| 1 | A bill to be entitled |
| 2 | An act relating to water supply; creating part VII of ch. |
| 3 | 373, F.S., relating to water supply policy, planning, |
| 4 | production, and funding; providing a declaration of |
| 5 | policy; providing for the powers and duties of water |
| 6 | management district governing boards; requiring the |
| 7 | Department of Environmental Protection to develop the |
| 8 | Florida water supply plan; providing components of the |
| 9 | plan; requiring water management district governing boards |
| 10 | to develop water supply plans for their respective |
| 11 | regions; providing components of district water supply |
| 12 | plans; providing legislative findings and intent with |
| 13 | respect to water resource development and water supply |
| 14 | development; requiring water management districts to fund |
| 15 | and implement water resource development; specifying water |
| 16 | supply development projects that are eligible to receive |
| 17 | priority consideration for state or water management |
| 18 | district funding assistance; encouraging cooperation in |
| 19 | the development of water supplies; providing for |
| 20 | alternative water supply development; encouraging |
| 21 | municipalities, counties, and special districts to create |
| 22 | regional water supply authorities; establishing the |
| 23 | primary roles of the water management districts in |
| 24 | alternative water supply development; establishing the |
| 25 | primary roles of local governments, regional water supply |
| 26 | authorities, special districts, and publicly owned and |
| 27 | privately owned water utilities in alternative water |
| 28 | supply development; requiring the water management |
| 29 | districts to detail the specific allocations to be used |
| 30 | for alternative water supply development in their annual |
| 31 | budget submission; requiring that the water management |
| 32 | districts include the amount needed to implement the water |
| 33 | supply development projects in each annual budget; |
| 34 | establishing general funding criteria for funding |
| 35 | assistance to the state or water management districts; |
| 36 | establishing economic incentives for alternative water |
| 37 | supply development; providing a funding formula for the |
| 38 | distribution of state funds to the water management |
| 39 | districts for alternative water supply development; |
| 40 | requiring that funding assistance for alternative water |
| 41 | supply development be limited to a percentage of the total |
| 42 | capital costs of an approved project; establishing a |
| 43 | selection process and criteria; providing for cost |
| 44 | recovery from the Public Service Commission; requiring a |
| 45 | water management district governing board to conduct water |
| 46 | supply planning for each region identified in the district |
| 47 | water supply plan; providing procedures and requirements |
| 48 | with respect to regional water supply plans; providing for |
| 49 | joint development of a specified water supply development |
| 50 | component of a regional water supply plan within the |
| 51 | boundaries of the Southwest Florida Water Management |
| 52 | District; providing that approval of a regional water |
| 53 | supply plan is not subject to the rulemaking requirements |
| 54 | of the Administrative Procedure Act; requiring the |
| 55 | department to submit annual reports on the status of |
| 56 | regional water supply planning in each district; providing |
| 57 | construction with respect to the water supply development |
| 58 | component of a regional water supply plan; requiring water |
| 59 | management districts to present to certain entities the |
| 60 | relevant portions of a regional water supply plan; |
| 61 | requiring certain entities to provide written notification |
| 62 | to water management districts as to the implementation of |
| 63 | water supply project options; requiring water management |
| 64 | districts to notify local governments of the need for |
| 65 | alternative water supply projects; requiring water |
| 66 | management districts to assist local governments in the |
| 67 | development and future revision of local government |
| 68 | comprehensive plan elements or public facilities reports |
| 69 | related to water resource issues; providing for the |
| 70 | creation of regional water supply authorities; providing |
| 71 | purpose of such authorities; specifying considerations |
| 72 | with respect to the creation of a proposed authority; |
| 73 | specifying authority of a regional water supply authority; |
| 74 | providing authority of specified entities to convey title, |
| 75 | dedicate land, or grant land-use rights to a regional |
| 76 | water supply authority for specified purposes; providing |
| 77 | preferential rights of counties and municipalities to |
| 78 | purchase water from regional water supply authorities; |
| 79 | providing exemption for specified water supply authorities |
| 80 | from consideration of certain factors and submissions; |
| 81 | providing applicability of such exemptions; authorizing |
| 82 | the West Coast Regional Water Supply Authority and its |
| 83 | member governments to reconstitute the authority's |
| 84 | governance and rename the authority under a voluntary |
| 85 | interlocal agreement; providing compliance requirements |
| 86 | with respect to the interlocal agreement; providing for |
| 87 | supersession of conflicting general or special laws; |
| 88 | providing requirements with respect to annual budgets; |
| 89 | specifying the annual millage for the authority; |
| 90 | authorizing the authority to request the governing board |
| 91 | of the district to levy ad valorem taxes within the |
| 92 | boundaries of the authority to finance authority |
| 93 | functions; providing requirements and procedures with |
| 94 | respect to the collection of such taxes; amending ss. |
| 95 | 120.52, 163.3167, 163.3177, 163.3191, 189.404, 189.4155, |
| 96 | 189.4156, 367.021, 373.019, 373.036, 373.0363, 373.0421, |
| 97 | 373.0695, 373.223, 373.2234, 373.229, 373.236, 373.536, |
| 98 | 373.59, 378.212, 378.404, 403.0891, 403.890, 403.891, and |
| 99 | 682.02, F.S.; conforming cross-references and removing |
| 100 | obsolete provisions; renumbering s. 373.71, F.S., relating |
| 101 | to the Apalachicola-Chattahoochee-Flint River Basin |
| 102 | Compact, to clarify retention of the section in part VI of |
| 103 | ch. 373, F.S.; repealing s. 373.0361, F.S., relating to |
| 104 | regional water supply planning; repealing s. 373.0391, |
| 105 | F.S., relating to technical assistance to local |
| 106 | governments; repealing s. 373.0831, F.S., relating to |
| 107 | water resource and water supply development; repealing s. |
| 108 | 373.196, F.S., relating to alternative water supply |
| 109 | development; repealing s. 373.1961, F.S., relating to |
| 110 | water production and related powers and duties of water |
| 111 | management districts; repealing s. 373.1962, F.S., |
| 112 | relating to regional water supply authorities; repealing |
| 113 | s. 373.1963, F.S., relating to assistance to the West |
| 114 | Coast Regional Water Supply Authority; providing an |
| 115 | effective date. |
| 116 |
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| 117 | Be It Enacted by the Legislature of the State of Florida: |
| 118 |
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| 119 | Section 1. Part VII of chapter 373, Florida Statutes, |
| 120 | consisting of sections 373.701, 373.703, 373.705, 373.707, |
| 121 | 373.709, 373.711, 373.713, and 373.715, is created to read: |
| 122 | PART VII |
| 123 | WATER SUPPLY POLICY, PLANNING, PRODUCTION, AND FUNDING |
| 124 | 373.701 Declaration of policy.-It is declared to be the |
| 125 | policy of the Legislature: |
| 126 | (1) To promote the availability of sufficient water for |
| 127 | all existing and future reasonable-beneficial uses and natural |
| 128 | systems. |
| 129 | (2)(a) Because water constitutes a public resource |
| 130 | benefiting the entire state, it is the policy of the Legislature |
| 131 | that the waters in the state be managed on a state and regional |
| 132 | basis. Consistent with this directive, the Legislature |
| 133 | recognizes the need to allocate water throughout the state so as |
| 134 | to meet all reasonable-beneficial uses. However, the Legislature |
| 135 | acknowledges that such allocations have in the past adversely |
| 136 | affected the water resources of certain areas in this state. To |
| 137 | protect such water resources and to meet the current and future |
| 138 | needs of those areas with abundant water, the Legislature |
| 139 | directs the department and the water management districts to |
| 140 | encourage the use of water from sources nearest the area of use |
| 141 | or application whenever practicable. Such sources shall include |
| 142 | all naturally occurring water sources and all alternative water |
| 143 | sources, including, but not limited to, desalination, |
| 144 | conservation, reuse of nonpotable reclaimed water and |
| 145 | stormwater, and aquifer storage and recovery. Reuse of potable |
| 146 | reclaimed water and stormwater shall not be subject to the |
| 147 | evaluation described in s. 373.223(3)(a)-(g). However, this |
| 148 | directive to encourage the use of water, whenever practicable, |
| 149 | from sources nearest the area of use or application shall not |
| 150 | apply to the transport and direct and indirect use of water |
| 151 | within the area encompassed by the Central and Southern Florida |
| 152 | Flood Control Project, nor shall it apply anywhere in the state |
| 153 | to the transport and use of water supplied exclusively for |
| 154 | bottled water as defined in s. 500.03(1)(d), nor shall it apply |
| 155 | to the transport and use of reclaimed water for electrical power |
| 156 | production by an electric utility as defined in s. 366.02(2). |
| 157 | (b) In establishing the policy outlined in paragraph (a), |
| 158 | the Legislature realizes that under certain circumstances the |
| 159 | need to transport water from distant sources may be necessary |
| 160 | for environmental, technical, or economic reasons. |
| 161 | (3) Cooperative efforts between municipalities, counties, |
| 162 | water management districts, and the department are mandatory in |
| 163 | order to meet the water needs of rapidly urbanizing areas in a |
| 164 | manner that will supply adequate and dependable supplies of |
| 165 | water where needed without resulting in adverse effects upon the |
| 166 | areas from which such water is withdrawn. Such efforts should |
| 167 | use all practical means of obtaining water, including, but not |
| 168 | limited to, withdrawals of surface water and groundwater, reuse, |
| 169 | and desalination and will necessitate not only cooperation but |
| 170 | also well-coordinated activities. Municipalities, counties, and |
| 171 | special districts are encouraged to create regional water supply |
| 172 | authorities as authorized in s. 373.713 or multijurisdictional |
| 173 | water supply entities. |
| 174 | 373.703 Water production; powers and duties.-In the |
| 175 | performance of, and in conjunction with, its other powers and |
| 176 | duties, the governing board of a water management district |
| 177 | existing pursuant to this chapter: |
| 178 | (1) Shall engage in planning to assist counties, |
| 179 | municipalities, special districts, publicly owned and privately |
| 180 | owned water utilities, multijurisdictional water supply |
| 181 | entities, or regional water supply authorities in meeting water |
| 182 | supply needs in such manner as will give priority to encouraging |
| 183 | conservation and reducing adverse environmental effects of |
| 184 | improper or excessive withdrawals of water from concentrated |
| 185 | areas. As used in this section and s. 373.707, regional water |
| 186 | supply authorities are regional water authorities created under |
| 187 | s. 373.713 or other laws of this state. |
| 188 | (2) Shall assist counties, municipalities, special |
| 189 | districts, publicly owned or privately owned water utilities, |
| 190 | multijurisdictional water supply entities, or regional water |
| 191 | supply authorities in meeting water supply needs in such manner |
| 192 | as will give priority to encouraging conservation and reducing |
| 193 | adverse environmental effects of improper or excessive |
| 194 | withdrawals of water from concentrated areas. |
| 195 | (3) May establish, design, construct, operate, and |
| 196 | maintain water production and transmission facilities for the |
| 197 | purpose of supplying water to counties, municipalities, special |
| 198 | districts, publicly owned and privately owned water utilities, |
| 199 | multijurisdictional water supply entities, or regional water |
| 200 | supply authorities. The permit required by part II of this |
| 201 | chapter for a water management district engaged in water |
| 202 | production and transmission shall be granted, denied, or granted |
| 203 | with conditions by the department. |
| 204 | (4) Shall not engage in local water supply distribution. |
| 205 | (5) Shall not deprive, directly or indirectly, any county |
| 206 | wherein water is withdrawn of the prior right to the reasonable |
| 207 | and beneficial use of water which is required to supply |
| 208 | adequately the reasonable and beneficial needs of the county or |
| 209 | any of the inhabitants or property owners therein. |
| 210 | (6) May provide water and financial assistance to regional |
| 211 | water supply authorities, but may not provide water to counties |
| 212 | and municipalities which are located within the area of such |
| 213 | authority without the specific approval of the authority or, in |
| 214 | the event of the authority's disapproval, the approval of the |
| 215 | Governor and Cabinet sitting as the Land and Water Adjudicatory |
| 216 | Commission. The district may supply water at rates and upon |
| 217 | terms mutually agreed to by the parties or, if they do not |
| 218 | agree, as set by the governing board and specifically approved |
| 219 | by the Governor and Cabinet sitting as the Land and Water |
| 220 | Adjudicatory Commission. |
| 221 | (7) May acquire title to such interest as is necessary in |
| 222 | real property, by purchase, gift, devise, lease, eminent domain, |
| 223 | or otherwise, for water production and transmission consistent |
| 224 | with this section and s. 373.707. However, the district shall |
| 225 | not use any of the eminent domain powers herein granted to |
| 226 | acquire water and water rights already devoted to reasonable and |
| 227 | beneficial use or any water production or transmission |
| 228 | facilities owned by any county, municipality, or regional water |
| 229 | supply authority. The district may exercise eminent domain |
| 230 | powers outside of its district boundaries for the acquisition of |
| 231 | pumpage facilities, storage areas, transmission facilities, and |
| 232 | the normal appurtenances thereto, provided that at least 45 days |
| 233 | prior to the exercise of eminent domain, the district notifies |
| 234 | the district where the property is located after public notice |
| 235 | and the district where the property is located does not object |
| 236 | within 45 days after notification of such exercise of eminent |
| 237 | domain authority. |
| 238 | (8) In addition to the power to issue revenue bonds |
| 239 | pursuant to s. 373.584, may issue revenue bonds for the purposes |
| 240 | of paying the costs and expenses incurred in carrying out the |
| 241 | purposes of this chapter or refunding obligations of the |
| 242 | district issued pursuant to this section. Such revenue bonds |
| 243 | shall be secured by, and be payable from, revenues derived from |
| 244 | the operation, lease, or use of its water production and |
| 245 | transmission facilities and other water-related facilities and |
| 246 | from the sale of water or services relating thereto. Such |
| 247 | revenue bonds may not be secured by, or be payable from, moneys |
| 248 | derived by the district from the Water Management Lands Trust |
| 249 | Fund or from ad valorem taxes received by the district. All |
| 250 | provisions of s. 373.584 relating to the issuance of revenue |
| 251 | bonds which are not inconsistent with this section shall apply |
| 252 | to the issuance of revenue bonds pursuant to this section. The |
| 253 | district may also issue bond anticipation notes in accordance |
| 254 | with the provisions of s. 373.584. |
| 255 | (9) May join with one or more other water management |
| 256 | districts, counties, municipalities, special districts, publicly |
| 257 | owned or privately owned water utilities, multijurisdictional |
| 258 | water supply entities, or regional water supply authorities for |
| 259 | the purpose of carrying out any of its powers, and may contract |
| 260 | with such other entities to finance acquisitions, construction, |
| 261 | operation, and maintenance. The contract may provide for |
| 262 | contributions to be made by each party thereto, for the division |
| 263 | and apportionment of the expenses of acquisitions, construction, |
| 264 | operation, and maintenance, and for the division and |
| 265 | apportionment of the benefits, services, and products therefrom. |
| 266 | The contracts may contain other covenants and agreements |
| 267 | necessary and appropriate to accomplish their purposes. |
| 268 | 373.705 Water resource development; water supply |
| 269 | development.- |
| 270 | (1) The Legislature finds that: |
| 271 | (a) The proper role of the water management districts in |
| 272 | water supply is primarily planning and water resource |
| 273 | development, but this does not preclude them from providing |
| 274 | assistance with water supply development. |
| 275 | (b) The proper role of local government, regional water |
| 276 | supply authorities, and government-owned and privately owned |
| 277 | water utilities in water supply is primarily water supply |
| 278 | development, but this does not preclude them from providing |
| 279 | assistance with water resource development. |
| 280 | (c) Water resource development and water supply |
| 281 | development must receive priority attention, where needed, to |
| 282 | increase the availability of sufficient water for all existing |
| 283 | and future reasonable-beneficial uses and natural systems. |
| 284 | (2) It is the intent of the Legislature that: |
| 285 | (a) Sufficient water be available for all existing and |
| 286 | future reasonable-beneficial uses and the natural systems, and |
| 287 | that the adverse effects of competition for water supplies be |
| 288 | avoided. |
| 289 | (b) Water management districts take the lead in |
| 290 | identifying and implementing water resource development |
| 291 | projects, and be responsible for securing necessary funding for |
| 292 | regionally significant water resource development projects. |
| 293 | (c) Local governments, regional water supply authorities, |
| 294 | and government-owned and privately owned water utilities take |
| 295 | the lead in securing funds for and implementing water supply |
| 296 | development projects. Generally, direct beneficiaries of water |
| 297 | supply development projects should pay the costs of the projects |
| 298 | from which they benefit, and water supply development projects |
| 299 | should continue to be paid for through local funding sources. |
| 300 | (d) Water supply development be conducted in coordination |
| 301 | with water management district regional water supply planning |
| 302 | and water resource development. |
| 303 | (3) The water management districts shall fund and |
| 304 | implement water resource development as defined in s. 373.019. |
| 305 | The water management districts are encouraged to implement water |
| 306 | resource development as expeditiously as possible in areas |
| 307 | subject to regional water supply plans. Each governing board |
| 308 | shall include in its annual budget the amount needed for the |
| 309 | fiscal year to implement water resource development projects, as |
| 310 | prioritized in its regional water supply plans. |
| 311 | (4)(a) Water supply development projects which are |
| 312 | consistent with the relevant regional water supply plans and |
| 313 | which meet one or more of the following criteria shall receive |
| 314 | priority consideration for state or water management district |
| 315 | funding assistance: |
| 316 | 1. The project supports establishment of a dependable, |
| 317 | sustainable supply of water which is not otherwise financially |
| 318 | feasible; |
| 319 | 2. The project provides substantial environmental benefits |
| 320 | by preventing or limiting adverse water resource impacts, but |
| 321 | requires funding assistance to be economically competitive with |
| 322 | other options; or |
| 323 | 3. The project significantly implements reuse, storage, |
| 324 | recharge, or conservation of water in a manner that contributes |
| 325 | to the sustainability of regional water sources. |
| 326 | (b) Water supply development projects that meet the |
| 327 | criteria in paragraph (a) and that meet one or more of the |
| 328 | following additional criteria shall be given first consideration |
| 329 | for state or water management district funding assistance: |
| 330 | 1. The project brings about replacement of existing |
| 331 | sources in order to help implement a minimum flow or level; or |
| 332 | 2. The project implements reuse that assists in the |
| 333 | elimination of domestic wastewater ocean outfalls as provided in |
| 334 | s. 403.086(9). |
| 335 | 373.707 Alternative water supply development.- |
| 336 | (1) The purpose of this section is to encourage |
| 337 | cooperation in the development of water supplies and to provide |
| 338 | for alternative water supply development. |
| 339 | (a) Demands on natural supplies of fresh water to meet the |
| 340 | needs of a rapidly growing population and the needs of the |
| 341 | environment, agriculture, industry, and mining will continue to |
| 342 | increase. |
| 343 | (b) There is a need for the development of alternative |
| 344 | water supplies for Florida to sustain its economic growth, |
| 345 | economic viability, and natural resources. |
| 346 | (c) Cooperative efforts between municipalities, counties, |
| 347 | special districts, water management districts, and the |
| 348 | Department of Environmental Protection are mandatory in order to |
| 349 | meet the water needs of rapidly urbanizing areas in a manner |
| 350 | that will supply adequate and dependable supplies of water where |
| 351 | needed without resulting in adverse effects upon the areas from |
| 352 | which such water is withdrawn. Such efforts should use all |
| 353 | practical means of obtaining water, including, but not limited |
| 354 | to, withdrawals of surface water and groundwater, reuse, and |
| 355 | desalinization, and will necessitate not only cooperation but |
| 356 | also well-coordinated activities. Municipalities, counties, and |
| 357 | special districts are encouraged to create regional water supply |
| 358 | authorities as authorized in s. 373.713 or multijurisdictional |
| 359 | water supply entities. |
| 360 | (d) Alternative water supply development must receive |
| 361 | priority funding attention to increase the available supplies of |
| 362 | water to meet all existing and future reasonable-beneficial uses |
| 363 | and to benefit the natural systems. |
| 364 | (e) Cooperation between counties, municipalities, regional |
| 365 | water supply authorities, multijurisdictional water supply |
| 366 | entities, special districts, and publicly owned and privately |
| 367 | owned water utilities in the development of countywide and |
| 368 | multicountywide alternative water supply projects will allow for |
| 369 | necessary economies of scale and efficiencies to be achieved in |
| 370 | order to accelerate the development of new, dependable, and |
| 371 | sustainable alternative water supplies. |
| 372 | (f) It is in the public interest that county, municipal, |
| 373 | industrial, agricultural, and other public and private water |
| 374 | users, the Department of Environmental Protection, and the water |
| 375 | management districts cooperate and work together in the |
| 376 | development of alternative water supplies to avoid the adverse |
| 377 | effects of competition for limited supplies of water. Public |
| 378 | moneys or services provided to private entities for alternative |
| 379 | water supply development may constitute public purposes that |
| 380 | also are in the public interest. |
| 381 | (2)(a) Sufficient water must be available for all existing |
| 382 | and future reasonable-beneficial uses and the natural systems, |
| 383 | and the adverse effects of competition for water supplies must |
| 384 | be avoided. |
| 385 | (b) Water supply development and alternative water supply |
| 386 | development must be conducted in coordination with water |
| 387 | management district regional water supply planning. |
| 388 | (c) Funding for the development of alternative water |
| 389 | supplies shall be a shared responsibility of water suppliers and |
| 390 | users, the State of Florida, and the water management districts, |
| 391 | with water suppliers and users having the primary responsibility |
| 392 | and the State of Florida and the water management districts |
| 393 | being responsible for providing funding assistance. |
| 394 | (3) The primary roles of the water management districts in |
| 395 | water resource development as it relates to supporting |
| 396 | alternative water supply development are: |
| 397 | (a) The formulation and implementation of regional water |
| 398 | resource management strategies that support alternative water |
| 399 | supply development; |
| 400 | (b) The collection and evaluation of surface water and |
| 401 | groundwater data to be used for a planning level assessment of |
| 402 | the feasibility of alternative water supply development |
| 403 | projects; |
| 404 | (c) The construction, operation, and maintenance of major |
| 405 | public works facilities for flood control, surface and |
| 406 | underground water storage, and groundwater recharge augmentation |
| 407 | to support alternative water supply development; |
| 408 | (d) Planning for alternative water supply development as |
| 409 | provided in regional water supply plans in coordination with |
| 410 | local governments, regional water supply authorities, |
| 411 | multijurisdictional water supply entities, special districts, |
| 412 | and publicly owned and privately owned water utilities and self- |
| 413 | suppliers; |
| 414 | (e) The formulation and implementation of structural and |
| 415 | nonstructural programs to protect and manage water resources in |
| 416 | support of alternative water supply projects; and |
| 417 | (f) The provision of technical and financial assistance to |
| 418 | local governments and publicly owned and privately owned water |
| 419 | utilities for alternative water supply projects. |
| 420 | (4) The primary roles of local government, regional water |
| 421 | supply authorities, multijurisdictional water supply entities, |
| 422 | special districts, and publicly owned and privately owned water |
| 423 | utilities in alternative water supply development shall be: |
| 424 | (a) The planning, design, construction, operation, and |
| 425 | maintenance of alternative water supply development projects; |
| 426 | (b) The formulation and implementation of alternative |
| 427 | water supply development strategies and programs; |
| 428 | (c) The planning, design, construction, operation, and |
| 429 | maintenance of facilities to collect, divert, produce, treat, |
| 430 | transmit, and distribute water for sale, resale, or end use; and |
| 431 | (d) The coordination of alternative water supply |
| 432 | development activities with the appropriate water management |
| 433 | district having jurisdiction over the activity. |
| 434 | (5) Nothing in this section shall be construed to preclude |
| 435 | the various special districts, municipalities, and counties from |
| 436 | continuing to operate existing water production and transmission |
| 437 | facilities or to enter into cooperative agreements with other |
| 438 | special districts, municipalities, and counties for the purpose |
| 439 | of meeting their respective needs for dependable and adequate |
| 440 | supplies of water; however, the obtaining of water through such |
| 441 | operations shall not be done in a manner that results in adverse |
| 442 | effects upon the areas from which such water is withdrawn. |
| 443 | (6)(a) The statewide funds provided pursuant to the Water |
| 444 | Protection and Sustainability Program serve to supplement |
| 445 | existing water management district or basin board funding for |
| 446 | alternative water supply development assistance and should not |
| 447 | result in a reduction of such funding. Therefore, the water |
| 448 | management districts shall include in the annual tentative and |
| 449 | adopted budget submittals required under this chapter the amount |
| 450 | of funds allocated for water resource development that supports |
| 451 | alternative water supply development and the funds allocated for |
| 452 | alternative water supply projects selected for inclusion in the |
| 453 | Water Protection and Sustainability Program. It shall be the |
| 454 | goal of each water management district and basin boards that the |
| 455 | combined funds allocated annually for these purposes be, at a |
| 456 | minimum, the equivalent of 100 percent of the state funding |
| 457 | provided to the water management district for alternative water |
| 458 | supply development. If this goal is not achieved, the water |
| 459 | management district shall provide in the budget submittal an |
| 460 | explanation of the reasons or constraints that prevent this goal |
| 461 | from being met, an explanation of how the goal will be met in |
| 462 | future years, and affirmation of match is required during the |
| 463 | budget review process as established under s. 373.536(5). The |
| 464 | Suwannee River Water Management District and the Northwest |
| 465 | Florida Water Management District shall not be required to meet |
| 466 | the match requirements of this paragraph; however, they shall |
| 467 | try to achieve the match requirement to the greatest extent |
| 468 | practicable. |
| 469 | (b) State funds from the Water Protection and |
| 470 | Sustainability Program created in s. 403.890 shall be made |
| 471 | available for financial assistance for the project construction |
| 472 | costs of alternative water supply development projects selected |
| 473 | by a water management district governing board for inclusion in |
| 474 | the program. |
| 475 | (7) The water management district shall implement its |
| 476 | responsibilities as expeditiously as possible in areas subject |
| 477 | to regional water supply plans. Each district's governing board |
| 478 | shall include in its annual budget the amount needed for the |
| 479 | fiscal year to assist in implementing alternative water supply |
| 480 | development projects. |
| 481 | (8)(a) The water management districts and the state shall |
| 482 | share a percentage of revenues with water providers and users, |
| 483 | including local governments, water, wastewater, and reuse |
| 484 | utilities, municipal, special district, industrial, and |
| 485 | agricultural water users, and other public and private water |
| 486 | users, to be used to supplement other funding sources in the |
| 487 | development of alternative water supplies. |
| 488 | (b) Beginning in fiscal year 2005-2006, the state shall |
| 489 | annually provide a portion of those revenues deposited into the |
| 490 | Water Protection and Sustainability Program Trust Fund for the |
| 491 | purpose of providing funding assistance for the development of |
| 492 | alternative water supplies pursuant to the Water Protection and |
| 493 | Sustainability Program. At the beginning of each fiscal year, |
| 494 | beginning with fiscal year 2005-2006, such revenues shall be |
| 495 | distributed by the department into the alternative water supply |
| 496 | trust fund accounts created by each district for the purpose of |
| 497 | alternative water supply development under the following funding |
| 498 | formula: |
| 499 | 1. Thirty percent to the South Florida Water Management |
| 500 | District; |
| 501 | 2. Twenty-five percent to the Southwest Florida Water |
| 502 | Management District; |
| 503 | 3. Twenty-five percent to the St. Johns River Water |
| 504 | Management District; |
| 505 | 4. Ten percent to the Suwannee River Water Management |
| 506 | District; and |
| 507 | 5. Ten percent to the Northwest Florida Water Management |
| 508 | District. |
| 509 | (c) The financial assistance for alternative water supply |
| 510 | projects allocated in each district's budget as required in |
| 511 | subsection (6) shall be combined with the state funds and used |
| 512 | to assist in funding the project construction costs of |
| 513 | alternative water supply projects selected by the governing |
| 514 | board. If the district has not completed any regional water |
| 515 | supply plan, or the regional water supply plan does not identify |
| 516 | the need for any alternative water supply projects, funds |
| 517 | deposited in that district's trust fund may be used for water |
| 518 | resource development projects, including, but not limited to, |
| 519 | springs protection. |
| 520 | (d) All projects submitted to the governing board for |
| 521 | consideration shall reflect the total capital cost for |
| 522 | implementation. The costs shall be segregated pursuant to the |
| 523 | categories described in the definition of capital costs. |
| 524 | (e) Applicants for projects that may receive funding |
| 525 | assistance pursuant to the Water Protection and Sustainability |
| 526 | Program shall, at a minimum, be required to pay 60 percent of |
| 527 | the project's construction costs. The water management districts |
| 528 | may, at their discretion, totally or partially waive this |
| 529 | requirement for projects sponsored by financially disadvantaged |
| 530 | small local governments as defined in former s. 403.885(5). The |
| 531 | water management districts or basin boards may, at their |
| 532 | discretion, use ad valorem or federal revenues to assist a |
| 533 | project applicant in meeting the requirements of this paragraph. |
| 534 | (f) The governing boards shall determine those projects |
| 535 | that will be selected for financial assistance. The governing |
| 536 | boards may establish factors to determine project funding; |
| 537 | however, significant weight shall be given to the following |
| 538 | factors: |
| 539 | 1. Whether the project provides substantial environmental |
| 540 | benefits by preventing or limiting adverse water resource |
| 541 | impacts. |
| 542 | 2. Whether the project reduces competition for water |
| 543 | supplies. |
| 544 | 3. Whether the project brings about replacement of |
| 545 | traditional sources in order to help implement a minimum flow or |
| 546 | level or a reservation. |
| 547 | 4. Whether the project will be implemented by a |
| 548 | consumptive use permittee that has achieved the targets |
| 549 | contained in a goal-based water conservation program approved |
| 550 | pursuant to s. 373.227. |
| 551 | 5. The quantity of water supplied by the project as |
| 552 | compared to its cost. |
| 553 | 6. Projects in which the construction and delivery to end |
| 554 | users of reuse water is a major component. |
| 555 | 7. Whether the project will be implemented by a |
| 556 | multijurisdictional water supply entity or regional water supply |
| 557 | authority. |
| 558 | 8. Whether the project implements reuse that assists in |
| 559 | the elimination of domestic wastewater ocean outfalls as |
| 560 | provided in s. 403.086(9). |
| 561 | (g) Additional factors to be considered in determining |
| 562 | project funding shall include: |
| 563 | 1. Whether the project is part of a plan to implement two |
| 564 | or more alternative water supply projects, all of which will be |
| 565 | operated to produce water at a uniform rate for the participants |
| 566 | in a multijurisdictional water supply entity or regional water |
| 567 | supply authority. |
| 568 | 2. The percentage of project costs to be funded by the |
| 569 | water supplier or water user. |
| 570 | 3. Whether the project proposal includes sufficient |
| 571 | preliminary planning and engineering to demonstrate that the |
| 572 | project can reasonably be implemented within the timeframes |
| 573 | provided in the regional water supply plan. |
| 574 | 4. Whether the project is a subsequent phase of an |
| 575 | alternative water supply project that is underway. |
| 576 | 5. Whether and in what percentage a local government or |
| 577 | local government utility is transferring water supply system |
| 578 | revenues to the local government general fund in excess of |
| 579 | reimbursements for services received from the general fund, |
| 580 | including direct and indirect costs and legitimate payments in |
| 581 | lieu of taxes. |
| 582 | (h) After conducting one or more meetings to solicit |
| 583 | public input on eligible projects, including input from those |
| 584 | entities identified pursuant to s. 373.709(2)(a)3.d. for |
| 585 | implementation of alternative water supply projects, the |
| 586 | governing board of each water management district shall select |
| 587 | projects for funding assistance based upon the criteria set |
| 588 | forth in paragraphs (f) and (g). The governing board may select |
| 589 | a project identified or listed as an alternative water supply |
| 590 | development project in the regional water supply plan, or |
| 591 | allocate up to 20 percent of the funding for alternative water |
| 592 | supply projects that are not identified or listed in the |
| 593 | regional water supply plan but are consistent with the goals of |
| 594 | the plan. |
| 595 | (i) Without diminishing amounts available through other |
| 596 | means described in this paragraph, the governing boards are |
| 597 | encouraged to consider establishing revolving loan funds to |
| 598 | expand the total funds available to accomplish the objectives of |
| 599 | this section. A revolving loan fund created under this paragraph |
| 600 | must be a nonlapsing fund from which the water management |
| 601 | district may make loans with interest rates below prevailing |
| 602 | market rates to public or private entities for the purposes |
| 603 | described in this section. The governing board may adopt |
| 604 | resolutions to establish revolving loan funds which must specify |
| 605 | the details of the administration of the fund, the procedures |
| 606 | for applying for loans from the fund, the criteria for awarding |
| 607 | loans from the fund, the initial capitalization of the fund, and |
| 608 | the goals for future capitalization of the fund in subsequent |
| 609 | budget years. Revolving loan funds created under this paragraph |
| 610 | must be used to expand the total sums and sources of cooperative |
| 611 | funding available for the development of alternative water |
| 612 | supplies. The Legislature does not intend for the creation of |
| 613 | revolving loan funds to supplant or otherwise reduce existing |
| 614 | sources or amounts of funds currently available through other |
| 615 | means. |
| 616 | (j) For each utility that receives financial assistance |
| 617 | from the state or a water management district for an alternative |
| 618 | water supply project, the water management district shall |
| 619 | require the appropriate rate-setting authority to develop rate |
| 620 | structures for water customers in the service area of the funded |
| 621 | utility that will: |
| 622 | 1. Promote the conservation of water; and |
| 623 | 2. Promote the use of water from alternative water |
| 624 | supplies. |
| 625 | (k) The governing boards shall establish a process for the |
| 626 | disbursal of revenues pursuant to this subsection. |
| 627 | (l) All revenues made available pursuant to this |
| 628 | subsection must be encumbered annually by the governing board |
| 629 | when it approves projects sufficient to expend the available |
| 630 | revenues. |
| 631 | (m) This subsection is not subject to the rulemaking |
| 632 | requirements of chapter 120. |
| 633 | (n) By March 1 of each year, as part of the consolidated |
| 634 | annual report required by s. 373.036(7), each water management |
| 635 | district shall submit a report on the disbursal of all budgeted |
| 636 | amounts pursuant to this section. Such report shall describe all |
| 637 | alternative water supply projects funded as well as the quantity |
| 638 | of new water to be created as a result of such projects and |
| 639 | shall account separately for any other moneys provided through |
| 640 | grants, matching grants, revolving loans, and the use of |
| 641 | district lands or facilities to implement regional water supply |
| 642 | plans. |
| 643 | (o) The Florida Public Service Commission shall allow |
| 644 | entities under its jurisdiction constructing or participating in |
| 645 | constructing facilities that provide alternative water supplies |
| 646 | to recover their full, prudently incurred cost of constructing |
| 647 | such facilities through their rate structure. If construction of |
| 648 | a facility or participation in construction is pursuant to or in |
| 649 | furtherance of a regional water supply plan, the cost shall be |
| 650 | deemed to be prudently incurred. Every component of an |
| 651 | alternative water supply facility constructed by an investor- |
| 652 | owned utility shall be recovered in current rates. Any state or |
| 653 | water management district cost-share is not subject to the |
| 654 | recovery provisions allowed in this paragraph. |
| 655 | (9) Funding assistance provided by the water management |
| 656 | districts for a water reuse system may include the following |
| 657 | conditions for that project if a water management district |
| 658 | determines that such conditions will encourage water use |
| 659 | efficiency: |
| 660 | (a) Metering of reclaimed water use for residential |
| 661 | irrigation, agricultural irrigation, industrial uses, except for |
| 662 | electric utilities as defined in s. 366.02(2), landscape |
| 663 | irrigation, golf course irrigation, irrigation of other public |
| 664 | access areas, commercial and institutional uses such as toilet |
| 665 | flushing, and transfers to other reclaimed water utilities; |
| 666 | (b) Implementation of reclaimed water rate structures |
| 667 | based on actual use of reclaimed water for the reuse activities |
| 668 | listed in paragraph (a); |
| 669 | (c) Implementation of education programs to inform the |
| 670 | public about water issues, water conservation, and the |
| 671 | importance and proper use of reclaimed water; or |
| 672 | (d) Development of location data for key reuse facilities. |
| 673 | 373.709 Regional water supply planning.- |
| 674 | (1) The governing board of each water management district |
| 675 | shall conduct water supply planning for any water supply |
| 676 | planning region within the district identified in the |
| 677 | appropriate district water supply plan under s. 373.036, where |
| 678 | it determines that existing sources of water are not adequate to |
| 679 | supply water for all existing and future reasonable-beneficial |
| 680 | uses and to sustain the water resources and related natural |
| 681 | systems for the planning period. The planning must be conducted |
| 682 | in an open public process, in coordination and cooperation with |
| 683 | local governments, regional water supply authorities, |
| 684 | government-owned and privately owned water utilities, |
| 685 | multijurisdictional water supply entities, self-suppliers, and |
| 686 | other affected and interested parties. The districts shall |
| 687 | actively engage in public education and outreach to all affected |
| 688 | local entities and their officials, as well as members of the |
| 689 | public, in the planning process and in seeking input. During |
| 690 | preparation, but prior to completion of the regional water |
| 691 | supply plan, the district must conduct at least one public |
| 692 | workshop to discuss the technical data and modeling tools |
| 693 | anticipated to be used to support the regional water supply |
| 694 | plan. The district shall also hold several public meetings to |
| 695 | communicate the status, overall conceptual intent, and impacts |
| 696 | of the plan on existing and future reasonable-beneficial uses |
| 697 | and related natural systems. During the planning process, a |
| 698 | local government may choose to prepare its own water supply |
| 699 | assessment to determine if existing water sources are adequate |
| 700 | to meet existing and projected reasonable-beneficial needs of |
| 701 | the local government while sustaining water resources and |
| 702 | related natural systems. The local government shall submit such |
| 703 | assessment, including the data and methodology used, to the |
| 704 | district. The district shall consider the local government's |
| 705 | assessment during the formation of the plan. A determination by |
| 706 | the governing board that initiation of a regional water supply |
| 707 | plan for a specific planning region is not needed pursuant to |
| 708 | this section shall be subject to s. 120.569. The governing board |
| 709 | shall reevaluate such a determination at least once every 5 |
| 710 | years and shall initiate a regional water supply plan, if |
| 711 | needed, pursuant to this subsection. |
| 712 | (2) Each regional water supply plan shall be based on at |
| 713 | least a 20-year planning period and shall include, but need not |
| 714 | be limited to: |
| 715 | (a) A water supply development component for each water |
| 716 | supply planning region identified by the district which |
| 717 | includes: |
| 718 | 1. A quantification of the water supply needs for all |
| 719 | existing and future reasonable-beneficial uses within the |
| 720 | planning horizon. The level-of-certainty planning goal |
| 721 | associated with identifying the water supply needs of existing |
| 722 | and future reasonable-beneficial uses shall be based upon |
| 723 | meeting those needs for a 1-in-10-year drought event. Population |
| 724 | projections used for determining public water supply needs must |
| 725 | be based upon the best available data. In determining the best |
| 726 | available data, the district shall consider the University of |
| 727 | Florida's Bureau of Economic and Business Research (BEBR) medium |
| 728 | population projections and any population projection data and |
| 729 | analysis submitted by a local government pursuant to the public |
| 730 | workshop described in subsection (1) if the data and analysis |
| 731 | support the local government's comprehensive plan. Any |
| 732 | adjustment of or deviation from the BEBR projections must be |
| 733 | fully described, and the original BEBR data must be presented |
| 734 | along with the adjusted data. |
| 735 | 2. A list of water supply development project options, |
| 736 | including traditional and alternative water supply project |
| 737 | options, from which local government, government-owned and |
| 738 | privately owned utilities, regional water supply authorities, |
| 739 | multijurisdictional water supply entities, self-suppliers, and |
| 740 | others may choose for water supply development. In addition to |
| 741 | projects listed by the district, such users may propose specific |
| 742 | projects for inclusion in the list of alternative water supply |
| 743 | projects. If such users propose a project to be listed as an |
| 744 | alternative water supply project, the district shall determine |
| 745 | whether it meets the goals of the plan, and, if so, it shall be |
| 746 | included in the list. The total capacity of the projects |
| 747 | included in the plan shall exceed the needs identified in |
| 748 | subparagraph 1. and shall take into account water conservation |
| 749 | and other demand management measures, as well as water resources |
| 750 | constraints, including adopted minimum flows and levels and |
| 751 | water reservations. Where the district determines it is |
| 752 | appropriate, the plan should specifically identify the need for |
| 753 | multijurisdictional approaches to project options that, based on |
| 754 | planning level analysis, are appropriate to supply the intended |
| 755 | uses and that, based on such analysis, appear to be permittable |
| 756 | and financially and technically feasible. The list of water |
| 757 | supply development options must contain provisions that |
| 758 | recognize that alternative water supply options for agricultural |
| 759 | self-suppliers are limited. |
| 760 | 3. For each project option identified in subparagraph 2., |
| 761 | the following shall be provided: |
| 762 | a. An estimate of the amount of water to become available |
| 763 | through the project. |
| 764 | b. The timeframe in which the project option should be |
| 765 | implemented and the estimated planning-level costs for capital |
| 766 | investment and operating and maintaining the project. |
| 767 | c. An analysis of funding needs and sources of possible |
| 768 | funding options. For alternative water supply projects the water |
| 769 | management districts shall provide funding assistance in |
| 770 | accordance with s. 373.707(8). |
| 771 | d. Identification of the entity that should implement each |
| 772 | project option and the current status of project implementation. |
| 773 | (b) A water resource development component that includes: |
| 774 | 1. A listing of those water resource development projects |
| 775 | that support water supply development. |
| 776 | 2. For each water resource development project listed: |
| 777 | a. An estimate of the amount of water to become available |
| 778 | through the project. |
| 779 | b. The timeframe in which the project option should be |
| 780 | implemented and the estimated planning-level costs for capital |
| 781 | investment and for operating and maintaining the project. |
| 782 | c. An analysis of funding needs and sources of possible |
| 783 | funding options. |
| 784 | d. Identification of the entity that should implement each |
| 785 | project option and the current status of project implementation. |
| 786 | (c) The recovery and prevention strategy described in s. |
| 787 | 373.0421(2). |
| 788 | (d) A funding strategy for water resource development |
| 789 | projects, which shall be reasonable and sufficient to pay the |
| 790 | cost of constructing or implementing all of the listed projects. |
| 791 | (e) Consideration of how the project options addressed in |
| 792 | paragraph (a) serve the public interest or save costs overall by |
| 793 | preventing the loss of natural resources or avoiding greater |
| 794 | future expenditures for water resource development or water |
| 795 | supply development. However, unless adopted by rule, these |
| 796 | considerations do not constitute final agency action. |
| 797 | (f) The technical data and information applicable to each |
| 798 | planning region which are necessary to support the regional |
| 799 | water supply plan. |
| 800 | (g) The minimum flows and levels established for water |
| 801 | resources within each planning region. |
| 802 | (h) Reservations of water adopted by rule pursuant to s. |
| 803 | 373.223(4) within each planning region. |
| 804 | (i) Identification of surface waters or aquifers for which |
| 805 | minimum flows and levels are scheduled to be adopted. |
| 806 | (j) An analysis, developed in cooperation with the |
| 807 | department, of areas or instances in which the variance |
| 808 | provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to |
| 809 | create water supply development or water resource development |
| 810 | projects. |
| 811 | (3) The water supply development component of a regional |
| 812 | water supply plan which deals with or affects public utilities |
| 813 | and public water supply for those areas served by a regional |
| 814 | water supply authority and its member governments within the |
| 815 | boundary of the Southwest Florida Water Management District |
| 816 | shall be developed jointly by the authority and the district. In |
| 817 | areas not served by regional water supply authorities, or other |
| 818 | multijurisdictional water supply entities, and where |
| 819 | opportunities exist to meet water supply needs more efficiently |
| 820 | through multijurisdictional projects identified pursuant to |
| 821 | paragraph (2)(a), water management districts are directed to |
| 822 | assist in developing multijurisdictional approaches to water |
| 823 | supply project development jointly with affected water |
| 824 | utilities, special districts, and local governments. |
| 825 | (4) The South Florida Water Management District shall |
| 826 | include in its regional water supply plan water resource and |
| 827 | water supply development projects that promote the elimination |
| 828 | of wastewater ocean outfalls as provided in s. 403.086(9). |
| 829 | (5) Governing board approval of a regional water supply |
| 830 | plan shall not be subject to the rulemaking requirements of |
| 831 | chapter 120. However, any portion of an approved regional water |
| 832 | supply plan which affects the substantial interests of a party |
| 833 | shall be subject to s. 120.569. |
| 834 | (6) Annually and in conjunction with the reporting |
| 835 | requirements of s. 373.536(6)(a)4., the department shall submit |
| 836 | to the Governor and the Legislature a report on the status of |
| 837 | regional water supply planning in each district. The report |
| 838 | shall include: |
| 839 | (a) A compilation of the estimated costs of and potential |
| 840 | sources of funding for water resource development and water |
| 841 | supply development projects as identified in the water |
| 842 | management district regional water supply plans. |
| 843 | (b) The percentage and amount, by district, of district ad |
| 844 | valorem tax revenues or other district funds made available to |
| 845 | develop alternative water supplies. |
| 846 | (c) A description of each district's progress toward |
| 847 | achieving its water resource development objectives, including |
| 848 | the district's implementation of its 5-year water resource |
| 849 | development work program. |
| 850 | (d) An assessment of the specific progress being made to |
| 851 | implement each alternative water supply project option chosen by |
| 852 | the entities and identified for implementation in the plan. |
| 853 | (e) An overall assessment of the progress being made to |
| 854 | develop water supply in each district, including, but not |
| 855 | limited to, an explanation of how each project, either |
| 856 | alternative or traditional, will produce, contribute to, or |
| 857 | account for additional water being made available for |
| 858 | consumptive uses, an estimate of the quantity of water to be |
| 859 | produced by each project, and an assessment of the contribution |
| 860 | of the district's regional water supply plan in providing |
| 861 | sufficient water to meet the needs of existing and future |
| 862 | reasonable-beneficial uses for a 1-in-10 year drought event, as |
| 863 | well as the needs of the natural systems. |
| 864 | (7) Nothing contained in the water supply development |
| 865 | component of a regional water supply plan shall be construed to |
| 866 | require local governments, government-owned or privately owned |
| 867 | water utilities, special districts, self-suppliers, regional |
| 868 | water supply authorities, multijurisdictional water supply |
| 869 | entities, or other water suppliers to select a water supply |
| 870 | development project identified in the component merely because |
| 871 | it is identified in the plan. Except as provided in s. |
| 872 | 373.223(3) and (5), the plan may not be used in the review of |
| 873 | permits under part II of this chapter unless the plan or an |
| 874 | applicable portion thereof has been adopted by rule. However, |
| 875 | this subsection does not prohibit a water management district |
| 876 | from employing the data or other information used to establish |
| 877 | the plan in reviewing permits under part II, nor does it limit |
| 878 | the authority of the department or governing board under part |
| 879 | II. |
| 880 | (8) Where the water supply component of a water supply |
| 881 | planning region shows the need for one or more alternative water |
| 882 | supply projects, the district shall notify the affected local |
| 883 | governments and make every reasonable effort to educate and |
| 884 | involve local public officials in working toward solutions in |
| 885 | conjunction with the districts and, where appropriate, other |
| 886 | local and regional water supply entities. |
| 887 | (a) Within 6 months following approval or amendment of its |
| 888 | regional water supply plan, each water management district shall |
| 889 | notify by certified mail each entity identified in sub- |
| 890 | subparagraph (2)(a)3.d. of that portion of the plan relevant to |
| 891 | the entity. Upon request of such an entity, the water management |
| 892 | district shall appear before and present its findings and |
| 893 | recommendations to the entity. |
| 894 | (b) Within 1 year after the notification by a water |
| 895 | management district pursuant to paragraph (a), each entity |
| 896 | identified in sub-subparagraph (2)(a)3.d. shall provide to the |
| 897 | water management district written notification of the following: |
| 898 | the alternative water supply projects or options identified in |
| 899 | paragraph (2)(a) which it has developed or intends to develop, |
| 900 | if any; an estimate of the quantity of water to be produced by |
| 901 | each project; and the status of project implementation, |
| 902 | including development of the financial plan, facilities master |
| 903 | planning, permitting, and efforts in coordinating |
| 904 | multijurisdictional projects, if applicable. The information |
| 905 | provided in the notification shall be updated annually, and a |
| 906 | progress report shall be provided by November 15 of each year to |
| 907 | the water management district. If an entity does not intend to |
| 908 | develop one or more of the alternative water supply project |
| 909 | options identified in the regional water supply plan, the entity |
| 910 | shall propose, within 1 year after notification by a water |
| 911 | management district pursuant to paragraph (a), another |
| 912 | alternative water supply project option sufficient to address |
| 913 | the needs identified in paragraph (2)(a) within the entity's |
| 914 | jurisdiction and shall provide an estimate of the quantity of |
| 915 | water to be produced by the project and the status of project |
| 916 | implementation as described in this paragraph. The entity may |
| 917 | request that the water management district consider the other |
| 918 | project for inclusion in the regional water supply plan. |
| 919 | (9) For any regional water supply plan that is scheduled |
| 920 | to be updated before December 31, 2005, the deadline for such |
| 921 | update shall be extended by 1 year. |
| 922 | 373.711 Technical assistance to local governments.- |
| 923 | (1) The water management districts shall assist local |
| 924 | governments in the development and future revision of local |
| 925 | government comprehensive plan elements or public facilities |
| 926 | report as required by s. 189.415, related to water resource |
| 927 | issues. |
| 928 | (2) By July 1, 1991, each water management district shall |
| 929 | prepare and provide information and data to assist local |
| 930 | governments in the preparation and implementation of their local |
| 931 | government comprehensive plans or public facilities report as |
| 932 | required by s. 189.415, whichever is applicable. Such |
| 933 | information and data shall include, but not be limited to: |
| 934 | (a) All information and data required in a public |
| 935 | facilities report pursuant to s. 189.415. |
| 936 | (b) A description of regulations, programs, and schedules |
| 937 | implemented by the district. |
| 938 | (c) Identification of regulations, programs, and schedules |
| 939 | undertaken or proposed by the district to further the State |
| 940 | Comprehensive Plan. |
| 941 | (d) A description of surface water basins, including |
| 942 | regulatory jurisdictions, flood-prone areas, existing and |
| 943 | projected water quality in water management district operated |
| 944 | facilities, as well as surface water runoff characteristics and |
| 945 | topography regarding flood plains, wetlands, and recharge areas. |
| 946 | (e) A description of groundwater characteristics, |
| 947 | including existing and planned wellfield sites, existing and |
| 948 | anticipated cones of influence, highly productive groundwater |
| 949 | areas, aquifer recharge areas, deep well injection zones, |
| 950 | contaminated areas, an assessment of regional water resource |
| 951 | needs and sources for the next 20 years, and water quality. |
| 952 | (f) The identification of existing and potential water |
| 953 | management district land acquisitions. |
| 954 | (g) Information reflecting the minimum flows for surface |
| 955 | watercourses to avoid harm to water resources or the ecosystem |
| 956 | and information reflecting the minimum water levels for aquifers |
| 957 | to avoid harm to water resources or the ecosystem. |
| 958 | 373.713 Regional water supply authorities.- |
| 959 | (1) By interlocal agreement between counties, |
| 960 | municipalities, or special districts, as applicable, pursuant to |
| 961 | the Florida Interlocal Cooperation Act of 1969, s. 163.01, and |
| 962 | upon the approval of the Secretary of Environmental Protection |
| 963 | to ensure that such agreement will be in the public interest and |
| 964 | complies with the intent and purposes of this act, regional |
| 965 | water supply authorities may be created for the purpose of |
| 966 | developing, recovering, storing, and supplying water for county |
| 967 | or municipal purposes in such a manner as will give priority to |
| 968 | reducing adverse environmental effects of excessive or improper |
| 969 | withdrawals of water from concentrated areas. In approving said |
| 970 | agreement the Secretary of Environmental Protection shall |
| 971 | consider, but not be limited to, the following: |
| 972 | (a) Whether the geographic territory of the proposed |
| 973 | authority is of sufficient size and character to reduce the |
| 974 | environmental effects of improper or excessive withdrawals of |
| 975 | water from concentrated areas. |
| 976 | (b) The maximization of economic development of the water |
| 977 | resources within the territory of the proposed authority. |
| 978 | (c) The availability of a dependable and adequate water |
| 979 | supply. |
| 980 | (d) The ability of any proposed authority to design, |
| 981 | construct, operate, and maintain water supply facilities in the |
| 982 | locations, and at the times necessary, to ensure that an |
| 983 | adequate water supply will be available to all citizens within |
| 984 | the authority. |
| 985 | (e) The effect or impact of any proposed authority on any |
| 986 | municipality, county, or existing authority or authorities. |
| 987 | (f) The existing needs of the water users within the area |
| 988 | of the authority. |
| 989 | (2) In addition to other powers and duties agreed upon, |
| 990 | and notwithstanding the provisions of s. 163.01, such authority |
| 991 | may: |
| 992 | (a) Upon approval of the electors residing in each county |
| 993 | or municipality within the territory to be included in any |
| 994 | authority, levy ad valorem taxes, not to exceed 0.5 mill, |
| 995 | pursuant to s. 9(b), Art. VII of the State Constitution. No tax |
| 996 | authorized by this paragraph shall be levied in any county or |
| 997 | municipality without an affirmative vote of the electors |
| 998 | residing in such county or municipality. |
| 999 | (b) Acquire water and water rights; develop, store, and |
| 1000 | transport water; provide, sell, and deliver water for county or |
| 1001 | municipal uses and purposes; and provide for the furnishing of |
| 1002 | such water and water service upon terms and conditions and at |
| 1003 | rates which will apportion to parties and nonparties an |
| 1004 | equitable share of the capital cost and operating expense of the |
| 1005 | authority's work to the purchaser. |
| 1006 | (c) Collect, treat, and recover wastewater. |
| 1007 | (d) Not engage in local distribution. |
| 1008 | (e) Exercise the power of eminent domain in the manner |
| 1009 | provided by law for the condemnation of private property for |
| 1010 | public use to acquire title to such interest in real property as |
| 1011 | is necessary to the exercise of the powers herein granted, |
| 1012 | except water and water rights already devoted to reasonable and |
| 1013 | beneficial use or any water production or transmission |
| 1014 | facilities owned by any county or municipality. |
| 1015 | (f) Issue revenue bonds in the manner prescribed by the |
| 1016 | Revenue Bond Act of 1953, as amended, part I, chapter 159, to be |
| 1017 | payable solely from funds derived from the sale of water by the |
| 1018 | authority to any county or municipality. Such bonds may be |
| 1019 | additionally secured by the full faith and credit of any county |
| 1020 | or municipality, as provided by s. 159.16 or by a pledge of |
| 1021 | excise taxes, as provided by s. 159.19. For the purpose of |
| 1022 | issuing revenue bonds, an authority shall be considered a "unit" |
| 1023 | as defined in s. 159.02(2) and as that term is used in the |
| 1024 | Revenue Bond Act of 1953, as amended. Such bonds may be issued |
| 1025 | to finance the cost of acquiring properties and facilities for |
| 1026 | the production and transmission of water by the authority to any |
| 1027 | county or municipality, which cost shall include the acquisition |
| 1028 | of real property and easements therein for such purposes. Such |
| 1029 | bonds may be in the form of refunding bonds to take up any |
| 1030 | outstanding bonds of the authority or of any county or |
| 1031 | municipality where such outstanding bonds are secured by |
| 1032 | properties and facilities for production and transmission of |
| 1033 | water, which properties and facilities are being acquired by the |
| 1034 | authority. Refunding bonds may be issued to take up and refund |
| 1035 | all outstanding bonds of said authority that are subject to call |
| 1036 | and termination, and all bonds of said authority that are not |
| 1037 | subject to call or redemption, when the surrender of said bonds |
| 1038 | can be procured from the holder thereof at prices satisfactory |
| 1039 | to the authority. Such refunding bonds may be issued at any time |
| 1040 | when, in the judgment of the authority, it will be to the best |
| 1041 | interest of the authority financially or economically by |
| 1042 | securing a lower rate of interest on said bonds or by extending |
| 1043 | the time of maturity of said bonds or, for any other reason, in |
| 1044 | the judgment of the authority, advantageous to said authority. |
| 1045 | (g) Sue and be sued in its own name. |
| 1046 | (h) Borrow money and incur indebtedness and issue bonds or |
| 1047 | other evidence of such indebtedness. |
| 1048 | (i) Join with one or more other public corporations for |
| 1049 | the purpose of carrying out any of its powers and for that |
| 1050 | purpose to contract with such other public corporation or |
| 1051 | corporations for the purpose of financing such acquisitions, |
| 1052 | construction, and operations. Such contracts may provide for |
| 1053 | contributions to be made by each party thereto, for the division |
| 1054 | and apportionment of the expenses of such acquisitions and |
| 1055 | operations, and for the division and apportionment of the |
| 1056 | benefits, services, and products therefrom. Such contract may |
| 1057 | contain such other and further covenants and agreements as may |
| 1058 | be necessary and convenient to accomplish the purposes hereof. |
| 1059 | (3) A regional water supply authority is authorized to |
| 1060 | develop, construct, operate, maintain, or contract for |
| 1061 | alternative sources of potable water, including desalinated |
| 1062 | water, and pipelines to interconnect authority sources and |
| 1063 | facilities, either by itself or jointly with a water management |
| 1064 | district; however, such alternative potable water sources, |
| 1065 | facilities, and pipelines may also be privately developed, |
| 1066 | constructed, owned, operated, and maintained, in which event an |
| 1067 | authority and a water management district are authorized to |
| 1068 | pledge and contribute their funds to reduce the wholesale cost |
| 1069 | of water from such alternative sources of potable water supplied |
| 1070 | by an authority to its member governments. |
| 1071 | (4) When it is found to be in the public interest, for the |
| 1072 | public convenience and welfare, for a public benefit, and |
| 1073 | necessary for carrying out the purpose of any regional water |
| 1074 | supply authority, any state agency, county, water control |
| 1075 | district existing pursuant to chapter 298, water management |
| 1076 | district existing pursuant to this chapter, municipality, |
| 1077 | governmental agency, or public corporation in this state holding |
| 1078 | title to any interest in land is hereby authorized, in its |
| 1079 | discretion, to convey the title to or dedicate land, title to |
| 1080 | which is in such entity, including tax-reverted land, or to |
| 1081 | grant use-rights therein, to any regional water supply authority |
| 1082 | created pursuant to this section. Land granted or conveyed to |
| 1083 | such authority shall be for the public purposes of such |
| 1084 | authority and may be made subject to the condition that in the |
| 1085 | event said land is not so used, or if used and subsequently its |
| 1086 | use for said purpose is abandoned, the interest granted shall |
| 1087 | cease as to such authority and shall automatically revert to the |
| 1088 | granting entity. |
| 1089 | (5) Each county, special district, or municipality that is |
| 1090 | a party to an agreement pursuant to subsection (1) shall have a |
| 1091 | preferential right to purchase water from the regional water |
| 1092 | supply authority for use by such county, special district, or |
| 1093 | municipality. |
| 1094 | (6) In carrying out the provisions of this section, any |
| 1095 | county wherein water is withdrawn by the authority shall not be |
| 1096 | deprived, directly or indirectly, of the prior right to the |
| 1097 | reasonable and beneficial use of water which is required |
| 1098 | adequately to supply the reasonable and beneficial needs of the |
| 1099 | county or any of the inhabitants or property owners therein. |
| 1100 | (7) Upon a resolution adopted by the governing body of any |
| 1101 | county or municipality, the authority may, subject to a majority |
| 1102 | vote of its voting members, include such county or municipality |
| 1103 | in its regional water supply authority upon such terms and |
| 1104 | conditions as may be prescribed. |
| 1105 | (8) The authority shall design, construct, operate, and |
| 1106 | maintain facilities in the locations and at the times necessary |
| 1107 | to ensure that an adequate water supply will be available to all |
| 1108 | citizens within the authority. |
| 1109 | (9) Where a water supply authority exists pursuant to this |
| 1110 | section or s. 373.715 under a voluntary interlocal agreement |
| 1111 | that is consistent with requirements in s. 373.715(1)(b) and |
| 1112 | receives or maintains consumptive use permits under this |
| 1113 | voluntary agreement consistent with the water supply plan, if |
| 1114 | any, adopted by the governing board, such authority shall be |
| 1115 | exempt from consideration by the governing board or department |
| 1116 | of the factors specified in s. 373.223(3)(a)-(g) and the |
| 1117 | submissions required by s. 373.229(3). Such exemptions shall |
| 1118 | apply only to water sources within the jurisdictional areas of |
| 1119 | such voluntary water supply interlocal agreements. |
| 1120 | 373.715 Assistance to West Coast Regional Water Supply |
| 1121 | Authority.- |
| 1122 | (1) It is the intent of the Legislature to authorize the |
| 1123 | implementation of changes in governance recommended by the West |
| 1124 | Coast Regional Water Supply Authority in its reports to the |
| 1125 | Legislature dated February 1, 1997, and January 5, 1998. The |
| 1126 | authority and its member governments may reconstitute the |
| 1127 | authority's governance and rename the authority under a |
| 1128 | voluntary interlocal agreement with a term of not less than 20 |
| 1129 | years. The interlocal agreement must comply with this subsection |
| 1130 | as follows: |
| 1131 | (a) The authority and its member governments agree that |
| 1132 | cooperative efforts are mandatory to meet their water needs in a |
| 1133 | manner that will provide adequate and dependable supplies of |
| 1134 | water where needed without resulting in adverse environmental |
| 1135 | effects upon the areas from which the water is withdrawn or |
| 1136 | otherwise produced. |
| 1137 | (b) In accordance with s. 4, Art. VIII of the State |
| 1138 | Constitution and notwithstanding s. 163.01, the interlocal |
| 1139 | agreement may include the following terms, which are considered |
| 1140 | approved by the parties without a vote of their electors, upon |
| 1141 | execution of the interlocal agreement by all member governments |
| 1142 | and upon satisfaction of all conditions precedent in the |
| 1143 | interlocal agreement: |
| 1144 | 1. All member governments shall relinquish to the |
| 1145 | authority their individual rights to develop potable water |
| 1146 | supply sources, except as otherwise provided in the interlocal |
| 1147 | agreement; |
| 1148 | 2. The authority shall be the sole and exclusive wholesale |
| 1149 | potable water supplier for all member governments; and |
| 1150 | 3. The authority shall have the absolute and unequivocal |
| 1151 | obligation to meet the wholesale needs of the member governments |
| 1152 | for potable water. |
| 1153 | 4. A member government may not restrict or prohibit the |
| 1154 | use of land within a member's jurisdictional boundaries by the |
| 1155 | authority for water supply purposes through use of zoning, land |
| 1156 | use, comprehensive planning, or other form of regulation. |
| 1157 | 5. A member government may not impose any tax, fee, or |
| 1158 | charge upon the authority in conjunction with the production or |
| 1159 | supply of water not otherwise provided for in the interlocal |
| 1160 | agreement. |
| 1161 | 6. The authority may use the powers provided in part II of |
| 1162 | chapter 159 for financing and refinancing water treatment, |
| 1163 | production, or transmission facilities, including, but not |
| 1164 | limited to, desalinization facilities. All such water treatment, |
| 1165 | production, or transmission facilities are considered a |
| 1166 | "manufacturing plant" for purposes of s. 159.27(5) and serve a |
| 1167 | paramount public purpose by providing water to citizens of the |
| 1168 | state. |
| 1169 | 7. A member government and any governmental or quasi- |
| 1170 | judicial board or commission established by local ordinance or |
| 1171 | general or special law where the governing membership of such |
| 1172 | board or commission is shared, in whole or in part, or appointed |
| 1173 | by a member government agreeing to be bound by the interlocal |
| 1174 | agreement shall be limited to the procedures set forth therein |
| 1175 | regarding actions that directly or indirectly restrict or |
| 1176 | prohibit the use of lands or other activities related to the |
| 1177 | production or supply of water. |
| 1178 | (c) The authority shall acquire full or lesser interests |
| 1179 | in all regionally significant member government wholesale water |
| 1180 | supply facilities and tangible assets and each member government |
| 1181 | shall convey such interests in the facilities and assets to the |
| 1182 | authority, at an agreed value. |
| 1183 | (d) The authority shall charge a uniform per gallon |
| 1184 | wholesale rate to member governments for the wholesale supply of |
| 1185 | potable water. All capital, operation, maintenance, and |
| 1186 | administrative costs for existing facilities and acquired |
| 1187 | facilities, authority master water plan facilities, and other |
| 1188 | future projects must be allocated to member governments based on |
| 1189 | water usage at the uniform per gallon wholesale rate. |
| 1190 | (e) The interlocal agreement may include procedures for |
| 1191 | resolving the parties' differences regarding water management |
| 1192 | district proposed agency action in the water use permitting |
| 1193 | process within the authority. Such procedures should minimize |
| 1194 | the potential for litigation and include alternative dispute |
| 1195 | resolution. Any governmental or quasi-judicial board or |
| 1196 | commission established by local ordinance or general or special |
| 1197 | law where the governing members of such board or commission is |
| 1198 | shared, in whole or in part, or appointed by a member |
| 1199 | government, may agree to be bound by the dispute resolution |
| 1200 | procedures set forth in the interlocal agreement. |
| 1201 | (f) Upon execution of the voluntary interlocal agreement |
| 1202 | provided for herein, the authority shall jointly develop with |
| 1203 | the Southwest Florida Water Management District alternative |
| 1204 | sources of potable water and transmission pipelines to |
| 1205 | interconnect regionally significant water supply sources and |
| 1206 | facilities of the authority in amounts sufficient to meet the |
| 1207 | needs of all member governments for a period of at least 20 |
| 1208 | years and for natural systems. Nothing herein, however, shall |
| 1209 | preclude the authority and its member governments from |
| 1210 | developing traditional water sources pursuant to the voluntary |
| 1211 | interlocal agreement. Development and construction costs for |
| 1212 | alternative source facilities, which may include a desalination |
| 1213 | facility and significant regional interconnects, must be borne |
| 1214 | as mutually agreed to by both the authority and the Southwest |
| 1215 | Florida Water Management District. Nothing herein shall preclude |
| 1216 | authority or district cost sharing with private entities for the |
| 1217 | construction or ownership of alternative source facilities. By |
| 1218 | December 31, 1997, the authority and the Southwest Florida Water |
| 1219 | Management District shall enter into a mutually acceptable |
| 1220 | agreement detailing the development and implementation of |
| 1221 | directives contained in this paragraph. Nothing in this section |
| 1222 | shall be construed to modify the rights or responsibilities of |
| 1223 | the authority or its member governments, except as otherwise |
| 1224 | provided herein, or of the Southwest Florida Water Management |
| 1225 | District or the department pursuant to this chapter or chapter |
| 1226 | 403 and as otherwise set forth by statutes. |
| 1227 | (g) Unless otherwise provided in the interlocal agreement, |
| 1228 | the authority shall be governed by a board of commissioners |
| 1229 | consisting of nine voting members, all of whom must be elected |
| 1230 | officers, as follows: |
| 1231 | 1. Three members from Hillsborough County who must be |
| 1232 | selected by the county commission; provided, however, that one |
| 1233 | member shall be selected by the Mayor of Tampa in the event that |
| 1234 | the City of Tampa elects to be a member of the authority; |
| 1235 | 2. Three members from Pasco County, two of whom must be |
| 1236 | selected by the county commission and one of whom must be |
| 1237 | selected by the City Council of New Port Richey; |
| 1238 | 3. Three members from Pinellas County, two of whom must be |
| 1239 | selected by the county commission and one of whom must be |
| 1240 | selected by the City Council of St. Petersburg. |
| 1241 |
|
| 1242 | Except as otherwise provided in this section or in the voluntary |
| 1243 | interlocal agreement between the member governments, a majority |
| 1244 | vote shall bind the authority and its member governments in all |
| 1245 | matters relating to the funding of wholesale water supply, |
| 1246 | production, delivery, and related activities. |
| 1247 | (2) The provisions of this section supersede any |
| 1248 | conflicting provisions contained in all other general or special |
| 1249 | laws or provisions thereof as they may apply directly or |
| 1250 | indirectly to the exclusivity of water supply or withdrawal of |
| 1251 | water, including provisions relating to the environmental |
| 1252 | effects, if any, in conjunction with the production and supply |
| 1253 | of potable water, and the provisions of this section are |
| 1254 | intended to be a complete revision of all laws related to a |
| 1255 | regional water supply authority created under s. 373.713 and |
| 1256 | this section. |
| 1257 | (3) In lieu of the provisions in s. 373.713(2)(a), the |
| 1258 | Southwest Florida Water Management District shall assist the |
| 1259 | West Coast Regional Water Supply Authority for a period of 5 |
| 1260 | years, terminating December 31, 1981, by levying an ad valorem |
| 1261 | tax, upon request of the authority, of not more than 0.05 mill |
| 1262 | on all taxable property within the limits of the authority. |
| 1263 | During such period the corresponding basin board ad valorem tax |
| 1264 | levies shall be reduced accordingly. |
| 1265 | (4) The authority shall prepare its annual budget in the |
| 1266 | same manner as prescribed for the preparation of basin budgets, |
| 1267 | but such authority budget shall not be subject to review by the |
| 1268 | respective basin boards or by the governing board of the |
| 1269 | district. |
| 1270 | (5) The annual millage for the authority shall be the |
| 1271 | amount required to raise the amount called for by the annual |
| 1272 | budget when applied to the total assessment on all taxable |
| 1273 | property within the limits of the authority, as determined for |
| 1274 | county taxing purposes. |
| 1275 | (6) The authority may, by resolution, request the |
| 1276 | governing board of the district to levy ad valorem taxes within |
| 1277 | the boundaries of the authority. Upon receipt of such request, |
| 1278 | together with formal certification of the adoption of its annual |
| 1279 | budget and of the required tax levy, the authority tax levy |
| 1280 | shall be made by the governing board of the district to finance |
| 1281 | authority functions. |
| 1282 | (7) The taxes provided for in this section shall be |
| 1283 | extended by the property appraiser on the county tax roll in |
| 1284 | each county within, or partly within, the authority boundaries |
| 1285 | and shall be collected by the tax collector in the same manner |
| 1286 | and time as county taxes, and the proceeds therefrom paid to the |
| 1287 | district which shall forthwith pay them over to the authority. |
| 1288 | Until paid, such taxes shall be a lien on the property against |
| 1289 | which assessed and enforceable in like manner as county taxes. |
| 1290 | The property appraisers, tax collectors, and clerks of the |
| 1291 | circuit court of the respective counties shall be entitled to |
| 1292 | compensation for services performed in connection with such |
| 1293 | taxes at the same rates as apply to county taxes. |
| 1294 | (8) The governing board of the district shall not be |
| 1295 | responsible for any actions or lack of actions by the authority. |
| 1296 | Section 2. Subsection (13) of section 120.52, Florida |
| 1297 | Statutes, is amended to read: |
| 1298 | 120.52 Definitions.-As used in this act: |
| 1299 | (13) "Party" means: |
| 1300 | (a) Specifically named persons whose substantial interests |
| 1301 | are being determined in the proceeding. |
| 1302 | (b) Any other person who, as a matter of constitutional |
| 1303 | right, provision of statute, or provision of agency regulation, |
| 1304 | is entitled to participate in whole or in part in the |
| 1305 | proceeding, or whose substantial interests will be affected by |
| 1306 | proposed agency action, and who makes an appearance as a party. |
| 1307 | (c) Any other person, including an agency staff member, |
| 1308 | allowed by the agency to intervene or participate in the |
| 1309 | proceeding as a party. An agency may by rule authorize limited |
| 1310 | forms of participation in agency proceedings for persons who are |
| 1311 | not eligible to become parties. |
| 1312 | (d) Any county representative, agency, department, or unit |
| 1313 | funded and authorized by state statute or county ordinance to |
| 1314 | represent the interests of the consumers of a county, when the |
| 1315 | proceeding involves the substantial interests of a significant |
| 1316 | number of residents of the county and the board of county |
| 1317 | commissioners has, by resolution, authorized the representative, |
| 1318 | agency, department, or unit to represent the class of interested |
| 1319 | persons. The authorizing resolution shall apply to a specific |
| 1320 | proceeding and to appeals and ancillary proceedings thereto, and |
| 1321 | it shall not be required to state the names of the persons whose |
| 1322 | interests are to be represented. |
| 1323 |
|
| 1324 | The term "party" does not include a member government of a |
| 1325 | regional water supply authority or a governmental or quasi- |
| 1326 | judicial board or commission established by local ordinance or |
| 1327 | special or general law where the governing membership of such |
| 1328 | board or commission is shared with, in whole or in part, or |
| 1329 | appointed by a member government of a regional water supply |
| 1330 | authority in proceedings under s. 120.569, s. 120.57, or s. |
| 1331 | 120.68, to the extent that an interlocal agreement under ss. |
| 1332 | 163.01 and 373.713 373.1962 exists in which the member |
| 1333 | government has agreed that its substantial interests are not |
| 1334 | affected by the proceedings or that it is to be bound by |
| 1335 | alternative dispute resolution in lieu of participating in the |
| 1336 | proceedings. This exclusion applies only to those particular |
| 1337 | types of disputes or controversies, if any, identified in an |
| 1338 | interlocal agreement. |
| 1339 | Section 3. Subsection (13) of section 163.3167, Florida |
| 1340 | Statutes, is amended to read: |
| 1341 | 163.3167 Scope of act.- |
| 1342 | (13) Each local government shall address in its |
| 1343 | comprehensive plan, as enumerated in this chapter, the water |
| 1344 | supply sources necessary to meet and achieve the existing and |
| 1345 | projected water use demand for the established planning period, |
| 1346 | considering the applicable plan developed pursuant to s. 373.709 |
| 1347 | 373.0361. |
| 1348 | Section 4. Paragraph (a) of subsection (4) and paragraphs |
| 1349 | (c), (d), and (h) of subsection (6) of section 163.3177, Florida |
| 1350 | Statutes, are amended to read: |
| 1351 | 163.3177 Required and optional elements of comprehensive |
| 1352 | plan; studies and surveys.- |
| 1353 | (4)(a) Coordination of the local comprehensive plan with |
| 1354 | the comprehensive plans of adjacent municipalities, the county, |
| 1355 | adjacent counties, or the region; with the appropriate water |
| 1356 | management district's regional water supply plans approved |
| 1357 | pursuant to s. 373.709 373.0361; with adopted rules pertaining |
| 1358 | to designated areas of critical state concern; and with the |
| 1359 | state comprehensive plan shall be a major objective of the local |
| 1360 | comprehensive planning process. To that end, in the preparation |
| 1361 | of a comprehensive plan or element thereof, and in the |
| 1362 | comprehensive plan or element as adopted, the governing body |
| 1363 | shall include a specific policy statement indicating the |
| 1364 | relationship of the proposed development of the area to the |
| 1365 | comprehensive plans of adjacent municipalities, the county, |
| 1366 | adjacent counties, or the region and to the state comprehensive |
| 1367 | plan, as the case may require and as such adopted plans or plans |
| 1368 | in preparation may exist. |
| 1369 | (6) In addition to the requirements of subsections (1)-(5) |
| 1370 | and (12), the comprehensive plan shall include the following |
| 1371 | elements: |
| 1372 | (c) A general sanitary sewer, solid waste, drainage, |
| 1373 | potable water, and natural groundwater aquifer recharge element |
| 1374 | correlated to principles and guidelines for future land use, |
| 1375 | indicating ways to provide for future potable water, drainage, |
| 1376 | sanitary sewer, solid waste, and aquifer recharge protection |
| 1377 | requirements for the area. The element may be a detailed |
| 1378 | engineering plan including a topographic map depicting areas of |
| 1379 | prime groundwater recharge. The element shall describe the |
| 1380 | problems and needs and the general facilities that will be |
| 1381 | required for solution of the problems and needs. The element |
| 1382 | shall also include a topographic map depicting any areas adopted |
| 1383 | by a regional water management district as prime groundwater |
| 1384 | recharge areas for the Floridan or Biscayne aquifers. These |
| 1385 | areas shall be given special consideration when the local |
| 1386 | government is engaged in zoning or considering future land use |
| 1387 | for said designated areas. For areas served by septic tanks, |
| 1388 | soil surveys shall be provided which indicate the suitability of |
| 1389 | soils for septic tanks. Within 18 months after the governing |
| 1390 | board approves an updated regional water supply plan, the |
| 1391 | element must incorporate the alternative water supply project or |
| 1392 | projects selected by the local government from those identified |
| 1393 | in the regional water supply plan pursuant to s. 373.709(2)(a) |
| 1394 | 373.0361(2)(a) or proposed by the local government under s. |
| 1395 | 373.709(8)(b) 373.0361(8)(b). If a local government is located |
| 1396 | within two water management districts, the local government |
| 1397 | shall adopt its comprehensive plan amendment within 18 months |
| 1398 | after the later updated regional water supply plan. The element |
| 1399 | must identify such alternative water supply projects and |
| 1400 | traditional water supply projects and conservation and reuse |
| 1401 | necessary to meet the water needs identified in s. 373.709(2)(a) |
| 1402 | 373.0361(2)(a) within the local government's jurisdiction and |
| 1403 | include a work plan, covering at least a 10 year planning |
| 1404 | period, for building public, private, and regional water supply |
| 1405 | facilities, including development of alternative water supplies, |
| 1406 | which are identified in the element as necessary to serve |
| 1407 | existing and new development. The work plan shall be updated, at |
| 1408 | a minimum, every 5 years within 18 months after the governing |
| 1409 | board of a water management district approves an updated |
| 1410 | regional water supply plan. Amendments to incorporate the work |
| 1411 | plan do not count toward the limitation on the frequency of |
| 1412 | adoption of amendments to the comprehensive plan. Local |
| 1413 | governments, public and private utilities, regional water supply |
| 1414 | authorities, special districts, and water management districts |
| 1415 | are encouraged to cooperatively plan for the development of |
| 1416 | multijurisdictional water supply facilities that are sufficient |
| 1417 | to meet projected demands for established planning periods, |
| 1418 | including the development of alternative water sources to |
| 1419 | supplement traditional sources of groundwater and surface water |
| 1420 | supplies. |
| 1421 | (d) A conservation element for the conservation, use, and |
| 1422 | protection of natural resources in the area, including air, |
| 1423 | water, water recharge areas, wetlands, waterwells, estuarine |
| 1424 | marshes, soils, beaches, shores, flood plains, rivers, bays, |
| 1425 | lakes, harbors, forests, fisheries and wildlife, marine habitat, |
| 1426 | minerals, and other natural and environmental resources, |
| 1427 | including factors that affect energy conservation. Local |
| 1428 | governments shall assess their current, as well as projected, |
| 1429 | water needs and sources for at least a 10-year period, |
| 1430 | considering the appropriate regional water supply plan approved |
| 1431 | pursuant to s. 373.709 373.0361, or, in the absence of an |
| 1432 | approved regional water supply plan, the district water |
| 1433 | management plan approved pursuant to s. 373.036(2). This |
| 1434 | information shall be submitted to the appropriate agencies. The |
| 1435 | land use map or map series contained in the future land use |
| 1436 | element shall generally identify and depict the following: |
| 1437 | 1. Existing and planned waterwells and cones of influence |
| 1438 | where applicable. |
| 1439 | 2. Beaches and shores, including estuarine systems. |
| 1440 | 3. Rivers, bays, lakes, flood plains, and harbors. |
| 1441 | 4. Wetlands. |
| 1442 | 5. Minerals and soils. |
| 1443 | 6. Energy conservation. |
| 1444 |
|
| 1445 | The land uses identified on such maps shall be consistent with |
| 1446 | applicable state law and rules. |
| 1447 | (h)1. An intergovernmental coordination element showing |
| 1448 | relationships and stating principles and guidelines to be used |
| 1449 | in the accomplishment of coordination of the adopted |
| 1450 | comprehensive plan with the plans of school boards, regional |
| 1451 | water supply authorities, and other units of local government |
| 1452 | providing services but not having regulatory authority over the |
| 1453 | use of land, with the comprehensive plans of adjacent |
| 1454 | municipalities, the county, adjacent counties, or the region, |
| 1455 | with the state comprehensive plan and with the applicable |
| 1456 | regional water supply plan approved pursuant to s. 373.709 |
| 1457 | 373.0361, as the case may require and as such adopted plans or |
| 1458 | plans in preparation may exist. This element of the local |
| 1459 | comprehensive plan shall demonstrate consideration of the |
| 1460 | particular effects of the local plan, when adopted, upon the |
| 1461 | development of adjacent municipalities, the county, adjacent |
| 1462 | counties, or the region, or upon the state comprehensive plan, |
| 1463 | as the case may require. |
| 1464 | a. The intergovernmental coordination element shall |
| 1465 | provide procedures to identify and implement joint planning |
| 1466 | areas, especially for the purpose of annexation, municipal |
| 1467 | incorporation, and joint infrastructure service areas. |
| 1468 | b. The intergovernmental coordination element shall |
| 1469 | provide for recognition of campus master plans prepared pursuant |
| 1470 | to s. 1013.30 and airport master plans under paragraph(k). |
| 1471 | c. The intergovernmental coordination element shall |
| 1472 | provide for a dispute resolution process as established pursuant |
| 1473 | to s. 186.509 for bringing to closure in a timely manner |
| 1474 | intergovernmental disputes. |
| 1475 | d. The intergovernmental coordination element shall |
| 1476 | provide for interlocal agreements as established pursuant to s. |
| 1477 | 333.03(1)(b). |
| 1478 | 2. The intergovernmental coordination element shall |
| 1479 | further state principles and guidelines to be used in the |
| 1480 | accomplishment of coordination of the adopted comprehensive plan |
| 1481 | with the plans of school boards and other units of local |
| 1482 | government providing facilities and services but not having |
| 1483 | regulatory authority over the use of land. In addition, the |
| 1484 | intergovernmental coordination element shall describe joint |
| 1485 | processes for collaborative planning and decisionmaking on |
| 1486 | population projections and public school siting, the location |
| 1487 | and extension of public facilities subject to concurrency, and |
| 1488 | siting facilities with countywide significance, including |
| 1489 | locally unwanted land uses whose nature and identity are |
| 1490 | established in an agreement. Within 1 year of adopting their |
| 1491 | intergovernmental coordination elements, each county, all the |
| 1492 | municipalities within that county, the district school board, |
| 1493 | and any unit of local government service providers in that |
| 1494 | county shall establish by interlocal or other formal agreement |
| 1495 | executed by all affected entities, the joint processes described |
| 1496 | in this subparagraph consistent with their adopted |
| 1497 | intergovernmental coordination elements. |
| 1498 | 3. To foster coordination between special districts and |
| 1499 | local general-purpose governments as local general-purpose |
| 1500 | governments implement local comprehensive plans, each |
| 1501 | independent special district must submit a public facilities |
| 1502 | report to the appropriate local government as required by s. |
| 1503 | 189.415. |
| 1504 | 4.a. Local governments shall execute an interlocal |
| 1505 | agreement with the district school board, the county, and |
| 1506 | nonexempt municipalities pursuant to s. 163.31777. The local |
| 1507 | government shall amend the intergovernmental coordination |
| 1508 | element to provide that coordination between the local |
| 1509 | government and school board is pursuant to the agreement and |
| 1510 | shall state the obligations of the local government under the |
| 1511 | agreement. |
| 1512 | b. Plan amendments that comply with this subparagraph are |
| 1513 | exempt from the provisions of s. 163.3187(1). |
| 1514 | 5. The state land planning agency shall establish a |
| 1515 | schedule for phased completion and transmittal of plan |
| 1516 | amendments to implement subparagraphs 1., 2., and 3. from all |
| 1517 | jurisdictions so as to accomplish their adoption by December 31, |
| 1518 | 1999. A local government may complete and transmit its plan |
| 1519 | amendments to carry out these provisions prior to the scheduled |
| 1520 | date established by the state land planning agency. The plan |
| 1521 | amendments are exempt from the provisions of s. 163.3187(1). |
| 1522 | 6. By January 1, 2004, any county having a population |
| 1523 | greater than 100,000, and the municipalities and special |
| 1524 | districts within that county, shall submit a report to the |
| 1525 | Department of Community Affairs which: |
| 1526 | a. Identifies all existing or proposed interlocal service |
| 1527 | delivery agreements regarding the following: education; sanitary |
| 1528 | sewer; public safety; solid waste; drainage; potable water; |
| 1529 | parks and recreation; and transportation facilities. |
| 1530 | b. Identifies any deficits or duplication in the provision |
| 1531 | of services within its jurisdiction, whether capital or |
| 1532 | operational. Upon request, the Department of Community Affairs |
| 1533 | shall provide technical assistance to the local governments in |
| 1534 | identifying deficits or duplication. |
| 1535 | 7. Within 6 months after submission of the report, the |
| 1536 | Department of Community Affairs shall, through the appropriate |
| 1537 | regional planning council, coordinate a meeting of all local |
| 1538 | governments within the regional planning area to discuss the |
| 1539 | reports and potential strategies to remedy any identified |
| 1540 | deficiencies or duplications. |
| 1541 | 8. Each local government shall update its |
| 1542 | intergovernmental coordination element based upon the findings |
| 1543 | in the report submitted pursuant to subparagraph 6. The report |
| 1544 | may be used as supporting data and analysis for the |
| 1545 | intergovernmental coordination element. |
| 1546 | Section 5. Paragraph (l) of subsection (2) of section |
| 1547 | 163.3191, Florida Statutes, is amended to read: |
| 1548 | 163.3191 Evaluation and appraisal of comprehensive plan.- |
| 1549 | (2) The report shall present an evaluation and assessment |
| 1550 | of the comprehensive plan and shall contain appropriate |
| 1551 | statements to update the comprehensive plan, including, but not |
| 1552 | limited to, words, maps, illustrations, or other media, related |
| 1553 | to: |
| 1554 | (l) The extent to which the local government has been |
| 1555 | successful in identifying alternative water supply projects and |
| 1556 | traditional water supply projects, including conservation and |
| 1557 | reuse, necessary to meet the water needs identified in s. |
| 1558 | 373.709(2)(a) 373.0361(2)(a) within the local government's |
| 1559 | jurisdiction. The report must evaluate the degree to which the |
| 1560 | local government has implemented the work plan for building |
| 1561 | public, private, and regional water supply facilities, including |
| 1562 | development of alternative water supplies, identified in the |
| 1563 | element as necessary to serve existing and new development. |
| 1564 | Section 6. Paragraphs (c) and (d) of subsection (4) of |
| 1565 | section 189.404, Florida Statutes, are amended to read: |
| 1566 | 189.404 Legislative intent for the creation of independent |
| 1567 | special districts; special act prohibitions; model elements and |
| 1568 | other requirements; general-purpose local government/Governor |
| 1569 | and Cabinet creation authorizations.- |
| 1570 | (4) LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION |
| 1571 | AUTHORIZATIONS.-Except as otherwise authorized by general law, |
| 1572 | only the Legislature may create independent special districts. |
| 1573 | (c) The Governor and Cabinet may create an independent |
| 1574 | special district which shall be established by rule in |
| 1575 | accordance with s. 190.005 or as otherwise authorized in general |
| 1576 | law. The Governor and Cabinet may also approve the establishment |
| 1577 | of a charter for the creation of an independent special district |
| 1578 | which shall be in accordance with s. 373.713 373.1962, or as |
| 1579 | otherwise authorized in general law. |
| 1580 | (d)1. Any combination of two or more counties may create a |
| 1581 | regional special district which shall be established in |
| 1582 | accordance with s. 950.001, or as otherwise authorized in |
| 1583 | general law. |
| 1584 | 2. Any combination of two or more counties or |
| 1585 | municipalities may create a regional special district which |
| 1586 | shall be established in accordance with s. 373.713 373.1962, or |
| 1587 | as otherwise authorized by general law. |
| 1588 | 3. Any combination of two or more counties, |
| 1589 | municipalities, or other political subdivisions may create a |
| 1590 | regional special district in accordance with s. 163.567, or as |
| 1591 | otherwise authorized in general law. |
| 1592 | Section 7. Subsection (3) of section 189.4155, Florida |
| 1593 | Statutes, is amended to read: |
| 1594 | 189.4155 Activities of special districts; local government |
| 1595 | comprehensive planning.- |
| 1596 | (3) The provisions of this section shall not apply to |
| 1597 | water management districts created pursuant to s. 373.069, to |
| 1598 | regional water supply authorities created pursuant to s. 373.713 |
| 1599 | 373.1962, or to spoil disposal sites owned or used by the |
| 1600 | Federal Government. |
| 1601 | Section 8. Section 189.4156, Florida Statutes, is amended |
| 1602 | to read: |
| 1603 | 189.4156 Water management district technical assistance; |
| 1604 | local government comprehensive planning.-Water management |
| 1605 | districts shall assist local governments in the development of |
| 1606 | local government comprehensive plan elements related to water |
| 1607 | resource issues as required by s. 373.711 373.0391. |
| 1608 | Section 9. Subsection (7) of section 367.021, Florida |
| 1609 | Statutes, is amended to read: |
| 1610 | 367.021 Definitions.-As used in this chapter, the |
| 1611 | following words or terms shall have the meanings indicated: |
| 1612 | (7) "Governmental authority" means a political |
| 1613 | subdivision, as defined by s. 1.01(8), a regional water supply |
| 1614 | authority created pursuant to s. 373.713 373.1962, or a |
| 1615 | nonprofit corporation formed for the purpose of acting on behalf |
| 1616 | of a political subdivision with respect to a water or wastewater |
| 1617 | facility. |
| 1618 | Section 10. Subsection (17) of section 373.019, Florida |
| 1619 | Statutes, is amended to read: |
| 1620 | 373.019 Definitions.-When appearing in this chapter or in |
| 1621 | any rule, regulation, or order adopted pursuant thereto, the |
| 1622 | term: |
| 1623 | (17) "Regional water supply plan" means a detailed water |
| 1624 | supply plan developed by a governing board under s. 373.709 |
| 1625 | 373.0361. |
| 1626 | Section 11. Paragraph (b) of subsection (2) and paragraph |
| 1627 | (b) of subsection (7) of section 373.036, Florida Statutes, are |
| 1628 | amended to read: |
| 1629 | 373.036 Florida water plan; district water management |
| 1630 | plans.- |
| 1631 | (2) DISTRICT WATER MANAGEMENT PLANS.- |
| 1632 | (b) The district water management plan shall include, but |
| 1633 | not be limited to: |
| 1634 | 1. The scientific methodologies for establishing minimum |
| 1635 | flows and levels under s. 373.042, and all established minimum |
| 1636 | flows and levels. |
| 1637 | 2. Identification of one or more water supply planning |
| 1638 | regions that singly or together encompass the entire district. |
| 1639 | 3. Technical data and information prepared under s. |
| 1640 | 373.711 373.0391. |
| 1641 | 4. A districtwide water supply assessment, to be completed |
| 1642 | no later than July 1, 1998, which determines for each water |
| 1643 | supply planning region: |
| 1644 | a. Existing legal uses, reasonably anticipated future |
| 1645 | needs, and existing and reasonably anticipated sources of water |
| 1646 | and conservation efforts; and |
| 1647 | b. Whether existing and reasonably anticipated sources of |
| 1648 | water and conservation efforts are adequate to supply water for |
| 1649 | all existing legal uses and reasonably anticipated future needs |
| 1650 | and to sustain the water resources and related natural systems. |
| 1651 | 5. Any completed regional water supply plans. |
| 1652 | (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.- |
| 1653 | (b) The consolidated annual report shall contain the |
| 1654 | following elements, as appropriate to that water management |
| 1655 | district: |
| 1656 | 1. A district water management plan annual report or the |
| 1657 | annual work plan report allowed in subparagraph (2)(e)4. |
| 1658 | 2. The department-approved minimum flows and levels annual |
| 1659 | priority list and schedule required by s. 373.042(2). |
| 1660 | 3. The annual 5-year capital improvements plan required by |
| 1661 | s. 373.536(6)(a)3. |
| 1662 | 4. The alternative water supplies annual report required |
| 1663 | by s. 373.707(8)(n) 373.1961(3)(n). |
| 1664 | 5. The final annual 5-year water resource development work |
| 1665 | program required by s. 373.536(6)(a)4. |
| 1666 | 6. The Florida Forever Water Management District Work Plan |
| 1667 | annual report required by s. 373.199(7). |
| 1668 | 7. The mitigation donation annual report required by s. |
| 1669 | 373.414(1)(b)2. |
| 1670 | Section 12. Paragraphs (a) and (e) of subsection (4) of |
| 1671 | section 373.0363, Florida Statutes, are amended to read: |
| 1672 | 373.0363 Southern Water Use Caution Area Recovery |
| 1673 | Strategy.- |
| 1674 | (4) The West-Central Florida Water Restoration Action Plan |
| 1675 | includes: |
| 1676 | (a) The Central West Coast Surface Water Enhancement |
| 1677 | Initiative. The purpose of this initiative is to make additional |
| 1678 | surface waters available for public supply through restoration |
| 1679 | of surface waters, natural water flows, and freshwater wetland |
| 1680 | communities. This initiative is designed to allow limits on |
| 1681 | groundwater withdrawals in order to slow the rate of saltwater |
| 1682 | intrusion. The initiative shall be an ongoing program in |
| 1683 | cooperation with the Peace River-Manasota Regional Water Supply |
| 1684 | Authority created under s. 373.713 373.1962. |
| 1685 | (e) The Central Florida Water Resource Development |
| 1686 | Initiative. The purpose of this initiative is to create and |
| 1687 | implement a long-term plan that takes a comprehensive approach |
| 1688 | to limit ground water withdrawals in the Southern Water Use |
| 1689 | Caution Area and to identify and develop alternative water |
| 1690 | supplies for Polk County. The project components developed |
| 1691 | pursuant to this initiative are eligible for state and regional |
| 1692 | funding under s. 373.707 373.196 as an alternative water supply, |
| 1693 | as defined in s. 373.019, or as a supplemental water supply |
| 1694 | under the rules of the Southwest Florida Water Management |
| 1695 | District or the South Florida Water Management District. The |
| 1696 | initiative shall be implemented by the district as an ongoing |
| 1697 | program in cooperation with Polk County and the South Florida |
| 1698 | Water Management District. |
| 1699 | Section 13. Subsection (2) of section 373.0421, Florida |
| 1700 | Statutes, is amended to read: |
| 1701 | 373.0421 Establishment and implementation of minimum flows |
| 1702 | and levels.- |
| 1703 | (2) If the existing flow or level in a water body is |
| 1704 | below, or is projected to fall within 20 years below, the |
| 1705 | applicable minimum flow or level established pursuant to s. |
| 1706 | 373.042, the department or governing board, as part of the |
| 1707 | regional water supply plan described in s. 373.709 373.0361, |
| 1708 | shall expeditiously implement a recovery or prevention strategy, |
| 1709 | which includes the development of additional water supplies and |
| 1710 | other actions, consistent with the authority granted by this |
| 1711 | chapter, to: |
| 1712 | (a) Achieve recovery to the established minimum flow or |
| 1713 | level as soon as practicable; or |
| 1714 | (b) Prevent the existing flow or level from falling below |
| 1715 | the established minimum flow or level. |
| 1716 |
|
| 1717 | The recovery or prevention strategy shall include phasing or a |
| 1718 | timetable which will allow for the provision of sufficient water |
| 1719 | supplies for all existing and projected reasonable-beneficial |
| 1720 | uses, including development of additional water supplies and |
| 1721 | implementation of conservation and other efficiency measures |
| 1722 | concurrent with, to the extent practical, and to offset, |
| 1723 | reductions in permitted withdrawals, consistent with the |
| 1724 | provisions of this chapter. |
| 1725 | Section 14. Subsection (4) of section 373.0695, Florida |
| 1726 | Statutes, is amended to read: |
| 1727 | 373.0695 Duties of basin boards; authorized expenditures.- |
| 1728 | (4) In the exercise of the duties and powers granted |
| 1729 | herein, the basin boards shall be subject to all the limitations |
| 1730 | and restrictions imposed on the water management districts in s. |
| 1731 | 373.703 373.1961. |
| 1732 | Section 15. Subsections (3) and (5) of section 373.223, |
| 1733 | Florida Statutes, are amended to read: |
| 1734 | 373.223 Conditions for a permit.- |
| 1735 | (3) Except for the transport and use of water supplied by |
| 1736 | the Central and Southern Florida Flood Control Project, and |
| 1737 | anywhere in the state when the transport and use of water is |
| 1738 | supplied exclusively for bottled water as defined in s. |
| 1739 | 500.03(1)(d), any water use permit applications pending as of |
| 1740 | April 1, 1998, with the Northwest Florida Water Management |
| 1741 | District and self-suppliers of water for which the proposed |
| 1742 | water source and area of use or application are located on |
| 1743 | contiguous private properties, when evaluating whether a |
| 1744 | potential transport and use of ground or surface water across |
| 1745 | county boundaries is consistent with the public interest, |
| 1746 | pursuant to paragraph (1)(c), the governing board or department |
| 1747 | shall consider: |
| 1748 | (a) The proximity of the proposed water source to the area |
| 1749 | of use or application. |
| 1750 | (b) All impoundments, streams, groundwater sources, or |
| 1751 | watercourses that are geographically closer to the area of use |
| 1752 | or application than the proposed source, and that are |
| 1753 | technically and economically feasible for the proposed transport |
| 1754 | and use. |
| 1755 | (c) All economically and technically feasible alternatives |
| 1756 | to the proposed source, including, but not limited to, |
| 1757 | desalination, conservation, reuse of nonpotable reclaimed water |
| 1758 | and stormwater, and aquifer storage and recovery. |
| 1759 | (d) The potential environmental impacts that may result |
| 1760 | from the transport and use of water from the proposed source, |
| 1761 | and the potential environmental impacts that may result from use |
| 1762 | of the other water sources identified in paragraphs (b) and (c). |
| 1763 | (e) Whether existing and reasonably anticipated sources of |
| 1764 | water and conservation efforts are adequate to supply water for |
| 1765 | existing legal uses and reasonably anticipated future needs of |
| 1766 | the water supply planning region in which the proposed water |
| 1767 | source is located. |
| 1768 | (f) Consultations with local governments affected by the |
| 1769 | proposed transport and use. |
| 1770 | (g) The value of the existing capital investment in water- |
| 1771 | related infrastructure made by the applicant. |
| 1772 |
|
| 1773 | Where districtwide water supply assessments and regional water |
| 1774 | supply plans have been prepared pursuant to ss. 373.036 and |
| 1775 | 373.709 373.0361, the governing board or the department shall |
| 1776 | use the applicable plans and assessments as the basis for its |
| 1777 | consideration of the applicable factors in this subsection. |
| 1778 | (5) In evaluating an application for consumptive use of |
| 1779 | water which proposes the use of an alternative water supply |
| 1780 | project as described in the regional water supply plan and |
| 1781 | provides reasonable assurances of the applicant's capability to |
| 1782 | design, construct, operate, and maintain the project, the |
| 1783 | governing board or department shall presume that the alternative |
| 1784 | water supply use is consistent with the public interest under |
| 1785 | paragraph (1)(c). However, where the governing board identifies |
| 1786 | the need for a multijurisdictional water supply entity or |
| 1787 | regional water supply authority to develop the alternative water |
| 1788 | supply project pursuant to s. 373.709(2)(a)2. 373.0361(2)(a)2., |
| 1789 | the presumption shall be accorded only to that use proposed by |
| 1790 | such entity or authority. This subsection does not effect |
| 1791 | evaluation of the use pursuant to the provisions of paragraphs |
| 1792 | (1)(a) and (b), subsections (2) and (3), and ss. 373.2295 and |
| 1793 | 373.233. |
| 1794 | Section 16. Section 373.2234, Florida Statutes, is amended |
| 1795 | to read: |
| 1796 | 373.2234 Preferred water supply sources.-The governing |
| 1797 | board of a water management district is authorized to adopt |
| 1798 | rules that identify preferred water supply sources for |
| 1799 | consumptive uses for which there is sufficient data to establish |
| 1800 | that a preferred source will provide a substantial new water |
| 1801 | supply to meet the existing and projected reasonable-beneficial |
| 1802 | uses of a water supply planning region identified pursuant to s. |
| 1803 | 373.709(1) 373.0361(1), while sustaining existing water |
| 1804 | resources and natural systems. At a minimum, such rules must |
| 1805 | contain a description of the preferred water supply source and |
| 1806 | an assessment of the water the preferred source is projected to |
| 1807 | produce. If an applicant proposes to use a preferred water |
| 1808 | supply source, that applicant's proposed water use is subject to |
| 1809 | s. 373.223(1), except that the proposed use of a preferred water |
| 1810 | supply source must be considered by a water management district |
| 1811 | when determining whether a permit applicant's proposed use of |
| 1812 | water is consistent with the public interest pursuant to s. |
| 1813 | 373.223(1)(c). A consumptive use permit issued for the use of a |
| 1814 | preferred water supply source must be granted, when requested by |
| 1815 | the applicant, for at least a 20-year period and may be subject |
| 1816 | to the compliance reporting provisions of s. 373.236(4). Nothing |
| 1817 | in this section shall be construed to exempt the use of |
| 1818 | preferred water supply sources from the provisions of ss. |
| 1819 | 373.016(4) and 373.223(2) and (3), or be construed to provide |
| 1820 | that permits issued for the use of a nonpreferred water supply |
| 1821 | source must be issued for a duration of less than 20 years or |
| 1822 | that the use of a nonpreferred water supply source is not |
| 1823 | consistent with the public interest. Additionally, nothing in |
| 1824 | this section shall be interpreted to require the use of a |
| 1825 | preferred water supply source or to restrict or prohibit the use |
| 1826 | of a nonpreferred water supply source. Rules adopted by the |
| 1827 | governing board of a water management district to implement this |
| 1828 | section shall specify that the use of a preferred water supply |
| 1829 | source is not required and that the use of a nonpreferred water |
| 1830 | supply source is not restricted or prohibited. |
| 1831 | Section 17. Subsection (3) of section 373.229, Florida |
| 1832 | Statutes, is amended to read: |
| 1833 | 373.229 Application for permit.- |
| 1834 | (3) In addition to the information required in subsection |
| 1835 | (1), all permit applications filed with the governing board or |
| 1836 | the department which propose the transport and use of water |
| 1837 | across county boundaries shall include information pertaining to |
| 1838 | factors to be considered, pursuant to s. 373.223(3), unless |
| 1839 | exempt under s. 373.713(9) 373.1962(9). |
| 1840 | Section 18. Paragraph (a) of subsection (6) of section |
| 1841 | 373.236, Florida Statutes, is amended to read: |
| 1842 | 373.236 Duration of permits; compliance reports.- |
| 1843 | (6)(a) The Legislature finds that the need for alternative |
| 1844 | water supply development projects to meet anticipated public |
| 1845 | water supply demands of the state is so important that it is |
| 1846 | essential to encourage participation in and contribution to |
| 1847 | these projects by private-rural-land owners who |
| 1848 | characteristically have relatively modest near-term water |
| 1849 | demands but substantially increasing demands after the 20-year |
| 1850 | planning period in s. 373.709 373.0361. Therefore, where such |
| 1851 | landowners make extraordinary contributions of lands or |
| 1852 | construction funding to enable the expeditious implementation of |
| 1853 | such projects, water management districts and the department may |
| 1854 | grant permits for such projects for a period of up to 50 years |
| 1855 | to municipalities, counties, special districts, regional water |
| 1856 | supply authorities, multijurisdictional water supply entities, |
| 1857 | and publicly or privately owned utilities, with the exception of |
| 1858 | any publicly or privately owned utilities created for or by a |
| 1859 | private landowner after April 1, 2008, which have entered into |
| 1860 | an agreement with the private landowner for the purpose of more |
| 1861 | efficiently pursuing alternative public water supply development |
| 1862 | projects identified in a district's regional water supply plan |
| 1863 | and meeting water demands of both the applicant and the |
| 1864 | landowner. |
| 1865 | Section 19. Paragraph (a) of subsection (6) of section |
| 1866 | 373.536, Florida Statutes, is amended to read: |
| 1867 | 373.536 District budget and hearing thereon.- |
| 1868 | (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN; |
| 1869 | WATER RESOURCE DEVELOPMENT WORK PROGRAM.- |
| 1870 | (a) Each district must, by the date specified for each |
| 1871 | item, furnish copies of the following documents to the Governor, |
| 1872 | the President of the Senate, the Speaker of the House of |
| 1873 | Representatives, the chairs of all legislative committees and |
| 1874 | subcommittees having substantive or fiscal jurisdiction over the |
| 1875 | districts, as determined by the President of the Senate or the |
| 1876 | Speaker of the House of Representatives as applicable, the |
| 1877 | secretary of the department, and the governing board of each |
| 1878 | county in which the district has jurisdiction or derives any |
| 1879 | funds for the operations of the district: |
| 1880 | 1. The adopted budget, to be furnished within 10 days |
| 1881 | after its adoption. |
| 1882 | 2. A financial audit of its accounts and records, to be |
| 1883 | furnished within 10 days after its acceptance by the governing |
| 1884 | board. The audit must be conducted in accordance with the |
| 1885 | provisions of s. 11.45 and the rules adopted thereunder. In |
| 1886 | addition to the entities named above, the district must provide |
| 1887 | a copy of the audit to the Auditor General within 10 days after |
| 1888 | its acceptance by the governing board. |
| 1889 | 3. A 5-year capital improvements plan, to be included in |
| 1890 | the consolidated annual report required by s. 373.036(7). The |
| 1891 | plan must include expected sources of revenue for planned |
| 1892 | improvements and must be prepared in a manner comparable to the |
| 1893 | fixed capital outlay format set forth in s. 216.043. |
| 1894 | 4. A 5-year water resource development work program to be |
| 1895 | furnished within 30 days after the adoption of the final budget. |
| 1896 | The program must describe the district's implementation strategy |
| 1897 | for the water resource development component of each approved |
| 1898 | regional water supply plan developed or revised under s. 373.709 |
| 1899 | 373.0361. The work program must address all the elements of the |
| 1900 | water resource development component in the district's approved |
| 1901 | regional water supply plans and must identify which projects in |
| 1902 | the work program will provide water, explain how each water |
| 1903 | resource development project will produce additional water |
| 1904 | available for consumptive uses, estimate the quantity of water |
| 1905 | to be produced by each project, and provide an assessment of the |
| 1906 | contribution of the district's regional water supply plans in |
| 1907 | providing sufficient water to meet the water supply needs of |
| 1908 | existing and future reasonable-beneficial uses for a 1-in-10- |
| 1909 | year drought event. Within 30 days after its submittal, the |
| 1910 | department shall review the proposed work program and submit its |
| 1911 | findings, questions, and comments to the district. The review |
| 1912 | must include a written evaluation of the program's consistency |
| 1913 | with the furtherance of the district's approved regional water |
| 1914 | supply plans, and the adequacy of proposed expenditures. As part |
| 1915 | of the review, the department shall give interested parties the |
| 1916 | opportunity to provide written comments on each district's |
| 1917 | proposed work program. Within 45 days after receipt of the |
| 1918 | department's evaluation, the governing board shall state in |
| 1919 | writing to the department which changes recommended in the |
| 1920 | evaluation it will incorporate into its work program submitted |
| 1921 | as part of the March 1 consolidated annual report required by s. |
| 1922 | 373.036(7) or specify the reasons for not incorporating the |
| 1923 | changes. The department shall include the district's responses |
| 1924 | in a final evaluation report and shall submit a copy of the |
| 1925 | report to the Governor, the President of the Senate, and the |
| 1926 | Speaker of the House of Representatives. |
| 1927 | Section 20. Subsection (11) of section 373.59, Florida |
| 1928 | Statutes, is amended to read: |
| 1929 | 373.59 Water Management Lands Trust Fund.- |
| 1930 | (11) Notwithstanding any provision of this section to the |
| 1931 | contrary, the governing board of a water management district may |
| 1932 | request, and the Secretary of Environmental Protection shall |
| 1933 | release upon such request, moneys allocated to the districts |
| 1934 | pursuant to subsection (8) for purposes consistent with the |
| 1935 | provisions of s. 373.709 373.0361, s. 373.705 373.0831, s. |
| 1936 | 373.139, or ss. 373.451-373.4595 and for legislatively |
| 1937 | authorized land acquisition and water restoration initiatives. |
| 1938 | No funds may be used pursuant to this subsection until necessary |
| 1939 | debt service obligations, requirements for payments in lieu of |
| 1940 | taxes, and land management obligations that may be required by |
| 1941 | this chapter are provided for. |
| 1942 | Section 21. Paragraph (g) of subsection (1) of section |
| 1943 | 378.212, Florida Statutes, is amended to read: |
| 1944 | 378.212 Variances.- |
| 1945 | (1) Upon application, the secretary may grant a variance |
| 1946 | from the provisions of this part or the rules adopted pursuant |
| 1947 | thereto. Variances and renewals thereof may be granted for any |
| 1948 | one of the following reasons: |
| 1949 | (g) To accommodate reclamation that provides water supply |
| 1950 | development or water resource development not inconsistent with |
| 1951 | the applicable regional water supply plan approved pursuant to |
| 1952 | s. 373.709 373.0361, provided adverse impacts are not caused to |
| 1953 | the water resources in the basin. A variance may also be granted |
| 1954 | from the requirements of part IV of chapter 373, or the rules |
| 1955 | adopted thereunder, when a project provides an improvement in |
| 1956 | water availability in the basin and does not cause adverse |
| 1957 | impacts to water resources in the basin. |
| 1958 | Section 22. Subsection (9) of section 378.404, Florida |
| 1959 | Statutes, is amended to read: |
| 1960 | 378.404 Department of Environmental Protection; powers and |
| 1961 | duties.-The department shall have the following powers and |
| 1962 | duties: |
| 1963 | (9) To grant variances from the provisions of this part to |
| 1964 | accommodate reclamation that provides for water supply |
| 1965 | development or water resource development not inconsistent with |
| 1966 | the applicable regional water supply plan approved pursuant to |
| 1967 | s. 373.709 373.0361, appropriate stormwater management, improved |
| 1968 | wildlife habitat, recreation, or a mixture thereof, provided |
| 1969 | adverse impacts are not caused to the water resources in the |
| 1970 | basin and public health and safety are not adversely affected. |
| 1971 | Section 23. Paragraph (a) of subsection (3) of section |
| 1972 | 403.0891, Florida Statutes, is amended to read: |
| 1973 | 403.0891 State, regional, and local stormwater management |
| 1974 | plans and programs.-The department, the water management |
| 1975 | districts, and local governments shall have the responsibility |
| 1976 | for the development of mutually compatible stormwater management |
| 1977 | programs. |
| 1978 | (3)(a) Each local government required by chapter 163 to |
| 1979 | submit a comprehensive plan, whose plan is submitted after July |
| 1980 | 1, 1992, and the others when updated after July 1, 1992, in the |
| 1981 | development of its stormwater management program described by |
| 1982 | elements within its comprehensive plan shall consider the water |
| 1983 | resource implementation rule, district stormwater management |
| 1984 | goals, plans approved pursuant to the Surface Water Improvement |
| 1985 | and Management Act, ss. 373.451-373.4595, and technical |
| 1986 | assistance information provided by the water management |
| 1987 | districts pursuant to s. 373.711 373.0391. |
| 1988 | Section 24. Section 403.890, Florida Statutes, is amended |
| 1989 | to read: |
| 1990 | 403.890 Water Protection and Sustainability Program; |
| 1991 | intent; goals; purposes.- |
| 1992 | (1) Effective July 1, 2006, revenues transferred from the |
| 1993 | Department of Revenue pursuant to s. 201.15(1)(c)2. shall be |
| 1994 | deposited into the Water Protection and Sustainability Program |
| 1995 | Trust Fund in the Department of Environmental Protection. These |
| 1996 | revenues and any other additional revenues deposited into or |
| 1997 | appropriated to the Water Protection and Sustainability Program |
| 1998 | Trust Fund shall be distributed by the Department of |
| 1999 | Environmental Protection in the following manner: |
| 2000 | (a) Sixty percent to the Department of Environmental |
| 2001 | Protection for the implementation of an alternative water supply |
| 2002 | program as provided in s. 373.1961. |
| 2003 | (b) Twenty percent for the implementation of best |
| 2004 | management practices and capital project expenditures necessary |
| 2005 | for the implementation of the goals of the total maximum daily |
| 2006 | load program established in s. 403.067. Of these funds, 85 |
| 2007 | percent shall be transferred to the credit of the Department of |
| 2008 | Environmental Protection Water Quality Assurance Trust Fund to |
| 2009 | address water quality impacts associated with nonagricultural |
| 2010 | nonpoint sources. Fifteen percent of these funds shall be |
| 2011 | transferred to the Department of Agriculture and Consumer |
| 2012 | Services General Inspection Trust Fund to address water quality |
| 2013 | impacts associated with agricultural nonpoint sources. These |
| 2014 | funds shall be used for research, development, demonstration, |
| 2015 | and implementation of the total maximum daily load program under |
| 2016 | s. 403.067, suitable best management practices or other measures |
| 2017 | used to achieve water quality standards in surface waters and |
| 2018 | water segments identified pursuant to s. 303(d) of the Clean |
| 2019 | Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq. |
| 2020 | Implementation of best management practices and other measures |
| 2021 | may include cost-share grants, technical assistance, |
| 2022 | implementation tracking, and conservation leases or other |
| 2023 | agreements for water quality improvement. The Department of |
| 2024 | Environmental Protection and the Department of Agriculture and |
| 2025 | Consumer Services may adopt rules governing the distribution of |
| 2026 | funds for implementation of capital projects, best management |
| 2027 | practices, and other measures. These funds shall not be used to |
| 2028 | abrogate the financial responsibility of those point and |
| 2029 | nonpoint sources that have contributed to the degradation of |
| 2030 | water or land areas. Increased priority shall be given by the |
| 2031 | department and the water management district governing boards to |
| 2032 | those projects that have secured a cost-sharing agreement |
| 2033 | allocating responsibility for the cleanup of point and nonpoint |
| 2034 | sources. |
| 2035 | (c) Ten percent shall be disbursed for the purposes of |
| 2036 | funding projects pursuant to ss. 373.451-373.459 or surface |
| 2037 | water restoration activities in water-management-district- |
| 2038 | designated priority water bodies. The Secretary of Environmental |
| 2039 | Protection shall ensure that each water management district |
| 2040 | receives the following percentage of funds annually: |
| 2041 | 1. Thirty-five percent to the South Florida Water |
| 2042 | Management District; |
| 2043 | 2. Twenty-five percent to the Southwest Florida Water |
| 2044 | Management District; |
| 2045 | 3. Twenty-five percent to the St. Johns River Water |
| 2046 | Management District; |
| 2047 | 4. Seven and one-half percent to the Suwannee River Water |
| 2048 | Management District; and |
| 2049 | 5. Seven and one-half percent to the Northwest Florida |
| 2050 | Water Management District. |
| 2051 | (d) Ten percent to the Department of Environmental |
| 2052 | Protection for the Disadvantaged Small Community Wastewater |
| 2053 | Grant Program as provided in s. 403.1838. |
| 2054 | (2) Applicable beginning in the 2007-2008 fiscal year, |
| 2055 | revenues transferred from the Department of Revenue pursuant to |
| 2056 | s. 201.15(1)(c)2. shall be deposited into the Water Protection |
| 2057 | and Sustainability Program Trust Fund in the Department of |
| 2058 | Environmental Protection. These revenues and any other |
| 2059 | additional Revenues deposited into or appropriated to the Water |
| 2060 | Protection and Sustainability Program Trust Fund shall be |
| 2061 | distributed by the Department of Environmental Protection in the |
| 2062 | following manner: |
| 2063 | (1)(a) Sixty-five percent to the Department of |
| 2064 | Environmental Protection for the implementation of an |
| 2065 | alternative water supply program as provided in s. 373.707 |
| 2066 | 373.1961. |
| 2067 | (2)(b) Twenty-two and five-tenths percent for the |
| 2068 | implementation of best management practices and capital project |
| 2069 | expenditures necessary for the implementation of the goals of |
| 2070 | the total maximum daily load program established in s. 403.067. |
| 2071 | Of these funds, 83.33 percent shall be transferred to the credit |
| 2072 | of the Department of Environmental Protection Water Quality |
| 2073 | Assurance Trust Fund to address water quality impacts associated |
| 2074 | with nonagricultural nonpoint sources. Sixteen and sixty-seven |
| 2075 | hundredths percent of these funds shall be transferred to the |
| 2076 | Department of Agriculture and Consumer Services General |
| 2077 | Inspection Trust Fund to address water quality impacts |
| 2078 | associated with agricultural nonpoint sources. These funds shall |
| 2079 | be used for research, development, demonstration, and |
| 2080 | implementation of the total maximum daily load program under s. |
| 2081 | 403.067, suitable best management practices or other measures |
| 2082 | used to achieve water quality standards in surface waters and |
| 2083 | water segments identified pursuant to s. 303(d) of the Clean |
| 2084 | Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq. |
| 2085 | Implementation of best management practices and other measures |
| 2086 | may include cost-share grants, technical assistance, |
| 2087 | implementation tracking, and conservation leases or other |
| 2088 | agreements for water quality improvement. The Department of |
| 2089 | Environmental Protection and the Department of Agriculture and |
| 2090 | Consumer Services may adopt rules governing the distribution of |
| 2091 | funds for implementation of capital projects, best management |
| 2092 | practices, and other measures. These funds shall not be used to |
| 2093 | abrogate the financial responsibility of those point and |
| 2094 | nonpoint sources that have contributed to the degradation of |
| 2095 | water or land areas. Increased priority shall be given by the |
| 2096 | department and the water management district governing boards to |
| 2097 | those projects that have secured a cost-sharing agreement |
| 2098 | allocating responsibility for the cleanup of point and nonpoint |
| 2099 | sources. |
| 2100 | (3)(c) Twelve and five-tenths percent to the Department of |
| 2101 | Environmental Protection for the Disadvantaged Small Community |
| 2102 | Wastewater Grant Program as provided in s. 403.1838. |
| 2103 | (4)(d) On June 30, 2009, and every 24 months thereafter, |
| 2104 | the Department of Environmental Protection shall request the |
| 2105 | return of all unencumbered funds distributed pursuant to this |
| 2106 | section. These funds shall be deposited into the Water |
| 2107 | Protection and Sustainability Program Trust Fund and |
| 2108 | redistributed pursuant to the provisions of this section. |
| 2109 | (3) For the 2008-2009 fiscal year only, moneys in the |
| 2110 | Water Protection and Sustainability Program Trust Fund shall be |
| 2111 | transferred to the Ecosystem Management and Restoration Trust |
| 2112 | Fund for grants and aids to local governments for water projects |
| 2113 | as provided in the General Appropriations Act. This subsection |
| 2114 | expires July 1, 2009. |
| 2115 | (4) For fiscal year 2005-2006, funds deposited or |
| 2116 | appropriated into the Water Protection and Sustainability |
| 2117 | Program Trust Fund shall be distributed as follows: |
| 2118 | (a) One hundred million dollars to the Department of |
| 2119 | Environmental Protection for the implementation of an |
| 2120 | alternative water supply program as provided in s. 373.1961. |
| 2121 | (b) Funds remaining after the distribution provided for in |
| 2122 | subsection (1) shall be distributed as follows: |
| 2123 | 1. Fifty percent for the implementation of best management |
| 2124 | practices and capital project expenditures necessary for the |
| 2125 | implementation of the goals of the total maximum daily load |
| 2126 | program established in s. 403.067. Of these funds, 85 percent |
| 2127 | shall be transferred to the credit of the Department of |
| 2128 | Environmental Protection Water Quality Assurance Trust Fund to |
| 2129 | address water quality impacts associated with nonagricultural |
| 2130 | nonpoint sources. Fifteen percent of these funds shall be |
| 2131 | transferred to the Department of Agriculture and Consumer |
| 2132 | Services General Inspection Trust Fund to address water quality |
| 2133 | impacts associated with agricultural nonpoint sources. These |
| 2134 | funds shall be used for research, development, demonstration, |
| 2135 | and implementation of suitable best management practices or |
| 2136 | other measures used to achieve water quality standards in |
| 2137 | surface waters and water segments identified pursuant to s. |
| 2138 | 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. |
| 2139 | 1251 et seq. Implementation of best management practices and |
| 2140 | other measures may include cost-share grants, technical |
| 2141 | assistance, implementation tracking, and conservation leases or |
| 2142 | other agreements for water quality improvement. The Department |
| 2143 | of Environmental Protection and the Department of Agriculture |
| 2144 | and Consumer Services may adopt rules governing the distribution |
| 2145 | of funds for implementation of best management practices. These |
| 2146 | funds shall not be used to abrogate the financial responsibility |
| 2147 | of those point and nonpoint sources that have contributed to the |
| 2148 | degradation of water or land areas. Increased priority shall be |
| 2149 | given by the department and the water management district |
| 2150 | governing boards to those projects that have secured a cost- |
| 2151 | sharing agreement allocating responsibility for the cleanup of |
| 2152 | point and nonpoint sources. |
| 2153 | 2. Twenty-five percent for the purposes of funding |
| 2154 | projects pursuant to ss. 373.451-373.459 or surface water |
| 2155 | restoration activities in water-management-district-designated |
| 2156 | priority water bodies. The Secretary of Environmental Protection |
| 2157 | shall ensure that each water management district receives the |
| 2158 | following percentage of funds annually: |
| 2159 | a. Thirty-five percent to the South Florida Water |
| 2160 | Management District; |
| 2161 | b. Twenty-five percent to the Southwest Florida Water |
| 2162 | Management District; |
| 2163 | c. Twenty-five percent to the St. Johns River Water |
| 2164 | Management District; |
| 2165 | d. Seven and one-half percent to the Suwannee River Water |
| 2166 | Management District; and |
| 2167 | e. Seven and one-half percent to the Northwest Florida |
| 2168 | Water Management District. |
| 2169 | 3. Twenty-five percent to the Department of Environmental |
| 2170 | Protection for the Disadvantaged Small Community Wastewater |
| 2171 | Grant Program as provided in s. 403.1838. |
| 2172 |
|
| 2173 | Prior to the end of the 2008 Regular Session, the Legislature |
| 2174 | must review the distribution of funds under the Water Protection |
| 2175 | and Sustainability Program to determine if revisions to the |
| 2176 | funding formula are required. At the discretion of the President |
| 2177 | of the Senate and the Speaker of the House of Representatives, |
| 2178 | the appropriate substantive committees of the Legislature may |
| 2179 | conduct an interim project to review the Water Protection and |
| 2180 | Sustainability Program and the funding formula and make written |
| 2181 | recommendations to the Legislature proposing necessary changes, |
| 2182 | if any. |
| 2183 | (5) For the 2009-2010 fiscal year only, funds shall be |
| 2184 | distributed as follows: |
| 2185 | (a) Thirty-one and twenty-one hundredths percent to the |
| 2186 | Department of Environmental Protection for the implementation of |
| 2187 | an alternative water supply program as provided in s. 373.1961. |
| 2188 | (b) Twenty-six and eighty-seven hundredths percent for the |
| 2189 | implementation of best management practices and capital project |
| 2190 | expenditures necessary for the implementation of the goals of |
| 2191 | the total maximum daily load program established in s. 403.067. |
| 2192 | Of these funds, 86 percent shall be transferred to the credit of |
| 2193 | the Water Quality Assurance Trust Fund of the Department of |
| 2194 | Environmental Protection to address water quality impacts |
| 2195 | associated with nonagricultural nonpoint sources. Fourteen |
| 2196 | percent of these funds shall be transferred to the General |
| 2197 | Inspection Trust Fund of the Department of Agriculture and |
| 2198 | Consumer Services to address water quality impacts associated |
| 2199 | with agricultural nonpoint sources. These funds shall be used |
| 2200 | for research, development, demonstration, and implementation of |
| 2201 | the total maximum daily load program under s. 403.067, suitable |
| 2202 | best management practices, or other measures used to achieve |
| 2203 | water quality standards in surface waters and water segments |
| 2204 | identified pursuant to s. 303(d) of the Clean Water Act, Pub. L. |
| 2205 | No. 92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best |
| 2206 | management practices and other measures may include cost-share |
| 2207 | grants, technical assistance, implementation tracking, and |
| 2208 | conservation leases or other agreements for water quality |
| 2209 | improvement. The Department of Environmental Protection and the |
| 2210 | Department of Agriculture and Consumer Services may adopt rules |
| 2211 | governing the distribution of funds for implementation of |
| 2212 | capital projects, best management practices, and other measures. |
| 2213 | These funds may not be used to abrogate the financial |
| 2214 | responsibility of those point and nonpoint sources that have |
| 2215 | contributed to the degradation of water or land areas. Increased |
| 2216 | priority shall be given by the department and the water |
| 2217 | management district governing boards to those projects that have |
| 2218 | secured a cost-sharing agreement that allocates responsibility |
| 2219 | for the cleanup of point and nonpoint sources. |
| 2220 | (c) Forty-one and ninety-two hundredths percent to the |
| 2221 | Department of Environmental Protection for the Disadvantaged |
| 2222 | Small Community Wastewater Grant Program as provided in s. |
| 2223 | 403.1838. |
| 2224 |
|
| 2225 | This subsection expires July 1, 2010. |
| 2226 | Section 25. Subsection (1) of section 403.891, Florida |
| 2227 | Statutes, is amended to read: |
| 2228 | 403.891 Water Protection and Sustainability Program Trust |
| 2229 | Fund of the Department of Environmental Protection.- |
| 2230 | (1) The Water Protection and Sustainability Program Trust |
| 2231 | Fund is created within the Department of Environmental |
| 2232 | Protection. The purpose of the trust fund is to receive funds |
| 2233 | pursuant to s. 201.15(1)(c)2., funds from other sources provided |
| 2234 | for in law and the General Appropriations Act, and funds |
| 2235 | received by the department in order to implement the provisions |
| 2236 | of the Water Sustainability and Protection Program created in s. |
| 2237 | 403.890. |
| 2238 | Section 26. Section 682.02, Florida Statutes, is amended |
| 2239 | to read: |
| 2240 | 682.02 Arbitration agreements made valid, irrevocable, and |
| 2241 | enforceable; scope.-Two or more parties may agree in writing to |
| 2242 | submit to arbitration any controversy existing between them at |
| 2243 | the time of the agreement, or they may include in a written |
| 2244 | contract a provision for the settlement by arbitration of any |
| 2245 | controversy thereafter arising between them relating to such |
| 2246 | contract or the failure or refusal to perform the whole or any |
| 2247 | part thereof. This section also applies to written interlocal |
| 2248 | agreements under ss. 163.01 and 373.713 373.1962 in which two or |
| 2249 | more parties agree to submit to arbitration any controversy |
| 2250 | between them concerning water use permit applications and other |
| 2251 | matters, regardless of whether or not the water management |
| 2252 | district with jurisdiction over the subject application is a |
| 2253 | party to the interlocal agreement or a participant in the |
| 2254 | arbitration. Such agreement or provision shall be valid, |
| 2255 | enforceable, and irrevocable without regard to the justiciable |
| 2256 | character of the controversy; provided that this act shall not |
| 2257 | apply to any such agreement or provision to arbitrate in which |
| 2258 | it is stipulated that this law shall not apply or to any |
| 2259 | arbitration or award thereunder. |
| 2260 | Section 27. Section 373.71, Florida Statutes, is |
| 2261 | renumbered as section 373.69, Florida Statutes. |
| 2262 | Section 28. Sections 373.0361, 373.0391, 373.0831, |
| 2263 | 373.196, 373.1961, 373.1962, and 373.1963, Florida Statutes, are |
| 2264 | repealed. |
| 2265 | Section 29. This act shall take effect July 1, 2010. |
