only where the
22  donation is specified for use in a duly noticed environmental
23  creation, preservation, enhancement, or restoration project,
24  endorsed by the department or the governing board of the water
25  management district, which offsets the impacts of the activity
26  permitted under this part. However, the provisions of this
27  subsection shall not apply to projects undertaken pursuant to
28  s. 373.4137 or chapter 378. Where a permit is required under
29  this part to implement any project endorsed by the department
30  or a water management district, all necessary permits must
31  have been issued prior to the acceptance of any cash donation.
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 1  After the effective date of this act, when money is donated to
 2  either the department or a water management district to offset
 3  impacts authorized by a permit under this part, the department
 4  or the water management district shall accept only a donation
 5  that represents the full cost to the department or water
 6  management district of undertaking the project that is
 7  intended to mitigate the adverse impacts. The full cost shall
 8  include all direct and indirect costs, as applicable, such as
 9  those for land acquisition, land restoration or enhancement,
10  perpetual land management, and general overhead consisting of
11  costs such as staff time, building, and vehicles. The
12  department or the water management district may use a
13  multiplier or percentage to add to other direct or indirect
14  costs to estimate general overhead. Mitigation credit for such
15  a donation shall be given only to the extent that the donation
16  covers the full cost to the agency of undertaking the project
17  that is intended to mitigate the adverse impacts. However,
18  nothing herein shall be construed to prevent the department or
19  a water management district from accepting a donation
20  representing a portion of a larger project, provided that the
21  donation covers the full cost of that portion and mitigation
22  credit is given only for that portion. The department or water
23  management district may deviate from the full cost
24  requirements of this subparagraph to resolve a proceeding
25  brought pursuant to chapter 70 or a claim for inverse
26  condemnation. Nothing in this section shall be construed to
27  require the owner of a private mitigation bank, permitted
28  under s. 373.4136, to include the full cost of a mitigation
29  credit in the price of the credit to a purchaser of said
30  credit.
31  
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 1         2.  The department and each water management district
 2  shall report by March 1 of each year, as part of the
 3  consolidated annual report required by s. 373.036(5)(7), all
 4  cash donations accepted under subparagraph 1. during the
 5  preceding water management district fiscal year for wetland
 6  mitigation purposes. The report shall exclude those
 7  contributions pursuant to s. 373.4137. The report shall
 8  include a description of the endorsed mitigation projects and,
 9  except for projects governed by s. 373.4135(6), shall address,
10  as applicable, success criteria, project implementation status
11  and timeframe, monitoring, long-term management, provisions
12  for preservation, and full cost accounting.
13         3.  If the applicant is unable to meet water quality
14  standards because existing ambient water quality does not meet
15  standards, the governing board or the department shall
16  consider mitigation measures proposed by or acceptable to the
17  applicant that cause net improvement of the water quality in
18  the receiving body of water for those parameters which do not
19  meet standards.
20         4.  If mitigation requirements imposed by a local
21  government for surface water and wetland impacts of an
22  activity regulated under this part cannot be reconciled with
23  mitigation requirements approved under a permit for the same
24  activity issued under this part, including application of the
25  uniform wetland mitigation assessment method adopted pursuant
26  to subsection (18), the mitigation requirements for surface
27  water and wetland impacts shall be controlled by the permit
28  issued under this part.
29         Section 24.  Paragraph (d) of subsection (4) and
30  subsections (13) and (14) of section 373.4592, Florida
31  Statutes, are amended to read:
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 1         373.4592  Everglades improvement and management.--
 2         (4)  EVERGLADES PROGRAM.--
 3         (d)  Everglades research and monitoring program.--
 4         1.  The department and the district shall review and
 5  evaluate available water quality data for the Everglades
 6  Protection Area and tributary waters and identify any
 7  additional information necessary to adequately describe water
 8  quality in the Everglades Protection Area and tributary
 9  waters. The department and the district shall also initiate a
10  research and monitoring program to generate such additional
11  information identified and to evaluate the effectiveness of
12  the BMPs and STAs, as they are implemented, in improving water
13  quality and maintaining designated and existing beneficial
14  uses of the Everglades Protection Area and tributary waters.
15  As part of the program, the district shall monitor all
16  discharges into the Everglades Protection Area for purposes of
17  determining compliance with state water quality standards.
18         2.  The research and monitoring program shall evaluate
19  the ecological and hydrological needs of the Everglades
20  Protection Area, including the minimum flows and levels.
21  Consistent with such needs, the program shall also evaluate
22  water quality standards for the Everglades Protection Area and
23  for the canals of the EAA, so that these canals can be
24  classified in the manner set forth in paragraph (e) and
25  protected as an integral part of the water management system
26  which includes the STAs of the Everglades Construction Project
27  and allows landowners in the EAA to achieve applicable water
28  quality standards compliance by BMPs and STA treatment to the
29  extent this treatment is available and effective.
30         3.  The research and monitoring program shall include
31  research seeking to optimize the design and operation of the
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 1  STAs, including research to reduce outflow concentrations, and
 2  to identify other treatment and management methods and
 3  regulatory programs that are superior to STAs in achieving the
 4  intent and purposes of this section.
 5         4.  The research and monitoring program shall be
 6  conducted to allow the department to propose a phosphorus
 7  criterion in the Everglades Protection Area, and to evaluate
 8  existing state water quality standards applicable to the
 9  Everglades Protection Area and existing state water quality
10  standards and classifications applicable to the EAA canals. In
11  developing the phosphorus criterion, the department shall also
12  consider the minimum flows and levels for the Everglades
13  Protection Area and the district's water supply plans for the
14  Lower East Coast.
15         5.  Beginning March 1, 2006, as part of the
16  consolidated annual report required by s. 373.036(5)(7), the
17  district and the department shall annually issue a
18  peer-reviewed report regarding the research and monitoring
19  program that summarizes all data and findings. The report
20  shall identify water quality parameters, in addition to
21  phosphorus, which exceed state water quality standards or are
22  causing or contributing to adverse impacts in the Everglades
23  Protection Area.
24         6.  The district shall continue research seeking to
25  optimize the design and operation of STAs and to identify
26  other treatment and management methods that are superior to
27  STAs in achieving optimum water quality and water quantity for
28  the benefit of the Everglades. The district shall optimize the
29  design and operation of the STAs described in the Everglades
30  Construction Project prior to expanding their size. Additional
31  
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 1  methods to achieve compliance with water quality standards
 2  shall not be limited to more intensive management of the STAs.
 3         (13)  ANNUAL REPORTS.--Beginning March 1, 2006, as part
 4  of the consolidated annual report required by s.
 5  373.036(5)(7), the district shall report on implementation of
 6  the section. The annual report will include a summary of the
 7  water conditions in the Everglades Protection Area, the status
 8  of the impacted areas, the status of the construction of the
 9  STAs, the implementation of the BMPs, and actions taken to
10  monitor and control exotic species. The district must prepare
11  the report in coordination with federal and state agencies.
12         (14)  EVERGLADES FUND.--The South Florida Water
13  Management District is directed to separately account for all
14  moneys used for the purpose of funding the Everglades
15  Construction Project as part of the consolidated annual report
16  required by s. 373.036(5)(7).
17         Section 25.  Subsection (3) of section 373.45926,
18  Florida Statutes, is amended to read:
19         373.45926  Everglades Trust Fund; allocation of
20  revenues and expenditure of funds for conservation and
21  protection of natural resources and abatement of water
22  pollution.--
23         (3)  The South Florida Water Management District shall
24  furnish, as part of the consolidated annual report required by
25  s. 373.036(5)(7), a detailed copy of its expenditures from the
26  Everglades Trust Fund to the Governor, the President of the
27  Senate, and the Speaker of the House of Representatives, and
28  shall make copies available to the public. The information
29  shall be provided in a format approved by the Joint
30  Legislative Committee on Everglades Oversight. At the
31  direction of the Joint Legislative Committee on Everglades
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 1  Oversight, an audit may be made from time to time by the
 2  Auditor General, and such audit shall be within the authority
 3  of said Auditor General to make.
 4         Section 26.  Paragraph (h) of subsection (3) of section
 5  373.4595, Florida Statutes, is amended to read:
 6         373.4595  Lake Okeechobee Protection Program.--
 7         (3)  LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection
 8  program for Lake Okeechobee that achieves phosphorus load
 9  reductions for Lake Okeechobee shall be immediately
10  implemented as specified in this subsection. The program shall
11  address the reduction of phosphorus loading to the lake from
12  both internal and external sources. Phosphorus load reductions
13  shall be achieved through a phased program of implementation.
14  Initial implementation actions shall be technology-based,
15  based upon a consideration of both the availability of
16  appropriate technology and the cost of such technology, and
17  shall include phosphorus reduction measures at both the source
18  and the regional level. The initial phase of phosphorus load
19  reductions shall be based upon the district's Technical
20  Publication 81-2 and the district's WOD program, with
21  subsequent phases of phosphorus load reductions based upon the
22  total maximum daily loads established in accordance with s.
23  403.067. In the development and administration of the Lake
24  Okeechobee Protection Program, the coordinating agencies shall
25  maximize opportunities provided by federal cost-sharing
26  programs and opportunities for partnerships with the private
27  sector.
28         (h)  Annual progress report.--Each March 1, beginning
29  in 2006, the district shall report on implementation of this
30  section as part of the consolidated annual report required in
31  s. 373.036(5)(7). The annual report shall include a summary of
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 1  water quality and habitat conditions in Lake Okeechobee and
 2  the Lake Okeechobee watershed and the status of the Lake
 3  Okeechobee Construction Project. The district shall prepare
 4  the report in cooperation with the other coordinating
 5  agencies.
 6         Section 27.  Subsection (7) of section 373.470, Florida
 7  Statutes, is amended to read:
 8         373.470  Everglades restoration.--
 9         (7)  ANNUAL REPORT.--To provide enhanced oversight of
10  and accountability for the financial commitments established
11  under this section and the progress made in the implementation
12  of the comprehensive plan, the following information must be
13  prepared annually as part of the consolidated annual report
14  required by s. 373.036(5)(7):
15         (a)  The district, in cooperation with the department,
16  shall provide the following information as it relates to
17  implementation of the comprehensive plan:
18         1.  An identification of funds, by source and amount,
19  received by the state and by each local sponsor during the
20  fiscal year.
21         2.  An itemization of expenditures, by source and
22  amount, made by the state and by each local sponsor during the
23  fiscal year.
24         3.  A description of the purpose for which the funds
25  were expended.
26         4.  The unencumbered balance of funds remaining in
27  trust funds or other accounts designated for implementation of
28  the comprehensive plan.
29         5.  A schedule of anticipated expenditures for the next
30  fiscal year.
31  
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 1         (b)  The department shall prepare a detailed report on
 2  all funds expended by the state and credited toward the
 3  state's share of funding for implementation of the
 4  comprehensive plan. The report shall include:
 5         1.  A description of all expenditures, by source and
 6  amount, from the Conservation and Recreation Lands Trust Fund,
 7  the Land Acquisition Trust Fund, the Preservation 2000 Trust
 8  Fund, the Florida Forever Trust Fund, the Save Our Everglades
 9  Trust Fund, and other named funds or accounts for the
10  acquisition or construction of project components or other
11  features or facilities that benefit the comprehensive plan.
12         2.  A description of the purposes for which the funds
13  were expended.
14         3.  The unencumbered fiscal-year-end balance that
15  remains in each trust fund or account identified in
16  subparagraph 1.
17         (c)  The district, in cooperation with the department,
18  shall provide a detailed report on progress made in the
19  implementation of the comprehensive plan, including the status
20  of all project components initiated after the effective date
21  of this act or the date of the last report prepared under this
22  subsection, whichever is later.
23  
24  The information required in paragraphs (a), (b), and (c) shall
25  be provided as part of the consolidated annual report required
26  by s. 373.036(5)(7). The initial report is due by November 30,
27  2000, and each annual report thereafter is due by March 1.
28         Section 28.  Paragraph (a) of subsection (6) of section
29  373.536, Florida Statutes, is amended to read:
30         373.536  District budget and hearing thereon.--
31  
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 1         (6)  FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS
 2  PLAN; WATER RESOURCE DEVELOPMENT WORK PROGRAM.--
 3         (a)  Each district must, by the date specified for each
 4  item, furnish copies of the following documents to the
 5  Governor, the President of the Senate, the Speaker of the
 6  House of Representatives, the chairs of all legislative
 7  committees and subcommittees having substantive or fiscal
 8  jurisdiction over the districts, as determined by the
 9  President of the Senate or the Speaker of the House of
10  Representatives as applicable, the secretary of the
11  department, and the governing board of each county in which
12  the district has jurisdiction or derives any funds for the
13  operations of the district:
14         1.  The adopted budget, to be furnished within 10 days
15  after its adoption.
16         2.  A financial audit of its accounts and records, to
17  be furnished within 10 days after its acceptance by the
18  governing board. The audit must be conducted in accordance
19  with the provisions of s. 11.45 and the rules adopted
20  thereunder. In addition to the entities named above, the
21  district must provide a copy of the audit to the Auditor
22  General within 10 days after its acceptance by the governing
23  board.
24         3.  A 5-year capital improvements plan, to be included
25  in the consolidated annual report required by s.
26  373.036(5)(7). The plan must include expected sources of
27  revenue for planned improvements and must be prepared in a
28  manner comparable to the fixed capital outlay format set forth
29  in s. 216.043.
30         4.  A 5-year water resource development work program to
31  be furnished within 30 days after the adoption of the final
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 1  budget. The program must describe the district's
 2  implementation strategy for the water resource development
 3  component of each approved regional water supply plan
 4  developed or revised under s. 373.713 373.0361. The work
 5  program must address all the elements of the water resource
 6  development component in the district's approved regional
 7  water supply plans and must identify which projects in the
 8  work program will provide water, explain how each water
 9  resource development project will produce additional water
10  available for consumptive uses, estimate the quantity of water
11  to be produced by each project, and provide an assessment of
12  the contribution of the district's regional water supply plans
13  in providing sufficient water to meet the water supply needs
14  of existing and future reasonable-beneficial uses for a
15  1-in-10-year drought event. Within 30 days after its
16  submittal, the department shall review the proposed work
17  program and submit its findings, questions, and comments to
18  the district. The review must include a written evaluation of
19  the program's consistency with the furtherance of the
20  district's approved regional water supply plans, and the
21  adequacy of proposed expenditures. As part of the review, the
22  department shall give interested parties the opportunity to
23  provide written comments on each district's proposed work
24  program. Within 45 days after receipt of the department's
25  evaluation, the governing board shall state in writing to the
26  department which changes recommended in the evaluation it will
27  incorporate into its work program submitted as part of the
28  March 1 consolidated annual report required by s.
29  373.036(5)(7) or specify the reasons for not incorporating the
30  changes. The department shall include the district's responses
31  in a final evaluation report and shall submit a copy of the
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 1  report to the Governor, the President of the Senate, and the
 2  Speaker of the House of Representatives.
 3         Section 29.  Subsection (11) of section 373.59, Florida
 4  Statutes, is amended to read:
 5         373.59  Water Management Lands Trust Fund.--
 6         (11)  Notwithstanding any provision of this section to
 7  the contrary, the governing board of a water management
 8  district may request, and the Secretary of Environmental
 9  Protection shall release upon such request, moneys allocated
10  to the districts pursuant to subsection (8) for purposes
11  consistent with the provisions of s. 373.713 373.0361, s.
12  373.709 373.0831, s. 373.139, or ss. 373.451-373.4595 and for
13  legislatively authorized land acquisition and water
14  restoration initiatives. No funds may be used pursuant to this
15  subsection until necessary debt service obligations,
16  requirements for payments in lieu of taxes, and land
17  management obligations that may be required by this chapter
18  are provided for.
19         Section 30.  Paragraph (g) of subsection (1) of section
20  378.212, Florida Statutes, is amended to read:
21         378.212  Variances.--
22         (1)  Upon application, the secretary may grant a
23  variance from the provisions of this part or the rules adopted
24  pursuant thereto. Variances and renewals thereof may be
25  granted for any one of the following reasons:
26         (g)  To accommodate reclamation that provides water
27  supply development or water resource development not
28  inconsistent with the applicable regional water supply plan
29  approved pursuant to s. 373.713 373.0361, provided adverse
30  impacts are not caused to the water resources in the basin. A
31  variance may also be granted from the requirements of part IV
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 1  of chapter 373, or the rules adopted thereunder, when a
 2  project provides an improvement in water availability in the
 3  basin and does not cause adverse impacts to water resources in
 4  the basin.
 5         Section 31.  Subsection (9) of section 378.404, Florida
 6  Statutes, is amended to read:
 7         378.404  Department of Environmental Protection; powers
 8  and duties.--The department shall have the following powers
 9  and duties:
10         (9)  To grant variances from the provisions of this
11  part to accommodate reclamation that provides for water supply
12  development or water resource development not inconsistent
13  with the applicable regional water supply plan approved
14  pursuant to s. 373.713 373.0361, appropriate stormwater
15  management, improved wildlife habitat, recreation, or a
16  mixture thereof, provided adverse impacts are not caused to
17  the water resources in the basin and public health and safety
18  are not adversely affected.
19         Section 32.  Subsection (14) of section 403.031,
20  Florida Statutes, is amended to read:
21         403.031  Definitions.--In construing this chapter, or
22  rules and regulations adopted pursuant hereto, the following
23  words, phrases, or terms, unless the context otherwise
24  indicates, have the following meanings:
25         (14)  "State water resource implementation rule" means
26  the rule authorized by s. 373.707 373.036, which sets forth
27  goals, objectives, and guidance for the development and review
28  of programs, rules, and plans relating to water resources,
29  based on statutory policies and directives. The waters of the
30  state are among its most basic resources. Such waters should
31  
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 1  be managed to conserve and protect water resources and to
 2  realize the full beneficial use of these resources.
 3         Section 33.  Paragraph (a) of subsection (3) of section
 4  403.0891, Florida Statutes, is amended to read:
 5         403.0891  State, regional, and local stormwater
 6  management plans and programs.--The department, the water
 7  management districts, and local governments shall have the
 8  responsibility for the development of mutually compatible
 9  stormwater management programs.
10         (3)(a)  Each local government required by chapter 163
11  to submit a comprehensive plan, whose plan is submitted after
12  July 1, 1992, and the others when updated after July 1, 1992,
13  in the development of its stormwater management program
14  described by elements within its comprehensive plan shall
15  consider the water resource implementation rule, district
16  stormwater management goals, plans approved pursuant to the
17  Surface Water Improvement and Management Act, ss.
18  373.451-373.4595, and technical assistance information
19  provided by the water management districts pursuant to s.
20  373.715 373.0391.
21         Section 34.  Paragraphs (r) and (u) of subsection (2)
22  of section 403.813, Florida Statutes, are amended to read:
23         403.813  Permits issued at district centers;
24  exceptions.--
25         (2)  A permit is not required under this chapter,
26  chapter 373, chapter 61-691, Laws of Florida, or chapter 25214
27  or chapter 25270, 1949, Laws of Florida, for activities
28  associated with the following types of projects; however,
29  except as otherwise provided in this subsection, nothing in
30  this subsection relieves an applicant from any requirement to
31  obtain permission to use or occupy lands owned by the Board of
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 1  Trustees of the Internal Improvement Trust Fund or any water
 2  management district in its governmental or proprietary
 3  capacity or from complying with applicable local pollution
 4  control programs authorized under this chapter or other
 5  requirements of county and municipal governments:
 6         (r)  The removal of aquatic plants, the removal of
 7  tussocks, the associated replanting of indigenous aquatic
 8  plants, and the associated removal from lakes of organic
 9  detrital material when such planting or removal is performed
10  and authorized by permit or exemption granted under s. 369.20
11  or s. 369.25, provided that:
12         1.  Organic detrital material that exists on the
13  surface of natural mineral substrate shall be allowed to be
14  removed to a depth of 3 feet or to the natural mineral
15  substrate, whichever is less;
16         2.  All material removed pursuant to this paragraph
17  shall be deposited in an upland site in a manner that will
18  prevent the reintroduction of the material into waters in the
19  state except when spoil material is permitted to be used to
20  create wildlife islands in freshwater bodies of the state when
21  a governmental entity is permitted pursuant to s. 369.20 to
22  create such islands as a part of a restoration or enhancement
23  project;
24         3.  All activities are performed in a manner consistent
25  with state water quality standards; and
26         4.  No activities under this exemption are conducted in
27  wetland areas, as defined by s. 373.019(22)(25), which are
28  supported by a natural soil as shown in applicable United
29  States Department of Agriculture county soil surveys, except
30  when a governmental entity is permitted pursuant to s. 369.20
31  
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 1  to conduct such activities as a part of a restoration or
 2  enhancement project.
 3  
 4  The department may not adopt implementing rules for this
 5  paragraph, notwithstanding any other provision of law.
 6         (u)  Notwithstanding any provision to the contrary in
 7  this subsection, a permit or other authorization under chapter
 8  253, chapter 369, chapter 373, or this chapter is not required
 9  for an individual residential property owner for the removal
10  of organic detrital material from freshwater rivers or lakes
11  that have a natural sand or rocky substrate and that are not
12  Aquatic Preserves or for the associated removal and replanting
13  of aquatic vegetation for the purpose of environmental
14  enhancement, providing that:
15         1.  No activities under this exemption are conducted in
16  wetland areas, as defined by s. 373.019(22)(25), which are
17  supported by a natural soil as shown in applicable United
18  States Department of Agriculture county soil surveys.
19         2.  No filling or peat mining is allowed.
20         3.  No removal of native wetland trees, including, but
21  not limited to, ash, bay, cypress, gum, maple, or tupelo,
22  occurs.
23         4.  When removing organic detrital material, no portion
24  of the underlying natural mineral substrate or rocky substrate
25  is removed.
26         5.  Organic detrital material and plant material
27  removed is deposited in an upland site in a manner that will
28  not cause water quality violations.
29         6.  All activities are conducted in such a manner, and
30  with appropriate turbidity controls, so as to prevent any
31  water quality violations outside the immediate work area.
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 1         7.  Replanting with a variety of aquatic plants native
 2  to the state shall occur in a minimum of 25 percent of the
 3  preexisting vegetated areas where organic detrital material is
 4  removed, except for areas where the material is removed to
 5  bare rocky substrate; however, an area may be maintained clear
 6  of vegetation as an access corridor. The access corridor width
 7  may not exceed 50 percent of the property owner's frontage or
 8  50 feet, whichever is less, and may be a sufficient length
 9  waterward to create a corridor to allow access for a boat or
10  swimmer to reach open water. Replanting must be at a minimum
11  density of 2 feet on center and be completed within 90 days
12  after removal of existing aquatic vegetation, except that
13  under dewatered conditions replanting must be completed within
14  90 days after reflooding. The area to be replanted must extend
15  waterward from the ordinary high water line to a point where
16  normal water depth would be 3 feet or the preexisting
17  vegetation line, whichever is less. Individuals are required
18  to make a reasonable effort to maintain planting density for a
19  period of 6 months after replanting is complete, and the
20  plants, including naturally recruited native aquatic plants,
21  must be allowed to expand and fill in the revegetation area.
22  Native aquatic plants to be used for revegetation must be
23  salvaged from the enhancement project site or obtained from an
24  aquatic plant nursery regulated by the Department of
25  Agriculture and Consumer Services. Plants that are not native
26  to the state may not be used for replanting.
27         8.  No activity occurs any farther than 100 feet
28  waterward of the ordinary high water line, and all activities
29  must be designed and conducted in a manner that will not
30  unreasonably restrict or infringe upon the riparian rights of
31  adjacent upland riparian owners.
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 1         9.  The person seeking this exemption notifies the
 2  applicable department district office in writing at least 30
 3  days before commencing work and allows the department to
 4  conduct a preconstruction site inspection. Notice must include
 5  an organic-detrital-material removal and disposal plan and, if
 6  applicable, a vegetation-removal and revegetation plan.
 7         10.  The department is provided written certification
 8  of compliance with the terms and conditions of this paragraph
 9  within 30 days after completion of any activity occurring
10  under this exemption.
11         Section 35.  Paragraph (a) of subsection (1) and
12  paragraph (a) of subsection (2) of section 403.890, Florida
13  Statutes, are amended to read:
14         403.890  Water Protection and Sustainability Program;
15  intent; goals; purposes.--
16         (1)  Effective July 1, 2006, revenues transferred from
17  the Department of Revenue pursuant to s. 201.15(1)(d)2. shall
18  be deposited into the Water Protection and Sustainability
19  Program Trust Fund in the Department of Environmental
20  Protection. These revenues and any other additional revenues
21  deposited into or appropriated to the Water Protection and
22  Sustainability Trust Fund shall be distributed by the
23  Department of Environmental Protection in the following
24  manner:
25         (a)  Sixty percent to the Department of Environmental
26  Protection for the implementation of an alternative water
27  supply program as provided in s. 373.717 373.1961.
28         (2)  For fiscal year 2005-2006, funds deposited or
29  appropriated into the Water Protection and Sustainability
30  Trust Fund shall be distributed as follows:
31  
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1         (a)  One hundred million dollars to the Department of
 2  Environmental Protection for the implementation of an
 3  alternative water supply program as provided in s. 373.717
 4  373.1961.
 5         Section 36.  Subsection (6) of section 556.102, Florida
 6  Statutes, is amended to read:
 7         556.102  Definitions.--As used in this act:
 8         (6)  "Excavate" or "excavation" means any manmade cut,
 9  cavity, trench, or depression in the earth's surface, formed
10  by removal of earth, intended to change the grade or level of
11  land, or intended to penetrate or disturb the surface of the
12  earth, including land beneath the waters of the state, as
13  defined in s. 373.019(19)(20), and the term includes pipe
14  bursting and directional drilling or boring from one point to
15  another point beneath the surface of the earth, or other
16  trenchless technologies.
17         Section 37.  Section 682.02, Florida Statutes, is
18  amended to read:
19         682.02  Arbitration agreements made valid, irrevocable,
20  and enforceable; scope.--Two or more parties may agree in
21  writing to submit to arbitration any controversy existing
22  between them at the time of the agreement, or they may include
23  in a written contract a provision for the settlement by
24  arbitration of any controversy thereafter arising between them
25  relating to such contract or the failure or refusal to perform
26  the whole or any part thereof. This section also applies to
27  written interlocal agreements under ss. 163.01 and 373.717
28  373.1962 in which two or more parties agree to submit to
29  arbitration any controversy between them concerning water use
30  permit applications and other matters, regardless of whether
31  or not the water management district with jurisdiction over
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    Florida Senate - 2007                                  SB 2882
    16-1343-07                                              See HB
 1  the subject application is a party to the interlocal agreement
 2  or a participant in the arbitration. Such agreement or
 3  provision shall be valid, enforceable, and irrevocable without
 4  regard to the justiciable character of the controversy;
 5  provided that this act shall not apply to any such agreement
 6  or provision to arbitrate in which it is stipulated that this
 7  law shall not apply or to any arbitration or award thereunder.
 8         Section 38.  Section 373.71, Florida Statutes, is
 9  renumbered as section 373.69, Florida Statutes.
10         Section 39.  Sections 373.0361, 373.0391, 373.0831,
11  373.196, 373.1961, 373.1962, and 373.1963, Florida Statutes,
12  are repealed.
13         Section 40.  This act shall take effect July 1, 2007.
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