Bill Text: FL H1109 | 2010 | Regular Session | Engrossed

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Bill Title: Water Supply

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Messages, companion bill(s) passed, see CS/CS/CS/SB 550 (Ch. 2010-205) [H1109 Detail]

Download: Florida-2010-H1109-Engrossed.html

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CS/HB 1109

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
115	legislative intent with regard to the reorganization of
116	ch. 373, F.S.; providing an effective date.
117
118	Be It Enacted by the Legislature of the State of Florida:
119
120	Section 1. Part VII of chapter 373, Florida Statutes,
121	consisting of sections 373.701, 373.703, 373.705, 373.707,
122	373.709, 373.711, 373.713, and 373.715, is created to read:
123	PART VII
124	WATER SUPPLY POLICY, PLANNING, PRODUCTION, AND FUNDING
125	373.701 Declaration of policy.-It is declared to be the
126	policy of the Legislature:
127	(1) To promote the availability of sufficient water for
128	all existing and future reasonable-beneficial uses and natural
129	systems.
130	(2)(a) Because water constitutes a public resource
131	benefiting the entire state, it is the policy of the Legislature
132	that the waters in the state be managed on a state and regional
133	basis. Consistent with this directive, the Legislature
134	recognizes the need to allocate water throughout the state so as
135	to meet all reasonable-beneficial uses. However, the Legislature
136	acknowledges that such allocations have in the past adversely
137	affected the water resources of certain areas in this state. To
138	protect such water resources and to meet the current and future
139	needs of those areas with abundant water, the Legislature
140	directs the department and the water management districts to
141	encourage the use of water from sources nearest the area of use
142	or application whenever practicable. Such sources shall include
143	all naturally occurring water sources and all alternative water
144	sources, including, but not limited to, desalination,
145	conservation, reuse of nonpotable reclaimed water and
146	stormwater, and aquifer storage and recovery. Reuse of potable
147	reclaimed water and stormwater shall not be subject to the
148	evaluation described in s. 373.223(3)(a)-(g). However, this
149	directive to encourage the use of water, whenever practicable,
150	from sources nearest the area of use or application shall not
151	apply to the transport and direct and indirect use of water
152	within the area encompassed by the Central and Southern Florida
153	Flood Control Project, nor shall it apply anywhere in the state
154	to the transport and use of water supplied exclusively for
155	bottled water as defined in s. 500.03(1)(d), nor shall it apply
156	to the transport and use of reclaimed water for electrical power
157	production by an electric utility as defined in s. 366.02(2).
158	(b) In establishing the policy outlined in paragraph (a),
159	the Legislature realizes that under certain circumstances the
160	need to transport water from distant sources may be necessary
161	for environmental, technical, or economic reasons.
162	(3) Cooperative efforts between municipalities, counties,
163	water management districts, and the department are mandatory in
164	order to meet the water needs of rapidly urbanizing areas in a
165	manner that will supply adequate and dependable supplies of
166	water where needed without resulting in adverse effects upon the
167	areas from which such water is withdrawn. Such efforts should
168	use all practical means of obtaining water, including, but not
169	limited to, withdrawals of surface water and groundwater, reuse,
170	and desalination and will necessitate not only cooperation but
171	also well-coordinated activities. Municipalities, counties, and
172	special districts are encouraged to create regional water supply
173	authorities as authorized in s. 373.713 or multijurisdictional
174	water supply entities.
175	373.703 Water production; powers and duties.-In the
176	performance of, and in conjunction with, its other powers and
177	duties, the governing board of a water management district
178	existing pursuant to this chapter:
179	(1) Shall engage in planning to assist counties,
180	municipalities, special districts, publicly owned and privately
181	owned water utilities, multijurisdictional water supply
182	entities, or regional water supply authorities in meeting water
183	supply needs in such manner as will give priority to encouraging
184	conservation and reducing adverse environmental effects of
185	improper or excessive withdrawals of water from concentrated
186	areas. As used in this section and s. 373.707, regional water
187	supply authorities are regional water authorities created under
188	s. 373.713 or other laws of this state.
189	(2) Shall assist counties, municipalities, special
190	districts, publicly owned or privately owned water utilities,
191	multijurisdictional water supply entities, or regional water
192	supply authorities in meeting water supply needs in such manner
193	as will give priority to encouraging conservation and reducing
194	adverse environmental effects of improper or excessive
195	withdrawals of water from concentrated areas.
196	(3) May establish, design, construct, operate, and
197	maintain water production and transmission facilities for the
198	purpose of supplying water to counties, municipalities, special
199	districts, publicly owned and privately owned water utilities,
200	multijurisdictional water supply entities, or regional water
201	supply authorities. The permit required by part II of this
202	chapter for a water management district engaged in water
203	production and transmission shall be granted, denied, or granted
204	with conditions by the department.
205	(4) Shall not engage in local water supply distribution.
206	(5) Shall not deprive, directly or indirectly, any county
207	wherein water is withdrawn of the prior right to the reasonable
208	and beneficial use of water which is required to supply
209	adequately the reasonable and beneficial needs of the county or
210	any of the inhabitants or property owners therein.
211	(6) May provide water and financial assistance to regional
212	water supply authorities, but may not provide water to counties
213	and municipalities which are located within the area of such
214	authority without the specific approval of the authority or, in
215	the event of the authority's disapproval, the approval of the
216	Governor and Cabinet sitting as the Land and Water Adjudicatory
217	Commission. The district may supply water at rates and upon
218	terms mutually agreed to by the parties or, if they do not
219	agree, as set by the governing board and specifically approved
220	by the Governor and Cabinet sitting as the Land and Water
221	Adjudicatory Commission.
222	(7) May acquire title to such interest as is necessary in
223	real property, by purchase, gift, devise, lease, eminent domain,
224	or otherwise, for water production and transmission consistent
225	with this section and s. 373.707. However, the district shall
226	not use any of the eminent domain powers herein granted to
227	acquire water and water rights already devoted to reasonable and
228	beneficial use or any water production or transmission
229	facilities owned by any county, municipality, or regional water
230	supply authority. The district may exercise eminent domain
231	powers outside of its district boundaries for the acquisition of
232	pumpage facilities, storage areas, transmission facilities, and
233	the normal appurtenances thereto, provided that at least 45 days
234	prior to the exercise of eminent domain, the district notifies
235	the district where the property is located after public notice
236	and the district where the property is located does not object
237	within 45 days after notification of such exercise of eminent
238	domain authority.
239	(8) In addition to the power to issue revenue bonds
240	pursuant to s. 373.584, may issue revenue bonds for the purposes
241	of paying the costs and expenses incurred in carrying out the
242	purposes of this chapter or refunding obligations of the
243	district issued pursuant to this section. Such revenue bonds
244	shall be secured by, and be payable from, revenues derived from
245	the operation, lease, or use of its water production and
246	transmission facilities and other water-related facilities and
247	from the sale of water or services relating thereto. Such
248	revenue bonds may not be secured by, or be payable from, moneys
249	derived by the district from the Water Management Lands Trust
250	Fund or from ad valorem taxes received by the district. All
251	provisions of s. 373.584 relating to the issuance of revenue
252	bonds which are not inconsistent with this section shall apply
253	to the issuance of revenue bonds pursuant to this section. The
254	district may also issue bond anticipation notes in accordance
255	with the provisions of s. 373.584.
256	(9) May join with one or more other water management
257	districts, counties, municipalities, special districts, publicly
258	owned or privately owned water utilities, multijurisdictional
259	water supply entities, or regional water supply authorities for
260	the purpose of carrying out any of its powers, and may contract
261	with such other entities to finance acquisitions, construction,
262	operation, and maintenance. The contract may provide for
263	contributions to be made by each party thereto, for the division
264	and apportionment of the expenses of acquisitions, construction,
265	operation, and maintenance, and for the division and
266	apportionment of the benefits, services, and products therefrom.
267	The contracts may contain other covenants and agreements
268	necessary and appropriate to accomplish their purposes.
269	373.705 Water resource development; water supply
270	development.-
271	(1) The Legislature finds that:
272	(a) The proper role of the water management districts in
273	water supply is primarily planning and water resource
274	development, but this does not preclude them from providing
275	assistance with water supply development.
276	(b) The proper role of local government, regional water
277	supply authorities, and government-owned and privately owned
278	water utilities in water supply is primarily water supply
279	development, but this does not preclude them from providing
280	assistance with water resource development.
281	(c) Water resource development and water supply
282	development must receive priority attention, where needed, to
283	increase the availability of sufficient water for all existing
284	and future reasonable-beneficial uses and natural systems.
285	(2) It is the intent of the Legislature that:
286	(a) Sufficient water be available for all existing and
287	future reasonable-beneficial uses and the natural systems, and
288	that the adverse effects of competition for water supplies be
289	avoided.
290	(b) Water management districts take the lead in
291	identifying and implementing water resource development
292	projects, and be responsible for securing necessary funding for
293	regionally significant water resource development projects.
294	(c) Local governments, regional water supply authorities,
295	and government-owned and privately owned water utilities take
296	the lead in securing funds for and implementing water supply
297	development projects. Generally, direct beneficiaries of water
298	supply development projects should pay the costs of the projects
299	from which they benefit, and water supply development projects
300	should continue to be paid for through local funding sources.
301	(d) Water supply development be conducted in coordination
302	with water management district regional water supply planning
303	and water resource development.
304	(3) The water management districts shall fund and
305	implement water resource development as defined in s. 373.019.
306	The water management districts are encouraged to implement water
307	resource development as expeditiously as possible in areas
308	subject to regional water supply plans. Each governing board
309	shall include in its annual budget the amount needed for the
310	fiscal year to implement water resource development projects, as
311	prioritized in its regional water supply plans.
312	(4)(a) Water supply development projects which are
313	consistent with the relevant regional water supply plans and
314	which meet one or more of the following criteria shall receive
315	priority consideration for state or water management district
316	funding assistance:
317	1. The project supports establishment of a dependable,
318	sustainable supply of water which is not otherwise financially
319	feasible;
320	2. The project provides substantial environmental benefits
321	by preventing or limiting adverse water resource impacts, but
322	requires funding assistance to be economically competitive with
323	other options; or
324	3. The project significantly implements reuse, storage,
325	recharge, or conservation of water in a manner that contributes
326	to the sustainability of regional water sources.
327	(b) Water supply development projects that meet the
328	criteria in paragraph (a) and that meet one or more of the
329	following additional criteria shall be given first consideration
330	for state or water management district funding assistance:
331	1. The project brings about replacement of existing
332	sources in order to help implement a minimum flow or level; or
333	2. The project implements reuse that assists in the
334	elimination of domestic wastewater ocean outfalls as provided in
335	s. 403.086(9).
336	373.707 Alternative water supply development.-
337	(1) The purpose of this section is to encourage
338	cooperation in the development of water supplies and to provide
339	for alternative water supply development.
340	(a) Demands on natural supplies of fresh water to meet the
341	needs of a rapidly growing population and the needs of the
342	environment, agriculture, industry, and mining will continue to
343	increase.
344	(b) There is a need for the development of alternative
345	water supplies for Florida to sustain its economic growth,
346	economic viability, and natural resources.
347	(c) Cooperative efforts between municipalities, counties,
348	special districts, water management districts, and the
349	Department of Environmental Protection are mandatory in order to
350	meet the water needs of rapidly urbanizing areas in a manner
351	that will supply adequate and dependable supplies of water where
352	needed without resulting in adverse effects upon the areas from
353	which such water is withdrawn. Such efforts should use all
354	practical means of obtaining water, including, but not limited
355	to, withdrawals of surface water and groundwater, reuse, and
356	desalinization, and will necessitate not only cooperation but
357	also well-coordinated activities. Municipalities, counties, and
358	special districts are encouraged to create regional water supply
359	authorities as authorized in s. 373.713 or multijurisdictional
360	water supply entities.
361	(d) Alternative water supply development must receive
362	priority funding attention to increase the available supplies of
363	water to meet all existing and future reasonable-beneficial uses
364	and to benefit the natural systems.
365	(e) Cooperation between counties, municipalities, regional
366	water supply authorities, multijurisdictional water supply
367	entities, special districts, and publicly owned and privately
368	owned water utilities in the development of countywide and
369	multicountywide alternative water supply projects will allow for
370	necessary economies of scale and efficiencies to be achieved in
371	order to accelerate the development of new, dependable, and
372	sustainable alternative water supplies.
373	(f) It is in the public interest that county, municipal,
374	industrial, agricultural, and other public and private water
375	users, the Department of Environmental Protection, and the water
376	management districts cooperate and work together in the
377	development of alternative water supplies to avoid the adverse
378	effects of competition for limited supplies of water. Public
379	moneys or services provided to private entities for alternative
380	water supply development may constitute public purposes that
381	also are in the public interest.
382	(2)(a) Sufficient water must be available for all existing
383	and future reasonable-beneficial uses and the natural systems,
384	and the adverse effects of competition for water supplies must
385	be avoided.
386	(b) Water supply development and alternative water supply
387	development must be conducted in coordination with water
388	management district regional water supply planning.
389	(c) Funding for the development of alternative water
390	supplies shall be a shared responsibility of water suppliers and
391	users, the State of Florida, and the water management districts,
392	with water suppliers and users having the primary responsibility
393	and the State of Florida and the water management districts
394	being responsible for providing funding assistance.
395	(3) The primary roles of the water management districts in
396	water resource development as it relates to supporting
397	alternative water supply development are:
398	(a) The formulation and implementation of regional water
399	resource management strategies that support alternative water
400	supply development;
401	(b) The collection and evaluation of surface water and
402	groundwater data to be used for a planning level assessment of
403	the feasibility of alternative water supply development
404	projects;
405	(c) The construction, operation, and maintenance of major
406	public works facilities for flood control, surface and
407	underground water storage, and groundwater recharge augmentation
408	to support alternative water supply development;
409	(d) Planning for alternative water supply development as
410	provided in regional water supply plans in coordination with
411	local governments, regional water supply authorities,
412	multijurisdictional water supply entities, special districts,
413	and publicly owned and privately owned water utilities and self-
414	suppliers;
415	(e) The formulation and implementation of structural and
416	nonstructural programs to protect and manage water resources in
417	support of alternative water supply projects; and
418	(f) The provision of technical and financial assistance to
419	local governments and publicly owned and privately owned water
420	utilities for alternative water supply projects.
421	(4) The primary roles of local government, regional water
422	supply authorities, multijurisdictional water supply entities,
423	special districts, and publicly owned and privately owned water
424	utilities in alternative water supply development shall be:
425	(a) The planning, design, construction, operation, and
426	maintenance of alternative water supply development projects;
427	(b) The formulation and implementation of alternative
428	water supply development strategies and programs;
429	(c) The planning, design, construction, operation, and
430	maintenance of facilities to collect, divert, produce, treat,
431	transmit, and distribute water for sale, resale, or end use; and
432	(d) The coordination of alternative water supply
433	development activities with the appropriate water management
434	district having jurisdiction over the activity.
435	(5) Nothing in this section shall be construed to preclude
436	the various special districts, municipalities, and counties from
437	continuing to operate existing water production and transmission
438	facilities or to enter into cooperative agreements with other
439	special districts, municipalities, and counties for the purpose
440	of meeting their respective needs for dependable and adequate
441	supplies of water; however, the obtaining of water through such
442	operations shall not be done in a manner that results in adverse
443	effects upon the areas from which such water is withdrawn.
444	(6)(a) The statewide funds provided pursuant to the Water
445	Protection and Sustainability Program serve to supplement
446	existing water management district or basin board funding for
447	alternative water supply development assistance and should not
448	result in a reduction of such funding. Therefore, the water
449	management districts shall include in the annual tentative and
450	adopted budget submittals required under this chapter the amount
451	of funds allocated for water resource development that supports
452	alternative water supply development and the funds allocated for
453	alternative water supply projects selected for inclusion in the
454	Water Protection and Sustainability Program. It shall be the
455	goal of each water management district and basin boards that the
456	combined funds allocated annually for these purposes be, at a
457	minimum, the equivalent of 100 percent of the state funding
458	provided to the water management district for alternative water
459	supply development. If this goal is not achieved, the water
460	management district shall provide in the budget submittal an
461	explanation of the reasons or constraints that prevent this goal
462	from being met, an explanation of how the goal will be met in
463	future years, and affirmation of match is required during the
464	budget review process as established under s. 373.536(5). The
465	Suwannee River Water Management District and the Northwest
466	Florida Water Management District shall not be required to meet
467	the match requirements of this paragraph; however, they shall
468	try to achieve the match requirement to the greatest extent
469	practicable.
470	(b) State funds from the Water Protection and
471	Sustainability Program created in s. 403.890 shall be made
472	available for financial assistance for the project construction
473	costs of alternative water supply development projects selected
474	by a water management district governing board for inclusion in
475	the program.
476	(7) The water management district shall implement its
477	responsibilities as expeditiously as possible in areas subject
478	to regional water supply plans. Each district's governing board
479	shall include in its annual budget the amount needed for the
480	fiscal year to assist in implementing alternative water supply
481	development projects.
482	(8)(a) The water management districts and the state shall
483	share a percentage of revenues with water providers and users,
484	including local governments, water, wastewater, and reuse
485	utilities, municipal, special district, industrial, and
486	agricultural water users, and other public and private water
487	users, to be used to supplement other funding sources in the
488	development of alternative water supplies.
489	(b) Beginning in fiscal year 2005-2006, the state shall
490	annually provide a portion of those revenues deposited into the
491	Water Protection and Sustainability Program Trust Fund for the
492	purpose of providing funding assistance for the development of
493	alternative water supplies pursuant to the Water Protection and
494	Sustainability Program. At the beginning of each fiscal year,
495	beginning with fiscal year 2005-2006, such revenues shall be
496	distributed by the department into the alternative water supply
497	trust fund accounts created by each district for the purpose of
498	alternative water supply development under the following funding
499	formula:
500	1. Thirty percent to the South Florida Water Management
501	District;
502	2. Twenty-five percent to the Southwest Florida Water
503	Management District;
504	3. Twenty-five percent to the St. Johns River Water
505	Management District;
506	4. Ten percent to the Suwannee River Water Management
507	District; and
508	5. Ten percent to the Northwest Florida Water Management
509	District.
510	(c) The financial assistance for alternative water supply
511	projects allocated in each district's budget as required in
512	subsection (6) shall be combined with the state funds and used
513	to assist in funding the project construction costs of
514	alternative water supply projects selected by the governing
515	board. If the district has not completed any regional water
516	supply plan, or the regional water supply plan does not identify
517	the need for any alternative water supply projects, funds
518	deposited in that district's trust fund may be used for water
519	resource development projects, including, but not limited to,
520	springs protection.
521	(d) All projects submitted to the governing board for
522	consideration shall reflect the total capital cost for
523	implementation. The costs shall be segregated pursuant to the
524	categories described in the definition of capital costs.
525	(e) Applicants for projects that may receive funding
526	assistance pursuant to the Water Protection and Sustainability
527	Program shall, at a minimum, be required to pay 60 percent of
528	the project's construction costs. The water management districts
529	may, at their discretion, totally or partially waive this
530	requirement for projects sponsored by financially disadvantaged
531	small local governments as defined in former s. 403.885(5). The
532	water management districts or basin boards may, at their
533	discretion, use ad valorem or federal revenues to assist a
534	project applicant in meeting the requirements of this paragraph.
535	(f) The governing boards shall determine those projects
536	that will be selected for financial assistance. The governing
537	boards may establish factors to determine project funding;
538	however, significant weight shall be given to the following
539	factors:
540	1. Whether the project provides substantial environmental
541	benefits by preventing or limiting adverse water resource
542	impacts.
543	2. Whether the project reduces competition for water
544	supplies.
545	3. Whether the project brings about replacement of
546	traditional sources in order to help implement a minimum flow or
547	level or a reservation.
548	4. Whether the project will be implemented by a
549	consumptive use permittee that has achieved the targets
550	contained in a goal-based water conservation program approved
551	pursuant to s. 373.227.
552	5. The quantity of water supplied by the project as
553	compared to its cost.
554	6. Projects in which the construction and delivery to end
555	users of reuse water is a major component.
556	7. Whether the project will be implemented by a
557	multijurisdictional water supply entity or regional water supply
558	authority.
559	8. Whether the project implements reuse that assists in
560	the elimination of domestic wastewater ocean outfalls as
561	provided in s. 403.086(9).
562	(g) Additional factors to be considered in determining
563	project funding shall include:
564	1. Whether the project is part of a plan to implement two
565	or more alternative water supply projects, all of which will be
566	operated to produce water at a uniform rate for the participants
567	in a multijurisdictional water supply entity or regional water
568	supply authority.
569	2. The percentage of project costs to be funded by the
570	water supplier or water user.
571	3. Whether the project proposal includes sufficient
572	preliminary planning and engineering to demonstrate that the
573	project can reasonably be implemented within the timeframes
574	provided in the regional water supply plan.
575	4. Whether the project is a subsequent phase of an
576	alternative water supply project that is underway.
577	5. Whether and in what percentage a local government or
578	local government utility is transferring water supply system
579	revenues to the local government general fund in excess of
580	reimbursements for services received from the general fund,
581	including direct and indirect costs and legitimate payments in
582	lieu of taxes.
583	(h) After conducting one or more meetings to solicit
584	public input on eligible projects, including input from those
585	entities identified pursuant to s. 373.709(2)(a)3.d. for
586	implementation of alternative water supply projects, the
587	governing board of each water management district shall select
588	projects for funding assistance based upon the criteria set
589	forth in paragraphs (f) and (g). The governing board may select
590	a project identified or listed as an alternative water supply
591	development project in the regional water supply plan, or
592	allocate up to 20 percent of the funding for alternative water
593	supply projects that are not identified or listed in the
594	regional water supply plan but are consistent with the goals of
595	the plan.
596	(i) Without diminishing amounts available through other
597	means described in this paragraph, the governing boards are
598	encouraged to consider establishing revolving loan funds to
599	expand the total funds available to accomplish the objectives of
600	this section. A revolving loan fund created under this paragraph
601	must be a nonlapsing fund from which the water management
602	district may make loans with interest rates below prevailing
603	market rates to public or private entities for the purposes
604	described in this section. The governing board may adopt
605	resolutions to establish revolving loan funds which must specify
606	the details of the administration of the fund, the procedures
607	for applying for loans from the fund, the criteria for awarding
608	loans from the fund, the initial capitalization of the fund, and
609	the goals for future capitalization of the fund in subsequent
610	budget years. Revolving loan funds created under this paragraph
611	must be used to expand the total sums and sources of cooperative
612	funding available for the development of alternative water
613	supplies. The Legislature does not intend for the creation of
614	revolving loan funds to supplant or otherwise reduce existing
615	sources or amounts of funds currently available through other
616	means.
617	(j) For each utility that receives financial assistance
618	from the state or a water management district for an alternative
619	water supply project, the water management district shall
620	require the appropriate rate-setting authority to develop rate
621	structures for water customers in the service area of the funded
622	utility that will:
623	1. Promote the conservation of water; and
624	2. Promote the use of water from alternative water
625	supplies.
626	(k) The governing boards shall establish a process for the
627	disbursal of revenues pursuant to this subsection.
628	(l) All revenues made available pursuant to this
629	subsection must be encumbered annually by the governing board
630	when it approves projects sufficient to expend the available
631	revenues.
632	(m) This subsection is not subject to the rulemaking
633	requirements of chapter 120.
634	(n) By March 1 of each year, as part of the consolidated
635	annual report required by s. 373.036(7), each water management
636	district shall submit a report on the disbursal of all budgeted
637	amounts pursuant to this section. Such report shall describe all
638	alternative water supply projects funded as well as the quantity
639	of new water to be created as a result of such projects and
640	shall account separately for any other moneys provided through
641	grants, matching grants, revolving loans, and the use of
642	district lands or facilities to implement regional water supply
643	plans.
644	(o) The Florida Public Service Commission shall allow
645	entities under its jurisdiction constructing or participating in
646	constructing facilities that provide alternative water supplies
647	to recover their full, prudently incurred cost of constructing
648	such facilities through their rate structure. If construction of
649	a facility or participation in construction is pursuant to or in
650	furtherance of a regional water supply plan, the cost shall be
651	deemed to be prudently incurred. Every component of an
652	alternative water supply facility constructed by an investor-
653	owned utility shall be recovered in current rates. Any state or
654	water management district cost-share is not subject to the
655	recovery provisions allowed in this paragraph.
656	(9) Funding assistance provided by the water management
657	districts for a water reuse system may include the following
658	conditions for that project if a water management district
659	determines that such conditions will encourage water use
660	efficiency:
661	(a) Metering of reclaimed water use for residential
662	irrigation, agricultural irrigation, industrial uses, except for
663	electric utilities as defined in s. 366.02(2), landscape
664	irrigation, golf course irrigation, irrigation of other public
665	access areas, commercial and institutional uses such as toilet
666	flushing, and transfers to other reclaimed water utilities;
667	(b) Implementation of reclaimed water rate structures
668	based on actual use of reclaimed water for the reuse activities
669	listed in paragraph (a);
670	(c) Implementation of education programs to inform the
671	public about water issues, water conservation, and the
672	importance and proper use of reclaimed water; or
673	(d) Development of location data for key reuse facilities.
674	373.709 Regional water supply planning.-
675	(1) The governing board of each water management district
676	shall conduct water supply planning for any water supply
677	planning region within the district identified in the
678	appropriate district water supply plan under s. 373.036, where
679	it determines that existing sources of water are not adequate to
680	supply water for all existing and future reasonable-beneficial
681	uses and to sustain the water resources and related natural
682	systems for the planning period. The planning must be conducted
683	in an open public process, in coordination and cooperation with
684	local governments, regional water supply authorities,
685	government-owned and privately owned water utilities,
686	multijurisdictional water supply entities, self-suppliers, and
687	other affected and interested parties. The districts shall
688	actively engage in public education and outreach to all affected
689	local entities and their officials, as well as members of the
690	public, in the planning process and in seeking input. During
691	preparation, but prior to completion of the regional water
692	supply plan, the district must conduct at least one public
693	workshop to discuss the technical data and modeling tools
694	anticipated to be used to support the regional water supply
695	plan. The district shall also hold several public meetings to
696	communicate the status, overall conceptual intent, and impacts
697	of the plan on existing and future reasonable-beneficial uses
698	and related natural systems. During the planning process, a
699	local government may choose to prepare its own water supply
700	assessment to determine if existing water sources are adequate
701	to meet existing and projected reasonable-beneficial needs of
702	the local government while sustaining water resources and
703	related natural systems. The local government shall submit such
704	assessment, including the data and methodology used, to the
705	district. The district shall consider the local government's
706	assessment during the formation of the plan. A determination by
707	the governing board that initiation of a regional water supply
708	plan for a specific planning region is not needed pursuant to
709	this section shall be subject to s. 120.569. The governing board
710	shall reevaluate such a determination at least once every 5
711	years and shall initiate a regional water supply plan, if
712	needed, pursuant to this subsection.
713	(2) Each regional water supply plan shall be based on at
714	least a 20-year planning period and shall include, but need not
715	be limited to:
716	(a) A water supply development component for each water
717	supply planning region identified by the district which
718	includes:
719	1. A quantification of the water supply needs for all
720	existing and future reasonable-beneficial uses within the
721	planning horizon. The level-of-certainty planning goal
722	associated with identifying the water supply needs of existing
723	and future reasonable-beneficial uses shall be based upon
724	meeting those needs for a 1-in-10-year drought event. Population
725	projections used for determining public water supply needs must
726	be based upon the best available data. In determining the best
727	available data, the district shall consider the University of
728	Florida's Bureau of Economic and Business Research (BEBR) medium
729	population projections and any population projection data and
730	analysis submitted by a local government pursuant to the public
731	workshop described in subsection (1) if the data and analysis
732	support the local government's comprehensive plan. Any
733	adjustment of or deviation from the BEBR projections must be
734	fully described, and the original BEBR data must be presented
735	along with the adjusted data.
736	2. A list of water supply development project options,
737	including traditional and alternative water supply project
738	options, from which local government, government-owned and
739	privately owned utilities, regional water supply authorities,
740	multijurisdictional water supply entities, self-suppliers, and
741	others may choose for water supply development. In addition to
742	projects listed by the district, such users may propose specific
743	projects for inclusion in the list of alternative water supply
744	projects. If such users propose a project to be listed as an
745	alternative water supply project, the district shall determine
746	whether it meets the goals of the plan, and, if so, it shall be
747	included in the list. The total capacity of the projects
748	included in the plan shall exceed the needs identified in
749	subparagraph 1. and shall take into account water conservation
750	and other demand management measures, as well as water resources
751	constraints, including adopted minimum flows and levels and
752	water reservations. Where the district determines it is
753	appropriate, the plan should specifically identify the need for
754	multijurisdictional approaches to project options that, based on
755	planning level analysis, are appropriate to supply the intended
756	uses and that, based on such analysis, appear to be permittable
757	and financially and technically feasible. The list of water
758	supply development options must contain provisions that
759	recognize that alternative water supply options for agricultural
760	self-suppliers are limited.
761	3. For each project option identified in subparagraph 2.,
762	the following shall be provided:
763	a. An estimate of the amount of water to become available
764	through the project.
765	b. The timeframe in which the project option should be
766	implemented and the estimated planning-level costs for capital
767	investment and operating and maintaining the project.
768	c. An analysis of funding needs and sources of possible
769	funding options. For alternative water supply projects the water
770	management districts shall provide funding assistance in
771	accordance with s. 373.707(8).
772	d. Identification of the entity that should implement each
773	project option and the current status of project implementation.
774	(b) A water resource development component that includes:
775	1. A listing of those water resource development projects
776	that support water supply development.
777	2. For each water resource development project listed:
778	a. An estimate of the amount of water to become available
779	through the project.
780	b. The timeframe in which the project option should be
781	implemented and the estimated planning-level costs for capital
782	investment and for operating and maintaining the project.
783	c. An analysis of funding needs and sources of possible
784	funding options.
785	d. Identification of the entity that should implement each
786	project option and the current status of project implementation.
787	(c) The recovery and prevention strategy described in s.
788	373.0421(2).
789	(d) A funding strategy for water resource development
790	projects, which shall be reasonable and sufficient to pay the
791	cost of constructing or implementing all of the listed projects.
792	(e) Consideration of how the project options addressed in
793	paragraph (a) serve the public interest or save costs overall by
794	preventing the loss of natural resources or avoiding greater
795	future expenditures for water resource development or water
796	supply development. However, unless adopted by rule, these
797	considerations do not constitute final agency action.
798	(f) The technical data and information applicable to each
799	planning region which are necessary to support the regional
800	water supply plan.
801	(g) The minimum flows and levels established for water
802	resources within each planning region.
803	(h) Reservations of water adopted by rule pursuant to s.
804	373.223(4) within each planning region.
805	(i) Identification of surface waters or aquifers for which
806	minimum flows and levels are scheduled to be adopted.
807	(j) An analysis, developed in cooperation with the
808	department, of areas or instances in which the variance
809	provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to
810	create water supply development or water resource development
811	projects.
812	(3) The water supply development component of a regional
813	water supply plan which deals with or affects public utilities
814	and public water supply for those areas served by a regional
815	water supply authority and its member governments within the
816	boundary of the Southwest Florida Water Management District
817	shall be developed jointly by the authority and the district. In
818	areas not served by regional water supply authorities, or other
819	multijurisdictional water supply entities, and where
820	opportunities exist to meet water supply needs more efficiently
821	through multijurisdictional projects identified pursuant to
822	paragraph (2)(a), water management districts are directed to
823	assist in developing multijurisdictional approaches to water
824	supply project development jointly with affected water
825	utilities, special districts, and local governments.
826	(4) The South Florida Water Management District shall
827	include in its regional water supply plan water resource and
828	water supply development projects that promote the elimination
829	of wastewater ocean outfalls as provided in s. 403.086(9).
830	(5) Governing board approval of a regional water supply
831	plan shall not be subject to the rulemaking requirements of
832	chapter 120. However, any portion of an approved regional water
833	supply plan which affects the substantial interests of a party
834	shall be subject to s. 120.569.
835	(6) Annually and in conjunction with the reporting
836	requirements of s. 373.536(6)(a)4., the department shall submit
837	to the Governor and the Legislature a report on the status of
838	regional water supply planning in each district. The report
839	shall include:
840	(a) A compilation of the estimated costs of and potential
841	sources of funding for water resource development and water
842	supply development projects as identified in the water
843	management district regional water supply plans.
844	(b) The percentage and amount, by district, of district ad
845	valorem tax revenues or other district funds made available to
846	develop alternative water supplies.
847	(c) A description of each district's progress toward
848	achieving its water resource development objectives, including
849	the district's implementation of its 5-year water resource
850	development work program.
851	(d) An assessment of the specific progress being made to
852	implement each alternative water supply project option chosen by
853	the entities and identified for implementation in the plan.
854	(e) An overall assessment of the progress being made to
855	develop water supply in each district, including, but not
856	limited to, an explanation of how each project, either
857	alternative or traditional, will produce, contribute to, or
858	account for additional water being made available for
859	consumptive uses, an estimate of the quantity of water to be
860	produced by each project, and an assessment of the contribution
861	of the district's regional water supply plan in providing
862	sufficient water to meet the needs of existing and future
863	reasonable-beneficial uses for a 1-in-10 year drought event, as
864	well as the needs of the natural systems.
865	(7) Nothing contained in the water supply development
866	component of a regional water supply plan shall be construed to
867	require local governments, government-owned or privately owned
868	water utilities, special districts, self-suppliers, regional
869	water supply authorities, multijurisdictional water supply
870	entities, or other water suppliers to select a water supply
871	development project identified in the component merely because
872	it is identified in the plan. Except as provided in s.
873	373.223(3) and (5), the plan may not be used in the review of
874	permits under part II of this chapter unless the plan or an
875	applicable portion thereof has been adopted by rule. However,
876	this subsection does not prohibit a water management district
877	from employing the data or other information used to establish
878	the plan in reviewing permits under part II, nor does it limit
879	the authority of the department or governing board under part
880	II.
881	(8) Where the water supply component of a water supply
882	planning region shows the need for one or more alternative water
883	supply projects, the district shall notify the affected local
884	governments and make every reasonable effort to educate and
885	involve local public officials in working toward solutions in
886	conjunction with the districts and, where appropriate, other
887	local and regional water supply entities.
888	(a) Within 6 months following approval or amendment of its
889	regional water supply plan, each water management district shall
890	notify by certified mail each entity identified in sub-
891	subparagraph (2)(a)3.d. of that portion of the plan relevant to
892	the entity. Upon request of such an entity, the water management
893	district shall appear before and present its findings and
894	recommendations to the entity.
895	(b) Within 1 year after the notification by a water
896	management district pursuant to paragraph (a), each entity
897	identified in sub-subparagraph (2)(a)3.d. shall provide to the
898	water management district written notification of the following:
899	the alternative water supply projects or options identified in
900	paragraph (2)(a) which it has developed or intends to develop,
901	if any; an estimate of the quantity of water to be produced by
902	each project; and the status of project implementation,
903	including development of the financial plan, facilities master
904	planning, permitting, and efforts in coordinating
905	multijurisdictional projects, if applicable. The information
906	provided in the notification shall be updated annually, and a
907	progress report shall be provided by November 15 of each year to
908	the water management district. If an entity does not intend to
909	develop one or more of the alternative water supply project
910	options identified in the regional water supply plan, the entity
911	shall propose, within 1 year after notification by a water
912	management district pursuant to paragraph (a), another
913	alternative water supply project option sufficient to address
914	the needs identified in paragraph (2)(a) within the entity's
915	jurisdiction and shall provide an estimate of the quantity of
916	water to be produced by the project and the status of project
917	implementation as described in this paragraph. The entity may
918	request that the water management district consider the other
919	project for inclusion in the regional water supply plan.
920	(9) For any regional water supply plan that is scheduled
921	to be updated before December 31, 2005, the deadline for such
922	update shall be extended by 1 year.
923	373.711 Technical assistance to local governments.-
924	(1) The water management districts shall assist local
925	governments in the development and future revision of local
926	government comprehensive plan elements or public facilities
927	report as required by s. 189.415, related to water resource
928	issues.
929	(2) By July 1, 1991, each water management district shall
930	prepare and provide information and data to assist local
931	governments in the preparation and implementation of their local
932	government comprehensive plans or public facilities report as
933	required by s. 189.415, whichever is applicable. Such
934	information and data shall include, but not be limited to:
935	(a) All information and data required in a public
936	facilities report pursuant to s. 189.415.
937	(b) A description of regulations, programs, and schedules
938	implemented by the district.
939	(c) Identification of regulations, programs, and schedules
940	undertaken or proposed by the district to further the State
941	Comprehensive Plan.
942	(d) A description of surface water basins, including
943	regulatory jurisdictions, flood-prone areas, existing and
944	projected water quality in water management district operated
945	facilities, as well as surface water runoff characteristics and
946	topography regarding flood plains, wetlands, and recharge areas.
947	(e) A description of groundwater characteristics,
948	including existing and planned wellfield sites, existing and
949	anticipated cones of influence, highly productive groundwater
950	areas, aquifer recharge areas, deep well injection zones,
951	contaminated areas, an assessment of regional water resource
952	needs and sources for the next 20 years, and water quality.
953	(f) The identification of existing and potential water
954	management district land acquisitions.
955	(g) Information reflecting the minimum flows for surface
956	watercourses to avoid harm to water resources or the ecosystem
957	and information reflecting the minimum water levels for aquifers
958	to avoid harm to water resources or the ecosystem.
959	373.713 Regional water supply authorities.-
960	(1) By interlocal agreement between counties,
961	municipalities, or special districts, as applicable, pursuant to
962	the Florida Interlocal Cooperation Act of 1969, s. 163.01, and
963	upon the approval of the Secretary of Environmental Protection
964	to ensure that such agreement will be in the public interest and
965	complies with the intent and purposes of this act, regional
966	water supply authorities may be created for the purpose of
967	developing, recovering, storing, and supplying water for county
968	or municipal purposes in such a manner as will give priority to
969	reducing adverse environmental effects of excessive or improper
970	withdrawals of water from concentrated areas. In approving said
971	agreement the Secretary of Environmental Protection shall
972	consider, but not be limited to, the following:
973	(a) Whether the geographic territory of the proposed
974	authority is of sufficient size and character to reduce the
975	environmental effects of improper or excessive withdrawals of
976	water from concentrated areas.
977	(b) The maximization of economic development of the water
978	resources within the territory of the proposed authority.
979	(c) The availability of a dependable and adequate water
980	supply.
981	(d) The ability of any proposed authority to design,
982	construct, operate, and maintain water supply facilities in the
983	locations, and at the times necessary, to ensure that an
984	adequate water supply will be available to all citizens within
985	the authority.
986	(e) The effect or impact of any proposed authority on any
987	municipality, county, or existing authority or authorities.
988	(f) The existing needs of the water users within the area
989	of the authority.
990	(2) In addition to other powers and duties agreed upon,
991	and notwithstanding the provisions of s. 163.01, such authority
992	may:
993	(a) Upon approval of the electors residing in each county
994	or municipality within the territory to be included in any
995	authority, levy ad valorem taxes, not to exceed 0.5 mill,
996	pursuant to s. 9(b), Art. VII of the State Constitution. No tax
997	authorized by this paragraph shall be levied in any county or
998	municipality without an affirmative vote of the electors
999	residing in such county or municipality.
1000	(b) Acquire water and water rights; develop, store, and
1001	transport water; provide, sell, and deliver water for county or
1002	municipal uses and purposes; and provide for the furnishing of
1003	such water and water service upon terms and conditions and at
1004	rates which will apportion to parties and nonparties an
1005	equitable share of the capital cost and operating expense of the
1006	authority's work to the purchaser.
1007	(c) Collect, treat, and recover wastewater.
1008	(d) Not engage in local distribution.
1009	(e) Exercise the power of eminent domain in the manner
1010	provided by law for the condemnation of private property for
1011	public use to acquire title to such interest in real property as
1012	is necessary to the exercise of the powers herein granted,
1013	except water and water rights already devoted to reasonable and
1014	beneficial use or any water production or transmission
1015	facilities owned by any county or municipality.
1016	(f) Issue revenue bonds in the manner prescribed by the
1017	Revenue Bond Act of 1953, as amended, part I, chapter 159, to be
1018	payable solely from funds derived from the sale of water by the
1019	authority to any county or municipality. Such bonds may be
1020	additionally secured by the full faith and credit of any county
1021	or municipality, as provided by s. 159.16 or by a pledge of
1022	excise taxes, as provided by s. 159.19. For the purpose of
1023	issuing revenue bonds, an authority shall be considered a "unit"
1024	as defined in s. 159.02(2) and as that term is used in the
1025	Revenue Bond Act of 1953, as amended. Such bonds may be issued
1026	to finance the cost of acquiring properties and facilities for
1027	the production and transmission of water by the authority to any
1028	county or municipality, which cost shall include the acquisition
1029	of real property and easements therein for such purposes. Such
1030	bonds may be in the form of refunding bonds to take up any
1031	outstanding bonds of the authority or of any county or
1032	municipality where such outstanding bonds are secured by
1033	properties and facilities for production and transmission of
1034	water, which properties and facilities are being acquired by the
1035	authority. Refunding bonds may be issued to take up and refund
1036	all outstanding bonds of said authority that are subject to call
1037	and termination, and all bonds of said authority that are not
1038	subject to call or redemption, when the surrender of said bonds
1039	can be procured from the holder thereof at prices satisfactory
1040	to the authority. Such refunding bonds may be issued at any time
1041	when, in the judgment of the authority, it will be to the best
1042	interest of the authority financially or economically by
1043	securing a lower rate of interest on said bonds or by extending
1044	the time of maturity of said bonds or, for any other reason, in
1045	the judgment of the authority, advantageous to said authority.
1046	(g) Sue and be sued in its own name.
1047	(h) Borrow money and incur indebtedness and issue bonds or
1048	other evidence of such indebtedness.
1049	(i) Join with one or more other public corporations for
1050	the purpose of carrying out any of its powers and for that
1051	purpose to contract with such other public corporation or
1052	corporations for the purpose of financing such acquisitions,
1053	construction, and operations. Such contracts may provide for
1054	contributions to be made by each party thereto, for the division
1055	and apportionment of the expenses of such acquisitions and
1056	operations, and for the division and apportionment of the
1057	benefits, services, and products therefrom. Such contract may
1058	contain such other and further covenants and agreements as may
1059	be necessary and convenient to accomplish the purposes hereof.
1060	(3) A regional water supply authority is authorized to
1061	develop, construct, operate, maintain, or contract for
1062	alternative sources of potable water, including desalinated
1063	water, and pipelines to interconnect authority sources and
1064	facilities, either by itself or jointly with a water management
1065	district; however, such alternative potable water sources,
1066	facilities, and pipelines may also be privately developed,
1067	constructed, owned, operated, and maintained, in which event an
1068	authority and a water management district are authorized to
1069	pledge and contribute their funds to reduce the wholesale cost
1070	of water from such alternative sources of potable water supplied
1071	by an authority to its member governments.
1072	(4) When it is found to be in the public interest, for the
1073	public convenience and welfare, for a public benefit, and
1074	necessary for carrying out the purpose of any regional water
1075	supply authority, any state agency, county, water control
1076	district existing pursuant to chapter 298, water management
1077	district existing pursuant to this chapter, municipality,
1078	governmental agency, or public corporation in this state holding
1079	title to any interest in land is hereby authorized, in its
1080	discretion, to convey the title to or dedicate land, title to
1081	which is in such entity, including tax-reverted land, or to
1082	grant use-rights therein, to any regional water supply authority
1083	created pursuant to this section. Land granted or conveyed to
1084	such authority shall be for the public purposes of such
1085	authority and may be made subject to the condition that in the
1086	event said land is not so used, or if used and subsequently its
1087	use for said purpose is abandoned, the interest granted shall
1088	cease as to such authority and shall automatically revert to the
1089	granting entity.
1090	(5) Each county, special district, or municipality that is
1091	a party to an agreement pursuant to subsection (1) shall have a
1092	preferential right to purchase water from the regional water
1093	supply authority for use by such county, special district, or
1094	municipality.
1095	(6) In carrying out the provisions of this section, any
1096	county wherein water is withdrawn by the authority shall not be
1097	deprived, directly or indirectly, of the prior right to the
1098	reasonable and beneficial use of water which is required
1099	adequately to supply the reasonable and beneficial needs of the
1100	county or any of the inhabitants or property owners therein.
1101	(7) Upon a resolution adopted by the governing body of any
1102	county or municipality, the authority may, subject to a majority
1103	vote of its voting members, include such county or municipality
1104	in its regional water supply authority upon such terms and
1105	conditions as may be prescribed.
1106	(8) The authority shall design, construct, operate, and
1107	maintain facilities in the locations and at the times necessary
1108	to ensure that an adequate water supply will be available to all
1109	citizens within the authority.
1110	(9) Where a water supply authority exists pursuant to this
1111	section or s. 373.715 under a voluntary interlocal agreement
1112	that is consistent with requirements in s. 373.715(1)(b) and
1113	receives or maintains consumptive use permits under this
1114	voluntary agreement consistent with the water supply plan, if
1115	any, adopted by the governing board, such authority shall be
1116	exempt from consideration by the governing board or department
1117	of the factors specified in s. 373.223(3)(a)-(g) and the
1118	submissions required by s. 373.229(3). Such exemptions shall
1119	apply only to water sources within the jurisdictional areas of
1120	such voluntary water supply interlocal agreements.
1121	373.715 Assistance to West Coast Regional Water Supply
1122	Authority.-
1123	(1) It is the intent of the Legislature to authorize the
1124	implementation of changes in governance recommended by the West
1125	Coast Regional Water Supply Authority in its reports to the
1126	Legislature dated February 1, 1997, and January 5, 1998. The
1127	authority and its member governments may reconstitute the
1128	authority's governance and rename the authority under a
1129	voluntary interlocal agreement with a term of not less than 20
1130	years. The interlocal agreement must comply with this subsection
1131	as follows:
1132	(a) The authority and its member governments agree that
1133	cooperative efforts are mandatory to meet their water needs in a
1134	manner that will provide adequate and dependable supplies of
1135	water where needed without resulting in adverse environmental
1136	effects upon the areas from which the water is withdrawn or
1137	otherwise produced.
1138	(b) In accordance with s. 4, Art. VIII of the State
1139	Constitution and notwithstanding s. 163.01, the interlocal
1140	agreement may include the following terms, which are considered
1141	approved by the parties without a vote of their electors, upon
1142	execution of the interlocal agreement by all member governments
1143	and upon satisfaction of all conditions precedent in the
1144	interlocal agreement:
1145	1. All member governments shall relinquish to the
1146	authority their individual rights to develop potable water
1147	supply sources, except as otherwise provided in the interlocal
1148	agreement;
1149	2. The authority shall be the sole and exclusive wholesale
1150	potable water supplier for all member governments; and
1151	3. The authority shall have the absolute and unequivocal
1152	obligation to meet the wholesale needs of the member governments
1153	for potable water.
1154	4. A member government may not restrict or prohibit the
1155	use of land within a member's jurisdictional boundaries by the
1156	authority for water supply purposes through use of zoning, land
1157	use, comprehensive planning, or other form of regulation.
1158	5. A member government may not impose any tax, fee, or
1159	charge upon the authority in conjunction with the production or
1160	supply of water not otherwise provided for in the interlocal
1161	agreement.
1162	6. The authority may use the powers provided in part II of
1163	chapter 159 for financing and refinancing water treatment,
1164	production, or transmission facilities, including, but not
1165	limited to, desalinization facilities. All such water treatment,
1166	production, or transmission facilities are considered a
1167	"manufacturing plant" for purposes of s. 159.27(5) and serve a
1168	paramount public purpose by providing water to citizens of the
1169	state.
1170	7. A member government and any governmental or quasi-
1171	judicial board or commission established by local ordinance or
1172	general or special law where the governing membership of such
1173	board or commission is shared, in whole or in part, or appointed
1174	by a member government agreeing to be bound by the interlocal
1175	agreement shall be limited to the procedures set forth therein
1176	regarding actions that directly or indirectly restrict or
1177	prohibit the use of lands or other activities related to the
1178	production or supply of water.
1179	(c) The authority shall acquire full or lesser interests
1180	in all regionally significant member government wholesale water
1181	supply facilities and tangible assets and each member government
1182	shall convey such interests in the facilities and assets to the
1183	authority, at an agreed value.
1184	(d) The authority shall charge a uniform per gallon
1185	wholesale rate to member governments for the wholesale supply of
1186	potable water. All capital, operation, maintenance, and
1187	administrative costs for existing facilities and acquired
1188	facilities, authority master water plan facilities, and other
1189	future projects must be allocated to member governments based on
1190	water usage at the uniform per gallon wholesale rate.
1191	(e) The interlocal agreement may include procedures for
1192	resolving the parties' differences regarding water management
1193	district proposed agency action in the water use permitting
1194	process within the authority. Such procedures should minimize
1195	the potential for litigation and include alternative dispute
1196	resolution. Any governmental or quasi-judicial board or
1197	commission established by local ordinance or general or special
1198	law where the governing members of such board or commission is
1199	shared, in whole or in part, or appointed by a member
1200	government, may agree to be bound by the dispute resolution
1201	procedures set forth in the interlocal agreement.
1202	(f) Upon execution of the voluntary interlocal agreement
1203	provided for herein, the authority shall jointly develop with
1204	the Southwest Florida Water Management District alternative
1205	sources of potable water and transmission pipelines to
1206	interconnect regionally significant water supply sources and
1207	facilities of the authority in amounts sufficient to meet the
1208	needs of all member governments for a period of at least 20
1209	years and for natural systems. Nothing herein, however, shall
1210	preclude the authority and its member governments from
1211	developing traditional water sources pursuant to the voluntary
1212	interlocal agreement. Development and construction costs for
1213	alternative source facilities, which may include a desalination
1214	facility and significant regional interconnects, must be borne
1215	as mutually agreed to by both the authority and the Southwest
1216	Florida Water Management District. Nothing herein shall preclude
1217	authority or district cost sharing with private entities for the
1218	construction or ownership of alternative source facilities. By
1219	December 31, 1997, the authority and the Southwest Florida Water
1220	Management District shall enter into a mutually acceptable
1221	agreement detailing the development and implementation of
1222	directives contained in this paragraph. Nothing in this section
1223	shall be construed to modify the rights or responsibilities of
1224	the authority or its member governments, except as otherwise
1225	provided herein, or of the Southwest Florida Water Management
1226	District or the department pursuant to this chapter or chapter
1227	403 and as otherwise set forth by statutes.
1228	(g) Unless otherwise provided in the interlocal agreement,
1229	the authority shall be governed by a board of commissioners
1230	consisting of nine voting members, all of whom must be elected
1231	officers, as follows:
1232	1. Three members from Hillsborough County who must be
1233	selected by the county commission; provided, however, that one
1234	member shall be selected by the Mayor of Tampa in the event that
1235	the City of Tampa elects to be a member of the authority;
1236	2. Three members from Pasco County, two of whom must be
1237	selected by the county commission and one of whom must be
1238	selected by the City Council of New Port Richey;
1239	3. Three members from Pinellas County, two of whom must be
1240	selected by the county commission and one of whom must be
1241	selected by the City Council of St. Petersburg.
1242
1243	Except as otherwise provided in this section or in the voluntary
1244	interlocal agreement between the member governments, a majority
1245	vote shall bind the authority and its member governments in all
1246	matters relating to the funding of wholesale water supply,
1247	production, delivery, and related activities.
1248	(2) The provisions of this section supersede any
1249	conflicting provisions contained in all other general or special
1250	laws or provisions thereof as they may apply directly or
1251	indirectly to the exclusivity of water supply or withdrawal of
1252	water, including provisions relating to the environmental
1253	effects, if any, in conjunction with the production and supply
1254	of potable water, and the provisions of this section are
1255	intended to be a complete revision of all laws related to a
1256	regional water supply authority created under s. 373.713 and
1257	this section.
1258	(3) In lieu of the provisions in s. 373.713(2)(a), the
1259	Southwest Florida Water Management District shall assist the
1260	West Coast Regional Water Supply Authority for a period of 5
1261	years, terminating December 31, 1981, by levying an ad valorem
1262	tax, upon request of the authority, of not more than 0.05 mill
1263	on all taxable property within the limits of the authority.
1264	During such period the corresponding basin board ad valorem tax
1265	levies shall be reduced accordingly.
1266	(4) The authority shall prepare its annual budget in the
1267	same manner as prescribed for the preparation of basin budgets,
1268	but such authority budget shall not be subject to review by the
1269	respective basin boards or by the governing board of the
1270	district.
1271	(5) The annual millage for the authority shall be the
1272	amount required to raise the amount called for by the annual
1273	budget when applied to the total assessment on all taxable
1274	property within the limits of the authority, as determined for
1275	county taxing purposes.
1276	(6) The authority may, by resolution, request the
1277	governing board of the district to levy ad valorem taxes within
1278	the boundaries of the authority. Upon receipt of such request,
1279	together with formal certification of the adoption of its annual
1280	budget and of the required tax levy, the authority tax levy
1281	shall be made by the governing board of the district to finance
1282	authority functions.
1283	(7) The taxes provided for in this section shall be
1284	extended by the property appraiser on the county tax roll in
1285	each county within, or partly within, the authority boundaries
1286	and shall be collected by the tax collector in the same manner
1287	and time as county taxes, and the proceeds therefrom paid to the
1288	district which shall forthwith pay them over to the authority.
1289	Until paid, such taxes shall be a lien on the property against
1290	which assessed and enforceable in like manner as county taxes.
1291	The property appraisers, tax collectors, and clerks of the
1292	circuit court of the respective counties shall be entitled to
1293	compensation for services performed in connection with such
1294	taxes at the same rates as apply to county taxes.
1295	(8) The governing board of the district shall not be
1296	responsible for any actions or lack of actions by the authority.
1297	Section 2. Subsection (13) of section 120.52, Florida
1298	Statutes, is amended to read:
1299	120.52 Definitions.-As used in this act:
1300	(13) "Party" means:
1301	(a) Specifically named persons whose substantial interests
1302	are being determined in the proceeding.
1303	(b) Any other person who, as a matter of constitutional
1304	right, provision of statute, or provision of agency regulation,
1305	is entitled to participate in whole or in part in the
1306	proceeding, or whose substantial interests will be affected by
1307	proposed agency action, and who makes an appearance as a party.
1308	(c) Any other person, including an agency staff member,
1309	allowed by the agency to intervene or participate in the
1310	proceeding as a party. An agency may by rule authorize limited
1311	forms of participation in agency proceedings for persons who are
1312	not eligible to become parties.
1313	(d) Any county representative, agency, department, or unit
1314	funded and authorized by state statute or county ordinance to
1315	represent the interests of the consumers of a county, when the
1316	proceeding involves the substantial interests of a significant
1317	number of residents of the county and the board of county
1318	commissioners has, by resolution, authorized the representative,
1319	agency, department, or unit to represent the class of interested
1320	persons. The authorizing resolution shall apply to a specific
1321	proceeding and to appeals and ancillary proceedings thereto, and
1322	it shall not be required to state the names of the persons whose
1323	interests are to be represented.
1324
1325	The term "party" does not include a member government of a
1326	regional water supply authority or a governmental or quasi-
1327	judicial board or commission established by local ordinance or
1328	special or general law where the governing membership of such
1329	board or commission is shared with, in whole or in part, or
1330	appointed by a member government of a regional water supply
1331	authority in proceedings under s. 120.569, s. 120.57, or s.
1332	120.68, to the extent that an interlocal agreement under ss.
1333	163.01 and 373.713 373.1962 exists in which the member
1334	government has agreed that its substantial interests are not
1335	affected by the proceedings or that it is to be bound by
1336	alternative dispute resolution in lieu of participating in the
1337	proceedings. This exclusion applies only to those particular
1338	types of disputes or controversies, if any, identified in an
1339	interlocal agreement.
1340	Section 3. Subsection (13) of section 163.3167, Florida
1341	Statutes, is amended to read:
1342	163.3167 Scope of act.-
1343	(13) Each local government shall address in its
1344	comprehensive plan, as enumerated in this chapter, the water
1345	supply sources necessary to meet and achieve the existing and
1346	projected water use demand for the established planning period,
1347	considering the applicable plan developed pursuant to s. 373.709
1348	373.0361.
1349	Section 4. Paragraph (a) of subsection (4) and paragraphs
1350	(c), (d), and (h) of subsection (6) of section 163.3177, Florida
1351	Statutes, are amended to read:
1352	163.3177 Required and optional elements of comprehensive
1353	plan; studies and surveys.-
1354	(4)(a) Coordination of the local comprehensive plan with
1355	the comprehensive plans of adjacent municipalities, the county,
1356	adjacent counties, or the region; with the appropriate water
1357	management district's regional water supply plans approved
1358	pursuant to s. 373.709 373.0361; with adopted rules pertaining
1359	to designated areas of critical state concern; and with the
1360	state comprehensive plan shall be a major objective of the local
1361	comprehensive planning process. To that end, in the preparation
1362	of a comprehensive plan or element thereof, and in the
1363	comprehensive plan or element as adopted, the governing body
1364	shall include a specific policy statement indicating the
1365	relationship of the proposed development of the area to the
1366	comprehensive plans of adjacent municipalities, the county,
1367	adjacent counties, or the region and to the state comprehensive
1368	plan, as the case may require and as such adopted plans or plans
1369	in preparation may exist.
1370	(6) In addition to the requirements of subsections (1)-(5)
1371	and (12), the comprehensive plan shall include the following
1372	elements:
1373	(c) A general sanitary sewer, solid waste, drainage,
1374	potable water, and natural groundwater aquifer recharge element
1375	correlated to principles and guidelines for future land use,
1376	indicating ways to provide for future potable water, drainage,
1377	sanitary sewer, solid waste, and aquifer recharge protection
1378	requirements for the area. The element may be a detailed
1379	engineering plan including a topographic map depicting areas of
1380	prime groundwater recharge. The element shall describe the
1381	problems and needs and the general facilities that will be
1382	required for solution of the problems and needs. The element
1383	shall also include a topographic map depicting any areas adopted
1384	by a regional water management district as prime groundwater
1385	recharge areas for the Floridan or Biscayne aquifers. These
1386	areas shall be given special consideration when the local
1387	government is engaged in zoning or considering future land use
1388	for said designated areas. For areas served by septic tanks,
1389	soil surveys shall be provided which indicate the suitability of
1390	soils for septic tanks. Within 18 months after the governing
1391	board approves an updated regional water supply plan, the
1392	element must incorporate the alternative water supply project or
1393	projects selected by the local government from those identified
1394	in the regional water supply plan pursuant to s. 373.709(2)(a)
1395	373.0361(2)(a) or proposed by the local government under s.
1396	373.709(8)(b) 373.0361(8)(b). If a local government is located
1397	within two water management districts, the local government
1398	shall adopt its comprehensive plan amendment within 18 months
1399	after the later updated regional water supply plan. The element
1400	must identify such alternative water supply projects and
1401	traditional water supply projects and conservation and reuse
1402	necessary to meet the water needs identified in s. 373.709(2)(a)
1403	373.0361(2)(a) within the local government's jurisdiction and
1404	include a work plan, covering at least a 10 year planning
1405	period, for building public, private, and regional water supply
1406	facilities, including development of alternative water supplies,
1407	which are identified in the element as necessary to serve
1408	existing and new development. The work plan shall be updated, at
1409	a minimum, every 5 years within 18 months after the governing
1410	board of a water management district approves an updated
1411	regional water supply plan. Amendments to incorporate the work
1412	plan do not count toward the limitation on the frequency of
1413	adoption of amendments to the comprehensive plan. Local
1414	governments, public and private utilities, regional water supply
1415	authorities, special districts, and water management districts
1416	are encouraged to cooperatively plan for the development of
1417	multijurisdictional water supply facilities that are sufficient
1418	to meet projected demands for established planning periods,
1419	including the development of alternative water sources to
1420	supplement traditional sources of groundwater and surface water
1421	supplies.
1422	(d) A conservation element for the conservation, use, and
1423	protection of natural resources in the area, including air,
1424	water, water recharge areas, wetlands, waterwells, estuarine
1425	marshes, soils, beaches, shores, flood plains, rivers, bays,
1426	lakes, harbors, forests, fisheries and wildlife, marine habitat,
1427	minerals, and other natural and environmental resources,
1428	including factors that affect energy conservation. Local
1429	governments shall assess their current, as well as projected,
1430	water needs and sources for at least a 10-year period,
1431	considering the appropriate regional water supply plan approved
1432	pursuant to s. 373.709 373.0361, or, in the absence of an
1433	approved regional water supply plan, the district water
1434	management plan approved pursuant to s. 373.036(2). This
1435	information shall be submitted to the appropriate agencies. The
1436	land use map or map series contained in the future land use
1437	element shall generally identify and depict the following:
1438	1. Existing and planned waterwells and cones of influence
1439	where applicable.
1440	2. Beaches and shores, including estuarine systems.
1441	3. Rivers, bays, lakes, flood plains, and harbors.
1442	4. Wetlands.
1443	5. Minerals and soils.
1444	6. Energy conservation.
1445
1446	The land uses identified on such maps shall be consistent with
1447	applicable state law and rules.
1448	(h)1. An intergovernmental coordination element showing
1449	relationships and stating principles and guidelines to be used
1450	in the accomplishment of coordination of the adopted
1451	comprehensive plan with the plans of school boards, regional
1452	water supply authorities, and other units of local government
1453	providing services but not having regulatory authority over the
1454	use of land, with the comprehensive plans of adjacent
1455	municipalities, the county, adjacent counties, or the region,
1456	with the state comprehensive plan and with the applicable
1457	regional water supply plan approved pursuant to s. 373.709
1458	373.0361, as the case may require and as such adopted plans or
1459	plans in preparation may exist. This element of the local
1460	comprehensive plan shall demonstrate consideration of the
1461	particular effects of the local plan, when adopted, upon the
1462	development of adjacent municipalities, the county, adjacent
1463	counties, or the region, or upon the state comprehensive plan,
1464	as the case may require.
1465	a. The intergovernmental coordination element shall
1466	provide procedures to identify and implement joint planning
1467	areas, especially for the purpose of annexation, municipal
1468	incorporation, and joint infrastructure service areas.
1469	b. The intergovernmental coordination element shall
1470	provide for recognition of campus master plans prepared pursuant
1471	to s. 1013.30 and airport master plans under paragraph(k).
1472	c. The intergovernmental coordination element shall
1473	provide for a dispute resolution process as established pursuant
1474	to s. 186.509 for bringing to closure in a timely manner
1475	intergovernmental disputes.
1476	d. The intergovernmental coordination element shall
1477	provide for interlocal agreements as established pursuant to s.
1478	333.03(1)(b).
1479	2. The intergovernmental coordination element shall
1480	further state principles and guidelines to be used in the
1481	accomplishment of coordination of the adopted comprehensive plan
1482	with the plans of school boards and other units of local
1483	government providing facilities and services but not having
1484	regulatory authority over the use of land. In addition, the
1485	intergovernmental coordination element shall describe joint
1486	processes for collaborative planning and decisionmaking on
1487	population projections and public school siting, the location
1488	and extension of public facilities subject to concurrency, and
1489	siting facilities with countywide significance, including
1490	locally unwanted land uses whose nature and identity are
1491	established in an agreement. Within 1 year of adopting their
1492	intergovernmental coordination elements, each county, all the
1493	municipalities within that county, the district school board,
1494	and any unit of local government service providers in that
1495	county shall establish by interlocal or other formal agreement
1496	executed by all affected entities, the joint processes described
1497	in this subparagraph consistent with their adopted
1498	intergovernmental coordination elements.
1499	3. To foster coordination between special districts and
1500	local general-purpose governments as local general-purpose
1501	governments implement local comprehensive plans, each
1502	independent special district must submit a public facilities
1503	report to the appropriate local government as required by s.
1504	189.415.
1505	4.a. Local governments shall execute an interlocal
1506	agreement with the district school board, the county, and
1507	nonexempt municipalities pursuant to s. 163.31777. The local
1508	government shall amend the intergovernmental coordination
1509	element to provide that coordination between the local
1510	government and school board is pursuant to the agreement and
1511	shall state the obligations of the local government under the
1512	agreement.
1513	b. Plan amendments that comply with this subparagraph are
1514	exempt from the provisions of s. 163.3187(1).
1515	5. The state land planning agency shall establish a
1516	schedule for phased completion and transmittal of plan
1517	amendments to implement subparagraphs 1., 2., and 3. from all
1518	jurisdictions so as to accomplish their adoption by December 31,
1519	1999. A local government may complete and transmit its plan
1520	amendments to carry out these provisions prior to the scheduled
1521	date established by the state land planning agency. The plan
1522	amendments are exempt from the provisions of s. 163.3187(1).
1523	6. By January 1, 2004, any county having a population
1524	greater than 100,000, and the municipalities and special
1525	districts within that county, shall submit a report to the
1526	Department of Community Affairs which:
1527	a. Identifies all existing or proposed interlocal service
1528	delivery agreements regarding the following: education; sanitary
1529	sewer; public safety; solid waste; drainage; potable water;
1530	parks and recreation; and transportation facilities.
1531	b. Identifies any deficits or duplication in the provision
1532	of services within its jurisdiction, whether capital or
1533	operational. Upon request, the Department of Community Affairs
1534	shall provide technical assistance to the local governments in
1535	identifying deficits or duplication.
1536	7. Within 6 months after submission of the report, the
1537	Department of Community Affairs shall, through the appropriate
1538	regional planning council, coordinate a meeting of all local
1539	governments within the regional planning area to discuss the
1540	reports and potential strategies to remedy any identified
1541	deficiencies or duplications.
1542	8. Each local government shall update its
1543	intergovernmental coordination element based upon the findings
1544	in the report submitted pursuant to subparagraph 6. The report
1545	may be used as supporting data and analysis for the
1546	intergovernmental coordination element.
1547	Section 5. Paragraph (l) of subsection (2) of section
1548	163.3191, Florida Statutes, is amended to read:
1549	163.3191 Evaluation and appraisal of comprehensive plan.-
1550	(2) The report shall present an evaluation and assessment
1551	of the comprehensive plan and shall contain appropriate
1552	statements to update the comprehensive plan, including, but not
1553	limited to, words, maps, illustrations, or other media, related
1554	to:
1555	(l) The extent to which the local government has been
1556	successful in identifying alternative water supply projects and
1557	traditional water supply projects, including conservation and
1558	reuse, necessary to meet the water needs identified in s.
1559	373.709(2)(a) 373.0361(2)(a) within the local government's
1560	jurisdiction. The report must evaluate the degree to which the
1561	local government has implemented the work plan for building
1562	public, private, and regional water supply facilities, including
1563	development of alternative water supplies, identified in the
1564	element as necessary to serve existing and new development.
1565	Section 6. Paragraphs (c) and (d) of subsection (4) of
1566	section 189.404, Florida Statutes, are amended to read:
1567	189.404 Legislative intent for the creation of independent
1568	special districts; special act prohibitions; model elements and
1569	other requirements; general-purpose local government/Governor
1570	and Cabinet creation authorizations.-
1571	(4) LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION
1572	AUTHORIZATIONS.-Except as otherwise authorized by general law,
1573	only the Legislature may create independent special districts.
1574	(c) The Governor and Cabinet may create an independent
1575	special district which shall be established by rule in
1576	accordance with s. 190.005 or as otherwise authorized in general
1577	law. The Governor and Cabinet may also approve the establishment
1578	of a charter for the creation of an independent special district
1579	which shall be in accordance with s. 373.713 373.1962, or as
1580	otherwise authorized in general law.
1581	(d)1. Any combination of two or more counties may create a
1582	regional special district which shall be established in
1583	accordance with s. 950.001, or as otherwise authorized in
1584	general law.
1585	2. Any combination of two or more counties or
1586	municipalities may create a regional special district which
1587	shall be established in accordance with s. 373.713 373.1962, or
1588	as otherwise authorized by general law.
1589	3. Any combination of two or more counties,
1590	municipalities, or other political subdivisions may create a
1591	regional special district in accordance with s. 163.567, or as
1592	otherwise authorized in general law.
1593	Section 7. Subsection (3) of section 189.4155, Florida
1594	Statutes, is amended to read:
1595	189.4155 Activities of special districts; local government
1596	comprehensive planning.-
1597	(3) The provisions of this section shall not apply to
1598	water management districts created pursuant to s. 373.069, to
1599	regional water supply authorities created pursuant to s. 373.713
1600	373.1962, or to spoil disposal sites owned or used by the
1601	Federal Government.
1602	Section 8. Section 189.4156, Florida Statutes, is amended
1603	to read:
1604	189.4156 Water management district technical assistance;
1605	local government comprehensive planning.-Water management
1606	districts shall assist local governments in the development of
1607	local government comprehensive plan elements related to water
1608	resource issues as required by s. 373.711 373.0391.
1609	Section 9. Subsection (7) of section 367.021, Florida
1610	Statutes, is amended to read:
1611	367.021 Definitions.-As used in this chapter, the
1612	following words or terms shall have the meanings indicated:
1613	(7) "Governmental authority" means a political
1614	subdivision, as defined by s. 1.01(8), a regional water supply
1615	authority created pursuant to s. 373.713 373.1962, or a
1616	nonprofit corporation formed for the purpose of acting on behalf
1617	of a political subdivision with respect to a water or wastewater
1618	facility.
1619	Section 10. Subsection (17) of section 373.019, Florida
1620	Statutes, is amended to read:
1621	373.019 Definitions.-When appearing in this chapter or in
1622	any rule, regulation, or order adopted pursuant thereto, the
1623	term:
1624	(17) "Regional water supply plan" means a detailed water
1625	supply plan developed by a governing board under s. 373.709
1626	373.0361.
1627	Section 11. Paragraph (b) of subsection (2) and paragraph
1628	(b) of subsection (7) of section 373.036, Florida Statutes, are
1629	amended to read:
1630	373.036 Florida water plan; district water management
1631	plans.-
1632	(2) DISTRICT WATER MANAGEMENT PLANS.-
1633	(b) The district water management plan shall include, but
1634	not be limited to:
1635	1. The scientific methodologies for establishing minimum
1636	flows and levels under s. 373.042, and all established minimum
1637	flows and levels.
1638	2. Identification of one or more water supply planning
1639	regions that singly or together encompass the entire district.
1640	3. Technical data and information prepared under s.
1641	373.711 373.0391.
1642	4. A districtwide water supply assessment, to be completed
1643	no later than July 1, 1998, which determines for each water
1644	supply planning region:
1645	a. Existing legal uses, reasonably anticipated future
1646	needs, and existing and reasonably anticipated sources of water
1647	and conservation efforts; and
1648	b. Whether existing and reasonably anticipated sources of
1649	water and conservation efforts are adequate to supply water for
1650	all existing legal uses and reasonably anticipated future needs
1651	and to sustain the water resources and related natural systems.
1652	5. Any completed regional water supply plans.
1653	(7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.-
1654	(b) The consolidated annual report shall contain the
1655	following elements, as appropriate to that water management
1656	district:
1657	1. A district water management plan annual report or the
1658	annual work plan report allowed in subparagraph (2)(e)4.
1659	2. The department-approved minimum flows and levels annual
1660	priority list and schedule required by s. 373.042(2).
1661	3. The annual 5-year capital improvements plan required by
1662	s. 373.536(6)(a)3.
1663	4. The alternative water supplies annual report required
1664	by s. 373.707(8)(n) 373.1961(3)(n).
1665	5. The final annual 5-year water resource development work
1666	program required by s. 373.536(6)(a)4.
1667	6. The Florida Forever Water Management District Work Plan
1668	annual report required by s. 373.199(7).
1669	7. The mitigation donation annual report required by s.
1670	373.414(1)(b)2.
1671	Section 12. Paragraphs (a) and (e) of subsection (4) of
1672	section 373.0363, Florida Statutes, are amended to read:
1673	373.0363 Southern Water Use Caution Area Recovery
1674	Strategy.-
1675	(4) The West-Central Florida Water Restoration Action Plan
1676	includes:
1677	(a) The Central West Coast Surface Water Enhancement
1678	Initiative. The purpose of this initiative is to make additional
1679	surface waters available for public supply through restoration
1680	of surface waters, natural water flows, and freshwater wetland
1681	communities. This initiative is designed to allow limits on
1682	groundwater withdrawals in order to slow the rate of saltwater
1683	intrusion. The initiative shall be an ongoing program in
1684	cooperation with the Peace River-Manasota Regional Water Supply
1685	Authority created under s. 373.713 373.1962.
1686	(e) The Central Florida Water Resource Development
1687	Initiative. The purpose of this initiative is to create and
1688	implement a long-term plan that takes a comprehensive approach
1689	to limit ground water withdrawals in the Southern Water Use
1690	Caution Area and to identify and develop alternative water
1691	supplies for Polk County. The project components developed
1692	pursuant to this initiative are eligible for state and regional
1693	funding under s. 373.707 373.196 as an alternative water supply,
1694	as defined in s. 373.019, or as a supplemental water supply
1695	under the rules of the Southwest Florida Water Management
1696	District or the South Florida Water Management District. The
1697	initiative shall be implemented by the district as an ongoing
1698	program in cooperation with Polk County and the South Florida
1699	Water Management District.
1700	Section 13. Subsection (2) of section 373.0421, Florida
1701	Statutes, is amended to read:
1702	373.0421 Establishment and implementation of minimum flows
1703	and levels.-
1704	(2) If the existing flow or level in a water body is
1705	below, or is projected to fall within 20 years below, the
1706	applicable minimum flow or level established pursuant to s.
1707	373.042, the department or governing board, as part of the
1708	regional water supply plan described in s. 373.709 373.0361,
1709	shall expeditiously implement a recovery or prevention
1710	which includes the development of additional water
1711	other actions, consistent with the authority
1712	chapter, to:
1713	(a) Achieve recovery to the established minimum flow or
1714	level as soon as practicable; or
1715	(b) Prevent the existing flow or level from falling below
1716	the established minimum flow or level.
1717
1718	The recovery or prevention strategy shall include phasing or a
1719	timetable which will allow for the provision of sufficient water
1720	supplies for all existing and projected reasonable-beneficial
1721	uses, including development of additional water supplies and
1722	implementation of conservation and other efficiency measures
1723	concurrent with, to the extent practical, and to offset,
1724	reductions in permitted withdrawals, consistent with the
1725	provisions of this chapter.
1726	Section 14. Subsection (4) of section 373.0695, Florida
1727	Statutes, is amended to read:
1728	373.0695 Duties of basin boards; authorized expenditures.-
1729	(4) In the exercise of the duties and powers granted
1730	herein, the basin boards shall be subject to all the limitations
1731	and restrictions imposed on the water management districts in s.
1732	373.703 373.1961.
1733	Section 15. Subsections (3) and (5) of section 373.223,
1734	Florida Statutes, are amended to read:
1735	373.223 Conditions for a permit.-
1736	(3) Except for the transport and use of water supplied by
1737	the Central and Southern Florida Flood Control Project, and
1738	anywhere in the state when the transport and use of water is
1739	supplied exclusively for bottled water as defined in s.
1740	500.03(1)(d), any water use permit applications pending as of
1741	April 1, 1998, with the Northwest Florida Water Management
1742	District and self-suppliers of water for which the proposed
1743	water source and area of use or application are located on
1744	contiguous private properties, when evaluating whether a
1745	potential transport and use of ground or surface water across
1746	county boundaries is consistent with the public interest,
1747	pursuant to paragraph (1)(c), the governing board or department
1748	shall consider:
1749	(a) The proximity of the proposed water source to the area
1750	of use or application.
1751	(b) All impoundments, streams, groundwater sources, or
1752	watercourses that are geographically closer to the area of use
1753	or application than the proposed source, and that are
1754	technically and economically feasible for the proposed transport
1755	and use.
1756	(c) All economically and technically feasible alternatives
1757	to the proposed source, including, but not limited to,
1758	desalination, conservation, reuse of nonpotable reclaimed water
1759	and stormwater, and aquifer storage and recovery.
1760	(d) The potential environmental impacts that may result
1761	from the transport and use of water from the proposed source,
1762	and the potential environmental impacts that may result from use
1763	of the other water sources identified in paragraphs (b) and (c).
1764	(e) Whether existing and reasonably anticipated sources of
1765	water and conservation efforts are adequate to supply water for
1766	existing legal uses and reasonably anticipated future needs of
1767	the water supply planning region in which the proposed water
1768	source is located.
1769	(f) Consultations with local governments affected by the
1770	proposed transport and use.
1771	(g) The value of the existing capital investment in water-
1772	related infrastructure made by the applicant.
1773
1774	Where districtwide water supply assessments and regional water
1775	supply plans have been prepared pursuant to ss. 373.036 and
1776	373.709 373.0361, the governing board or the department shall
1777	use the applicable plans and assessments as the basis for its
1778	consideration of the applicable factors in this subsection.
1779	(5) In evaluating an application for consumptive use of
1780	water which proposes the use of an alternative water supply
1781	project as described in the regional water supply plan and
1782	provides reasonable assurances of the applicant's capability to
1783	design, construct, operate, and maintain the project, the
1784	governing board or department shall presume that the alternative
1785	water supply use is consistent with the public interest under
1786	paragraph (1)(c). However, where the governing board identifies
1787	the need for a multijurisdictional water supply entity or
1788	regional water supply authority to develop the alternative water
1789	supply project pursuant to s. 373.709(2)(a)2. 373.0361(2)(a)2.,
1790	the presumption shall be accorded only to that use proposed by
1791	such entity or authority. This subsection does not effect
1792	evaluation of the use pursuant to the provisions of paragraphs
1793	(1)(a) and (b), subsections (2) and (3), and ss. 373.2295 and
1794	373.233.
1795	Section 16. Section 373.2234, Florida Statutes, is amended
1796	to read:
1797	373.2234 Preferred water supply sources.-The governing
1798	board of a water management district is authorized to adopt
1799	rules that identify preferred water supply sources for
1800	consumptive uses for which there is sufficient data to establish
1801	that a preferred source will provide a substantial new water
1802	supply to meet the existing and projected reasonable-beneficial
1803	uses of a water supply planning region identified pursuant to s.
1804	373.709(1) 373.0361(1), while sustaining existing water
1805	resources and natural systems. At a minimum, such rules must
1806	contain a description of the preferred water supply source and
1807	an assessment of the water the preferred source is projected to
1808	produce. If an applicant proposes to use a preferred water
1809	supply source, that applicant's proposed water use is subject to
1810	s. 373.223(1), except that the proposed use of a preferred water
1811	supply source must be considered by a water management district
1812	when determining whether a permit applicant's proposed use of
1813	water is consistent with the public interest pursuant to s.
1814	373.223(1)(c). A consumptive use permit issued for the use of a
1815	preferred water supply source must be granted, when requested by
1816	the applicant, for at least a 20-year period and may be subject
1817	to the compliance reporting provisions of s. 373.236(4). Nothing
1818	in this section shall be construed to exempt the use of
1819	preferred water supply sources from the provisions of ss.
1820	373.016(4) and 373.223(2) and (3), or be construed to provide
1821	that permits issued for the use of a nonpreferred water supply
1822	source must be issued for a duration of less than 20 years or
1823	that the use of a nonpreferred water supply source is not
1824	consistent with the public interest. Additionally, nothing in
1825	this section shall be interpreted to require the use of a
1826	preferred water supply source or to restrict or prohibit the use
1827	of a nonpreferred water supply source. Rules adopted by the
1828	governing board of a water management district to implement this
1829	section shall specify that the use of a preferred water supply
1830	source is not required and that the use of a nonpreferred water
1831	supply source is not restricted or prohibited.
1832	Section 17. Subsection (3) of section 373.229, Florida
1833	Statutes, is amended to read:
1834	373.229 Application for permit.-
1835	(3) In addition to the information required in subsection
1836	(1), all permit applications filed with the governing board or
1837	the department which propose the transport and use of water
1838	across county boundaries shall include information pertaining to
1839	factors to be considered, pursuant to s. 373.223(3), unless
1840	exempt under s. 373.713(9) 373.1962(9).
1841	Section 18. Paragraph (a) of subsection (6) of section
1842	373.236, Florida Statutes, is amended to read:
1843	373.236 Duration of permits; compliance reports.-
1844	(6)(a) The Legislature finds that the need for alternative
1845	water supply development projects to meet anticipated public
1846	water supply demands of the state is so important that it is
1847	essential to encourage participation in and contribution to
1848	these projects by private-rural-land owners who
1849	characteristically have relatively modest near-term water
1850	demands but substantially increasing demands after the 20-year
1851	planning period in s. 373.709 373.0361. Therefore, where such
1852	landowners make extraordinary contributions of lands or
1853	construction funding to enable the expeditious implementation of
1854	such projects, water management districts and the department may
1855	grant permits for such projects for a period of up to 50 years
1856	to municipalities, counties, special districts, regional water
1857	supply authorities, multijurisdictional water supply entities,
1858	and publicly or privately owned utilities, with the exception of
1859	any publicly or privately owned utilities created for or by a
1860	private landowner after April 1, 2008, which have entered into
1861	an agreement with the private landowner for the purpose of more
1862	efficiently pursuing alternative public water supply development
1863	projects identified in a district's regional water supply plan
1864	and meeting water demands of both the applicant and the
1865	landowner.
1866	Section 19. Paragraph (a) of subsection (6) of section
1867	373.536, Florida Statutes, is amended to read:
1868	373.536 District budget and hearing thereon.-
1869	(6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
1870	WATER RESOURCE DEVELOPMENT WORK PROGRAM.-
1871	(a) Each district must, by the date specified for each
1872	item, furnish copies of the following documents to the Governor,
1873	the President of the Senate, the Speaker of the House of
1874	Representatives, the chairs of all legislative committees and
1875	subcommittees having substantive or fiscal jurisdiction over the
1876	districts, as determined by the President of the Senate or the
1877	Speaker of the House of Representatives as applicable, the
1878	secretary of the department, and the governing board of each
1879	county in which the district has jurisdiction or derives any
1880	funds for the operations of the district:
1881	1. The adopted budget, to be furnished within 10 days
1882	after its adoption.
1883	2. A financial audit of its accounts and records, to be
1884	furnished within 10 days after its acceptance by the governing
1885	board. The audit must be conducted in accordance with the
1886	provisions of s. 11.45 and the rules adopted thereunder. In
1887	addition to the entities named above, the district must provide
1888	a copy of the audit to the Auditor General within 10 days after
1889	its acceptance by the governing board.
1890	3. A 5-year capital improvements plan, to be included in
1891	the consolidated annual report required by s. 373.036(7). The
1892	plan must include expected sources of revenue for planned
1893	improvements and must be prepared in a manner comparable to the
1894	fixed capital outlay format set forth in s. 216.043.
1895	4. A 5-year water resource development work program to be
1896	furnished within 30 days after the adoption of the final budget.
1897	The program must describe the district's implementation strategy
1898	for the water resource development component of each approved
1899	regional water supply plan developed or revised under s. 373.709
1900	373.0361. The work program must address all the elements of the
1901	water resource development component in the district's approved
1902	regional water supply plans and must identify which projects in
1903	the work program will provide water, explain how each water
1904	resource development project will produce additional water
1905	available for consumptive uses, estimate the quantity of water
1906	to be produced by each project, and provide an assessment of the
1907	contribution of the district's regional water supply plans in
1908	providing sufficient water to meet the water supply needs of
1909	existing and future reasonable-beneficial uses for a 1-in-10-
1910	year drought event. Within 30 days after its submittal, the
1911	department shall review the proposed work program and submit its
1912	findings, questions, and comments to the district. The review
1913	must include a written evaluation of the program's consistency
1914	with the furtherance of the district's approved regional water
1915	supply plans, and the adequacy of proposed expenditures. As part
1916	of the review, the department shall give interested parties the
1917	opportunity to provide written comments on each district's
1918	proposed work program. Within 45 days after receipt of the
1919	department's evaluation, the governing board shall state in
1920	writing to the department which changes recommended in the
1921	evaluation it will incorporate into its work program submitted
1922	as part of the March 1 consolidated annual report required by s.
1923	373.036(7) or specify the reasons for not incorporating the
1924	changes. The department shall include the district's responses
1925	in a final evaluation report and shall submit a copy of the
1926	report to the Governor, the President of the Senate, and the
1927	Speaker of the House of Representatives.
1928	Section 20. Subsection (11) of section 373.59, Florida
1929	Statutes, is amended to read:
1930	373.59 Water Management Lands Trust Fund.-
1931	(11) Notwithstanding any provision of this section to the
1932	contrary, the governing board of a water management district may
1933	request, and the Secretary of Environmental Protection shall
1934	release upon such request, moneys allocated to the districts
1935	pursuant to subsection (8) for purposes consistent with the
1936	provisions of s. 373.709 373.0361, s. 373.705 373.0831, s.
1937	373.139, or ss. 373.451-373.4595 and for legislatively
1938	authorized land acquisition and water restoration initiatives.
1939	No funds may be used pursuant to this subsection until necessary
1940	debt service obligations, requirements for payments in lieu of
1941	taxes, and land management obligations that may be required by
1942	this chapter are provided for.
1943	Section 21. Paragraph (g) of subsection (1) of section
1944	378.212, Florida Statutes, is amended to read:
1945	378.212 Variances.-
1946	(1) Upon application, the secretary may grant a variance
1947	from the provisions of this part or the rules adopted pursuant
1948	thereto. Variances and renewals thereof may be granted for any
1949	one of the following reasons:
1950	(g) To accommodate reclamation that provides water supply
1951	development or water resource development not inconsistent with
1952	the applicable regional water supply plan approved pursuant to
1953	s. 373.709 373.0361, provided adverse impacts are not caused to
1954	the water resources in the basin. A variance may also be granted
1955	from the requirements of part IV of chapter 373, or the rules
1956	adopted thereunder, when a project provides an improvement in
1957	water availability in the basin and does not cause adverse
1958	impacts to water resources in the basin.
1959	Section 22. Subsection (9) of section 378.404, Florida
1960	Statutes, is amended to read:
1961	378.404 Department of Environmental Protection; powers and
1962	duties.-The department shall have the following powers and
1963	duties:
1964	(9) To grant variances from the provisions of this part to
1965	accommodate reclamation that provides for water supply
1966	development or water resource development not inconsistent with
1967	the applicable regional water supply plan approved pursuant to
1968	s. 373.709 373.0361, appropriate stormwater management, improved
1969	wildlife habitat, recreation, or a mixture thereof, provided
1970	adverse impacts are not caused to the water resources in the
1971	basin and public health and safety are not adversely affected.
1972	Section 23. Paragraph (a) of subsection (3) of section
1973	403.0891, Florida Statutes, is amended to read:
1974	403.0891 State, regional, and local stormwater management
1975	plans and programs.-The department, the water management
1976	districts, and local governments shall have the responsibility
1977	for the development of mutually compatible stormwater management
1978	programs.
1979	(3)(a) Each local government required by chapter 163 to
1980	submit a comprehensive plan, whose plan is submitted after July
1981	1, 1992, and the others when updated after July 1, 1992, in the
1982	development of its stormwater management program described by
1983	elements within its comprehensive plan shall consider the water
1984	resource implementation rule, district stormwater management
1985	goals, plans approved pursuant to the Surface Water Improvement
1986	and Management Act, ss. 373.451-373.4595, and technical
1987	assistance information provided by the water management
1988	districts pursuant to s. 373.711 373.0391.
1989	Section 24. Section 403.890, Florida Statutes, is amended
1990	to read:
1991	403.890 Water Protection and Sustainability Program;
1992	intent; goals; purposes.-
1993	(1) Effective July 1, 2006, revenues transferred from the
1994	Department of Revenue pursuant to s. 201.15(1)(c)2. shall be
1995	deposited into the Water Protection and Sustainability Program
1996	Trust Fund in the Department of Environmental Protection. These
1997	revenues and any other additional revenues deposited into or
1998	appropriated to the Water Protection and Sustainability Program
1999	Trust Fund shall be distributed by the Department of
2000	Environmental Protection in the following manner:
2001	(a) Sixty percent to the Department of Environmental
2002	Protection for the implementation of an alternative water supply
2003	program as provided in s. 373.1961.
2004	(b) Twenty percent for the implementation of best
2005	management practices and capital project expenditures necessary
2006	for the implementation of the goals of the total maximum daily
2007	load program established in s. 403.067. Of these funds, 85
2008	percent shall be transferred to the credit of the Department of
2009	Environmental Protection Water Quality Assurance Trust Fund to
2010	address water quality impacts associated with nonagricultural
2011	nonpoint sources. Fifteen percent of these funds shall be
2012	transferred to the Department of Agriculture and Consumer
2013	Services General Inspection Trust Fund to address water quality
2014	impacts associated with agricultural nonpoint sources. These
2015	funds shall be used for research, development, demonstration,
2016	and implementation of the total maximum daily load program under
2017	s. 403.067, suitable best management practices or other measures
2018	used to achieve water quality standards in surface waters and
2019	water segments identified pursuant to s. 303(d) of the Clean
2020	Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
2021	Implementation of best management practices and other measures
2022	may include cost-share grants, technical assistance,
2023	implementation tracking, and conservation leases or other
2024	agreements for water quality improvement. The Department of
2025	Environmental Protection and the Department of Agriculture and
2026	Consumer Services may adopt rules governing the distribution of
2027	funds for implementation of capital projects, best management
2028	practices, and other measures. These funds shall not be used to
2029	abrogate the financial responsibility of those point and
2030	nonpoint sources that have contributed to the degradation of
2031	water or land areas. Increased priority shall be given by the
2032	department and the water management district governing boards to
2033	those projects that have secured a cost-sharing agreement
2034	allocating responsibility for the cleanup of point and nonpoint
2035	sources.
2036	(c) Ten percent shall be disbursed for the purposes of
2037	funding projects pursuant to ss. 373.451-373.459 or surface
2038	water restoration activities in water-management-district-
2039	designated priority water bodies. The Secretary of Environmental
2040	Protection shall ensure that each water management district
2041	receives the following percentage of funds annually:
2042	1. Thirty-five percent to the South Florida Water
2043	Management District;
2044	2. Twenty-five percent to the Southwest Florida Water
2045	Management District;
2046	3. Twenty-five percent to the St. Johns River Water
2047	Management District;
2048	4. Seven and one-half percent to the Suwannee River Water
2049	Management District; and
2050	5. Seven and one-half percent to the Northwest Florida
2051	Water Management District.
2052	(d) Ten percent to the Department of Environmental
2053	Protection for the Disadvantaged Small Community Wastewater
2054	Grant Program as provided in s. 403.1838.
2055	(2) Applicable beginning in the 2007-2008 fiscal year,
2056	revenues transferred from the Department of Revenue pursuant to
2057	s. 201.15(1)(c)2. shall be deposited into the Water Protection
2058	and Sustainability Program Trust Fund in the Department of
2059	Environmental Protection. These revenues and any other
2060	additional Revenues deposited into or appropriated to the Water
2061	Protection and Sustainability Program Trust Fund shall be
2062	distributed by the Department of Environmental Protection in the
2063	following manner:
2064	(1)(a) Sixty-five percent to the Department of
2065	Environmental Protection for the implementation of an
2066	alternative water supply program as provided in s. 373.707
2067	373.1961.
2068	(2)(b) Twenty-two and five-tenths percent for the
2069	implementation of best management practices and capital project
2070	expenditures necessary for the implementation of the goals of
2071	the total maximum daily load program established in s. 403.067.
2072	Of these funds, 83.33 percent shall be transferred to the credit
2073	of the Department of Environmental Protection Water Quality
2074	Assurance Trust Fund to address water quality impacts associated
2075	with nonagricultural nonpoint sources. Sixteen and sixty-seven
2076	hundredths percent of these funds shall be transferred to the
2077	Department of Agriculture and Consumer Services General
2078	Inspection Trust Fund to address water quality impacts
2079	associated with agricultural nonpoint sources. These funds shall
2080	be used for research, development, demonstration, and
2081	implementation of the total maximum daily load program under s.
2082	403.067, suitable best management practices or other measures
2083	used to achieve water quality standards in surface waters and
2084	water segments identified pursuant to s. 303(d) of the Clean
2085	Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
2086	Implementation of best management practices and other measures
2087	may include cost-share grants, technical assistance,
2088	implementation tracking, and conservation leases or other
2089	agreements for water quality improvement. The Department of
2090	Environmental Protection and the Department of Agriculture and
2091	Consumer Services may adopt rules governing the distribution of
2092	funds for implementation of capital projects, best management
2093	practices, and other measures. These funds shall not be used to
2094	abrogate the financial responsibility of those point and
2095	nonpoint sources that have contributed to the degradation of
2096	water or land areas. Increased priority shall be given by the
2097	department and the water management district governing boards to
2098	those projects that have secured a cost-sharing agreement
2099	allocating responsibility for the cleanup of point and nonpoint
2100	sources.
2101	(3)(c) Twelve and five-tenths percent to the Department of
2102	Environmental Protection for the Disadvantaged Small Community
2103	Wastewater Grant Program as provided in s. 403.1838.
2104	(4)(d) On June 30, 2009, and every 24 months thereafter,
2105	the Department of Environmental Protection shall request the
2106	return of all unencumbered funds distributed pursuant to this
2107	section. These funds shall be deposited into the Water
2108	Protection and Sustainability Program Trust Fund and
2109	redistributed pursuant to the provisions of this section.
2110	(3) For the 2008-2009 fiscal year only, moneys in the
2111	Water Protection and Sustainability Program Trust Fund shall be
2112	transferred to the Ecosystem Management and Restoration Trust
2113	Fund for grants and aids to local governments for water projects
2114	as provided in the General Appropriations Act. This subsection
2115	expires July 1, 2009.
2116	(4) For fiscal year 2005-2006, funds deposited or
2117	appropriated into the Water Protection and Sustainability
2118	Program Trust Fund shall be distributed as follows:
2119	(a) One hundred million dollars to the Department of
2120	Environmental Protection for the implementation of an
2121	alternative water supply program as provided in s. 373.1961.
2122	(b) Funds remaining after the distribution provided for in
2123	subsection (1) shall be distributed as follows:
2124	1. Fifty percent for the implementation of best management
2125	practices and capital project expenditures necessary for the
2126	implementation of the goals of the total maximum daily load
2127	program established in s. 403.067. Of these funds, 85 percent
2128	shall be transferred to the credit of the Department of
2129	Environmental Protection Water Quality Assurance Trust Fund to
2130	address water quality impacts associated with nonagricultural
2131	nonpoint sources. Fifteen percent of these funds shall be
2132	transferred to the Department of Agriculture and Consumer
2133	Services General Inspection Trust Fund to address water quality
2134	impacts associated with agricultural nonpoint sources. These
2135	funds shall be used for research, development, demonstration,
2136	and implementation of suitable best management practices or
2137	other measures used to achieve water quality standards in
2138	surface waters and water segments identified pursuant to s.
2139	303(d) of the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss.
2140	1251 et seq. Implementation of best management practices and
2141	other measures may include cost-share grants, technical
2142	assistance, implementation tracking, and conservation leases or
2143	other agreements for water quality improvement. The Department
2144	of Environmental Protection and the Department of Agriculture
2145	and Consumer Services may adopt rules governing the distribution
2146	of funds for implementation of best management practices. These
2147	funds shall not be used to abrogate the financial responsibility
2148	of those point and nonpoint sources that have contributed to the
2149	degradation of water or land areas. Increased priority shall be
2150	given by the department and the water management district
2151	governing boards to those projects that have secured a cost-
2152	sharing agreement allocating responsibility for the cleanup of
2153	point and nonpoint sources.
2154	2. Twenty-five percent for the purposes of funding
2155	projects pursuant to ss. 373.451-373.459 or surface water
2156	restoration activities in water-management-district-designated
2157	priority water bodies. The Secretary of Environmental Protection
2158	shall ensure that each water management district receives the
2159	following percentage of funds annually:
2160	a. Thirty-five percent to the South Florida Water
2161	Management District;
2162	b. Twenty-five percent to the Southwest Florida Water
2163	Management District;
2164	c. Twenty-five percent to the St. Johns River Water
2165	Management District;
2166	d. Seven and one-half percent to the Suwannee River Water
2167	Management District; and
2168	e. Seven and one-half percent to the Northwest Florida
2169	Water Management District.
2170	3. Twenty-five percent to the Department of Environmental
2171	Protection for the Disadvantaged Small Community Wastewater
2172	Grant Program as provided in s. 403.1838.
2173
2174	Prior to the end of the 2008 Regular Session, the Legislature
2175	must review the distribution of funds under the Water Protection
2176	and Sustainability Program to determine if revisions to the
2177	funding formula are required. At the discretion of the President
2178	of the Senate and the Speaker of the House of Representatives,
2179	the appropriate substantive committees of the Legislature may
2180	conduct an interim project to review the Water Protection and
2181	Sustainability Program and the funding formula and make written
2182	recommendations to the Legislature proposing necessary changes,
2183	if any.
2184	(5) For the 2009-2010 fiscal year only, funds shall be
2185	distributed as follows:
2186	(a) Thirty-one and twenty-one hundredths percent to the
2187	Department of Environmental Protection for the implementation of
2188	an alternative water supply program as provided in s. 373.1961.
2189	(b) Twenty-six and eighty-seven hundredths percent for the
2190	implementation of best management practices and capital project
2191	expenditures necessary for the implementation of the goals of
2192	the total maximum daily load program established in s. 403.067.
2193	Of these funds, 86 percent shall be transferred to the credit of
2194	the Water Quality Assurance Trust Fund of the Department of
2195	Environmental Protection to address water quality impacts
2196	associated with nonagricultural nonpoint sources. Fourteen
2197	percent of these funds shall be transferred to the General
2198	Inspection Trust Fund of the Department of Agriculture and
2199	Consumer Services to address water quality impacts associated
2200	with agricultural nonpoint sources. These funds shall be used
2201	for research, development, demonstration, and implementation of
2202	the total maximum daily load program under s. 403.067, suitable
2203	best management practices, or other measures used to achieve
2204	water quality standards in surface waters and water segments
2205	identified pursuant to s. 303(d) of the Clean Water Act, Pub. L.
2206	No. 92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best
2207	management practices and other measures may include cost-share
2208	grants, technical assistance, implementation tracking, and
2209	conservation leases or other agreements for water quality
2210	improvement. The Department of Environmental Protection and the
2211	Department of Agriculture and Consumer Services may adopt rules
2212	governing the distribution of funds for implementation of
2213	capital projects, best management practices, and other measures.
2214	These funds may not be used to abrogate the financial
2215	responsibility of those point and nonpoint sources that have
2216	contributed to the degradation of water or land areas. Increased
2217	priority shall be given by the department and the water
2218	management district governing boards to those projects that have
2219	secured a cost-sharing agreement that allocates responsibility
2220	for the cleanup of point and nonpoint sources.
2221	(c) Forty-one and ninety-two hundredths percent to the
2222	Department of Environmental Protection for the Disadvantaged
2223	Small Community Wastewater Grant Program as provided in s.
2224	403.1838.
2225
2226	This subsection expires July 1, 2010.
2227	Section 25. Subsection (1) of section 403.891, Florida
2228	Statutes, is amended to read:
2229	403.891 Water Protection and Sustainability Program Trust
2230	Fund of the Department of Environmental Protection.-
2231	(1) The Water Protection and Sustainability Program Trust
2232	Fund is created within the Department of Environmental
2233	Protection. The purpose of the trust fund is to receive funds
2234	pursuant to s. 201.15(1)(c)2., funds from other sources provided
2235	for in law and the General Appropriations Act, and funds
2236	received by the department in order to implement the provisions
2237	of the Water Sustainability and Protection Program created in s.
2238	403.890.
2239	Section 26. Section 682.02, Florida Statutes, is amended
2240	to read:
2241	682.02 Arbitration agreements made valid, irrevocable, and
2242	enforceable; scope.-Two or more parties may agree in writing to
2243	submit to arbitration any controversy existing between them at
2244	the time of the agreement, or they may include in a written
2245	contract a provision for the settlement by arbitration of any
2246	controversy thereafter arising between them relating to such
2247	contract or the failure or refusal to perform the whole or any
2248	part thereof. This section also applies to written interlocal
2249	agreements under ss. 163.01 and 373.713 373.1962 in which two or
2250	more parties agree to submit to arbitration any controversy
2251	between them concerning water use permit applications and other
2252	matters, regardless of whether or not the water management
2253	district with jurisdiction over the subject application is a
2254	party to the interlocal agreement or a participant in the
2255	arbitration. Such agreement or provision shall be valid,
2256	enforceable, and irrevocable without regard to the justiciable
2257	character of the controversy; provided that this act shall not
2258	apply to any such agreement or provision to arbitrate in which
2259	it is stipulated that this law shall not apply or to any
2260	arbitration or award thereunder.
2261	Section 27. Section 373.71, Florida Statutes, is
2262	renumbered as section 373.69, Florida Statutes.
2263	Section 28. Sections 373.0361, 373.0391, 373.0831,
2264	373.196, 373.1961, 373.1962, and 373.1963, Florida Statutes, are
2265	repealed.
2266	Section 29. It is the intent of the Legislature that the
2267	creation of part VII of chapter 373, Florida Statutes, is to
2268	reorganize certain existing provisions of part I of chapter 373,
2269	Florida Statutes, and does not make any substantive changes to
2270	existing law or judicial interpretation thereof. It is further
2271	the intent of the Legislature that any legislation enacted
2272	during the 2010 Regular Session and any extension thereof
2273	affecting ss. 373.0361, 373.0391, 373.0831, 373.196, 373.1961,
2274	373.1962, and 373.1963, Florida Statutes, either before or after
2275	this act becomes law, be given full force and effect
2276	substantively and that such new substantive provisions of law
2277	shall be integrated into ss. 373.703, 373.705, 373.707, 373.709,
2278	373.711, 373.713, and 373.715, Florida Statutes, as created by
2279	this act.
2280	Section 30. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.