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       Florida Senate - 2010                       CS for CS for SB 550
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       and Environmental Preservation and Conservation; and Senator
       Constantine
       
       
       585-04284-10                                           2010550c2
    1                        A bill to be entitled                      
    2         An act relating to environmental protection; creating
    3         part VII of ch. 373, F.S., relating to water supply
    4         policy, planning, production, and funding; providing a
    5         declaration of policy; providing for the powers and
    6         duties of water management district governing boards;
    7         requiring the Department of Environmental Protection
    8         to develop the Florida water supply plan; providing
    9         components of the plan; requiring water management
   10         district governing boards to develop water supply
   11         plans for their respective regions; providing
   12         components of district water supply plans; providing
   13         legislative findings and intent with respect to water
   14         resource development and water supply development;
   15         requiring water management districts to fund and
   16         implement water resource development; specifying water
   17         supply development projects that are eligible to
   18         receive priority consideration for state or water
   19         management district funding assistance; encouraging
   20         cooperation in the development of water supplies;
   21         providing for alternative water supply development;
   22         encouraging municipalities, counties, and special
   23         districts to create regional water supply authorities;
   24         establishing the primary roles of the water management
   25         districts in alternative water supply development;
   26         establishing the primary roles of local governments,
   27         regional water supply authorities, special districts,
   28         and publicly owned and privately owned water utilities
   29         in alternative water supply development; requiring the
   30         water management districts to detail the specific
   31         allocations to be used for alternative water supply
   32         development in their annual budget submission;
   33         requiring that the water management districts include
   34         the amount needed to implement the water supply
   35         development projects in each annual budget;
   36         establishing general funding criteria for funding
   37         assistance to the state or water management districts;
   38         establishing economic incentives for alternative water
   39         supply development; providing a funding formula for
   40         the distribution of state funds to the water
   41         management districts for alternative water supply
   42         development; requiring that funding assistance for
   43         alternative water supply development be limited to a
   44         percentage of the total capital costs of an approved
   45         project; establishing a selection process and
   46         criteria; providing for cost recovery from the Public
   47         Service Commission; providing selection criteria for
   48         submittal of water supply projects to the State Board
   49         of Administration; requiring a water management
   50         district governing board to conduct water supply
   51         planning for each region identified in the district
   52         water supply plan; providing procedures and
   53         requirements with respect to regional water supply
   54         plans; providing for joint development of a specified
   55         water supply development component of a regional water
   56         supply plan within the boundaries of the Southwest
   57         Florida Water Management District; providing that
   58         approval of a regional water supply plan is not
   59         subject to the rulemaking requirements of the
   60         Administrative Procedure Act; requiring the department
   61         to submit annual reports on the status of regional
   62         water supply planning in each district; providing
   63         construction with respect to the water supply
   64         development component of a regional water supply plan;
   65         requiring water management districts to present to
   66         certain entities the relevant portions of a regional
   67         water supply plan; requiring certain entities to
   68         provide written notification to water management
   69         districts as to the implementation of water supply
   70         project options; requiring water management districts
   71         to notify local governments of the need for
   72         alternative water supply projects; requiring water
   73         management districts to assist local governments in
   74         the development and future revision of local
   75         government comprehensive plan elements or public
   76         facilities reports related to water resource issues;
   77         providing for the creation of regional water supply
   78         authorities; providing purpose of such authorities;
   79         specifying considerations with respect to the creation
   80         of a proposed authority; specifying authority of a
   81         regional water supply authority; providing authority
   82         of specified entities to convey title, dedicate land,
   83         or grant land-use rights to a regional water supply
   84         authority for specified purposes; providing
   85         preferential rights of counties and municipalities to
   86         purchase water from regional water supply authorities;
   87         providing exemption for specified water supply
   88         authorities from consideration of certain factors and
   89         submissions; providing applicability of such
   90         exemptions; authorizing the West Coast Regional Water
   91         Supply Authority and its member governments to
   92         reconstitute the authority’s governance and rename the
   93         authority under a voluntary interlocal agreement;
   94         providing compliance requirements with respect to the
   95         interlocal agreement; providing for supersession of
   96         conflicting general or special laws; providing
   97         requirements with respect to annual budgets;
   98         specifying the annual millage for the authority;
   99         authorizing the authority to request the governing
  100         board of the district to levy ad valorem taxes within
  101         the boundaries of the authority to finance authority
  102         functions; providing requirements and procedures with
  103         respect to the collection of such taxes; amending ss.
  104         120.52, 163.3167, 163.3177, 163.3191, 189.404,
  105         189.4155, 189.4156, and 367.021, F.S.; conforming
  106         cross-references and removing obsolete provisions;
  107         amending s. 373.019, F.S.; redefining the term
  108         “alternative water supply” to include conservation
  109         projects; amending ss. 373.036, 373.0363, 373.0421,
  110         373.0695, 373.223, 373.2234, 373.229, 373.236,
  111         373.536, 373.59, 378.212, 378.404, 403.0891, 403.890,
  112         403.891, and 682.02, F.S.; conforming cross-references
  113         and removing obsolete provisions; renumbering s.
  114         373.71, F.S.; relating to the Apalachicola
  115         Chattahoochee-Flint River Basin Compact, to clarify
  116         retention of the section in part VI of ch. 373, F.S.;
  117         repealing s. 373.0361, F.S., relating to regional
  118         water supply planning; repealing s. 373.0391, F.S.,
  119         relating to technical assistance to local governments;
  120         repealing s. 373.0831, F.S., relating to water
  121         resource and water supply development; repealing s.
  122         373.196, F.S., relating to alternative water supply
  123         development; repealing s. 373.1961, F.S., relating to
  124         water production and related powers and duties of
  125         water management districts; repealing s. 373.1962,
  126         F.S., relating to regional water supply authorities;
  127         repealing s. 373.1963, F.S., relating to assistance to
  128         the West Coast Regional Water Supply Authority;
  129         amending s. 373.079, F.S.; deleting the requirement
  130         that the district governing board delegate its
  131         authority to take final actions; amending s. 373.083,
  132         F.S.; deleting the restriction against reviewing
  133         delegations by the board under ch. 120, F.S.; amending
  134         s. 373.118, F.S.; requiring the board to provide a
  135         process for referring certain delegated actions to the
  136         governing board for final action; creating s.
  137         373.4131, F.S.; providing legislative findings;
  138         providing definitions; directing the Department of
  139         Environmental Protection, along with the water
  140         management districts, to create a statewide uniform
  141         stormwater management rule; providing requirements for
  142         rule creation; exempting agriculture from the rule;
  143         amending s. 403.031, F.S.; modifying the definition of
  144         “pollution” to include excess nutrients; providing
  145         definitions for “first magnitude spring” and “second
  146         magnitude spring”; amending 403.061, F.S.; directing
  147         the Department of Environmental Protection to limit
  148         nutrients in water bodies; directing the Department of
  149         Environmental Protection, along with the water
  150         management districts, to create and maintain an
  151         online, public database for consumptive use permits;
  152         creating s. 403.0675, F.S.; directing the Department
  153         of Environmental Protection to establish and implement
  154         numeric nutrient criteria that comply with the United
  155         States Environmental Protection Agency’s requirements;
  156         providing legislative findings; providing requirements
  157         for development of the numeric nutrient criteria;
  158         amending s. 215.619, F.S.; authorizing the issuance of
  159         bonds to be used to finance the management of sewage
  160         facilities in the Florida Keys Area; amending s.
  161         380.0552, F.S.; revising legislative intent relating
  162         to the designation of the Florida Keys as an area of
  163         critical state concern; revising the procedures for
  164         removing the designation; providing for administrative
  165         review of such removal rather than judicial review;
  166         authorizing the Administration Commission to adopt
  167         rules or revise existing rules; revising the
  168         principles guiding development; revising compliance
  169         requirements for reviewing comprehensive plan
  170         amendments; amending s. 381.0065, F.S.; providing
  171         additional legislative intent; providing additional
  172         requirements for onsite sewage treatment and disposal
  173         systems in Monroe County; providing a definition for
  174         “evaluation” and “responsible management entity”;
  175         directing the Department of Health, the Department of
  176         Community Affairs, and the Department of Environmental
  177         Protection to develop guidelines for the creation of
  178         responsible management entities; providing for duties
  179         and powers of responsible management entities;
  180         providing a statewide implementation schedule for
  181         responsible management entities; prohibiting the land
  182         application of septage after July 1, 2015; amending s.
  183         381.00655, F.S.; requiring responsible management
  184         entities to pay central sewer connection fees;
  185         amending s. 381.0066, F.S.; providing an annual
  186         operating permit fee for responsible management
  187         entities; directing the Department of Health to
  188         evaluate fee schedules set by responsible management
  189         entities; providing minimum requirements for the
  190         evaluation; amending s. 403.086, F.S.; requiring the
  191         Department of Environmental Protection to submit a
  192         report on the effects of reclaimed water use;
  193         clarifying reuse requirements for domestic wastewater
  194         facilities that discharge through ocean outfalls;
  195         providing legislative findings and discharge
  196         requirements for wastewater facilities in Monroe
  197         County; prohibiting the land application of class AA,
  198         class A, and class B wastewater residuals; exempting
  199         class AA residuals marketed, distributed, and applied
  200         as fertilizer, repealing sections 4, 5, and 6 of
  201         chapter 99-395, Laws of Florida, as amended, relating
  202         to sewage treatment in the Florida Keys; amending ss.
  203         11.45 and 403.1835, F.S.; conforming terms to changes
  204         made by the renaming the corporation; amending s.
  205         403.1837, F.S.; renaming the “Florida Water Pollution
  206         Control Financing Corporation” as the “Florida Water
  207         Pollution Control and Drinking Water Financing
  208         Corporation”; expanding the jurisdiction of the
  209         corporation to include loans made from the drinking
  210         water state revolving loan fund; amending s. 403.8532,
  211         F.S.; providing definitions for the terms “bonds” and
  212         “corporation”; conforming provisions to changes made
  213         by the act; authorizing the Department of
  214         Environmental Protection to adopt certain rules;
  215         amending s. 403.8533, F.S.; revising the purposes for
  216         the Drinking Water Revolving Loan Trust Fund;
  217         providing that the trust fund is exempt from the
  218         termination provisions of the State Constitution;
  219         creating part IV of ch. 369, F.S.; providing a short
  220         title; providing legislative findings and intent with
  221         respect to the need to protect and restore springs and
  222         ground water; providing definitions; requiring the
  223         Department of Environmental Protection to delineate
  224         the springsheds of specified springs; requiring the
  225         department to adopt spring protection zones by
  226         secretarial order; requiring the department to adopt
  227         total maximum daily loads and basin management action
  228         plans for spring systems; providing requirements for
  229         onsite sewage treatment and disposal systems;
  230         providing requirements for agricultural operations;
  231         authorizing the Department of Environmental
  232         Protection, the Department of Health, and the
  233         Department of Agriculture and Consumer Services to
  234         adopt rules; requiring the water management districts
  235         and local governments to evaluate and remediate
  236         nitrogen loading and begin implementing management
  237         plans within the spring protection zones; amending s.
  238         259.105, F.S.; providing priority under the Florida
  239         Forever Act for projects within a springs protection
  240         zone; amending s. 369.317, F.S.; clarifying mitigation
  241         offsets in the Wekiva Study Area; creating s. 373.631,
  242         F.S.; providing legislative intent to utilize State
  243         University System academic bodies to provide regular
  244         science-based policy recommendations to the
  245         Legislature; directing that the University of Florida
  246         Water Institute be the lead academic body; amending s.
  247         553.77, F.S.; directing the Florida Building
  248         Commission to recommend products that result in water
  249         conservation; amending s. 215.47, F.S.; authorizing
  250         the State Board of Administration to make investments
  251         in alternative water supply and water resource
  252         development projects; amending s. 373.129, F.S.;
  253         requiring the water management districts to submit to
  254         alternative dispute resolution in conflicts with other
  255         governmental entities; amending s. 403.707, F.S.;
  256         requiring liners for new construction and demolition
  257         debris landfills; amending s. 298.66, F.S.; correcting
  258         a scrivener’s error to align statutory effect with
  259         legislative intent; amending s. 212.055, F.S.;
  260         allowing counties designated as an area of critical
  261         state concern to levy a one-cent sales surtax for
  262         stormwater and wastewater management; requiring
  263         approval of the surtax by voter referendum; providing
  264         an effective date.
  265  
  266  Be It Enacted by the Legislature of the State of Florida:
  267  
  268         Section 1. Part VII of chapter 373, Florida Statutes,
  269  consisting of sections 373.701, 373.703, 373.705, 373.707,
  270  373.709, 373.711, 373.713, and 373.715, is created to read:
  271                              PART VII                             
  272       WATER SUPPLY POLICY, PLANNING, PRODUCTION, AND FUNDING      
  273         373.701 Declaration of policy.—It is declared to be the
  274  policy of the Legislature:
  275         (1) To promote the availability of sufficient water for all
  276  existing and future reasonable-beneficial uses and natural
  277  systems.
  278         (2)(a) Because water constitutes a public resource
  279  benefiting the entire state, it is the policy of the Legislature
  280  that the waters in the state be managed on a state and regional
  281  basis. Consistent with this directive, the Legislature
  282  recognizes the need to allocate water throughout the state so as
  283  to meet all reasonable-beneficial uses. However, the Legislature
  284  acknowledges that such allocations have in the past adversely
  285  affected the water resources of certain areas in this state. To
  286  protect such water resources and to meet the current and future
  287  needs of those areas with abundant water, the Legislature
  288  directs the department and the water management districts to
  289  encourage the use of water from sources nearest the area of use
  290  or application whenever practicable. Such sources shall include
  291  all naturally occurring water sources and all alternative water
  292  sources, including, but not limited to, desalination,
  293  conservation, reuse of nonpotable reclaimed water and
  294  stormwater, and aquifer storage and recovery. Reuse of potable
  295  reclaimed water and stormwater shall not be subject to the
  296  evaluation described in s. 373.223(3)(a)-(g). However, this
  297  directive to encourage the use of water, whenever practicable,
  298  from sources nearest the area of use or application shall not
  299  apply to the transport and direct and indirect use of water
  300  within the area encompassed by the Central and Southern Florida
  301  Flood Control Project, nor shall it apply anywhere in the state
  302  to the transport and use of water supplied exclusively for
  303  bottled water as defined in s. 500.03(1)(d), nor shall it apply
  304  to the transport and use of reclaimed water for electrical power
  305  production by an electric utility as defined in s. 366.02(2).
  306         (b) In establishing the policy outlined in paragraph (a),
  307  the Legislature realizes that under certain circumstances the
  308  need to transport water from distant sources may be necessary
  309  for environmental, technical, or economic reasons.
  310         (3) Cooperative efforts between municipalities, counties,
  311  water management districts, and the department are mandatory in
  312  order to meet the water needs of rapidly urbanizing areas in a
  313  manner that will supply adequate and dependable supplies of
  314  water where needed without resulting in adverse effects upon the
  315  areas from which such water is withdrawn. Such efforts should
  316  use all practical means of obtaining water, including, but not
  317  limited to, withdrawals of surface water and ground water,
  318  reuse, and desalination and will necessitate not only
  319  cooperation but also well-coordinated activities.
  320  Municipalities, counties, and special districts are encouraged
  321  to create regional water supply authorities as authorized in s.
  322  373.713 or multijurisdictional water supply entities.
  323         373.703 Water production; general powers and duties.—In the
  324  performance of, and in conjunction with, its other powers and
  325  duties, the governing board of a water management district
  326  existing pursuant to this chapter:
  327         (1) Shall engage in planning to assist counties,
  328  municipalities, special districts, publicly owned and privately
  329  owned water utilities, multijurisdictional water supply
  330  entities, or regional water supply authorities in meeting water
  331  supply needs in such manner as will give priority to encouraging
  332  conservation and reducing adverse environmental effects of
  333  improper or excessive withdrawals of water from concentrated
  334  areas. As used in this section and s. 373.707, regional water
  335  supply authorities are regional water authorities created under
  336  s. 373.713 or other laws of this state.
  337         (2) Shall assist counties, municipalities, special
  338  districts, publicly owned or privately owned water utilities,
  339  multijurisdictional water supply entities, or regional water
  340  supply authorities in meeting water supply needs in such manner
  341  as will give priority to encouraging conservation and reducing
  342  adverse environmental effects of improper or excessive
  343  withdrawals of water from concentrated areas.
  344         (3) May establish, design, construct, operate, and maintain
  345  water production and transmission facilities for the purpose of
  346  supplying water to counties, municipalities, special districts,
  347  publicly owned and privately owned water utilities,
  348  multijurisdictional water supply entities, or regional water
  349  supply authorities. The permit required by part II of this
  350  chapter for a water management district engaged in water
  351  production and transmission shall be granted, denied, or granted
  352  with conditions by the department.
  353         (4) Shall not engage in local water supply distribution.
  354         (5) Shall not deprive, directly or indirectly, any county
  355  wherein water is withdrawn of the prior right to the reasonable
  356  and beneficial use of water which is required to supply
  357  adequately the reasonable and beneficial needs of the county or
  358  any of the inhabitants or property owners therein.
  359         (6) May provide water and financial assistance to regional
  360  water supply authorities, but may not provide water to counties
  361  and municipalities which are located within the area of such
  362  authority without the specific approval of the authority or, in
  363  the event of the authority’s disapproval, the approval of the
  364  Governor and Cabinet sitting as the Land and Water Adjudicatory
  365  Commission. The district may supply water at rates and upon
  366  terms mutually agreed to by the parties or, if they do not
  367  agree, as set by the governing board and specifically approved
  368  by the Governor and Cabinet sitting as the Land and Water
  369  Adjudicatory Commission.
  370         (7) May acquire title to such interest as is necessary in
  371  real property, by purchase, gift, devise, lease, eminent domain,
  372  or otherwise, for water production and transmission consistent
  373  with this section and s. 373.707. However, the district shall
  374  not use any of the eminent domain powers herein granted to
  375  acquire water and water rights already devoted to reasonable and
  376  beneficial use or any water production or transmission
  377  facilities owned by any county, municipality, or regional water
  378  supply authority. The district may exercise eminent domain
  379  powers outside of its district boundaries for the acquisition of
  380  pumpage facilities, storage areas, transmission facilities, and
  381  the normal appurtenances thereto, provided that at least 45 days
  382  prior to the exercise of eminent domain, the district notifies
  383  the district where the property is located after public notice
  384  and the district where the property is located does not object
  385  within 45 days after notification of such exercise of eminent
  386  domain authority.
  387         (8) In addition to the power to issue revenue bonds
  388  pursuant to s. 373.584, may issue revenue bonds for the purposes
  389  of paying the costs and expenses incurred in carrying out the
  390  purposes of this chapter or refunding obligations of the
  391  district issued pursuant to this section. Such revenue bonds
  392  shall be secured by, and be payable from, revenues derived from
  393  the operation, lease, or use of its water production and
  394  transmission facilities and other water-related facilities and
  395  from the sale of water or services relating thereto. Such
  396  revenue bonds may not be secured by, or be payable from, moneys
  397  derived by the district from the Water Management Lands Trust
  398  Fund or from ad valorem taxes received by the district. All
  399  provisions of s. 373.584 relating to the issuance of revenue
  400  bonds which are not inconsistent with this section shall apply
  401  to the issuance of revenue bonds pursuant to this section. The
  402  district may also issue bond anticipation notes in accordance
  403  with the provisions of s. 373.584.
  404         (9) May join with one or more other water management
  405  districts, counties, municipalities, special districts, publicly
  406  owned or privately owned water utilities, multijurisdictional
  407  water supply entities, or regional water supply authorities for
  408  the purpose of carrying out any of its powers, and may contract
  409  with such other entities to finance acquisitions, construction,
  410  operation, and maintenance. The contract may provide for
  411  contributions to be made by each party thereto, for the division
  412  and apportionment of the expenses of acquisitions, construction,
  413  operation, and maintenance, and for the division and
  414  apportionment of the benefits, services, and products therefrom.
  415  The contracts may contain other covenants and agreements
  416  necessary and appropriate to accomplish their purposes.
  417         373.705 Water resource development; water supply
  418  development.—
  419         (1) The Legislature finds that:
  420         (a) The proper role of the water management districts in
  421  water supply is primarily planning and water resource
  422  development, but this does not preclude them from providing
  423  assistance with water supply development.
  424         (b) The proper role of local government, regional water
  425  supply authorities, and government-owned and privately owned
  426  water utilities in water supply is primarily water supply
  427  development, but this does not preclude them from providing
  428  assistance with water resource development.
  429         (c) Water resource development and water supply development
  430  must receive priority attention, where needed, to increase the
  431  availability of sufficient water for all existing and future
  432  reasonable-beneficial uses and natural systems.
  433         (2) It is the intent of the Legislature that:
  434         (a) Sufficient water be available for all existing and
  435  future reasonable-beneficial uses and the natural systems, and
  436  that the adverse effects of competition for water supplies be
  437  avoided.
  438         (b) Water management districts take the lead in identifying
  439  and implementing water resource development projects, and be
  440  responsible for securing necessary funding for regionally
  441  significant water resource development projects.
  442         (c) Local governments, regional water supply authorities,
  443  and government-owned and privately owned water utilities take
  444  the lead in securing funds for and implementing water supply
  445  development projects. Generally, direct beneficiaries of water
  446  supply development projects should pay the costs of the projects
  447  from which they benefit, and water supply development projects
  448  should continue to be paid for through local funding sources.
  449         (d) Water supply development be conducted in coordination
  450  with water management district regional water supply planning
  451  and water resource development.
  452         (3) The water management districts shall fund and implement
  453  water resource development as defined in s. 373.019. The water
  454  management districts are encouraged to implement water resource
  455  development as expeditiously as possible in areas subject to
  456  regional water supply plans. Each governing board shall include
  457  in its annual budget the amount needed for the fiscal year to
  458  implement water resource development projects, as prioritized in
  459  its regional water supply plans.
  460         (4)(a) Water supply development projects that are
  461  consistent with the relevant regional water supply plans and
  462  that meet one or more of the following criteria shall receive
  463  priority consideration for state or water management district
  464  funding assistance:
  465         1. The project supports establishment of a dependable,
  466  sustainable supply of water which is not otherwise financially
  467  feasible;
  468         2. The project provides substantial environmental benefits
  469  by preventing or limiting adverse water resource impacts, but
  470  requires funding assistance to be economically competitive with
  471  other options; or
  472         3. The project significantly implements reuse, storage,
  473  recharge, or conservation of water in a manner that contributes
  474  to the sustainability of regional water sources.
  475         (b) Water supply development projects that meet the
  476  criteria in paragraph (a) and that meet one or more of the
  477  following additional criteria shall be given first consideration
  478  for state or water management district funding assistance:
  479         1. The project brings about replacement of existing sources
  480  in order to help implement a minimum flow or level; or
  481         2. The project implements reuse that assists in the
  482  elimination of domestic wastewater ocean outfalls as provided in
  483  s. 403.086(9).
  484         373.707 Alternative water supply development.—
  485         (1) The purpose of this section is to encourage cooperation
  486  in the development of water supplies and to provide for
  487  alternative water supply development.
  488         (a) Demands on natural supplies of fresh water to meet the
  489  needs of a rapidly growing population and the needs of the
  490  environment, agriculture, industry, and mining will continue to
  491  increase.
  492         (b) There is a need for the development of alternative
  493  water supplies for Florida to sustain its economic growth,
  494  economic viability, and natural resources.
  495         (c) Cooperative efforts between municipalities, counties,
  496  special districts, water management districts, and the
  497  Department of Environmental Protection are mandatory in order to
  498  meet the water needs of rapidly urbanizing areas in a manner
  499  that will supply adequate and dependable supplies of water where
  500  needed without resulting in adverse effects upon the areas from
  501  which such water is withdrawn. Such efforts should use all
  502  practical means of obtaining water, including, but not limited
  503  to, withdrawals of surface water and ground water, reuse, and
  504  desalinization, and will necessitate not only cooperation but
  505  also well-coordinated activities. Municipalities, counties, and
  506  special districts are encouraged to create regional water supply
  507  authorities as authorized in s. 373.713 or multijurisdictional
  508  water supply entities.
  509         (d) Alternative water supply development must receive
  510  priority funding attention to increase the available supplies of
  511  water to meet all existing and future reasonable-beneficial uses
  512  and to benefit the natural systems.
  513         (e) Cooperation between counties, municipalities, regional
  514  water supply authorities, multijurisdictional water supply
  515  entities, special districts, and publicly owned and privately
  516  owned water utilities in the development of countywide and
  517  multicountywide alternative water supply projects will allow for
  518  necessary economies of scale and efficiencies to be achieved in
  519  order to accelerate the development of new, dependable, and
  520  sustainable alternative water supplies.
  521         (f) It is in the public interest that county, municipal,
  522  industrial, agricultural, and other public and private water
  523  users, the Department of Environmental Protection, and the water
  524  management districts cooperate and work together in the
  525  development of alternative water supplies to avoid the adverse
  526  effects of competition for limited supplies of water. Public
  527  moneys or services provided to private entities for alternative
  528  water supply development may constitute public purposes that
  529  also are in the public interest.
  530         (2)(a) Sufficient water must be available for all existing
  531  and future reasonable-beneficial uses and the natural systems,
  532  and the adverse effects of competition for water supplies must
  533  be avoided.
  534         (b) Water supply development and alternative water supply
  535  development must be conducted in coordination with water
  536  management district regional water supply planning.
  537         (c) Funding for the development of alternative water
  538  supplies shall be a shared responsibility of water suppliers and
  539  users, the State of Florida, and the water management districts,
  540  with water suppliers and users having the primary responsibility
  541  and the State of Florida and the water management districts
  542  being responsible for providing funding assistance.
  543         (3) The primary roles of the water management districts in
  544  water resource development as it relates to supporting
  545  alternative water supply development are:
  546         (a) The formulation and implementation of regional water
  547  resource management strategies that support alternative water
  548  supply development;
  549         (b) The collection and evaluation of surface water and
  550  groundwater data to be used for a planning level assessment of
  551  the feasibility of alternative water supply development
  552  projects;
  553         (c) The construction, operation, and maintenance of major
  554  public works facilities for flood control, surface and
  555  underground water storage, and groundwater recharge augmentation
  556  to support alternative water supply development;
  557         (d) Planning for alternative water supply development as
  558  provided in regional water supply plans in coordination with
  559  local governments, regional water supply authorities,
  560  multijurisdictional water supply entities, special districts,
  561  and publicly owned and privately owned water utilities and self
  562  suppliers;
  563         (e) The formulation and implementation of structural and
  564  nonstructural programs to protect and manage water resources in
  565  support of alternative water supply projects; and
  566         (f) The provision of technical and financial assistance to
  567  local governments and publicly owned and privately owned water
  568  utilities for alternative water supply projects.
  569         (4) The primary roles of local government, regional water
  570  supply authorities, multijurisdictional water supply entities,
  571  special districts, and publicly owned and privately owned water
  572  utilities in alternative water supply development shall be:
  573         (a) The planning, design, construction, operation, and
  574  maintenance of alternative water supply development projects;
  575         (b) The formulation and implementation of alternative water
  576  supply development strategies and programs;
  577         (c) The planning, design, construction, operation, and
  578  maintenance of facilities to collect, divert, produce, treat,
  579  transmit, and distribute water for sale, resale, or end use; and
  580         (d) The coordination of alternative water supply
  581  development activities with the appropriate water management
  582  district having jurisdiction over the activity.
  583         (5) Nothing in this section shall be construed to preclude
  584  the various special districts, municipalities, and counties from
  585  continuing to operate existing water production and transmission
  586  facilities or to enter into cooperative agreements with other
  587  special districts, municipalities, and counties for the purpose
  588  of meeting their respective needs for dependable and adequate
  589  supplies of water; however, the obtaining of water through such
  590  operations shall not be done in a manner that results in adverse
  591  effects upon the areas from which such water is withdrawn.
  592         (6)(a) The statewide funds provided pursuant to the Water
  593  Protection and Sustainability Program serve to supplement
  594  existing water management district or basin board funding for
  595  alternative water supply development assistance and should not
  596  result in a reduction of such funding. Therefore, the water
  597  management districts shall include in the annual tentative and
  598  adopted budget submittals required under this chapter the amount
  599  of funds allocated for water resource development that supports
  600  alternative water supply development and the funds allocated for
  601  alternative water supply projects selected for inclusion in the
  602  Water Protection and Sustainability Program. It shall be the
  603  goal of each water management district and basin boards that the
  604  combined funds allocated annually for these purposes be, at a
  605  minimum, the equivalent of 100 percent of the state funding
  606  provided to the water management district for alternative water
  607  supply development. If this goal is not achieved, the water
  608  management district shall provide in the budget submittal an
  609  explanation of the reasons or constraints that prevent this goal
  610  from being met, an explanation of how the goal will be met in
  611  future years, and affirmation of match is required during the
  612  budget review process as established under s. 373.536(5). The
  613  Suwannee River Water Management District and the Northwest
  614  Florida Water Management District shall not be required to meet
  615  the match requirements of this paragraph; however, they shall
  616  try to achieve the match requirement to the greatest extent
  617  practicable.
  618         (b) State funds from the Water Protection and
  619  Sustainability Program created in s. 403.890 shall be made
  620  available for financial assistance for the project construction
  621  costs of alternative water supply development projects selected
  622  by a water management district governing board for inclusion in
  623  the program.
  624         (7) The water management district shall implement its
  625  responsibilities as expeditiously as possible in areas subject
  626  to regional water supply plans. Each district’s governing board
  627  shall include in its annual budget the amount needed for the
  628  fiscal year to assist in implementing alternative water supply
  629  development projects.
  630         (8)(a) The water management districts and the state shall
  631  share a percentage of revenues with water providers and users,
  632  including local governments, water, wastewater, and reuse
  633  utilities, municipal, special district, industrial, and
  634  agricultural water users, and other public and private water
  635  users, to be used to supplement other funding sources in the
  636  development of alternative water supplies.
  637         (b) Beginning in the 2005-2006 fiscal year, the state shall
  638  annually provide a portion of those revenues deposited into the
  639  Water Protection and Sustainability Program Trust Fund for the
  640  purpose of providing funding assistance for the development of
  641  alternative water supplies pursuant to the Water Protection and
  642  Sustainability Program. At the beginning of each fiscal year,
  643  beginning with the 2005-2006 fiscal year, such revenues shall be
  644  distributed by the department into the alternative water supply
  645  trust fund accounts created by each district for the purpose of
  646  alternative water supply development under the following funding
  647  formula:
  648         1. Thirty percent to the South Florida Water Management
  649  District;
  650         2. Twenty-five percent to the Southwest Florida Water
  651  Management District;
  652         3. Twenty-five percent to the St. Johns River Water
  653  Management District;
  654         4. Ten percent to the Suwannee River Water Management
  655  District; and
  656         5. Ten percent to the Northwest Florida Water Management
  657  District.
  658         (c) The financial assistance for alternative water supply
  659  projects allocated in each district’s budget as required in
  660  subsection (6) shall be combined with the state funds and used
  661  to assist in funding the project construction costs of
  662  alternative water supply projects selected by the governing
  663  board. If the district has not completed any regional water
  664  supply plan, or the regional water supply plan does not identify
  665  the need for any alternative water supply projects, funds
  666  deposited in that district’s trust fund may be used for water
  667  resource development projects, including, but not limited to,
  668  springs protection.
  669         (d) All projects submitted to the governing board for
  670  consideration shall reflect the total capital cost for
  671  implementation. The costs shall be segregated pursuant to the
  672  categories described in the definition of capital costs.
  673         (e) Applicants for projects that may receive funding
  674  assistance pursuant to the Water Protection and Sustainability
  675  Program shall, at a minimum, be required to pay 60 percent of
  676  the project’s construction costs. The water management districts
  677  may, at their discretion, totally or partially waive this
  678  requirement for projects sponsored by financially disadvantaged
  679  small local governments as defined in former s. 403.885(5). The
  680  water management districts or basin boards may, at their
  681  discretion, use ad valorem or federal revenues to assist a
  682  project applicant in meeting the requirements of this paragraph.
  683         (f) The governing boards shall determine those projects
  684  that will be selected for financial assistance. The governing
  685  boards may establish factors to determine project funding;
  686  however, significant weight shall be given to the following
  687  factors:
  688         1. Whether the project provides substantial environmental
  689  benefits by preventing or limiting adverse water resource
  690  impacts.
  691         2. Whether the project reduces competition for water
  692  supplies.
  693         3. Whether the project brings about replacement of
  694  traditional sources in order to help implement a minimum flow or
  695  level or a reservation.
  696         4. Whether the project will be implemented by a consumptive
  697  use permittee that has achieved the targets contained in a goal
  698  based water conservation program approved pursuant to s.
  699  373.227.
  700         5. The quantity of water supplied by the project as
  701  compared to its cost.
  702         6. Projects in which the construction and delivery to end
  703  users of reuse water is a major component.
  704         7. Whether the project will be implemented by a
  705  multijurisdictional water supply entity or regional water supply
  706  authority.
  707         8. Whether the project implements reuse that assists in the
  708  elimination of domestic wastewater ocean outfalls as provided in
  709  s. 403.086(9).
  710         9. Whether the county or municipality, or the multiple
  711  counties or municipalities, in which the project is located has
  712  implemented a high-water recharge tax protection program as
  713  provided in s. 193.625.
  714         (g) Additional factors to be considered in determining
  715  project funding shall include:
  716         1. Whether the project is part of a plan to implement two
  717  or more alternative water supply projects, all of which will be
  718  operated to produce water at a uniform rate for the participants
  719  in a multijurisdictional water supply entity or regional water
  720  supply authority.
  721         2. The percentage of project costs to be funded by the
  722  water supplier or water user.
  723         3. Whether the project proposal includes sufficient
  724  preliminary planning and engineering to demonstrate that the
  725  project can reasonably be implemented within the timeframes
  726  provided in the regional water supply plan.
  727         4. Whether the project is a subsequent phase of an
  728  alternative water supply project that is underway.
  729         5. Whether and in what percentage a local government or
  730  local government utility is transferring water supply system
  731  revenues to the local government general fund in excess of
  732  reimbursements for services received from the general fund,
  733  including direct and indirect costs and legitimate payments in
  734  lieu of taxes.
  735         (h) After conducting one or more meetings to solicit public
  736  input on eligible projects, including input from those entities
  737  identified pursuant to s. 373.709(2)(a)3.d. for implementation
  738  of alternative water supply projects, the governing board of
  739  each water management district shall select projects for funding
  740  assistance based upon the criteria set forth in paragraphs (f)
  741  and (g). The governing board may select a project identified or
  742  listed as an alternative water supply development project in the
  743  regional water supply plan, or allocate up to 20 percent of the
  744  funding for alternative water supply projects that are not
  745  identified or listed in the regional water supply plan but are
  746  consistent with the goals of the plan.
  747         (i) Without diminishing amounts available through other
  748  means described in this paragraph, the governing boards are
  749  encouraged to consider establishing revolving loan funds to
  750  expand the total funds available to accomplish the objectives of
  751  this section. A revolving loan fund created under this paragraph
  752  must be a nonlapsing fund from which the water management
  753  district may make loans with interest rates below prevailing
  754  market rates to public or private entities for the purposes
  755  described in this section. The governing board may adopt
  756  resolutions to establish revolving loan funds which must specify
  757  the details of the administration of the fund, the procedures
  758  for applying for loans from the fund, the criteria for awarding
  759  loans from the fund, the initial capitalization of the fund, and
  760  the goals for future capitalization of the fund in subsequent
  761  budget years. Revolving loan funds created under this paragraph
  762  must be used to expand the total sums and sources of cooperative
  763  funding available for the development of alternative water
  764  supplies. The Legislature does not intend for the creation of
  765  revolving loan funds to supplant or otherwise reduce existing
  766  sources or amounts of funds currently available through other
  767  means.
  768         (j) For each utility that receives financial assistance
  769  from the state or a water management district for an alternative
  770  water supply project, the water management district shall
  771  require the appropriate rate-setting authority to develop rate
  772  structures for water customers in the service area of the funded
  773  utility that will:
  774         1. Promote the conservation of water; and
  775         2. Promote the use of water from alternative water
  776  supplies.
  777         (k) The governing boards shall establish a process for the
  778  disbursal of revenues pursuant to this subsection.
  779         (l) All revenues made available pursuant to this subsection
  780  must be encumbered annually by the governing board when it
  781  approves projects sufficient to expend the available revenues.
  782         (m) This subsection is not subject to the rulemaking
  783  requirements of chapter 120.
  784         (n) By March 1 of each year, as part of the consolidated
  785  annual report required by s. 373.036(7), each water management
  786  district shall submit a report on the disbursal of all budgeted
  787  amounts pursuant to this section. Such report shall describe all
  788  alternative water supply projects funded as well as the quantity
  789  of new water to be created as a result of such projects and
  790  shall account separately for any other moneys provided through
  791  grants, matching grants, revolving loans, and the use of
  792  district lands or facilities to implement regional water supply
  793  plans.
  794         (o) The Florida Public Service Commission shall allow
  795  entities under its jurisdiction constructing or participating in
  796  constructing facilities that provide alternative water supplies
  797  to recover their full, prudently incurred cost of constructing
  798  such facilities through their rate structure. If construction of
  799  a facility or participation in construction is pursuant to or in
  800  furtherance of a regional water supply plan, the cost shall be
  801  deemed to be prudently incurred. Every component of an
  802  alternative water supply facility constructed by an investor
  803  owned utility shall be recovered in current rates. Any state or
  804  water management district cost-share is not subject to the
  805  recovery provisions allowed in this paragraph.
  806         (9) Funding assistance provided by the water management
  807  districts for a water reuse system may include the following
  808  conditions for that project if a water management district
  809  determines that such conditions will encourage water use
  810  efficiency:
  811         (a) Metering of reclaimed water use for residential
  812  irrigation, agricultural irrigation, industrial uses, except for
  813  electric utilities as defined in s. 366.02(2), landscape
  814  irrigation, golf course irrigation, irrigation of other public
  815  access areas, commercial and institutional uses such as toilet
  816  flushing, and transfers to other reclaimed water utilities;
  817         (b) Implementation of reclaimed water rate structures based
  818  on actual use of reclaimed water for the reuse activities listed
  819  in paragraph (a);
  820         (c) Implementation of education programs to inform the
  821  public about water issues, water conservation, and the
  822  importance and proper use of reclaimed water; or
  823         (d) Development of location data for key reuse facilities.
  824         (10) For the purposes of seeking funding pursuant to s.
  825  315.47(k), the water management districts shall select only
  826  those projects identified under this section which will provide
  827  a regional benefit or will be implemented by a
  828  multijurisdictional authority. Projects selected by the water
  829  management districts are to be submitted to the department who
  830  shall be responsible for submission to the State Board of
  831  Administration.
  832         373.709 Regional water supply planning.—
  833         (1) The governing board of each water management district
  834  shall conduct water supply planning for any water supply
  835  planning region within the district identified in the
  836  appropriate district water supply plan under s. 373.036, where
  837  it determines that existing sources of water are not adequate to
  838  supply water for all existing and future reasonable-beneficial
  839  uses and to sustain the water resources and related natural
  840  systems for the planning period. The planning must be conducted
  841  in an open public process, in coordination and cooperation with
  842  local governments, regional water supply authorities,
  843  government-owned and privately owned water utilities,
  844  multijurisdictional water supply entities, self-suppliers, and
  845  other affected and interested parties. The districts shall
  846  actively engage in public education and outreach to all affected
  847  local entities and their officials, as well as members of the
  848  public, in the planning process and in seeking input. During
  849  preparation, but prior to completion of the regional water
  850  supply plan, the district must conduct at least one public
  851  workshop to discuss the technical data and modeling tools
  852  anticipated to be used to support the regional water supply
  853  plan. The district shall also hold several public meetings to
  854  communicate the status, overall conceptual intent, and impacts
  855  of the plan on existing and future reasonable-beneficial uses
  856  and related natural systems. During the planning process, a
  857  local government may choose to prepare its own water supply
  858  assessment to determine if existing water sources are adequate
  859  to meet existing and projected reasonable-beneficial needs of
  860  the local government while sustaining water resources and
  861  related natural systems. The local government shall submit such
  862  assessment, including the data and methodology used, to the
  863  district. The district shall consider the local government’s
  864  assessment during the formation of the plan. A determination by
  865  the governing board that initiation of a regional water supply
  866  plan for a specific planning region is not needed pursuant to
  867  this section shall be subject to s. 120.569. The governing board
  868  shall reevaluate such a determination at least once every 5
  869  years and shall initiate a regional water supply plan, if
  870  needed, pursuant to this subsection.
  871         (2) Each regional water supply plan shall be based on at
  872  least a 20-year planning period and shall include, but need not
  873  be limited to:
  874         (a) A water supply development component for each water
  875  supply planning region identified by the district which
  876  includes:
  877         1. A quantification of the water supply needs for all
  878  existing and future reasonable-beneficial uses within the
  879  planning horizon. The level-of-certainty planning goal
  880  associated with identifying the water supply needs of existing
  881  and future reasonable-beneficial uses shall be based upon
  882  meeting those needs for a 1-in-10-year drought event. Population
  883  projections used for determining public water supply needs must
  884  be based upon the best available data. In determining the best
  885  available data, the district shall consider the University of
  886  Florida’s Bureau of Economic and Business Research (BEBR) medium
  887  population projections and any population projection data and
  888  analysis submitted by a local government pursuant to the public
  889  workshop described in subsection (1) if the data and analysis
  890  support the local government’s comprehensive plan. Any
  891  adjustment of or deviation from the BEBR projections must be
  892  fully described, and the original BEBR data must be presented
  893  along with the adjusted data.
  894         2. A list of water supply development project options,
  895  including traditional and alternative water supply project
  896  options, from which local government, government-owned and
  897  privately owned utilities, regional water supply authorities,
  898  multijurisdictional water supply entities, self-suppliers, and
  899  others may choose for water supply development. In addition to
  900  projects listed by the district, such users may propose specific
  901  projects for inclusion in the list of alternative water supply
  902  projects. If such users propose a project to be listed as an
  903  alternative water supply project, the district shall determine
  904  whether it meets the goals of the plan, and, if so, it shall be
  905  included in the list. The total capacity of the projects
  906  included in the plan shall exceed the needs identified in
  907  subparagraph 1. and shall take into account water conservation
  908  and other demand management measures, as well as water resources
  909  constraints, including adopted minimum flows and levels and
  910  water reservations. Where the district determines it is
  911  appropriate, the plan should specifically identify the need for
  912  multijurisdictional approaches to project options that, based on
  913  planning level analysis, are appropriate to supply the intended
  914  uses and that, based on such analysis, appear to be permittable
  915  and financially and technically feasible. The list of water
  916  supply development options must contain provisions that
  917  recognize that alternative water supply options for agricultural
  918  self-suppliers are limited.
  919         3. For each project option identified in subparagraph 2.,
  920  the following shall be provided:
  921         a. An estimate of the amount of water to become available
  922  through the project.
  923         b. The timeframe in which the project option should be
  924  implemented and the estimated planning-level costs for capital
  925  investment and operating and maintaining the project.
  926         c. An analysis of funding needs and sources of possible
  927  funding options. For alternative water supply projects the water
  928  management districts shall provide funding assistance in
  929  accordance with s. 373.707(8).
  930         d. Identification of the entity that should implement each
  931  project option and the current status of project implementation.
  932         (b) A water resource development component that includes:
  933         1. A listing of those water resource development projects
  934  that support water supply development.
  935         2. For each water resource development project listed:
  936         a. An estimate of the amount of water to become available
  937  through the project.
  938         b. The timeframe in which the project option should be
  939  implemented and the estimated planning-level costs for capital
  940  investment and for operating and maintaining the project.
  941         c. An analysis of funding needs and sources of possible
  942  funding options.
  943         d. Identification of the entity that should implement each
  944  project option and the current status of project implementation.
  945         (c) The recovery and prevention strategy described in s.
  946  373.0421(2).
  947         (d) A funding strategy for water resource development
  948  projects, which shall be reasonable and sufficient to pay the
  949  cost of constructing or implementing all of the listed projects.
  950         (e) Consideration of how the project options addressed in
  951  paragraph (a) serve the public interest or save costs overall by
  952  preventing the loss of natural resources or avoiding greater
  953  future expenditures for water resource development or water
  954  supply development. However, unless adopted by rule, these
  955  considerations do not constitute final agency action.
  956         (f) The technical data and information applicable to each
  957  planning region which are necessary to support the regional
  958  water supply plan.
  959         (g) The minimum flows and levels established for water
  960  resources within each planning region.
  961         (h) Reservations of water adopted by rule pursuant to s.
  962  373.223(4) within each planning region.
  963         (i) Identification of surface waters or aquifers for which
  964  minimum flows and levels are scheduled to be adopted.
  965         (j) An analysis, developed in cooperation with the
  966  department, of areas or instances in which the variance
  967  provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to
  968  create water supply development or water resource development
  969  projects.
  970         (3) The water supply development component of a regional
  971  water supply plan which deals with or affects public utilities
  972  and public water supply for those areas served by a regional
  973  water supply authority and its member governments within the
  974  boundary of the Southwest Florida Water Management District
  975  shall be developed jointly by the authority and the district. In
  976  areas not served by regional water supply authorities, or other
  977  multijurisdictional water supply entities, and where
  978  opportunities exist to meet water supply needs more efficiently
  979  through multijurisdictional projects identified pursuant to
  980  paragraph (2)(a), water management districts are directed to
  981  assist in developing multijurisdictional approaches to water
  982  supply project development jointly with affected water
  983  utilities, special districts, and local governments.
  984         (4) The South Florida Water Management District shall
  985  include in its regional water supply plan water resource and
  986  water supply development projects that promote the elimination
  987  of wastewater ocean outfalls as provided in s. 403.086(9).
  988         (5) Governing board approval of a regional water supply
  989  plan shall not be subject to the rulemaking requirements of
  990  chapter 120. However, any portion of an approved regional water
  991  supply plan which affects the substantial interests of a party
  992  shall be subject to s. 120.569.
  993         (6) Annually and in conjunction with the reporting
  994  requirements of s. 373.536(6)(a)4., the department shall submit
  995  to the Governor and the Legislature a report on the status of
  996  regional water supply planning in each district. The report
  997  shall include:
  998         (a) A compilation of the estimated costs of and potential
  999  sources of funding for water resource development and water
 1000  supply development projects as identified in the water
 1001  management district regional water supply plans.
 1002         (b) The percentage and amount, by district, of district ad
 1003  valorem tax revenues or other district funds made available to
 1004  develop alternative water supplies.
 1005         (c) A description of each district’s progress toward
 1006  achieving its water resource development objectives, including
 1007  the district’s implementation of its 5-year water resource
 1008  development work program.
 1009         (d) An assessment of the specific progress being made to
 1010  implement each alternative water supply project option chosen by
 1011  the entities and identified for implementation in the plan.
 1012         (e) An overall assessment of the progress being made to
 1013  develop water supply in each district, including, but not
 1014  limited to, an explanation of how each project, either
 1015  alternative or traditional, will produce, contribute to, or
 1016  account for additional water being made available for
 1017  consumptive uses, an estimate of the quantity of water to be
 1018  produced by each project, and an assessment of the contribution
 1019  of the district’s regional water supply plan in providing
 1020  sufficient water to meet the needs of existing and future
 1021  reasonable-beneficial uses for a 1-in-10 year drought event, as
 1022  well as the needs of the natural systems.
 1023         (7) Nothing contained in the water supply development
 1024  component of a regional water supply plan shall be construed to
 1025  require local governments, government-owned or privately owned
 1026  water utilities, special districts, self-suppliers, regional
 1027  water supply authorities, multijurisdictional water supply
 1028  entities, or other water suppliers to select a water supply
 1029  development project identified in the component merely because
 1030  it is identified in the plan. Except as provided in s.
 1031  373.223(3) and (5), the plan may not be used in the review of
 1032  permits under part II of this chapter unless the plan or an
 1033  applicable portion thereof has been adopted by rule. However,
 1034  this subsection does not prohibit a water management district
 1035  from employing the data or other information used to establish
 1036  the plan in reviewing permits under part II, nor does it limit
 1037  the authority of the department or governing board under part
 1038  II.
 1039         (8) Where the water supply component of a water supply
 1040  planning region shows the need for one or more alternative water
 1041  supply projects, the district shall notify the affected local
 1042  governments and make every reasonable effort to educate and
 1043  involve local public officials in working toward solutions in
 1044  conjunction with the districts and, where appropriate, other
 1045  local and regional water supply entities.
 1046         (a) Within 6 months following approval or amendment of its
 1047  regional water supply plan, each water management district shall
 1048  notify by certified mail each entity identified in sub
 1049  subparagraph (2)(a)3.d. of that portion of the plan relevant to
 1050  the entity. Upon request of such an entity, the water management
 1051  district shall appear before and present its findings and
 1052  recommendations to the entity.
 1053         (b) Within 1 year after the notification by a water
 1054  management district pursuant to paragraph (a), each entity
 1055  identified in sub-subparagraph (2)(a)3.d. shall provide to the
 1056  water management district written notification of the following:
 1057  the alternative water supply projects or options identified in
 1058  paragraph (2)(a) which it has developed or intends to develop,
 1059  if any; an estimate of the quantity of water to be produced by
 1060  each project; and the status of project implementation,
 1061  including development of the financial plan, facilities master
 1062  planning, permitting, and efforts in coordinating
 1063  multijurisdictional projects, if applicable. The information
 1064  provided in the notification shall be updated annually, and a
 1065  progress report shall be provided by November 15 of each year to
 1066  the water management district. If an entity does not intend to
 1067  develop one or more of the alternative water supply project
 1068  options identified in the regional water supply plan, the entity
 1069  shall propose, within 1 year after notification by a water
 1070  management district pursuant to paragraph (a), another
 1071  alternative water supply project option sufficient to address
 1072  the needs identified in paragraph (2)(a) within the entity’s
 1073  jurisdiction and shall provide an estimate of the quantity of
 1074  water to be produced by the project and the status of project
 1075  implementation as described in this paragraph. The entity may
 1076  request that the water management district consider the other
 1077  project for inclusion in the regional water supply plan.
 1078         (9) For any regional water supply plan that is scheduled to
 1079  be updated before December 31, 2005, the deadline for such
 1080  update shall be extended by 1 year.
 1081         373.711 Technical assistance to local governments.—
 1082         (1) The water management districts shall assist local
 1083  governments in the development and future revision of local
 1084  government comprehensive plan elements or public facilities
 1085  report as required by s. 189.415, related to water resource
 1086  issues.
 1087         (2) By July 1, 1991, each water management district shall
 1088  prepare and provide information and data to assist local
 1089  governments in the preparation and implementation of their local
 1090  government comprehensive plans or public facilities report as
 1091  required by s. 189.415, whichever is applicable. Such
 1092  information and data shall include, but not be limited to:
 1093         (a) All information and data required in a public
 1094  facilities report pursuant to s. 189.415.
 1095         (b) A description of regulations, programs, and schedules
 1096  implemented by the district.
 1097         (c) Identification of regulations, programs, and schedules
 1098  undertaken or proposed by the district to further the State
 1099  Comprehensive Plan.
 1100         (d) A description of surface water basins, including
 1101  regulatory jurisdictions, flood-prone areas, existing and
 1102  projected water quality in water management district operated
 1103  facilities, as well as surface water runoff characteristics and
 1104  topography regarding flood plains, wetlands, and recharge areas.
 1105         (e) A description of groundwater characteristics, including
 1106  existing and planned wellfield sites, existing and anticipated
 1107  cones of influence, highly productive groundwater areas, aquifer
 1108  recharge areas, deep well injection zones, contaminated areas,
 1109  an assessment of regional water resource needs and sources for
 1110  the next 20 years, and water quality.
 1111         (f) The identification of existing and potential water
 1112  management district land acquisitions.
 1113         (g) Information reflecting the minimum flows for surface
 1114  watercourses to avoid harm to water resources or the ecosystem
 1115  and information reflecting the minimum water levels for aquifers
 1116  to avoid harm to water resources or the ecosystem.
 1117         373.713 Regional water supply authorities.—
 1118         (1) By interlocal agreement between counties,
 1119  municipalities, or special districts, as applicable, pursuant to
 1120  the Florida Interlocal Cooperation Act of 1969, s. 163.01, and
 1121  upon the approval of the Secretary of Environmental Protection
 1122  to ensure that such agreement will be in the public interest and
 1123  complies with the intent and purposes of this act, regional
 1124  water supply authorities may be created for the purpose of
 1125  developing, recovering, storing, and supplying water for county
 1126  or municipal purposes in such a manner as will give priority to
 1127  reducing adverse environmental effects of excessive or improper
 1128  withdrawals of water from concentrated areas. In approving said
 1129  agreement the Secretary of Environmental Protection shall
 1130  consider, but not be limited to, the following:
 1131         (a) Whether the geographic territory of the proposed
 1132  authority is of sufficient size and character to reduce the
 1133  environmental effects of improper or excessive withdrawals of
 1134  water from concentrated areas.
 1135         (b) The maximization of economic development of the water
 1136  resources within the territory of the proposed authority.
 1137         (c) The availability of a dependable and adequate water
 1138  supply.
 1139         (d) The ability of any proposed authority to design,
 1140  construct, operate, and maintain water supply facilities in the
 1141  locations, and at the times necessary, to ensure that an
 1142  adequate water supply will be available to all citizens within
 1143  the authority.
 1144         (e) The effect or impact of any proposed authority on any
 1145  municipality, county, or existing authority or authorities.
 1146         (f) The existing needs of the water users within the area
 1147  of the authority.
 1148         (2) In addition to other powers and duties agreed upon, and
 1149  notwithstanding the provisions of s. 163.01, such authority may:
 1150         (a) Upon approval of the electors residing in each county
 1151  or municipality within the territory to be included in any
 1152  authority, levy ad valorem taxes, not to exceed 0.5 mill,
 1153  pursuant to s. 9(b), Art. VII of the State Constitution. No tax
 1154  authorized by this paragraph shall be levied in any county or
 1155  municipality without an affirmative vote of the electors
 1156  residing in such county or municipality.
 1157         (b) Acquire water and water rights; develop, store, and
 1158  transport water; provide, sell, and deliver water for county or
 1159  municipal uses and purposes; and provide for the furnishing of
 1160  such water and water service upon terms and conditions and at
 1161  rates which will apportion to parties and nonparties an
 1162  equitable share of the capital cost and operating expense of the
 1163  authority’s work to the purchaser.
 1164         (c) Collect, treat, and recover wastewater.
 1165         (d) Not engage in local distribution.
 1166         (e) Exercise the power of eminent domain in the manner
 1167  provided by law for the condemnation of private property for
 1168  public use to acquire title to such interest in real property as
 1169  is necessary to the exercise of the powers herein granted,
 1170  except water and water rights already devoted to reasonable and
 1171  beneficial use or any water production or transmission
 1172  facilities owned by any county or municipality.
 1173         (f) Issue revenue bonds in the manner prescribed by the
 1174  Revenue Bond Act of 1953, as amended, part I, chapter 159, to be
 1175  payable solely from funds derived from the sale of water by the
 1176  authority to any county or municipality. Such bonds may be
 1177  additionally secured by the full faith and credit of any county
 1178  or municipality, as provided by s. 159.16 or by a pledge of
 1179  excise taxes, as provided by s. 159.19. For the purpose of
 1180  issuing revenue bonds, an authority shall be considered a “unit”
 1181  as defined in s. 159.02(2) and as that term is used in the
 1182  Revenue Bond Act of 1953, as amended. Such bonds may be issued
 1183  to finance the cost of acquiring properties and facilities for
 1184  the production and transmission of water by the authority to any
 1185  county or municipality, which cost shall include the acquisition
 1186  of real property and easements therein for such purposes. Such
 1187  bonds may be in the form of refunding bonds to take up any
 1188  outstanding bonds of the authority or of any county or
 1189  municipality where such outstanding bonds are secured by
 1190  properties and facilities for production and transmission of
 1191  water, which properties and facilities are being acquired by the
 1192  authority. Refunding bonds may be issued to take up and refund
 1193  all outstanding bonds of said authority that are subject to call
 1194  and termination, and all bonds of said authority that are not
 1195  subject to call or redemption, when the surrender of said bonds
 1196  can be procured from the holder thereof at prices satisfactory
 1197  to the authority. Such refunding bonds may be issued at any time
 1198  when, in the judgment of the authority, it will be to the best
 1199  interest of the authority financially or economically by
 1200  securing a lower rate of interest on said bonds or by extending
 1201  the time of maturity of said bonds or, for any other reason, in
 1202  the judgment of the authority, advantageous to said authority.
 1203         (g) Sue and be sued in its own name.
 1204         (h) Borrow money and incur indebtedness and issue bonds or
 1205  other evidence of such indebtedness.
 1206         (i) Join with one or more other public corporations for the
 1207  purpose of carrying out any of its powers and for that purpose
 1208  to contract with such other public corporation or corporations
 1209  for the purpose of financing such acquisitions, construction,
 1210  and operations. Such contracts may provide for contributions to
 1211  be made by each party thereto, for the division and
 1212  apportionment of the expenses of such acquisitions and
 1213  operations, and for the division and apportionment of the
 1214  benefits, services, and products therefrom. Such contract may
 1215  contain such other and further covenants and agreements as may
 1216  be necessary and convenient to accomplish the purposes hereof.
 1217         (3) A regional water supply authority is authorized to
 1218  develop, construct, operate, maintain, or contract for
 1219  alternative sources of potable water, including desalinated
 1220  water, and pipelines to interconnect authority sources and
 1221  facilities, either by itself or jointly with a water management
 1222  district; however, such alternative potable water sources,
 1223  facilities, and pipelines may also be privately developed,
 1224  constructed, owned, operated, and maintained, in which event an
 1225  authority and a water management district are authorized to
 1226  pledge and contribute their funds to reduce the wholesale cost
 1227  of water from such alternative sources of potable water supplied
 1228  by an authority to its member governments.
 1229         (4) When it is found to be in the public interest, for the
 1230  public convenience and welfare, for a public benefit, and
 1231  necessary for carrying out the purpose of any regional water
 1232  supply authority, any state agency, county, water control
 1233  district existing pursuant to chapter 298, water management
 1234  district existing pursuant to this chapter, municipality,
 1235  governmental agency, or public corporation in this state holding
 1236  title to any interest in land is hereby authorized, in its
 1237  discretion, to convey the title to or dedicate land, title to
 1238  which is in such entity, including tax-reverted land, or to
 1239  grant use-rights therein, to any regional water supply authority
 1240  created pursuant to this section. Land granted or conveyed to
 1241  such authority shall be for the public purposes of such
 1242  authority and may be made subject to the condition that in the
 1243  event said land is not so used, or if used and subsequently its
 1244  use for said purpose is abandoned, the interest granted shall
 1245  cease as to such authority and shall automatically revert to the
 1246  granting entity.
 1247         (5) Each county, special district, or municipality that is
 1248  a party to an agreement pursuant to subsection (1) shall have a
 1249  preferential right to purchase water from the regional water
 1250  supply authority for use by such county, special district, or
 1251  municipality.
 1252         (6) In carrying out the provisions of this section, any
 1253  county wherein water is withdrawn by the authority shall not be
 1254  deprived, directly or indirectly, of the prior right to the
 1255  reasonable and beneficial use of water which is required
 1256  adequately to supply the reasonable and beneficial needs of the
 1257  county or any of the inhabitants or property owners therein.
 1258         (7) Upon a resolution adopted by the governing body of any
 1259  county or municipality, the authority may, subject to a majority
 1260  vote of its voting members, include such county or municipality
 1261  in its regional water supply authority upon such terms and
 1262  conditions as may be prescribed.
 1263         (8) The authority shall design, construct, operate, and
 1264  maintain facilities in the locations and at the times necessary
 1265  to ensure that an adequate water supply will be available to all
 1266  citizens within the authority.
 1267         (9) Where a water supply authority exists pursuant to this
 1268  section or s. 373.715 under a voluntary interlocal agreement
 1269  that is consistent with requirements in s. 373.715(1)(b) and
 1270  receives or maintains consumptive use permits under this
 1271  voluntary agreement consistent with the water supply plan, if
 1272  any, adopted by the governing board, such authority shall be
 1273  exempt from consideration by the governing board or department
 1274  of the factors specified in s. 373.223(3)(a)-(g) and the
 1275  submissions required by s. 373.229(3). Such exemptions shall
 1276  apply only to water sources within the jurisdictional areas of
 1277  such voluntary water supply interlocal agreements.
 1278         373.715 Assistance to West Coast Regional Water Supply
 1279  Authority.—
 1280         (1) It is the intent of the Legislature to authorize the
 1281  implementation of changes in governance recommended by the West
 1282  Coast Regional Water Supply Authority in its reports to the
 1283  Legislature dated February 1, 1997, and January 5, 1998. The
 1284  authority and its member governments may reconstitute the
 1285  authority’s governance and rename the authority under a
 1286  voluntary interlocal agreement with a term of not less than 20
 1287  years. The interlocal agreement must comply with this subsection
 1288  as follows:
 1289         (a) The authority and its member governments agree that
 1290  cooperative efforts are mandatory to meet their water needs in a
 1291  manner that will provide adequate and dependable supplies of
 1292  water where needed without resulting in adverse environmental
 1293  effects upon the areas from which the water is withdrawn or
 1294  otherwise produced.
 1295         (b) In accordance with s. 4, Art. VIII of the State
 1296  Constitution and notwithstanding s. 163.01, the interlocal
 1297  agreement may include the following terms, which are considered
 1298  approved by the parties without a vote of their electors, upon
 1299  execution of the interlocal agreement by all member governments
 1300  and upon satisfaction of all conditions precedent in the
 1301  interlocal agreement:
 1302         1. All member governments shall relinquish to the authority
 1303  their individual rights to develop potable water supply sources,
 1304  except as otherwise provided in the interlocal agreement;
 1305         2. The authority shall be the sole and exclusive wholesale
 1306  potable water supplier for all member governments; and
 1307         3. The authority shall have the absolute and unequivocal
 1308  obligation to meet the wholesale needs of the member governments
 1309  for potable water.
 1310         4. A member government may not restrict or prohibit the use
 1311  of land within a member’s jurisdictional boundaries by the
 1312  authority for water supply purposes through use of zoning, land
 1313  use, comprehensive planning, or other form of regulation.
 1314         5. A member government may not impose any tax, fee, or
 1315  charge upon the authority in conjunction with the production or
 1316  supply of water not otherwise provided for in the interlocal
 1317  agreement.
 1318         6. The authority may use the powers provided in part II of
 1319  chapter 159 for financing and refinancing water treatment,
 1320  production, or transmission facilities, including, but not
 1321  limited to, desalinization facilities. All such water treatment,
 1322  production, or transmission facilities are considered a
 1323  “manufacturing plant” for purposes of s. 159.27(5) and serve a
 1324  paramount public purpose by providing water to citizens of the
 1325  state.
 1326         7. A member government and any governmental or quasi
 1327  judicial board or commission established by local ordinance or
 1328  general or special law where the governing membership of such
 1329  board or commission is shared, in whole or in part, or appointed
 1330  by a member government agreeing to be bound by the interlocal
 1331  agreement shall be limited to the procedures set forth therein
 1332  regarding actions that directly or indirectly restrict or
 1333  prohibit the use of lands or other activities related to the
 1334  production or supply of water.
 1335         (c) The authority shall acquire full or lesser interests in
 1336  all regionally significant member government wholesale water
 1337  supply facilities and tangible assets and each member government
 1338  shall convey such interests in the facilities and assets to the
 1339  authority, at an agreed value.
 1340         (d) The authority shall charge a uniform per gallon
 1341  wholesale rate to member governments for the wholesale supply of
 1342  potable water. All capital, operation, maintenance, and
 1343  administrative costs for existing facilities and acquired
 1344  facilities, authority master water plan facilities, and other
 1345  future projects must be allocated to member governments based on
 1346  water usage at the uniform per gallon wholesale rate.
 1347         (e) The interlocal agreement may include procedures for
 1348  resolving the parties’ differences regarding water management
 1349  district proposed agency action in the water use permitting
 1350  process within the authority. Such procedures should minimize
 1351  the potential for litigation and include alternative dispute
 1352  resolution. Any governmental or quasi-judicial board or
 1353  commission established by local ordinance or general or special
 1354  law where the governing members of such board or commission is
 1355  shared, in whole or in part, or appointed by a member
 1356  government, may agree to be bound by the dispute resolution
 1357  procedures set forth in the interlocal agreement.
 1358         (f) Upon execution of the voluntary interlocal agreement
 1359  provided for herein, the authority shall jointly develop with
 1360  the Southwest Florida Water Management District alternative
 1361  sources of potable water and transmission pipelines to
 1362  interconnect regionally significant water supply sources and
 1363  facilities of the authority in amounts sufficient to meet the
 1364  needs of all member governments for a period of at least 20
 1365  years and for natural systems. Nothing herein, however, shall
 1366  preclude the authority and its member governments from
 1367  developing traditional water sources pursuant to the voluntary
 1368  interlocal agreement. Development and construction costs for
 1369  alternative source facilities, which may include a desalination
 1370  facility and significant regional interconnects, must be borne
 1371  as mutually agreed to by both the authority and the Southwest
 1372  Florida Water Management District. Nothing herein shall preclude
 1373  authority or district cost sharing with private entities for the
 1374  construction or ownership of alternative source facilities. By
 1375  December 31, 1997, the authority and the Southwest Florida Water
 1376  Management District shall enter into a mutually acceptable
 1377  agreement detailing the development and implementation of
 1378  directives contained in this paragraph. Nothing in this section
 1379  shall be construed to modify the rights or responsibilities of
 1380  the authority or its member governments, except as otherwise
 1381  provided herein, or of the Southwest Florida Water Management
 1382  District or the department pursuant to this chapter or chapter
 1383  403 and as otherwise set forth by statutes.
 1384         (g) Unless otherwise provided in the interlocal agreement,
 1385  the authority shall be governed by a board of commissioners
 1386  consisting of nine voting members, all of whom must be elected
 1387  officers, as follows:
 1388         1. Three members from Hillsborough County who must be
 1389  selected by the county commission; provided, however, that one
 1390  member shall be selected by the Mayor of Tampa in the event that
 1391  the City of Tampa elects to be a member of the authority;
 1392         2. Three members from Pasco County, two of whom must be
 1393  selected by the county commission and one of whom must be
 1394  selected by the City Council of New Port Richey; and
 1395         3. Three members from Pinellas County, two of whom must be
 1396  selected by the county commission and one of whom must be
 1397  selected by the City Council of St. Petersburg.
 1398  
 1399  Except as otherwise provided in this section or in the voluntary
 1400  interlocal agreement between the member governments, a majority
 1401  vote shall bind the authority and its member governments in all
 1402  matters relating to the funding of wholesale water supply,
 1403  production, delivery, and related activities.
 1404         (2) The provisions of this section supersede any
 1405  conflicting provisions contained in all other general or special
 1406  laws or provisions thereof as they may apply directly or
 1407  indirectly to the exclusivity of water supply or withdrawal of
 1408  water, including provisions relating to the environmental
 1409  effects, if any, in conjunction with the production and supply
 1410  of potable water, and the provisions of this section are
 1411  intended to be a complete revision of all laws related to a
 1412  regional water supply authority created under s. 373.713 and
 1413  this section.
 1414         (3) In lieu of the provisions in s. 373.713(2)(a), the
 1415  Southwest Florida Water Management District shall assist the
 1416  West Coast Regional Water Supply Authority for a period of 5
 1417  years, terminating December 31, 1981, by levying an ad valorem
 1418  tax, upon request of the authority, of not more than 0.05 mill
 1419  on all taxable property within the limits of the authority.
 1420  During such period the corresponding basin board ad valorem tax
 1421  levies shall be reduced accordingly.
 1422         (4) The authority shall prepare its annual budget in the
 1423  same manner as prescribed for the preparation of basin budgets,
 1424  but such authority budget shall not be subject to review by the
 1425  respective basin boards or by the governing board of the
 1426  district.
 1427         (5) The annual millage for the authority shall be the
 1428  amount required to raise the amount called for by the annual
 1429  budget when applied to the total assessment on all taxable
 1430  property within the limits of the authority, as determined for
 1431  county taxing purposes.
 1432         (6) The authority may, by resolution, request the governing
 1433  board of the district to levy ad valorem taxes within the
 1434  boundaries of the authority. Upon receipt of such request,
 1435  together with formal certification of the adoption of its annual
 1436  budget and of the required tax levy, the authority tax levy
 1437  shall be made by the governing board of the district to finance
 1438  authority functions.
 1439         (7) The taxes provided for in this section shall be
 1440  extended by the property appraiser on the county tax roll in
 1441  each county within, or partly within, the authority boundaries
 1442  and shall be collected by the tax collector in the same manner
 1443  and time as county taxes, and the proceeds therefrom paid to the
 1444  district which shall forthwith pay them over to the authority.
 1445  Until paid, such taxes shall be a lien on the property against
 1446  which assessed and enforceable in like manner as county taxes.
 1447  The property appraisers, tax collectors, and clerks of the
 1448  circuit court of the respective counties shall be entitled to
 1449  compensation for services performed in connection with such
 1450  taxes at the same rates as apply to county taxes.
 1451         (8) The governing board of the district shall not be
 1452  responsible for any actions or lack of actions by the authority.
 1453         Section 2. Subsection (13) of section 120.52, Florida
 1454  Statutes, is amended to read:
 1455         120.52 Definitions.—As used in this act:
 1456         (13) “Party” means:
 1457         (a) Specifically named persons whose substantial interests
 1458  are being determined in the proceeding.
 1459         (b) Any other person who, as a matter of constitutional
 1460  right, provision of statute, or provision of agency regulation,
 1461  is entitled to participate in whole or in part in the
 1462  proceeding, or whose substantial interests will be affected by
 1463  proposed agency action, and who makes an appearance as a party.
 1464         (c) Any other person, including an agency staff member,
 1465  allowed by the agency to intervene or participate in the
 1466  proceeding as a party. An agency may by rule authorize limited
 1467  forms of participation in agency proceedings for persons who are
 1468  not eligible to become parties.
 1469         (d) Any county representative, agency, department, or unit
 1470  funded and authorized by state statute or county ordinance to
 1471  represent the interests of the consumers of a county, when the
 1472  proceeding involves the substantial interests of a significant
 1473  number of residents of the county and the board of county
 1474  commissioners has, by resolution, authorized the representative,
 1475  agency, department, or unit to represent the class of interested
 1476  persons. The authorizing resolution shall apply to a specific
 1477  proceeding and to appeals and ancillary proceedings thereto, and
 1478  it shall not be required to state the names of the persons whose
 1479  interests are to be represented.
 1480  
 1481  The term “party” does not include a member government of a
 1482  regional water supply authority or a governmental or quasi
 1483  judicial board or commission established by local ordinance or
 1484  special or general law where the governing membership of such
 1485  board or commission is shared with, in whole or in part, or
 1486  appointed by a member government of a regional water supply
 1487  authority in proceedings under s. 120.569, s. 120.57, or s.
 1488  120.68, to the extent that an interlocal agreement under ss.
 1489  163.01 and 373.713 373.1962 exists in which the member
 1490  government has agreed that its substantial interests are not
 1491  affected by the proceedings or that it is to be bound by
 1492  alternative dispute resolution in lieu of participating in the
 1493  proceedings. This exclusion applies only to those particular
 1494  types of disputes or controversies, if any, identified in an
 1495  interlocal agreement.
 1496         Section 3. Subsection (13) of section 163.3167, Florida
 1497  Statutes, is amended to read:
 1498         163.3167 Scope of act.—
 1499         (13) Each local government shall address in its
 1500  comprehensive plan, as enumerated in this chapter, the water
 1501  supply sources necessary to meet and achieve the existing and
 1502  projected water use demand for the established planning period,
 1503  considering the applicable plan developed pursuant to s. 373.709
 1504  373.0361.
 1505         Section 4. Paragraph (a) of subsection (4) and paragraphs
 1506  (c), (d), and (h) of subsection (6) of section 163.3177, Florida
 1507  Statutes, are amended to read:
 1508         163.3177 Required and optional elements of comprehensive
 1509  plan; studies and surveys.—
 1510         (4)(a) Coordination of the local comprehensive plan with
 1511  the comprehensive plans of adjacent municipalities, the county,
 1512  adjacent counties, or the region; with the appropriate water
 1513  management district’s regional water supply plans approved
 1514  pursuant to s. 373.709 373.0361; with adopted rules pertaining
 1515  to designated areas of critical state concern; and with the
 1516  state comprehensive plan shall be a major objective of the local
 1517  comprehensive planning process. To that end, in the preparation
 1518  of a comprehensive plan or element thereof, and in the
 1519  comprehensive plan or element as adopted, the governing body
 1520  shall include a specific policy statement indicating the
 1521  relationship of the proposed development of the area to the
 1522  comprehensive plans of adjacent municipalities, the county,
 1523  adjacent counties, or the region and to the state comprehensive
 1524  plan, as the case may require and as such adopted plans or plans
 1525  in preparation may exist.
 1526         (6) In addition to the requirements of subsections (1)-(5)
 1527  and (12), the comprehensive plan shall include the following
 1528  elements:
 1529         (c) A general sanitary sewer, solid waste, drainage,
 1530  potable water, and natural groundwater aquifer recharge element
 1531  correlated to principles and guidelines for future land use,
 1532  indicating ways to provide for future potable water, drainage,
 1533  sanitary sewer, solid waste, and aquifer recharge protection
 1534  requirements for the area. The element may be a detailed
 1535  engineering plan including a topographic map depicting areas of
 1536  prime groundwater recharge. The element shall describe the
 1537  problems and needs and the general facilities that will be
 1538  required for solution of the problems and needs. The element
 1539  shall also include a topographic map depicting any areas adopted
 1540  by a regional water management district as prime groundwater
 1541  recharge areas for the Floridan or Biscayne aquifers. These
 1542  areas shall be given special consideration when the local
 1543  government is engaged in zoning or considering future land use
 1544  for said designated areas. For areas served by septic tanks,
 1545  soil surveys shall be provided which indicate the suitability of
 1546  soils for septic tanks. Within 18 months after the governing
 1547  board approves an updated regional water supply plan, the
 1548  element must incorporate the alternative water supply project or
 1549  projects selected by the local government from those identified
 1550  in the regional water supply plan pursuant to s. 373.709(2)(a)
 1551  373.0361(2)(a) or proposed by the local government under s.
 1552  373.709(8)(b) 373.0361(8)(b). If a local government is located
 1553  within two water management districts, the local government
 1554  shall adopt its comprehensive plan amendment within 18 months
 1555  after the later updated regional water supply plan. The element
 1556  must identify such alternative water supply projects and
 1557  traditional water supply projects and conservation and reuse
 1558  necessary to meet the water needs identified in s. 373.709(2)(a)
 1559  373.0361(2)(a) within the local government’s jurisdiction and
 1560  include a work plan, covering at least a 10 year planning
 1561  period, for building public, private, and regional water supply
 1562  facilities, including development of alternative water supplies,
 1563  which are identified in the element as necessary to serve
 1564  existing and new development. The work plan shall be updated, at
 1565  a minimum, every 5 years within 18 months after the governing
 1566  board of a water management district approves an updated
 1567  regional water supply plan. Amendments to incorporate the work
 1568  plan do not count toward the limitation on the frequency of
 1569  adoption of amendments to the comprehensive plan. Local
 1570  governments, public and private utilities, regional water supply
 1571  authorities, special districts, and water management districts
 1572  are encouraged to cooperatively plan for the development of
 1573  multijurisdictional water supply facilities that are sufficient
 1574  to meet projected demands for established planning periods,
 1575  including the development of alternative water sources to
 1576  supplement traditional sources of groundwater and surface water
 1577  supplies.
 1578         (d) A conservation element for the conservation, use, and
 1579  protection of natural resources in the area, including air,
 1580  water, water recharge areas, wetlands, waterwells, estuarine
 1581  marshes, soils, beaches, shores, flood plains, rivers, bays,
 1582  lakes, harbors, forests, fisheries and wildlife, marine habitat,
 1583  minerals, and other natural and environmental resources,
 1584  including factors that affect energy conservation. Local
 1585  governments shall assess their current, as well as projected,
 1586  water needs and sources for at least a 10-year period,
 1587  considering the appropriate regional water supply plan approved
 1588  pursuant to s. 373.709 373.0361, or, in the absence of an
 1589  approved regional water supply plan, the district water
 1590  management plan approved pursuant to s. 373.036(2). This
 1591  information shall be submitted to the appropriate agencies. The
 1592  land use map or map series contained in the future land use
 1593  element shall generally identify and depict the following:
 1594         1. Existing and planned waterwells and cones of influence
 1595  where applicable.
 1596         2. Beaches and shores, including estuarine systems.
 1597         3. Rivers, bays, lakes, flood plains, and harbors.
 1598         4. Wetlands.
 1599         5. Minerals and soils.
 1600         6. Energy conservation.
 1601  
 1602  The land uses identified on such maps shall be consistent with
 1603  applicable state law and rules.
 1604         (h)1. An intergovernmental coordination element showing
 1605  relationships and stating principles and guidelines to be used
 1606  in the accomplishment of coordination of the adopted
 1607  comprehensive plan with the plans of school boards, regional
 1608  water supply authorities, and other units of local government
 1609  providing services but not having regulatory authority over the
 1610  use of land, with the comprehensive plans of adjacent
 1611  municipalities, the county, adjacent counties, or the region,
 1612  with the state comprehensive plan and with the applicable
 1613  regional water supply plan approved pursuant to s. 373.709
 1614  373.0361, as the case may require and as such adopted plans or
 1615  plans in preparation may exist. This element of the local
 1616  comprehensive plan shall demonstrate consideration of the
 1617  particular effects of the local plan, when adopted, upon the
 1618  development of adjacent municipalities, the county, adjacent
 1619  counties, or the region, or upon the state comprehensive plan,
 1620  as the case may require.
 1621         a. The intergovernmental coordination element shall provide
 1622  procedures to identify and implement joint planning areas,
 1623  especially for the purpose of annexation, municipal
 1624  incorporation, and joint infrastructure service areas.
 1625         b. The intergovernmental coordination element shall provide
 1626  for recognition of campus master plans prepared pursuant to s.
 1627  1013.30 and airport master plans under paragraph(k).
 1628         c. The intergovernmental coordination element shall provide
 1629  for a dispute resolution process as established pursuant to s.
 1630  186.509 for bringing to closure in a timely manner
 1631  intergovernmental disputes.
 1632         d. The intergovernmental coordination element shall provide
 1633  for interlocal agreements as established pursuant to s.
 1634  333.03(1)(b).
 1635         2. The intergovernmental coordination element shall further
 1636  state principles and guidelines to be used in the accomplishment
 1637  of coordination of the adopted comprehensive plan with the plans
 1638  of school boards and other units of local government providing
 1639  facilities and services but not having regulatory authority over
 1640  the use of land. In addition, the intergovernmental coordination
 1641  element shall describe joint processes for collaborative
 1642  planning and decisionmaking on population projections and public
 1643  school siting, the location and extension of public facilities
 1644  subject to concurrency, and siting facilities with countywide
 1645  significance, including locally unwanted land uses whose nature
 1646  and identity are established in an agreement. Within 1 year of
 1647  adopting their intergovernmental coordination elements, each
 1648  county, all the municipalities within that county, the district
 1649  school board, and any unit of local government service providers
 1650  in that county shall establish by interlocal or other formal
 1651  agreement executed by all affected entities, the joint processes
 1652  described in this subparagraph consistent with their adopted
 1653  intergovernmental coordination elements.
 1654         3. To foster coordination between special districts and
 1655  local general-purpose governments as local general-purpose
 1656  governments implement local comprehensive plans, each
 1657  independent special district must submit a public facilities
 1658  report to the appropriate local government as required by s.
 1659  189.415.
 1660         4.a. Local governments shall execute an interlocal
 1661  agreement with the district school board, the county, and
 1662  nonexempt municipalities pursuant to s. 163.31777. The local
 1663  government shall amend the intergovernmental coordination
 1664  element to provide that coordination between the local
 1665  government and school board is pursuant to the agreement and
 1666  shall state the obligations of the local government under the
 1667  agreement.
 1668         b. Plan amendments that comply with this subparagraph are
 1669  exempt from the provisions of s. 163.3187(1).
 1670         5. The state land planning agency shall establish a
 1671  schedule for phased completion and transmittal of plan
 1672  amendments to implement subparagraphs 1., 2., and 3. from all
 1673  jurisdictions so as to accomplish their adoption by December 31,
 1674  1999. A local government may complete and transmit its plan
 1675  amendments to carry out these provisions prior to the scheduled
 1676  date established by the state land planning agency. The plan
 1677  amendments are exempt from the provisions of s. 163.3187(1).
 1678         6. By January 1, 2004, any county having a population
 1679  greater than 100,000, and the municipalities and special
 1680  districts within that county, shall submit a report to the
 1681  Department of Community Affairs which:
 1682         a. Identifies all existing or proposed interlocal service
 1683  delivery agreements regarding the following: education; sanitary
 1684  sewer; public safety; solid waste; drainage; potable water;
 1685  parks and recreation; and transportation facilities.
 1686         b. Identifies any deficits or duplication in the provision
 1687  of services within its jurisdiction, whether capital or
 1688  operational. Upon request, the Department of Community Affairs
 1689  shall provide technical assistance to the local governments in
 1690  identifying deficits or duplication.
 1691         7. Within 6 months after submission of the report, the
 1692  Department of Community Affairs shall, through the appropriate
 1693  regional planning council, coordinate a meeting of all local
 1694  governments within the regional planning area to discuss the
 1695  reports and potential strategies to remedy any identified
 1696  deficiencies or duplications.
 1697         8. Each local government shall update its intergovernmental
 1698  coordination element based upon the findings in the report
 1699  submitted pursuant to subparagraph 6. The report may be used as
 1700  supporting data and analysis for the intergovernmental
 1701  coordination element.
 1702         Section 5. Paragraph (l) of subsection (2) of section
 1703  163.3191, Florida Statutes, is amended to read:
 1704         163.3191 Evaluation and appraisal of comprehensive plan.—
 1705         (2) The report shall present an evaluation and assessment
 1706  of the comprehensive plan and shall contain appropriate
 1707  statements to update the comprehensive plan, including, but not
 1708  limited to, words, maps, illustrations, or other media, related
 1709  to:
 1710         (l) The extent to which the local government has been
 1711  successful in identifying alternative water supply projects and
 1712  traditional water supply projects, including conservation and
 1713  reuse, necessary to meet the water needs identified in s.
 1714  373.709(2)(a) 373.0361(2)(a) within the local government’s
 1715  jurisdiction. The report must evaluate the degree to which the
 1716  local government has implemented the work plan for building
 1717  public, private, and regional water supply facilities, including
 1718  development of alternative water supplies, identified in the
 1719  element as necessary to serve existing and new development.
 1720         Section 6. Paragraphs (c) and (d) of subsection (4) of
 1721  section 189.404, Florida Statutes, are amended to read:
 1722         189.404 Legislative intent for the creation of independent
 1723  special districts; special act prohibitions; model elements and
 1724  other requirements; general-purpose local government/Governor
 1725  and Cabinet creation authorizations.—
 1726         (4) LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION
 1727  AUTHORIZATIONS.—Except as otherwise authorized by general law,
 1728  only the Legislature may create independent special districts.
 1729         (c) The Governor and Cabinet may create an independent
 1730  special district which shall be established by rule in
 1731  accordance with s. 190.005 or as otherwise authorized in general
 1732  law. The Governor and Cabinet may also approve the establishment
 1733  of a charter for the creation of an independent special district
 1734  which shall be in accordance with s. 373.713 373.1962, or as
 1735  otherwise authorized in general law.
 1736         (d)1. Any combination of two or more counties may create a
 1737  regional special district which shall be established in
 1738  accordance with s. 950.001, or as otherwise authorized in
 1739  general law.
 1740         2. Any combination of two or more counties or
 1741  municipalities may create a regional special district which
 1742  shall be established in accordance with s. 373.713 373.1962, or
 1743  as otherwise authorized by general law.
 1744         3. Any combination of two or more counties, municipalities,
 1745  or other political subdivisions may create a regional special
 1746  district in accordance with s. 163.567, or as otherwise
 1747  authorized in general law.
 1748         Section 7. Subsection (3) of section 189.4155, Florida
 1749  Statutes, is amended to read:
 1750         189.4155 Activities of special districts; local government
 1751  comprehensive planning.—
 1752         (3) The provisions of this section shall not apply to water
 1753  management districts created pursuant to s. 373.069, to regional
 1754  water supply authorities created pursuant to s. 373.713
 1755  373.1962, or to spoil disposal sites owned or used by the
 1756  Federal Government.
 1757         Section 8. Section 189.4156, Florida Statutes, is amended
 1758  to read:
 1759         189.4156 Water management district technical assistance;
 1760  local government comprehensive planning.—Water management
 1761  districts shall assist local governments in the development of
 1762  local government comprehensive plan elements related to water
 1763  resource issues as required by s. 373.711 373.0391.
 1764         Section 9. Subsection (7) of section 367.021, Florida
 1765  Statutes, is amended to read:
 1766         367.021 Definitions.—As used in this chapter, the following
 1767  words or terms shall have the meanings indicated:
 1768         (7) “Governmental authority” means a political subdivision,
 1769  as defined by s. 1.01(8), a regional water supply authority
 1770  created pursuant to s. 373.713 373.1962, or a nonprofit
 1771  corporation formed for the purpose of acting on behalf of a
 1772  political subdivision with respect to a water or wastewater
 1773  facility.
 1774         Section 10. Subsections (1) and (17) of section 373.019,
 1775  Florida Statutes, are amended to read:
 1776         373.019 Definitions.—When appearing in this chapter or in
 1777  any rule, regulation, or order adopted pursuant thereto, the
 1778  term:
 1779         (1) “Alternative water supplies” means salt water; brackish
 1780  surface and groundwater; surface water captured predominately
 1781  during wet-weather flows; sources made available through the
 1782  addition of new storage capacity for surface or groundwater,
 1783  water that has been reclaimed after one or more public supply,
 1784  municipal, industrial, commercial, or agricultural uses; the
 1785  downstream augmentation of water bodies with reclaimed water;
 1786  stormwater; quantifiable water savings from water conservation
 1787  projects; and any other water supply source that is designated
 1788  as nontraditional for a water supply planning region in the
 1789  applicable regional water supply plan.
 1790         (17) “Regional water supply plan” means a detailed water
 1791  supply plan developed by a governing board under s. 373.709 s.
 1792  373.0361.
 1793         Section 11. Paragraph (b) of subsection (2) and paragraph
 1794  (b) of subsection (7) of section 373.036, Florida Statutes, are
 1795  amended to read:
 1796         373.036 Florida water plan; district water management
 1797  plans.—
 1798         (2) DISTRICT WATER MANAGEMENT PLANS.—
 1799         (b) The district water management plan shall include, but
 1800  not be limited to:
 1801         1. The scientific methodologies for establishing minimum
 1802  flows and levels under s. 373.042, and all established minimum
 1803  flows and levels.
 1804         2. Identification of one or more water supply planning
 1805  regions that singly or together encompass the entire district.
 1806         3. Technical data and information prepared under s. 373.711
 1807  373.0391.
 1808         4. A districtwide water supply assessment, to be completed
 1809  no later than July 1, 1998, which determines for each water
 1810  supply planning region:
 1811         a. Existing legal uses, reasonably anticipated future
 1812  needs, and existing and reasonably anticipated sources of water
 1813  and conservation efforts; and
 1814         b. Whether existing and reasonably anticipated sources of
 1815  water and conservation efforts are adequate to supply water for
 1816  all existing legal uses and reasonably anticipated future needs
 1817  and to sustain the water resources and related natural systems.
 1818         5. Any completed regional water supply plans.
 1819         (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.—
 1820         (b) The consolidated annual report shall contain the
 1821  following elements, as appropriate to that water management
 1822  district:
 1823         1. A district water management plan annual report or the
 1824  annual work plan report allowed in subparagraph (2)(e)4.
 1825         2. The department-approved minimum flows and levels annual
 1826  priority list and schedule required by s. 373.042(2).
 1827         3. The annual 5-year capital improvements plan required by
 1828  s. 373.536(6)(a)3.
 1829         4. The alternative water supplies annual report required by
 1830  s. 373.707(8)(n) 373.1961(3)(n).
 1831         5. The final annual 5-year water resource development work
 1832  program required by s. 373.536(6)(a)4.
 1833         6. The Florida Forever Water Management District Work Plan
 1834  annual report required by s. 373.199(7).
 1835         7. The mitigation donation annual report required by s.
 1836  373.414(1)(b)2.
 1837         Section 12. Paragraphs (a) and (e) of subsection (4) of
 1838  section 373.0363, Florida Statutes, are amended to read:
 1839         373.0363 Southern Water Use Caution Area Recovery
 1840  Strategy.—
 1841         (4) The West-Central Florida Water Restoration Action Plan
 1842  includes:
 1843         (a) The Central West Coast Surface Water Enhancement
 1844  Initiative. The purpose of this initiative is to make additional
 1845  surface waters available for public supply through restoration
 1846  of surface waters, natural water flows, and freshwater wetland
 1847  communities. This initiative is designed to allow limits on
 1848  groundwater withdrawals in order to slow the rate of saltwater
 1849  intrusion. The initiative shall be an ongoing program in
 1850  cooperation with the Peace River-Manasota Regional Water Supply
 1851  Authority created under s. 373.713 373.1962.
 1852         (e) The Central Florida Water Resource Development
 1853  Initiative. The purpose of this initiative is to create and
 1854  implement a long-term plan that takes a comprehensive approach
 1855  to limit ground water withdrawals in the Southern Water Use
 1856  Caution Area and to identify and develop alternative water
 1857  supplies for Polk County. The project components developed
 1858  pursuant to this initiative are eligible for state and regional
 1859  funding under s. 373.707 373.196 as an alternative water supply,
 1860  as defined in s. 373.019, or as a supplemental water supply
 1861  under the rules of the Southwest Florida Water Management
 1862  District or the South Florida Water Management District. The
 1863  initiative shall be implemented by the district as an ongoing
 1864  program in cooperation with Polk County and the South Florida
 1865  Water Management District.
 1866         Section 13. Subsection (2) of section 373.0421, Florida
 1867  Statutes, is amended to read:
 1868         373.0421 Establishment and implementation of minimum flows
 1869  and levels.—
 1870         (2) If the existing flow or level in a water body is below,
 1871  or is projected to fall within 20 years below, the applicable
 1872  minimum flow or level established pursuant to s. 373.042, the
 1873  department or governing board, as part of the regional water
 1874  supply plan described in s. 373.709 373.0361, shall
 1875  expeditiously implement a recovery or prevention strategy, which
 1876  includes the development of additional water supplies and other
 1877  actions, consistent with the authority granted by this chapter,
 1878  to:
 1879         (a) Achieve recovery to the established minimum flow or
 1880  level as soon as practicable; or
 1881         (b) Prevent the existing flow or level from falling below
 1882  the established minimum flow or level.
 1883  
 1884  The recovery or prevention strategy shall include phasing or a
 1885  timetable which will allow for the provision of sufficient water
 1886  supplies for all existing and projected reasonable-beneficial
 1887  uses, including development of additional water supplies and
 1888  implementation of conservation and other efficiency measures
 1889  concurrent with, to the extent practical, and to offset,
 1890  reductions in permitted withdrawals, consistent with the
 1891  provisions of this chapter.
 1892         Section 14. Subsection (4) of section 373.0695, Florida
 1893  Statutes, is amended to read:
 1894         373.0695 Duties of basin boards; authorized expenditures.—
 1895         (4) In the exercise of the duties and powers granted
 1896  herein, the basin boards shall be subject to all the limitations
 1897  and restrictions imposed on the water management districts in s.
 1898  373.703 373.1961.
 1899         Section 15. Subsections (3) and (5) of section 373.223,
 1900  Florida Statutes, are amended to read:
 1901         373.223 Conditions for a permit.—
 1902         (3) Except for the transport and use of water supplied by
 1903  the Central and Southern Florida Flood Control Project, and
 1904  anywhere in the state when the transport and use of water is
 1905  supplied exclusively for bottled water as defined in s.
 1906  500.03(1)(d), any water use permit applications pending as of
 1907  April 1, 1998, with the Northwest Florida Water Management
 1908  District and self-suppliers of water for which the proposed
 1909  water source and area of use or application are located on
 1910  contiguous private properties, when evaluating whether a
 1911  potential transport and use of ground or surface water across
 1912  county boundaries is consistent with the public interest,
 1913  pursuant to paragraph (1)(c), the governing board or department
 1914  shall consider:
 1915         (a) The proximity of the proposed water source to the area
 1916  of use or application.
 1917         (b) All impoundments, streams, groundwater sources, or
 1918  watercourses that are geographically closer to the area of use
 1919  or application than the proposed source, and that are
 1920  technically and economically feasible for the proposed transport
 1921  and use.
 1922         (c) All economically and technically feasible alternatives
 1923  to the proposed source, including, but not limited to,
 1924  desalination, conservation, reuse of nonpotable reclaimed water
 1925  and stormwater, and aquifer storage and recovery.
 1926         (d) The potential environmental impacts that may result
 1927  from the transport and use of water from the proposed source,
 1928  and the potential environmental impacts that may result from use
 1929  of the other water sources identified in paragraphs (b) and (c).
 1930         (e) Whether existing and reasonably anticipated sources of
 1931  water and conservation efforts are adequate to supply water for
 1932  existing legal uses and reasonably anticipated future needs of
 1933  the water supply planning region in which the proposed water
 1934  source is located.
 1935         (f) Consultations with local governments affected by the
 1936  proposed transport and use.
 1937         (g) The value of the existing capital investment in water
 1938  related infrastructure made by the applicant.
 1939  
 1940  Where districtwide water supply assessments and regional water
 1941  supply plans have been prepared pursuant to ss. 373.036 and
 1942  373.709 373.0361, the governing board or the department shall
 1943  use the applicable plans and assessments as the basis for its
 1944  consideration of the applicable factors in this subsection.
 1945         (5) In evaluating an application for consumptive use of
 1946  water which proposes the use of an alternative water supply
 1947  project as described in the regional water supply plan and
 1948  provides reasonable assurances of the applicant’s capability to
 1949  design, construct, operate, and maintain the project, the
 1950  governing board or department shall presume that the alternative
 1951  water supply use is consistent with the public interest under
 1952  paragraph (1)(c). However, where the governing board identifies
 1953  the need for a multijurisdictional water supply entity or
 1954  regional water supply authority to develop the alternative water
 1955  supply project pursuant to s. 373.709(2)(a)2. 373.0361(2)(a)2.,
 1956  the presumption shall be accorded only to that use proposed by
 1957  such entity or authority. This subsection does not effect
 1958  evaluation of the use pursuant to the provisions of paragraphs
 1959  (1)(a) and (b), subsections (2) and (3), and ss. 373.2295 and
 1960  373.233.
 1961         Section 16. Section 373.2234, Florida Statutes, is amended
 1962  to read:
 1963         373.2234 Preferred water supply sources.—The governing
 1964  board of a water management district is authorized to adopt
 1965  rules that identify preferred water supply sources for
 1966  consumptive uses for which there is sufficient data to establish
 1967  that a preferred source will provide a substantial new water
 1968  supply to meet the existing and projected reasonable-beneficial
 1969  uses of a water supply planning region identified pursuant to s.
 1970  373.709(1) 373.0361(1), while sustaining existing water
 1971  resources and natural systems. At a minimum, such rules must
 1972  contain a description of the preferred water supply source and
 1973  an assessment of the water the preferred source is projected to
 1974  produce. If an applicant proposes to use a preferred water
 1975  supply source, that applicant’s proposed water use is subject to
 1976  s. 373.223(1), except that the proposed use of a preferred water
 1977  supply source must be considered by a water management district
 1978  when determining whether a permit applicant’s proposed use of
 1979  water is consistent with the public interest pursuant to s.
 1980  373.223(1)(c). A consumptive use permit issued for the use of a
 1981  preferred water supply source must be granted, when requested by
 1982  the applicant, for at least a 20-year period and may be subject
 1983  to the compliance reporting provisions of s. 373.236(4). Nothing
 1984  in this section shall be construed to exempt the use of
 1985  preferred water supply sources from the provisions of ss.
 1986  373.016(4) and 373.223(2) and (3), or be construed to provide
 1987  that permits issued for the use of a nonpreferred water supply
 1988  source must be issued for a duration of less than 20 years or
 1989  that the use of a nonpreferred water supply source is not
 1990  consistent with the public interest. Additionally, nothing in
 1991  this section shall be interpreted to require the use of a
 1992  preferred water supply source or to restrict or prohibit the use
 1993  of a nonpreferred water supply source. Rules adopted by the
 1994  governing board of a water management district to implement this
 1995  section shall specify that the use of a preferred water supply
 1996  source is not required and that the use of a nonpreferred water
 1997  supply source is not restricted or prohibited.
 1998         Section 17. Subsection (3) of section 373.229, Florida
 1999  Statutes, is amended to read:
 2000         373.229 Application for permit.—
 2001         (3) In addition to the information required in subsection
 2002  (1), all permit applications filed with the governing board or
 2003  the department which propose the transport and use of water
 2004  across county boundaries shall include information pertaining to
 2005  factors to be considered, pursuant to s. 373.223(3), unless
 2006  exempt under s. 373.713(9) 373.1962(9).
 2007         Section 18. Paragraph (a) of subsection (6) of section
 2008  373.236, Florida Statutes, is amended to read:
 2009         373.236 Duration of permits; compliance reports.—
 2010         (6)(a) The Legislature finds that the need for alternative
 2011  water supply development projects to meet anticipated public
 2012  water supply demands of the state is so important that it is
 2013  essential to encourage participation in and contribution to
 2014  these projects by private-rural-land owners who
 2015  characteristically have relatively modest near-term water
 2016  demands but substantially increasing demands after the 20-year
 2017  planning period in s. 373.709 373.0361. Therefore, where such
 2018  landowners make extraordinary contributions of lands or
 2019  construction funding to enable the expeditious implementation of
 2020  such projects, water management districts and the department may
 2021  grant permits for such projects for a period of up to 50 years
 2022  to municipalities, counties, special districts, regional water
 2023  supply authorities, multijurisdictional water supply entities,
 2024  and publicly or privately owned utilities, with the exception of
 2025  any publicly or privately owned utilities created for or by a
 2026  private landowner after April 1, 2008, which have entered into
 2027  an agreement with the private landowner for the purpose of more
 2028  efficiently pursuing alternative public water supply development
 2029  projects identified in a district’s regional water supply plan
 2030  and meeting water demands of both the applicant and the
 2031  landowner.
 2032         Section 19. Paragraph (a) of subsection (6) of section
 2033  373.536, Florida Statutes, is amended to read:
 2034         373.536 District budget and hearing thereon.—
 2035         (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
 2036  WATER RESOURCE DEVELOPMENT WORK PROGRAM.—
 2037         (a) Each district must, by the date specified for each
 2038  item, furnish copies of the following documents to the Governor,
 2039  the President of the Senate, the Speaker of the House of
 2040  Representatives, the chairs of all legislative committees and
 2041  subcommittees having substantive or fiscal jurisdiction over the
 2042  districts, as determined by the President of the Senate or the
 2043  Speaker of the House of Representatives as applicable, the
 2044  secretary of the department, and the governing board of each
 2045  county in which the district has jurisdiction or derives any
 2046  funds for the operations of the district:
 2047         1. The adopted budget, to be furnished within 10 days after
 2048  its adoption.
 2049         2. A financial audit of its accounts and records, to be
 2050  furnished within 10 days after its acceptance by the governing
 2051  board. The audit must be conducted in accordance with the
 2052  provisions of s. 11.45 and the rules adopted thereunder. In
 2053  addition to the entities named above, the district must provide
 2054  a copy of the audit to the Auditor General within 10 days after
 2055  its acceptance by the governing board.
 2056         3. A 5-year capital improvements plan, to be included in
 2057  the consolidated annual report required by s. 373.036(7). The
 2058  plan must include expected sources of revenue for planned
 2059  improvements and must be prepared in a manner comparable to the
 2060  fixed capital outlay format set forth in s. 216.043.
 2061         4. A 5-year water resource development work program to be
 2062  furnished within 30 days after the adoption of the final budget.
 2063  The program must describe the district’s implementation strategy
 2064  for the water resource development component of each approved
 2065  regional water supply plan developed or revised under s. 373.709
 2066  373.0361. The work program must address all the elements of the
 2067  water resource development component in the district’s approved
 2068  regional water supply plans and must identify which projects in
 2069  the work program will provide water, explain how each water
 2070  resource development project will produce additional water
 2071  available for consumptive uses, estimate the quantity of water
 2072  to be produced by each project, and provide an assessment of the
 2073  contribution of the district’s regional water supply plans in
 2074  providing sufficient water to meet the water supply needs of
 2075  existing and future reasonable-beneficial uses for a 1-in-10
 2076  year drought event. Within 30 days after its submittal, the
 2077  department shall review the proposed work program and submit its
 2078  findings, questions, and comments to the district. The review
 2079  must include a written evaluation of the program’s consistency
 2080  with the furtherance of the district’s approved regional water
 2081  supply plans, and the adequacy of proposed expenditures. As part
 2082  of the review, the department shall give interested parties the
 2083  opportunity to provide written comments on each district’s
 2084  proposed work program. Within 45 days after receipt of the
 2085  department’s evaluation, the governing board shall state in
 2086  writing to the department which changes recommended in the
 2087  evaluation it will incorporate into its work program submitted
 2088  as part of the March 1 consolidated annual report required by s.
 2089  373.036(7) or specify the reasons for not incorporating the
 2090  changes. The department shall include the district’s responses
 2091  in a final evaluation report and shall submit a copy of the
 2092  report to the Governor, the President of the Senate, and the
 2093  Speaker of the House of Representatives.
 2094         Section 20. Subsection (11) of section 373.59, Florida
 2095  Statutes, is amended to read:
 2096         373.59 Water Management Lands Trust Fund.—
 2097         (11) Notwithstanding any provision of this section to the
 2098  contrary, the governing board of a water management district may
 2099  request, and the Secretary of Environmental Protection shall
 2100  release upon such request, moneys allocated to the districts
 2101  pursuant to subsection (8) for purposes consistent with the
 2102  provisions of s. 373.709 373.0361, s. 373.705 373.0831, s.
 2103  373.139, or ss. 373.451-373.4595 and for legislatively
 2104  authorized land acquisition and water restoration initiatives.
 2105  No funds may be used pursuant to this subsection until necessary
 2106  debt service obligations, requirements for payments in lieu of
 2107  taxes, and land management obligations that may be required by
 2108  this chapter are provided for.
 2109         Section 21. Paragraph (g) of subsection (1) of section
 2110  378.212, Florida Statutes, is amended to read:
 2111         378.212 Variances.—
 2112         (1) Upon application, the secretary may grant a variance
 2113  from the provisions of this part or the rules adopted pursuant
 2114  thereto. Variances and renewals thereof may be granted for any
 2115  one of the following reasons:
 2116         (g) To accommodate reclamation that provides water supply
 2117  development or water resource development not inconsistent with
 2118  the applicable regional water supply plan approved pursuant to
 2119  s. 373.709 373.0361, provided adverse impacts are not caused to
 2120  the water resources in the basin. A variance may also be granted
 2121  from the requirements of part IV of chapter 373, or the rules
 2122  adopted thereunder, when a project provides an improvement in
 2123  water availability in the basin and does not cause adverse
 2124  impacts to water resources in the basin.
 2125         Section 22. Subsection (9) of section 378.404, Florida
 2126  Statutes, is amended to read:
 2127         378.404 Department of Environmental Protection; powers and
 2128  duties.—The department shall have the following powers and
 2129  duties:
 2130         (9) To grant variances from the provisions of this part to
 2131  accommodate reclamation that provides for water supply
 2132  development or water resource development not inconsistent with
 2133  the applicable regional water supply plan approved pursuant to
 2134  s. 373.709 373.0361, appropriate stormwater management, improved
 2135  wildlife habitat, recreation, or a mixture thereof, provided
 2136  adverse impacts are not caused to the water resources in the
 2137  basin and public health and safety are not adversely affected.
 2138         Section 23. Paragraph (a) of subsection (3) of section
 2139  403.0891, Florida Statutes, is amended to read:
 2140         403.0891 State, regional, and local stormwater management
 2141  plans and programs.—The department, the water management
 2142  districts, and local governments shall have the responsibility
 2143  for the development of mutually compatible stormwater management
 2144  programs.
 2145         (3)(a) Each local government required by chapter 163 to
 2146  submit a comprehensive plan, whose plan is submitted after July
 2147  1, 1992, and the others when updated after July 1, 1992, in the
 2148  development of its stormwater management program described by
 2149  elements within its comprehensive plan shall consider the water
 2150  resource implementation rule, district stormwater management
 2151  goals, plans approved pursuant to the Surface Water Improvement
 2152  and Management Act, ss. 373.451-373.4595, and technical
 2153  assistance information provided by the water management
 2154  districts pursuant to s. 373.711 373.0391.
 2155         Section 24. Section 403.890, Florida Statutes, is amended
 2156  to read:
 2157         403.890 Water Protection and Sustainability Program;
 2158  intent; goals; purposes.—
 2159         (1) Effective July 1, 2006, revenues transferred from the
 2160  Department of Revenue pursuant to s. 201.15(1)(c)2. shall be
 2161  deposited into the Water Protection and Sustainability Program
 2162  Trust Fund in the Department of Environmental Protection. These
 2163  revenues and any other additional revenues deposited into or
 2164  appropriated to the Water Protection and Sustainability Program
 2165  Trust Fund shall be distributed by the Department of
 2166  Environmental Protection in the following manner:
 2167         (a) Sixty percent to the Department of Environmental
 2168  Protection for the implementation of an alternative water supply
 2169  program as provided in s. 373.1961.
 2170         (b) Twenty percent for the implementation of best
 2171  management practices and capital project expenditures necessary
 2172  for the implementation of the goals of the total maximum daily
 2173  load program established in s. 403.067. Of these funds, 85
 2174  percent shall be transferred to the credit of the Department of
 2175  Environmental Protection Water Quality Assurance Trust Fund to
 2176  address water quality impacts associated with nonagricultural
 2177  nonpoint sources. Fifteen percent of these funds shall be
 2178  transferred to the Department of Agriculture and Consumer
 2179  Services General Inspection Trust Fund to address water quality
 2180  impacts associated with agricultural nonpoint sources. These
 2181  funds shall be used for research, development, demonstration,
 2182  and implementation of the total maximum daily load program under
 2183  s. 403.067, suitable best management practices or other measures
 2184  used to achieve water quality standards in surface waters and
 2185  water segments identified pursuant to s. 303(d) of the Clean
 2186  Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
 2187  Implementation of best management practices and other measures
 2188  may include cost-share grants, technical assistance,
 2189  implementation tracking, and conservation leases or other
 2190  agreements for water quality improvement. The Department of
 2191  Environmental Protection and the Department of Agriculture and
 2192  Consumer Services may adopt rules governing the distribution of
 2193  funds for implementation of capital projects, best management
 2194  practices, and other measures. These funds shall not be used to
 2195  abrogate the financial responsibility of those point and
 2196  nonpoint sources that have contributed to the degradation of
 2197  water or land areas. Increased priority shall be given by the
 2198  department and the water management district governing boards to
 2199  those projects that have secured a cost-sharing agreement
 2200  allocating responsibility for the cleanup of point and nonpoint
 2201  sources.
 2202         (c) Ten percent shall be disbursed for the purposes of
 2203  funding projects pursuant to ss. 373.451-373.459 or surface
 2204  water restoration activities in water-management-district
 2205  designated priority water bodies. The Secretary of Environmental
 2206  Protection shall ensure that each water management district
 2207  receives the following percentage of funds annually:
 2208         1. Thirty-five percent to the South Florida Water
 2209  Management District;
 2210         2. Twenty-five percent to the Southwest Florida Water
 2211  Management District;
 2212         3. Twenty-five percent to the St. Johns River Water
 2213  Management District;
 2214         4. Seven and one-half percent to the Suwannee River Water
 2215  Management District; and
 2216         5. Seven and one-half percent to the Northwest Florida
 2217  Water Management District.
 2218         (d) Ten percent to the Department of Environmental
 2219  Protection for the Disadvantaged Small Community Wastewater
 2220  Grant Program as provided in s. 403.1838.
 2221         (2) Applicable beginning in the 2007-2008 fiscal year,
 2222  revenues transferred from the Department of Revenue pursuant to
 2223  s. 201.15(1)(c)2. shall be deposited into the Water Protection
 2224  and Sustainability Program Trust Fund in the Department of
 2225  Environmental Protection. These revenues and any other
 2226  additional Revenues deposited into or appropriated to the Water
 2227  Protection and Sustainability Program Trust Fund shall be
 2228  distributed by the Department of Environmental Protection in the
 2229  following manner:
 2230         (1)(a) Sixty-five percent to the Department of
 2231  Environmental Protection for the implementation of an
 2232  alternative water supply program as provided in s. 373.707
 2233  373.1961.
 2234         (2)(b) Twenty-two and five-tenths percent for the
 2235  implementation of best management practices and capital project
 2236  expenditures necessary for the implementation of the goals of
 2237  the total maximum daily load program established in s. 403.067.
 2238  Of these funds, 83.33 percent shall be transferred to the credit
 2239  of the Department of Environmental Protection Water Quality
 2240  Assurance Trust Fund to address water quality impacts associated
 2241  with nonagricultural nonpoint sources. Sixteen and sixty-seven
 2242  hundredths percent of these funds shall be transferred to the
 2243  Department of Agriculture and Consumer Services General
 2244  Inspection Trust Fund to address water quality impacts
 2245  associated with agricultural nonpoint sources. These funds shall
 2246  be used for research, development, demonstration, and
 2247  implementation of the total maximum daily load program under s.
 2248  403.067, suitable best management practices or other measures
 2249  used to achieve water quality standards in surface waters and
 2250  water segments identified pursuant to s. 303(d) of the Clean
 2251  Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
 2252  Implementation of best management practices and other measures
 2253  may include cost-share grants, technical assistance,
 2254  implementation tracking, and conservation leases or other
 2255  agreements for water quality improvement. The Department of
 2256  Environmental Protection and the Department of Agriculture and
 2257  Consumer Services may adopt rules governing the distribution of
 2258  funds for implementation of capital projects, best management
 2259  practices, and other measures. These funds shall not be used to
 2260  abrogate the financial responsibility of those point and
 2261  nonpoint sources that have contributed to the degradation of
 2262  water or land areas. Increased priority shall be given by the
 2263  department and the water management district governing boards to
 2264  those projects that have secured a cost-sharing agreement
 2265  allocating responsibility for the cleanup of point and nonpoint
 2266  sources.
 2267         (3)(c) Twelve and five-tenths percent to the Department of
 2268  Environmental Protection for the Disadvantaged Small Community
 2269  Wastewater Grant Program as provided in s. 403.1838.
 2270         (4)(d) On June 30, 2009, and every 24 months thereafter,
 2271  the Department of Environmental Protection shall request the
 2272  return of all unencumbered funds distributed pursuant to this
 2273  section. These funds shall be deposited into the Water
 2274  Protection and Sustainability Program Trust Fund and
 2275  redistributed pursuant to the provisions of this section.
 2276         (3) For the 2008-2009 fiscal year only, moneys in the Water
 2277  Protection and Sustainability Program Trust Fund shall be
 2278  transferred to the Ecosystem Management and Restoration Trust
 2279  Fund for grants and aids to local governments for water projects
 2280  as provided in the General Appropriations Act. This subsection
 2281  expires July 1, 2009.
 2282         (4) For fiscal year 2005-2006, funds deposited or
 2283  appropriated into the Water Protection and Sustainability
 2284  Program Trust Fund shall be distributed as follows:
 2285         (a) One hundred million dollars to the Department of
 2286  Environmental Protection for the implementation of an
 2287  alternative water supply program as provided in s. 373.1961.
 2288         (b) Funds remaining after the distribution provided for in
 2289  subsection (1) shall be distributed as follows:
 2290         1. Fifty percent for the implementation of best management
 2291  practices and capital project expenditures necessary for the
 2292  implementation of the goals of the total maximum daily load
 2293  program established in s. 403.067. Of these funds, 85 percent
 2294  shall be transferred to the credit of the Department of
 2295  Environmental Protection Water Quality Assurance Trust Fund to
 2296  address water quality impacts associated with nonagricultural
 2297  nonpoint sources. Fifteen percent of these funds shall be
 2298  transferred to the Department of Agriculture and Consumer
 2299  Services General Inspection Trust Fund to address water quality
 2300  impacts associated with agricultural nonpoint sources. These
 2301  funds shall be used for research, development, demonstration,
 2302  and implementation of suitable best management practices or
 2303  other measures used to achieve water quality standards in
 2304  surface waters and water segments identified pursuant to s.
 2305  303(d) of the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss.
 2306  1251 et seq. Implementation of best management practices and
 2307  other measures may include cost-share grants, technical
 2308  assistance, implementation tracking, and conservation leases or
 2309  other agreements for water quality improvement. The Department
 2310  of Environmental Protection and the Department of Agriculture
 2311  and Consumer Services may adopt rules governing the distribution
 2312  of funds for implementation of best management practices. These
 2313  funds shall not be used to abrogate the financial responsibility
 2314  of those point and nonpoint sources that have contributed to the
 2315  degradation of water or land areas. Increased priority shall be
 2316  given by the department and the water management district
 2317  governing boards to those projects that have secured a cost
 2318  sharing agreement allocating responsibility for the cleanup of
 2319  point and nonpoint sources.
 2320         2. Twenty-five percent for the purposes of funding projects
 2321  pursuant to ss. 373.451-373.459 or surface water restoration
 2322  activities in water-management-district-designated priority
 2323  water bodies. The Secretary of Environmental Protection shall
 2324  ensure that each water management district receives the
 2325  following percentage of funds annually:
 2326         a. Thirty-five percent to the South Florida Water
 2327  Management District;
 2328         b. Twenty-five percent to the Southwest Florida Water
 2329  Management District;
 2330         c. Twenty-five percent to the St. Johns River Water
 2331  Management District;
 2332         d. Seven and one-half percent to the Suwannee River Water
 2333  Management District; and
 2334         e. Seven and one-half percent to the Northwest Florida
 2335  Water Management District.
 2336         3. Twenty-five percent to the Department of Environmental
 2337  Protection for the Disadvantaged Small Community Wastewater
 2338  Grant Program as provided in s. 403.1838.
 2339  
 2340  Prior to the end of the 2008 Regular Session, the Legislature
 2341  must review the distribution of funds under the Water Protection
 2342  and Sustainability Program to determine if revisions to the
 2343  funding formula are required. At the discretion of the President
 2344  of the Senate and the Speaker of the House of Representatives,
 2345  the appropriate substantive committees of the Legislature may
 2346  conduct an interim project to review the Water Protection and
 2347  Sustainability Program and the funding formula and make written
 2348  recommendations to the Legislature proposing necessary changes,
 2349  if any.
 2350         (5) For the 2009-2010 fiscal year only, funds shall be
 2351  distributed as follows:
 2352         (a) Thirty-one and twenty-one hundredths percent to the
 2353  Department of Environmental Protection for the implementation of
 2354  an alternative water supply program as provided in s. 373.1961.
 2355         (b) Twenty-six and eighty-seven hundredths percent for the
 2356  implementation of best management practices and capital project
 2357  expenditures necessary for the implementation of the goals of
 2358  the total maximum daily load program established in s. 403.067.
 2359  Of these funds, 86 percent shall be transferred to the credit of
 2360  the Water Quality Assurance Trust Fund of the Department of
 2361  Environmental Protection to address water quality impacts
 2362  associated with nonagricultural nonpoint sources. Fourteen
 2363  percent of these funds shall be transferred to the General
 2364  Inspection Trust Fund of the Department of Agriculture and
 2365  Consumer Services to address water quality impacts associated
 2366  with agricultural nonpoint sources. These funds shall be used
 2367  for research, development, demonstration, and implementation of
 2368  the total maximum daily load program under s. 403.067, suitable
 2369  best management practices, or other measures used to achieve
 2370  water quality standards in surface waters and water segments
 2371  identified pursuant to s. 303(d) of the Clean Water Act, Pub. L.
 2372  No. 92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best
 2373  management practices and other measures may include cost-share
 2374  grants, technical assistance, implementation tracking, and
 2375  conservation leases or other agreements for water quality
 2376  improvement. The Department of Environmental Protection and the
 2377  Department of Agriculture and Consumer Services may adopt rules
 2378  governing the distribution of funds for implementation of
 2379  capital projects, best management practices, and other measures.
 2380  These funds may not be used to abrogate the financial
 2381  responsibility of those point and nonpoint sources that have
 2382  contributed to the degradation of water or land areas. Increased
 2383  priority shall be given by the department and the water
 2384  management district governing boards to those projects that have
 2385  secured a cost-sharing agreement that allocates responsibility
 2386  for the cleanup of point and nonpoint sources.
 2387         (c) Forty-one and ninety-two hundredths percent to the
 2388  Department of Environmental Protection for the Disadvantaged
 2389  Small Community Wastewater Grant Program as provided in s.
 2390  403.1838.
 2391  
 2392  This subsection expires July 1, 2010.
 2393         Section 25. Subsection (1) of section 403.891, Florida
 2394  Statutes, is amended to read:
 2395         403.891 Water Protection and Sustainability Program Trust
 2396  Fund of the Department of Environmental Protection.—
 2397         (1) The Water Protection and Sustainability Program Trust
 2398  Fund is created within the Department of Environmental
 2399  Protection. The purpose of the trust fund is to receive funds
 2400  pursuant to s. 201.15(1)(c)2., funds from other sources provided
 2401  for in law and the General Appropriations Act, and funds
 2402  received by the department in order to implement the provisions
 2403  of the Water Sustainability and Protection Program created in s.
 2404  403.890.
 2405         Section 26. Section 682.02, Florida Statutes, is amended to
 2406  read:
 2407         682.02 Arbitration agreements made valid, irrevocable, and
 2408  enforceable; scope.—Two or more parties may agree in writing to
 2409  submit to arbitration any controversy existing between them at
 2410  the time of the agreement, or they may include in a written
 2411  contract a provision for the settlement by arbitration of any
 2412  controversy thereafter arising between them relating to such
 2413  contract or the failure or refusal to perform the whole or any
 2414  part thereof. This section also applies to written interlocal
 2415  agreements under ss. 163.01 and 373.713 373.1962 in which two or
 2416  more parties agree to submit to arbitration any controversy
 2417  between them concerning water use permit applications and other
 2418  matters, regardless of whether or not the water management
 2419  district with jurisdiction over the subject application is a
 2420  party to the interlocal agreement or a participant in the
 2421  arbitration. Such agreement or provision shall be valid,
 2422  enforceable, and irrevocable without regard to the justiciable
 2423  character of the controversy; provided that this act shall not
 2424  apply to any such agreement or provision to arbitrate in which
 2425  it is stipulated that this law shall not apply or to any
 2426  arbitration or award thereunder.
 2427         Section 27. Section 373.71, Florida Statutes, is renumbered
 2428  as section 373.69, Florida Statutes.
 2429         Section 28. Sections 373.0361, 373.0391, 373.0831, 373.196,
 2430  373.1961, 373.1962, and 373.1963, Florida Statutes, are
 2431  repealed.
 2432         Section 29. Subsection (4) of section 373.079, Florida
 2433  Statutes, is amended to read:
 2434         373.079 Members of governing board; oath of office; staff.—
 2435         (4)(a) The governing board of the district shall is
 2436  authorized to employ:
 2437         (a) An executive director, ombudsman, and such engineers,
 2438  other professional persons, and other personnel and assistants
 2439  as it deems necessary and under such terms and conditions as it
 2440  may determine and to terminate such employment. The appointment
 2441  of an executive director by the governing board is subject to
 2442  approval by the Governor and must be initially confirmed by the
 2443  Florida Senate. The governing board may delegate all or part of
 2444  its authority under this paragraph to the executive director.
 2445  However, the governing board shall delegate to the executive
 2446  director all of its authority to take final action on permit
 2447  applications under part II or part IV or petitions for variances
 2448  or waivers of permitting requirements under part II or part IV,
 2449  except for denials of such actions as provided in s. 373.083(5).
 2450  The executive director may execute such delegated authority
 2451  through designated staff members. Such delegations shall not be
 2452  subject to the rulemaking requirements of chapter 120. The
 2453  executive director must be confirmed by the Senate upon
 2454  employment and must be confirmed or reconfirmed by the Senate
 2455  during the second regular session of the Legislature following a
 2456  gubernatorial election.
 2457         (b)1. The governing board of each water management district
 2458  shall employ An inspector general, who shall report directly to
 2459  the board. However, the governing boards of the Suwannee River
 2460  Water Management District and the Northwest Florida Water
 2461  Management District may jointly employ an inspector general, or
 2462  provide for inspector general services by interagency agreement
 2463  with a state agency or water management district inspector
 2464  general.
 2465         2. An inspector general must have the same qualifications
 2466  prescribed and perform the applicable duties of state agency
 2467  inspectors general as provided in s. 20.055.
 2468         Section 30. Subsection (5) of section 373.083, Florida
 2469  Statutes, is amended to read:
 2470         373.083 General powers and duties of the governing board.
 2471  In addition to other powers and duties allowed it by law, the
 2472  governing board is authorized to:
 2473         (5) Execute any of the powers, duties, and functions vested
 2474  in the governing board through a member or members thereof, the
 2475  executive director, or other district staff as designated by the
 2476  governing board. The governing board may establish the scope and
 2477  terms of any delegation. However, if the governing board
 2478  delegates shall delegate to the executive director all of its
 2479  authority to take final action on permit applications under part
 2480  II or part IV or petitions for variances or waivers of
 2481  permitting requirements under part II or part IV, and the
 2482  executive director may execute such delegated authority through
 2483  designated staff. Such delegations shall not be subject to the
 2484  rulemaking requirements of chapter 120. However, the governing
 2485  board must shall provide a process for referring a any denial of
 2486  such application or petition to the governing board for the
 2487  purpose of taking to take final action. Such process shall
 2488  expressly prohibit any member of a governing board from
 2489  intervening in any manner during the review of an application
 2490  prior to such application being referred to the governing board
 2491  for final action. The authority to delegate under in this
 2492  subsection is supplemental to any other provision of this
 2493  chapter granting authority to the governing board to delegate
 2494  specific powers, duties, or functions.
 2495         Section 31. Subsection (5) is added to section 373.118,
 2496  Florida Statutes, to read:
 2497         373.118 General permits; delegation.—
 2498         (5)To improve efficiency, the governing board may delegate
 2499  by rule its powers and duties pertaining to general permits to
 2500  the executive director. The executive director may execute such
 2501  delegated authority through designated staff. However, when
 2502  delegating the authority to take final action on permit
 2503  applications under part II or part IV or petitions for variances
 2504  or waivers of permitting requirements under part II or part IV,
 2505  the governing board must provide a process for referring a
 2506  denial of such application or petition to the governing board
 2507  for the purpose of taking final action.
 2508         Section 32. Section 373.4131, Florida Statutes, is created
 2509  to read:
 2510         373.4131Stormwater quality treatment requirements.—
 2511         (1) The Legislature finds and declares that nutrients in
 2512  stormwater contribute to nutrient impairment of the state’s
 2513  waters. The Legislature further finds and declares that a
 2514  uniform statewide rule, which is consistent with the state’s
 2515  strategy to reduce the adverse effects of nutrients on water
 2516  quality as outlined in chapter 403, will provide a
 2517  scientifically and technically sound method to assist permittees
 2518  in their efforts to meet state water quality standards.
 2519         (2) As used in this section, the term:
 2520         (a) “Nutrient” means total nitrogen and total phosphorus.
 2521         (b) “Redevelopment” means construction of a surface water
 2522  management system on sites with existing commercial, industrial,
 2523  or multifamily land uses where the existing impervious surface
 2524  will be removed as part of the proposed activity.
 2525         (c) “Stormwater quality treatment requirements” means the
 2526  minimum level of stormwater treatment and design criteria for
 2527  the construction, operation, and maintenance of stormwater
 2528  management systems.
 2529         (3) The department, in coordination with the water
 2530  management districts, shall develop a uniform statewide
 2531  stormwater quality treatment rule for stormwater management
 2532  systems. The rule must provide for geographic differences in
 2533  physical and natural characteristics, such as rainfall patterns,
 2534  topography, soil type, and vegetation. The department shall
 2535  adopt the rule no later than July 1, 2011. The water management
 2536  districts and any delegated local program under this part shall
 2537  implement the rule without having to adopt it pursuant to s.
 2538  120.54. However, the department and water management districts
 2539  may adopt, amend, or retain rules designed to implement a basin
 2540  management action plan for a total maximum daily load, and rules
 2541  established pursuant to s. 373.4592, s. 373.4595, s. 373.461, or
 2542  s. 403.067.
 2543         (a) Except as otherwise provided in this section,
 2544  variations from the rule adopted under this section are
 2545  prohibited.
 2546         (b) Existing stormwater quality treatment rules that are
 2547  superseded by the rule adopted under this section may be
 2548  repealed without further rulemaking pursuant to s. 120.54 by
 2549  publication of a notice of repeal in the Florida Administrative
 2550  Weekly and subsequent filing of a list of the rules repealed
 2551  with the Department of State.
 2552         (c) Until the rule adopted pursuant to this section becomes
 2553  effective, existing stormwater quality treatment rules adopted
 2554  under this part are deemed authorized under this part and remain
 2555  in full force and effect.
 2556         (4) The rule adopted pursuant to this section shall
 2557  establish the stormwater quality treatment requirements
 2558  necessary to meet the applicable state water quality standards,
 2559  including nutrient standards. Compliance with the stormwater
 2560  quality treatment requirements creates a presumption that
 2561  stormwater discharged from the system will meet the applicable
 2562  state water quality standards, whether expressed in narrative or
 2563  numeric form, in the receiving waters.
 2564         (5) Notwithstanding subsection (4), the rule shall
 2565  establish alternative stormwater quality treatment requirements
 2566  for the redevelopment of sites totaling 10 acres or less, and
 2567  the retrofitting of existing stormwater management systems where
 2568  such treatment results in a net reduction in the discharge of
 2569  nutrients and other pollutants to the receiving waters. The
 2570  alternative treatment requirements for redevelopment must be
 2571  based upon a feasibility assessment of stormwater best
 2572  management practices that considers factors such as site size,
 2573  availability of regional stormwater treatment systems, and
 2574  physical site characteristics. The rule may also establish
 2575  alternative stormwater quality treatment requirements for the
 2576  development of sites with legacy pollutants from past
 2577  activities.
 2578         (6) Subsequent to the adoption of the rule under this
 2579  section, the following shall continue to be governed by the
 2580  stormwater quality treatment rules adopted by the department,
 2581  water management districts, and any delegated local program
 2582  under this part in effect before the effective date of the rule
 2583  adopted pursuant to this section, unless the applicant elects to
 2584  have an application reviewed under the rule adopted under this
 2585  section:
 2586         (a) The operation and maintenance of stormwater management
 2587  systems legally in existence before the effective date of the
 2588  rule adopted under this section if the terms and conditions of
 2589  the permit, exemption, or other authorization for such systems
 2590  continue to be met; or
 2591         (b) The activities approved in a permit issued under this
 2592  part and the review of activities proposed in applications
 2593  received and completed before the effective date of the rule
 2594  adopted under this section. This also applies to any
 2595  modification of the plans, terms, and conditions of the permit,
 2596  including new activities, within the geographical area to which
 2597  the permit applies. However, this shall not apply to a
 2598  modification that would extend the permitted time limit for
 2599  construction beyond 4 additional years or to any modification
 2600  reasonably expected to lead to additional or substantially
 2601  different stormwater quality impacts. This shall also apply to
 2602  any modification which lessens or does not increase stormwater
 2603  quality impacts.
 2604         (7) The provisions of this section do not apply to
 2605  stormwater management systems serving agriculture.
 2606         Section 33. Subsection (7) of section 403.031, Florida
 2607  Statutes, is amended, and subsections (22) and (23) are added to
 2608  that section, to read:
 2609         403.031 Definitions.—In construing this chapter, or rules
 2610  and regulations adopted pursuant hereto, the following words,
 2611  phrases, or terms, unless the context otherwise indicates, have
 2612  the following meanings:
 2613         (7) “Pollution” is the presence in the outdoor atmosphere
 2614  or waters of the state of any substances, contaminants, noise,
 2615  or manmade or human-induced impairment of air or waters or
 2616  alteration of the chemical, physical, biological, or
 2617  radiological integrity of air or water in quantities or at
 2618  levels which are or may be potentially harmful or injurious to
 2619  human health or welfare, animal or plant life, or property or
 2620  which unreasonably interfere with the enjoyment of life or
 2621  property, including outdoor recreation unless authorized by
 2622  applicable law. Nutrients become pollution in a water body at a
 2623  level determined by the department to cause in an imbalance of
 2624  naturally occurring aquatic flora or fauna in that water body.
 2625         (22) “First magnitude spring” means a spring that has a
 2626  median discharge of greater than or equal to 100 cubic feet per
 2627  second for the period of record, as determined by the
 2628  department.
 2629         (23) “Second magnitude spring” means a spring that has a
 2630  median discharge of 10 to 100 cubic feet per second for the
 2631  period of record, as determined by the department.
 2632         Section 34. Subsection (11) of section 403.061, Florida
 2633  Statutes, is amended, and subsection (41) is added to that
 2634  section, to read:
 2635         403.061 Department; powers and duties.—The department shall
 2636  have the power and the duty to control and prohibit pollution of
 2637  air and water in accordance with the law and rules adopted and
 2638  promulgated by it and, for this purpose, to:
 2639         (11) Establish ambient air quality and water quality
 2640  standards for the state as a whole or for any part thereof, and
 2641  also standards for the abatement of excessive and unnecessary
 2642  noise. The department is authorized to establish reasonable
 2643  zones of mixing for discharges into waters. Water quality
 2644  criteria for nutrients shall limit loadings or concentrations to
 2645  those that will not cause an imbalance of naturally occurring
 2646  populations of aquatic flora or fauna.
 2647         (a) When a receiving body of water fails to meet a water
 2648  quality standard for pollutants set forth in department rules, a
 2649  steam electric generating plant discharge of pollutants that is
 2650  existing or licensed under this chapter on July 1, 1984, may
 2651  nevertheless be granted a mixing zone, provided that:
 2652         1. The standard would not be met in the water body in the
 2653  absence of the discharge;
 2654         2. The discharge is in compliance with all applicable
 2655  technology-based effluent limitations;
 2656         3. The discharge does not cause a measurable increase in
 2657  the degree of noncompliance with the standard at the boundary of
 2658  the mixing zone; and
 2659         4. The discharge otherwise complies with the mixing zone
 2660  provisions specified in department rules.
 2661         (b) No mixing zone for point source discharges shall be
 2662  permitted in Outstanding Florida Waters except for:
 2663         1. Sources that have received permits from the department
 2664  prior to April 1, 1982, or the date of designation, whichever is
 2665  later;
 2666         2. Blowdown from new power plants certified pursuant to the
 2667  Florida Electrical Power Plant Siting Act;
 2668         3. Discharges of water necessary for water management
 2669  purposes which have been approved by the governing board of a
 2670  water management district and, if required by law, by the
 2671  secretary; and
 2672         4. The discharge of demineralization concentrate which has
 2673  been determined permittable under s. 403.0882 and which meets
 2674  the specific provisions of s. 403.0882(4)(a) and (b), if the
 2675  proposed discharge is clearly in the public interest.
 2676         (c) The department, by rule, shall establish water quality
 2677  criteria for wetlands which criteria give appropriate
 2678  recognition to the water quality of such wetlands in their
 2679  natural state.
 2680  
 2681  Nothing in this act shall be construed to invalidate any
 2682  existing department rule relating to mixing zones. The
 2683  department shall cooperate with the Department of Highway Safety
 2684  and Motor Vehicles in the development of regulations required by
 2685  s. 316.272(1).
 2686         (41) By December 31, 2011, the department, in coordination
 2687  with the water management districts, shall create and maintain
 2688  an online portal accessible by the public listing all existing
 2689  consumptive use permits granted by the districts. The districts
 2690  shall also report each new consumptive use permit or
 2691  modification of an existing permit to the department within 30
 2692  days after final approval for inclusion in the online portal.
 2693  The department must identify, at a minimum, the applicant, the
 2694  owner, the date issued, the source of the water, the total
 2695  quantity of water granted, the use to be made of the water and
 2696  any limitations, the place of use, the location of the well or
 2697  point of diversion, the duration of the permit, modifications of
 2698  the permit, if any, and the actual amount withdrawn under the
 2699  permit, if known.
 2700  
 2701  The department shall implement such programs in conjunction with
 2702  its other powers and duties and shall place special emphasis on
 2703  reducing and eliminating contamination that presents a threat to
 2704  humans, animals or plants, or to the environment.
 2705         Section 35. Section 403.0675, Florida Statutes, is created
 2706  to read:
 2707         403.0675 Establishment and implementation of numeric
 2708  nutrient standards.—
 2709         (1) The Legislature finds the following: nutrients are
 2710  essential for the biological health and productivity of Florida
 2711  waters; a delicate relationship exists between the concentration
 2712  and loading of nutrients in a water body which reflects its
 2713  health and productivity; the improper combination of nutrients
 2714  with site-specific factors may cause adverse effects on water
 2715  quality; when establishing numeric nutrient standards, the
 2716  failure to take into account site-specific factors and ensure
 2717  scientific validity may result in standards that lack adequate
 2718  scientific support and cause unintended environmental and
 2719  economic consequences; the total maximum daily load program is
 2720  the best mechanism for establishing numeric nutrient standards
 2721  for nutrient impaired water bodies and restoring nutrient
 2722  impaired water bodies; and consistent with the Congressional
 2723  intent expressed in the Clean Water Act, any numeric nutrient
 2724  standards established pursuant to s. 303(c) of the Clean Water
 2725  Act should work in concert with the total maximum daily load
 2726  program and other water quality programs.
 2727         (2) As provided in this section, by August 16, 2010, the
 2728  Department of Environmental Protection shall submit to the
 2729  United States Environmental Protection Agency the following
 2730  numeric nutrient standards in fulfillment of the Environmental
 2731  Protection Agency’s mandate to adopt numeric nutrient criteria
 2732  under s. 303(c)(4)(B) of the Clean Water Act:
 2733         (a) All site-specific numeric nutrient criteria established
 2734  pursuant to subsection (5).
 2735         (b) The site-specific numeric nutrient criteria
 2736  methodology, planning list, and schedule developed in accordance
 2737  with subsection (3).
 2738         (c) The schedule for developing site-specific numeric
 2739  nutrient criteria in accordance with paragraph (4) of this
 2740  section.
 2741  
 2742  The submission of these standards to the Environmental
 2743  Protection Agency shall be a ministerial act that is not subject
 2744  to challenge under section 120.
 2745         (3) The department shall use the following methodology for
 2746  developing site-specific numeric nutrient criteria for Florida
 2747  streams:
 2748         (a) Categorize all streams into the basins established
 2749  pursuant to s. 403.067.
 2750         (b) Prioritize all streams for establishing numeric
 2751  nutrient criteria with highest priority given to nutrient
 2752  impaired waters, followed by unimpaired nutrient-sensitive
 2753  waters, and waters that flow into nutrient-sensitive waters. The
 2754  department may also consider the nutrient concentrations of the
 2755  waters and level of potential anthropogenic influence on the
 2756  waters.
 2757         (c) Develop a planning list and schedule for adopting site
 2758  specific numeric nutrient criteria in accordance with paragraphs
 2759  (3)(a) and (b).
 2760         (d) Adopt by rule site-specific numeric nutrient criteria
 2761  for identified water bodies at the nutrient levels at which the
 2762  water bodies will exhibit imbalances of naturally occurring
 2763  populations of flora and fauna.
 2764         (e) Nutrient criteria may be expressed in terms of
 2765  concentration, mass loading, load allocation, or surrogate
 2766  standards, such as chlorophyll-a, and may be supplemented by
 2767  narrative statements.
 2768         (f) For any waters identified as impaired pursuant to the
 2769  department’s impaired waters rule, any nutrient total maximum
 2770  daily loads established in accordance with s. 403.067 shall be
 2771  submitted to the Environmental Protection Agency in accordance
 2772  with ss. 303(c) and 303(d) of the Clean Water Act, subject to
 2773  the conditions of s. 403.067 and paragraph (d).
 2774         (4) The department shall use the following methodology for
 2775  developing site-specific numeric nutrient criteria for Florida
 2776  lakes and springs:
 2777         (a) The department shall propose for adoption by rule site
 2778  specific numeric nutrient criteria for all first and second
 2779  magnitude Florida springs by January 31, 2011.
 2780         (b)The department shall propose for adoption by rule site
 2781  specific numeric nutrient criteria for Florida lakes by July 31,
 2782  2011.
 2783         (c) Criteria developed in accordance with this paragraph
 2784  shall be subject to paragraphs (3)(d)-(f) and paragraph (5)(a).
 2785         (5) The following nutrient standards shall constitute site
 2786  specific numeric nutrient water quality criteria:
 2787         (a) All nutrient total maximum daily loads and associated
 2788  numeric interpretations of the narrative nutrient criterion,
 2789  whether total nitrogen, total phosphorus, or a surrogate
 2790  nutrient standard, such as chlorophyll-a, biological demand, or
 2791  specific biological metric, developed by the department and
 2792  approved by the Environmental Protection Agency as of March 1,
 2793  2010, subject to the requirements of s. 403.067.
 2794         (b) The total nitrogen load allocations for Tampa Bay and
 2795  its bay segments, as defined in the Reasonable Assurance
 2796  demonstration submitted by the Nitrogen Management Consortium of
 2797  Tampa Bay, as approved by the department.
 2798         (c) The establishment of these standards shall not affect a
 2799  person’s right to challenge the standards as an existing rule
 2800  pursuant to s. 120.56.
 2801         (6) The site-specific numeric nutrient criteria established
 2802  in subsection (5), the methodology for developing site-specific
 2803  numeric nutrient criteria for Florida streams as delineated in
 2804  subsection (3), the planning list and schedule developed in
 2805  accordance with paragraph (3)(c), and the schedule for
 2806  developing site-specific numeric nutrient criteria for Florida
 2807  springs and lakes in subsection (4) prepared by the department
 2808  under this subsection shall be made available for public comment
 2809  prior to the department’s submission of these standards to the
 2810  Environmental Protection Agency, but shall not be subject to
 2811  challenge under chapter 120.
 2812         (7) If the Environmental Protection Agency disapproves,
 2813  approves in part, or conditions its approval of the site
 2814  specific numeric nutrient criteria established in subsection
 2815  (5), the methodology for developing site-specific numeric
 2816  nutrient criteria for Florida streams as delineated in paragraph
 2817  (3), the planning list developed in accordance with paragraph
 2818  (3)(c), or the schedule for developing site-specific numeric
 2819  nutrient criteria for Florida springs and lakes in subsection
 2820  (4) as satisfying s. 303(c)(4)(B) of the Clean Water Act, those
 2821  numeric nutrient standards shall not be effective until ratified
 2822  by the Legislature.
 2823         (8) Prior to adopting additional or more stringent water
 2824  quality standards or criteria applicable to manmade lakes,
 2825  canals or ditches, or streams converted to canals before 1975,
 2826  the Environmental Regulation Commission shall determine the
 2827  aquatic life support and habitat limitations of these waters and
 2828  adopt appropriate classifications or sub-classifications for
 2829  them, together with appropriate designated uses based upon their
 2830  physical and hydrologic characteristics. Any new standards or
 2831  criteria for these waters so classified shall be based upon a
 2832  determination that the standards or criteria are necessary for
 2833  the control of pollution and needed to protect against adverse
 2834  effects of pollution on aquatic life reasonably anticipated in
 2835  these manmade or modified waters. In order to facilitate the
 2836  adoption of site-specific numeric nutrient criteria for these
 2837  waters, the department shall propose for adoption by rule a new
 2838  designated use classification or classifications for these
 2839  waters by October 31, 2010.
 2840         (9) The department shall, when conducting its next
 2841  triennial review of water quality criteria after the effective
 2842  date of this Act, review the numeric nutrient criteria
 2843  established pursuant to paragraph (5)(a) to verify compliance
 2844  with paragraph (3)(d).
 2845         Section 36. Subsection (1) of section 215.619, Florida
 2846  Statutes, is amended to read:
 2847         215.619 Bonds for Everglades restoration.—
 2848         (1) The issuance of Everglades restoration bonds to finance
 2849  or refinance the cost of the acquisition and improvement of
 2850  land, water areas, and related property interests and resources
 2851  for the purpose of implementing the Comprehensive Everglades
 2852  Restoration Plan under s. 373.470, the Lake Okeechobee Watershed
 2853  Protection Plan under s. 373.4595, the Caloosahatchee River
 2854  Watershed Protection Plan under s. 373.4595, the St. Lucie River
 2855  Watershed Protection Plan under s. 373.4595, and the Florida
 2856  Keys Area of Critical State Concern protection program under ss.
 2857  380.05 and 380.0552 in order to restore and conserve natural
 2858  systems through the implementation of water management projects,
 2859  including wastewater management projects identified in the Keys
 2860  Wastewater Plan, dated November 2007, and submitted to the
 2861  Florida House of Representatives on December 4, 2007, is
 2862  authorized in accordance with s. 11(e), Art. VII of the State
 2863  Constitution.
 2864         (a) Everglades restoration bonds, except refunding bonds,
 2865  may be issued only in fiscal years 2002-2003 through 2019-2020
 2866  and may not be issued in an amount exceeding $100 million per
 2867  fiscal year unless:
 2868         1.(a) The Department of Environmental Protection has
 2869  requested additional amounts in order to achieve cost savings or
 2870  accelerate the purchase of land; or
 2871         2.(b) The Legislature authorizes an additional amount of
 2872  bonds not to exceed $200 and limited to $50 million per fiscal
 2873  year, for no more than 4 fiscal years, specifically for the
 2874  purpose of funding the Florida Keys Area of Critical State
 2875  Concern protection program. Proceeds from the bonds shall be
 2876  managed by the Department of Environmental Protection for the
 2877  purpose of entering into financial assistance agreements with
 2878  local governments located in the Florida Keys Area of Critical
 2879  State Concern to finance or refinance the cost of constructing
 2880  sewage collection, treatment, and disposal facilities.
 2881         (b) The duration of Everglades restoration bonds may not
 2882  exceed 20 annual maturities, and those bonds must mature by
 2883  December 31, 2040. Except for refunding bonds, a series of bonds
 2884  may not be issued unless an amount equal to the debt service
 2885  coming due in the year of issuance has been appropriated by the
 2886  Legislature. Beginning July 1, 2010, the Legislature shall
 2887  analyze the ratio of the state’s debt to projected revenues
 2888  before authorizing the issuance of prior to the authorization to
 2889  issue any bonds under this section.
 2890         Section 37. Subsections (2), (4), (7), and (9) of section
 2891  380.0552, Florida Statutes, are amended to read:
 2892         380.0552 Florida Keys Area; protection and designation as
 2893  area of critical state concern.—
 2894         (2) LEGISLATIVE INTENT.—It is hereby declared that the
 2895  intent of the Legislature to is:
 2896         (a) To Establish a land use management system that protects
 2897  the natural environment of the Florida Keys.
 2898         (b) To Establish a land use management system that
 2899  conserves and promotes the community character of the Florida
 2900  Keys.
 2901         (c) To Establish a land use management system that promotes
 2902  orderly and balanced growth in accordance with the capacity of
 2903  available and planned public facilities and services.
 2904         (d) To Provide for affordable housing in close proximity to
 2905  places of employment in the Florida Keys.
 2906         (e) To Establish a land use management system that promotes
 2907  and supports a diverse and sound economic base.
 2908         (f) To Protect the constitutional rights of property owners
 2909  to own, use, and dispose of their real property.
 2910         (g) To Promote coordination and efficiency among
 2911  governmental agencies that have with permitting jurisdiction
 2912  over land use activities in the Florida Keys.
 2913         (h) Promote an appropriate land acquisition and protection
 2914  strategy for environmentally sensitive lands within the Florida
 2915  Keys.
 2916         (i) Protect and improve the nearshore water quality of the
 2917  Florida Keys through the construction and operation of
 2918  wastewater management facilities that meet the requirements of
 2919  ss. 381.0065(4)(l) and 403.086(10), as applicable.
 2920         (j) Ensure that the population of the Florida Keys can be
 2921  safely evacuated.
 2922         (4) REMOVAL OF DESIGNATION.—
 2923         (a) Between July 12, 2008, and August 30, 2008, the state
 2924  land planning agency shall submit a written report to the
 2925  Administration Commission describing in detail the progress of
 2926  the Florida Keys Area toward accomplishing the tasks of the work
 2927  program as defined in paragraph (c) and providing a
 2928  recommendation as to whether substantial progress toward
 2929  accomplishing the tasks of the work program has been achieved.
 2930  Subsequent to receipt of the report, the Administration
 2931  Commission shall determine, prior to October 1, 2008, whether
 2932  substantial progress has been achieved toward accomplishing the
 2933  tasks of the work program. The designation of the Florida Keys
 2934  Area as an area of critical state concern under this section may
 2935  be recommended for removal upon fulfilling the legislative
 2936  intent under subsection (2) and completion of all the work
 2937  program tasks specified in rules of the Administration
 2938  Commission shall be removed October 1, 2009, unless the
 2939  Administration Commission finds, after receipt of the state land
 2940  planning agency report, that substantial progress has not been
 2941  achieved toward accomplishing the tasks of the work program. If
 2942  the designation of the Florida Keys Area as an area of critical
 2943  state concern is removed, the Administration Commission, within
 2944  60 days after removal of the designation, shall initiate
 2945  rulemaking pursuant to chapter 120 to repeal any rules relating
 2946  to the designation of the Florida Keys Area as an area of
 2947  critical state concern. If, after receipt of the state land
 2948  planning agency’s report, the Administration Commission finds
 2949  that substantial progress toward accomplishing the tasks of the
 2950  work program has not been achieved, the Administration
 2951  Commission shall provide a written report to the Monroe County
 2952  Commission within 30 days after making such finding detailing
 2953  the tasks under the work program that must be accomplished in
 2954  order for substantial progress to be achieved within the next 12
 2955  months.
 2956         (b) Beginning November 30, 2010, the state land planning
 2957  agency shall annually submit a written report to the
 2958  Administration Commission describing the progress of the Florida
 2959  Keys Area toward completing the work program tasks specified in
 2960  commission rules. The land planning agency shall recommend
 2961  removing the Florida Keys Area from being designated as an area
 2962  of critical state concern to the commission if it determines
 2963  that:
 2964         1. All of the work program tasks have been completed,
 2965  including construction of, operation of, and connection to
 2966  central wastewater management facilities pursuant to s.
 2967  403.086(10) and upgrade of onsite sewage treatment and disposal
 2968  systems pursuant to s. 381.0065(4)(l);
 2969         2. All local comprehensive plans and land development
 2970  regulations and the administration of such plans and regulations
 2971  are adequate to protect the Florida Keys Area, fulfill the
 2972  legislative intent specified in subsection (2), and are
 2973  consistent with and further the principles guiding development;
 2974  and
 2975         3. A local government has adopted a resolution at a public
 2976  hearing recommending the removal of the designation.
 2977         (b) If the designation of the Florida Keys Area as an area
 2978  of critical state concern is not removed in accordance with
 2979  paragraph (a), the state land planning agency shall submit a
 2980  written annual report to the Administration Commission on
 2981  November 1 of each year, until such time as the designation is
 2982  removed, describing the progress of the Florida Keys Area toward
 2983  accomplishing remaining tasks under the work program and
 2984  providing a recommendation as to whether substantial progress
 2985  toward accomplishing the tasks of the work program has been
 2986  achieved. The Administration Commission shall determine, within
 2987  45 days after receipt of the annual report, whether substantial
 2988  progress has been achieved toward accomplishing the remaining
 2989  tasks of the work program. The designation of the Florida Keys
 2990  Area as an area of critical state concern under this section
 2991  shall be removed unless the Administration Commission finds that
 2992  substantial progress has not been achieved toward accomplishing
 2993  the tasks of the work program. If the designation of the Florida
 2994  Keys Area as an area of critical state concern is removed, the
 2995  Administration Commission, within 60 days after removal of the
 2996  designation, shall initiate rulemaking pursuant to chapter 120
 2997  to repeal any rules relating to the designation of the Florida
 2998  Keys Area as an area of critical state concern. If the
 2999  Administration Commission finds that substantial progress has
 3000  not been achieved, the Administration Commission shall provide
 3001  to the Monroe County Commission, within 30 days after making its
 3002  finding, a report detailing the tasks under the work program
 3003  that must be accomplished in order for substantial progress to
 3004  be achieved within the next 12 months.
 3005         (c) After receipt of the state land planning agency report
 3006  and recommendation, the Administration Commission shall
 3007  determine whether the requirements have been fulfilled and may
 3008  remove the designation of the Florida Keys as an area of
 3009  critical state concern. If the commission removes the
 3010  designation, it shall initiate rulemaking to repeal any rules
 3011  relating such designation within 60 days. If, after receipt of
 3012  the state land planning agency’s report and recommendation, the
 3013  commission finds that the requirements for recommending removal
 3014  of designation have not been met, the commission shall provide a
 3015  written report to the local governments within 30 days after
 3016  making such a finding detailing the tasks that must be completed
 3017  by the local government.
 3018         (c) For purposes of this subsection, the term “work
 3019  program” means the 10-year work program as set forth in rule 28
 3020  20.110, Florida Administrative Code, on January 1, 2006,
 3021  excluding amendments to the work program that take effect after
 3022  January 1, 2006.
 3023         (d) The determination of the Administration Commission’s
 3024  determination concerning the removal of the designation of the
 3025  Florida Keys as an area of critical state concern Commission as
 3026  to whether substantial progress has been made toward
 3027  accomplishing the tasks of the work program may be judicially
 3028  reviewed pursuant to chapter 120 86. All proceedings shall be
 3029  conducted by the Division of Administrative Hearings and must be
 3030  initiated within 30 days after the commission issues its
 3031  determination in the circuit court of the judicial circuit where
 3032  the Administration Commission maintains its headquarters and
 3033  shall be initiated within 30 days after rendition of the
 3034  Administration Commission’s determination. The Administration
 3035  Commission’s determination as to whether substantial progress
 3036  has been made toward accomplishing the tasks of the work program
 3037  shall be upheld if it is supported by competent and substantial
 3038  evidence and shall not be subject to administrative review under
 3039  chapter 120.
 3040         (e) After removal of the designation of the Florida Keys as
 3041  an area of critical state concern, the state land planning
 3042  agency shall review proposed local comprehensive plans, and any
 3043  amendments to existing comprehensive plans, which are applicable
 3044  to the Florida Keys Area, the boundaries of which were described
 3045  in chapter 28-29, Florida Administrative Code, as of January 1,
 3046  2006, for compliance with subparagraphs 1. and 2., in addition
 3047  to reviewing proposed local comprehensive plans and amendments
 3048  for compliance as defined in s. 163.3184. All procedures and
 3049  penalties described in s. 163.3184 apply to the review conducted
 3050  pursuant to this paragraph.
 3051         1. Adoption of construction schedules for wastewater
 3052  facilities improvements in the annually adopted capital
 3053  improvements element and adoption of standards for the
 3054  construction of wastewater treatment facilities which meet or
 3055  exceed the criteria of chapter 99-395, Laws of Florida.
 3056         2. Adoption of goals, objectives, and policies to protect
 3057  public safety and welfare in the event of a natural disaster by
 3058  maintaining a hurricane evacuation clearance time for permanent
 3059  residents of no more than 24 hours. The hurricane evacuation
 3060  clearance time shall be determined by a hurricane evacuation
 3061  study conducted in accordance with a professionally accepted
 3062  methodology and approved by the state land planning agency.
 3063         (f) The Administration Commission may adopt rules or revise
 3064  existing rules as necessary to administer this subsection.
 3065         (7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional,
 3066  and local agencies and units of government in the Florida Keys
 3067  Area shall coordinate their plans and conduct their programs and
 3068  regulatory activities consistent with the principles for guiding
 3069  development as specified set forth in chapter 27F-8, Florida
 3070  Administrative Code, as amended effective August 23, 1984, which
 3071  chapter is hereby adopted and incorporated herein by reference.
 3072  For the purposes of reviewing the consistency of the adopted
 3073  plan, or any amendments to that plan, with the principles for
 3074  guiding development, and any amendments to the principles, the
 3075  principles shall be construed as a whole and no specific
 3076  provisions may not provision shall be construed or applied in
 3077  isolation from the other provisions. However, the principles for
 3078  guiding development as set forth in chapter 27F-8, Florida
 3079  Administrative Code, as amended effective August 23, 1984, are
 3080  repealed 18 months from July 1, 1986. After repeal, the
 3081  following shall be the principles with which any plan amendments
 3082  must be consistent with the following principles:
 3083         (a) Strengthening To strengthen local government
 3084  capabilities for managing land use and development so that local
 3085  government is able to achieve these objectives without
 3086  continuing the continuation of the area of critical state
 3087  concern designation.
 3088         (b) Protecting To protect shoreline and marine resources,
 3089  including mangroves, coral reef formations, seagrass beds,
 3090  wetlands, fish and wildlife, and their habitat.
 3091         (c) Protecting To protect upland resources, tropical
 3092  biological communities, freshwater wetlands, native tropical
 3093  vegetation (for example, hardwood hammocks and pinelands), dune
 3094  ridges and beaches, wildlife, and their habitat.
 3095         (d) Ensuring To ensure the maximum well-being of the
 3096  Florida Keys and its citizens through sound economic
 3097  development.
 3098         (e) Limiting To limit the adverse impacts of development on
 3099  the quality of water throughout the Florida Keys.
 3100         (f) Enhancing To enhance natural scenic resources,
 3101  promoting promote the aesthetic benefits of the natural
 3102  environment, and ensuring ensure that development is compatible
 3103  with the unique historic character of the Florida Keys.
 3104         (g) Protecting To protect the historical heritage of the
 3105  Florida Keys.
 3106         (h) Protecting To protect the value, efficiency, cost
 3107  effectiveness, and amortized life of existing and proposed major
 3108  public investments, including:
 3109         1. The Florida Keys Aqueduct and water supply facilities;
 3110         2. Sewage collection, treatment, and disposal facilities;
 3111         3. Solid waste treatment, collection, and disposal
 3112  facilities;
 3113         4. Key West Naval Air Station and other military
 3114  facilities;
 3115         5. Transportation facilities;
 3116         6. Federal parks, wildlife refuges, and marine sanctuaries;
 3117         7. State parks, recreation facilities, aquatic preserves,
 3118  and other publicly owned properties;
 3119         8. City electric service and the Florida Keys Electric Co
 3120  op; and
 3121         9. Other utilities, as appropriate.
 3122         (i) Protecting and improving water quality by providing for
 3123  the construction, operation, maintenance, and replacement of
 3124  stormwater management facilities; central sewage collection;
 3125  treatment and disposal facilities; and the installation and
 3126  proper operation and maintenance of onsite sewage treatment and
 3127  disposal systems.
 3128         (j) Ensuring the improvement of nearshore water quality by
 3129  requiring the construction and operation of wastewater
 3130  management facilities that meet the requirements of s.
 3131  381.0065(4)(l) and s. 403.086(10), as applicable, and by
 3132  directing growth to areas served by central wastewater treatment
 3133  facilities through permit allocation systems.
 3134         (k)(i)Limiting To limit the adverse impacts of public
 3135  investments on the environmental resources of the Florida Keys.
 3136         (l)(j)Making To make available adequate affordable housing
 3137  for all sectors of the population of the Florida Keys.
 3138         (m)(k)Providing To provide adequate alternatives for the
 3139  protection of public safety and welfare in the event of a
 3140  natural or manmade disaster and for a postdisaster
 3141  reconstruction plan.
 3142         (n)(l)Protecting To protect the public health, safety, and
 3143  welfare of the citizens of the Florida Keys and maintain the
 3144  Florida Keys as a unique Florida resource.
 3145         (9) MODIFICATION TO PLANS AND REGULATIONS.—
 3146         (a) Any land development regulation or element of a local
 3147  comprehensive plan in the Florida Keys Area may be enacted,
 3148  amended, or rescinded by a local government, but the enactment,
 3149  amendment, or rescission becomes shall become effective only
 3150  upon the approval thereof by the state land planning agency. The
 3151  state land planning agency shall review the proposed change to
 3152  determine if it is in compliance with the principles for guiding
 3153  development specified set forth in chapter 27F-8, Florida
 3154  Administrative Code, as amended effective August 23, 1984, and
 3155  must shall either approve or reject the requested changes within
 3156  60 days after of receipt thereof. Amendments to local
 3157  comprehensive plans in the Florida Keys Area must also be
 3158  reviewed for compliance with the following:
 3159         1. Construction schedules and detailed capital financing
 3160  plans for wastewater management improvements in the annually
 3161  adopted capital improvements element, and standards for the
 3162  construction of wastewater treatment and disposal facilities or
 3163  collection systems that meet or exceed the criteria in s.
 3164  403.086(10) for wastewater treatment and disposal facilities or
 3165  s. 381.0065(4)(l) for onsite sewage treatment and disposal
 3166  systems.
 3167         2. Goals, objectives, and policies to protect public safety
 3168  and welfare in the event of a natural disaster by maintaining a
 3169  hurricane evacuation clearance time for permanent residents of
 3170  no more than 24 hours. The hurricane evacuation clearance time
 3171  shall be determined by a hurricane evacuation study conducted in
 3172  accordance with a professionally accepted methodology and
 3173  approved by the state land planning agency.
 3174         (b)Further, The state land planning agency, after
 3175  consulting with the appropriate local government, may, no more
 3176  often than once per a year, recommend to the Administration
 3177  Commission the enactment, amendment, or rescission of a land
 3178  development regulation or element of a local comprehensive plan.
 3179  Within 45 days following the receipt of such recommendation by
 3180  the state land planning agency, the commission shall reject the
 3181  recommendation, or accept it with or without modification and
 3182  adopt it, by rule, including any changes. Any Such local
 3183  development regulation or plan must shall be in compliance with
 3184  the principles for guiding development.
 3185         Section 38. Section 381.0065, Florida Statutes, is amended
 3186  to read:
 3187         381.0065 Onsite sewage treatment and disposal systems;
 3188  regulation.—
 3189         (1) LEGISLATIVE INTENT.—
 3190         (a) It is the intent of the Legislature that proper
 3191  management of onsite sewage treatment and disposal systems in
 3192  paramount to the health, safety and welfare of the public. It is
 3193  further the intent of the Legislature that local governments
 3194  shall create a legal authority, either entirely within their
 3195  jurisdiction, by interlocal agreement pursuant to s. 163.01, or
 3196  by a public-private partnership for the purpose of providing
 3197  management services to ensure the management and operation of
 3198  onsite sewage treatment and disposal systems in their
 3199  jurisdiction.
 3200         (b) It is the intent of the Legislature that where a
 3201  publicly owned or investor-owned sewerage system is not
 3202  available, the department shall issue permits for the
 3203  construction, installation, modification, abandonment, or repair
 3204  of onsite sewage treatment and disposal systems under conditions
 3205  as described in this section and rules adopted under this
 3206  section. It is further the intent of the Legislature that the
 3207  installation and use of onsite sewage treatment and disposal
 3208  systems not adversely affect the public health or significantly
 3209  degrade the groundwater or surface water.
 3210         (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
 3211  term:
 3212         (a) “Available,” as applied to a publicly owned or
 3213  investor-owned sewerage system, means that the publicly owned or
 3214  investor-owned sewerage system is capable of being connected to
 3215  the plumbing of an establishment or residence, is not under a
 3216  Department of Environmental Protection moratorium, and has
 3217  adequate permitted capacity to accept the sewage to be generated
 3218  by the establishment or residence; and:
 3219         1. For a residential subdivision lot, a single-family
 3220  residence, or an establishment, any of which has an estimated
 3221  sewage flow of 1,000 gallons per day or less, a gravity sewer
 3222  line to maintain gravity flow from the property’s drain to the
 3223  sewer line, or a low pressure or vacuum sewage collection line
 3224  in those areas approved for low pressure or vacuum sewage
 3225  collection, exists in a public easement or right-of-way that
 3226  abuts the property line of the lot, residence, or establishment.
 3227         2. For an establishment with an estimated sewage flow
 3228  exceeding 1,000 gallons per day, a sewer line, force main, or
 3229  lift station exists in a public easement or right-of-way that
 3230  abuts the property of the establishment or is within 50 feet of
 3231  the property line of the establishment as accessed via existing
 3232  rights-of-way or easements.
 3233         3. For proposed residential subdivisions with more than 50
 3234  lots, for proposed commercial subdivisions with more than 5
 3235  lots, and for areas zoned or used for an industrial or
 3236  manufacturing purpose or its equivalent, a sewerage system
 3237  exists within one-fourth mile of the development as measured and
 3238  accessed via existing easements or rights-of-way.
 3239         4. For repairs or modifications within areas zoned or used
 3240  for an industrial or manufacturing purpose or its equivalent, a
 3241  sewerage system exists within 500 feet of an establishment’s or
 3242  residence’s sewer stub-out as measured and accessed via existing
 3243  rights-of-way or easements.
 3244         (b) “Blackwater” means that part of domestic sewage carried
 3245  off by toilets, urinals, and kitchen drains.
 3246         (c) “Domestic sewage” means human body waste and
 3247  wastewater, including bath and toilet waste, residential laundry
 3248  waste, residential kitchen waste, and other similar waste from
 3249  appurtenances at a residence or establishment.
 3250         (d) “Evaluation” means the determination of compliance with
 3251  all existing construction, design, installation, and operational
 3252  standards of onsite sewage treatment and disposal system
 3253  pursuant to this section.
 3254         (e)(d) “Graywater” means that part of domestic sewage that
 3255  is not blackwater, including waste from the bath, lavatory,
 3256  laundry, and sink, except kitchen sink waste.
 3257         (f)(e) “Florida Keys” means those islands of the state
 3258  located within the boundaries of Monroe County.
 3259         (g)(f) “Injection well” means an open vertical hole at
 3260  least 90 feet in depth, cased and grouted to at least 60 feet in
 3261  depth which is used to dispose of effluent from an onsite sewage
 3262  treatment and disposal system.
 3263         (h)(g) “Innovative system” means an onsite sewage treatment
 3264  and disposal system that, in whole or in part, employs
 3265  materials, devices, or techniques that are novel or unique and
 3266  that have not been successfully field-tested under sound
 3267  scientific and engineering principles under climatic and soil
 3268  conditions found in this state.
 3269         (i)(h) “Lot” means a parcel or tract of land described by
 3270  reference to recorded plats or by metes and bounds, or the least
 3271  fractional part of subdivided lands having limited fixed
 3272  boundaries or an assigned number, letter, or any other legal
 3273  description by which it can be identified.
 3274         (j)(i) “Mean annual flood line” means the elevation
 3275  determined by calculating the arithmetic mean of the elevations
 3276  of the highest yearly flood stage or discharge for the period of
 3277  record, to include at least the most recent 10-year period. If
 3278  at least 10 years of data is not available, the mean annual
 3279  flood line shall be as determined based upon the data available
 3280  and field verification conducted by a certified professional
 3281  surveyor and mapper with experience in the determination of
 3282  flood water elevation lines or, at the option of the applicant,
 3283  by department personnel. Field verification of the mean annual
 3284  flood line shall be performed using a combination of those
 3285  indicators listed in subparagraphs 1.-7. that are present on the
 3286  site, and that reflect flooding that recurs on an annual basis.
 3287  In those situations where any one or more of these indicators
 3288  reflect a rare or aberrant event, such indicator or indicators
 3289  shall not be utilized in determining the mean annual flood line.
 3290  The indicators that may be considered are:
 3291         1. Water stains on the ground surface, trees, and other
 3292  fixed objects;
 3293         2. Hydric adventitious roots;
 3294         3. Drift lines;
 3295         4. Rafted debris;
 3296         5. Aquatic mosses and liverworts;
 3297         6. Moss collars; and
 3298         7. Lichen lines.
 3299         (k)(j) “Onsite sewage treatment and disposal system” means
 3300  a system that contains a standard subsurface, filled, or mound
 3301  drainfield system; an aerobic treatment unit; a graywater system
 3302  tank; a laundry wastewater system tank; a septic tank; a grease
 3303  interceptor; a pump tank; a solids or effluent pump; a
 3304  waterless, incinerating, or organic waste-composting toilet; or
 3305  a sanitary pit privy that is installed or proposed to be
 3306  installed beyond the building sewer on land of the owner or on
 3307  other land to which the owner has the legal right to install a
 3308  system. The term includes any item placed within, or intended to
 3309  be used as a part of or in conjunction with, the system. This
 3310  term does not include package sewage treatment facilities and
 3311  other treatment works regulated under chapter 403.
 3312         (l)(k) “Permanent nontidal surface water body” means a
 3313  perennial stream, a perennial river, an intermittent stream, a
 3314  perennial lake, a submerged marsh or swamp, a submerged wooded
 3315  marsh or swamp, a spring, or a seep, as identified on the most
 3316  recent quadrangle map, 7.5 minute series (topographic), produced
 3317  by the United States Geological Survey, or products derived from
 3318  that series. “Permanent nontidal surface water body” shall also
 3319  mean an artificial surface water body that does not have an
 3320  impermeable bottom and side and that is designed to hold, or
 3321  does hold, visible standing water for at least 180 days of the
 3322  year. However, a nontidal surface water body that is drained,
 3323  either naturally or artificially, where the intent or the result
 3324  is that such drainage be temporary, shall be considered a
 3325  permanent nontidal surface water body. A nontidal surface water
 3326  body that is drained of all visible surface water, where the
 3327  lawful intent or the result of such drainage is that such
 3328  drainage will be permanent, shall not be considered a permanent
 3329  nontidal surface water body. The boundary of a permanent
 3330  nontidal surface water body shall be the mean annual flood line.
 3331         (m)(l) “Potable water line” means any water line that is
 3332  connected to a potable water supply source, but the term does
 3333  not include an irrigation line with any of the following types
 3334  of backflow devices:
 3335         1. For irrigation systems into which chemicals are not
 3336  injected, any atmospheric or pressure vacuum breaker or double
 3337  check valve or any detector check assembly.
 3338         2. For irrigation systems into which chemicals such as
 3339  fertilizers, pesticides, or herbicides are injected, any reduced
 3340  pressure backflow preventer.
 3341         (n) “Responsible management entity” means a legal authority
 3342  created by local governments, either entirely within their
 3343  jurisdiction, by interlocal agreement pursuant to s. 163.01, or
 3344  by a public-private partnership responsible for providing
 3345  management services to ensure the management and operation of
 3346  onsite sewage treatment and disposal systems in their
 3347  jurisdiction.
 3348         (o)(m) “Septage” means a mixture of sludge, fatty
 3349  materials, human feces, and wastewater removed during the
 3350  pumping of an onsite sewage treatment and disposal system.
 3351         (p)(n) “Subdivision” means, for residential use, any tract
 3352  or plot of land divided into two or more lots or parcels of
 3353  which at least one is 1 acre or less in size for sale, lease, or
 3354  rent. A subdivision for commercial or industrial use is any
 3355  tract or plot of land divided into two or more lots or parcels
 3356  of which at least one is 5 acres or less in size and which is
 3357  for sale, lease, or rent. A subdivision shall be deemed to be
 3358  proposed until such time as an application is submitted to the
 3359  local government for subdivision approval or, in those areas
 3360  where no local government subdivision approval is required,
 3361  until such time as a plat of the subdivision is recorded.
 3362         (q)(o) “Tidally influenced surface water body” means a body
 3363  of water that is subject to the ebb and flow of the tides and
 3364  has as its boundary a mean high-water line as defined by s.
 3365  177.27(15).
 3366         (r)(p) “Toxic or hazardous chemical” means a substance that
 3367  poses a serious danger to human health or the environment.
 3368         (3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The
 3369  department shall:
 3370         (a) Adopt rules to administer ss. 381.0065-381.0067,
 3371  including definitions that are consistent with the definitions
 3372  in this section, decreases to setback requirements where no
 3373  health hazard exists, increases for the lot-flow allowance for
 3374  performance-based systems, requirements for separation from
 3375  water table elevation during the wettest season, requirements
 3376  for the design and construction of any component part of an
 3377  onsite sewage treatment and disposal system, application and
 3378  permit requirements for persons who maintain an onsite sewage
 3379  treatment and disposal system, requirements for maintenance and
 3380  service agreements for aerobic treatment units and performance
 3381  based treatment systems, and recommended standards, including
 3382  disclosure requirements, for voluntary system inspections to be
 3383  performed by individuals who are authorized by law to perform
 3384  such inspections and who shall inform a person having ownership,
 3385  control, or use of an onsite sewage treatment and disposal
 3386  system of the inspection standards and of that person’s
 3387  authority to request an inspection based on all or part of the
 3388  standards.
 3389         (b) Perform application reviews and site evaluations, issue
 3390  permits, and conduct inspections and complaint investigations
 3391  associated with the construction, installation, maintenance,
 3392  modification, abandonment, operation, use, or repair of an
 3393  onsite sewage treatment and disposal system for a residence or
 3394  establishment with an estimated domestic sewage flow of 10,000
 3395  gallons or less per day, or an estimated commercial sewage flow
 3396  of 5,000 gallons or less per day, which is not currently
 3397  regulated under chapter 403.
 3398         (c) Develop a comprehensive program to ensure that onsite
 3399  sewage treatment and disposal systems regulated by the
 3400  department are sized, designed, constructed, installed,
 3401  repaired, modified, abandoned, used, operated, and maintained in
 3402  compliance with this section and rules adopted under this
 3403  section to prevent groundwater contamination and surface water
 3404  contamination and to preserve the public health. The department
 3405  is the final administrative interpretive authority regarding
 3406  rule interpretation. In the event of a conflict regarding rule
 3407  interpretation, the Division Director for Environmental Health
 3408  of the department, or his or her designee, shall timely assign a
 3409  staff person to resolve the dispute.
 3410         (d) Grant variances in hardship cases under the conditions
 3411  prescribed in this section and rules adopted under this section.
 3412         (e) Permit the use of a limited number of innovative
 3413  systems for a specific period of time, when there is compelling
 3414  evidence that the system will function properly and reliably to
 3415  meet the requirements of this section and rules adopted under
 3416  this section.
 3417         (f) Issue annual operating permits under this section.
 3418         (g) Establish and collect fees as established under s.
 3419  381.0066 for services provided with respect to onsite sewage
 3420  treatment and disposal systems.
 3421         (h) Conduct enforcement activities, including imposing
 3422  fines, issuing citations, suspensions, revocations, injunctions,
 3423  and emergency orders for violations of this section, part I of
 3424  chapter 386, or part III of chapter 489 or for a violation of
 3425  any rule adopted under this section, part I of chapter 386, or
 3426  part III of chapter 489.
 3427         (i) Provide or conduct education and training of department
 3428  personnel, service providers, and the public regarding onsite
 3429  sewage treatment and disposal systems.
 3430         (j) Supervise research on, demonstration of, and training
 3431  on the performance, environmental impact, and public health
 3432  impact of onsite sewage treatment and disposal systems within
 3433  this state. Research fees collected under s. 381.0066(2)(k) must
 3434  be used to develop and fund hands-on training centers designed
 3435  to provide practical information about onsite sewage treatment
 3436  and disposal systems to septic tank contractors, master septic
 3437  tank contractors, contractors, inspectors, engineers, and the
 3438  public and must also be used to fund research projects which
 3439  focus on improvements of onsite sewage treatment and disposal
 3440  systems, including use of performance-based standards and
 3441  reduction of environmental impact. Research projects shall be
 3442  initially approved by the technical review and advisory panel
 3443  and shall be applicable to and reflect the soil conditions
 3444  specific to Florida. Such projects shall be awarded through
 3445  competitive negotiation, using the procedures provided in s.
 3446  287.055, to public or private entities that have experience in
 3447  onsite sewage treatment and disposal systems in Florida and that
 3448  are principally located in Florida. Research projects shall not
 3449  be awarded to firms or entities that employ or are associated
 3450  with persons who serve on either the technical review and
 3451  advisory panel or the research review and advisory committee.
 3452         (k) Approve the installation of individual graywater
 3453  disposal systems in which blackwater is treated by a central
 3454  sewerage system.
 3455         (l) Regulate and permit the sanitation, handling,
 3456  treatment, storage, reuse, and disposal of byproducts from any
 3457  system regulated under this chapter and not regulated by the
 3458  Department of Environmental Protection.
 3459         (m) Permit and inspect portable or temporary toilet
 3460  services and holding tanks. The department shall review
 3461  applications, perform site evaluations, and issue permits for
 3462  the temporary use of holding tanks, privies, portable toilet
 3463  services, or any other toilet facility that is intended for use
 3464  on a permanent or nonpermanent basis, including facilities
 3465  placed on construction sites when workers are present. The
 3466  department may specify standards for the construction,
 3467  maintenance, use, and operation of any such facility for
 3468  temporary use.
 3469         (n) Regulate and permit maintenance entities for
 3470  performance-based treatment systems and aerobic treatment unit
 3471  systems. To ensure systems are maintained and operated according
 3472  to manufacturer’s specifications and designs, the department
 3473  shall establish by rule minimum qualifying criteria for
 3474  maintenance entities. The criteria shall include: training,
 3475  access to approved spare parts and components, access to
 3476  manufacturer’s maintenance and operation manuals, and service
 3477  response time. The maintenance entity shall employ a contractor
 3478  licensed under s. 489.105(3)(m), or part III of chapter 489, or
 3479  a state-licensed wastewater plant operator, who is responsible
 3480  for maintenance and repair of all systems under contract.
 3481         (o) By January 1, 2011, the department, in cooperation with
 3482  the Department of Community Affairs and the Department of
 3483  Environmental Protection, shall develop guidelines that assist
 3484  local governments with the creation of responsible management
 3485  entities. The development of these guidelines are not subject to
 3486  review under s. 381.0068. The guidelines shall include a method
 3487  or formula for equitably providing for and allocating fees for
 3488  administrative and management costs of responsible management
 3489  entities.
 3490         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
 3491  construct, repair, modify, abandon, or operate an onsite sewage
 3492  treatment and disposal system without first obtaining a permit
 3493  approved by the department. The department may issue permits to
 3494  carry out this section, but shall not make the issuance of such
 3495  permits contingent upon prior approval by the Department of
 3496  Environmental Protection, except that the issuance of a permit
 3497  for work seaward of the coastal construction control line
 3498  established under s. 161.053 shall be contingent upon receipt of
 3499  any required coastal construction control line permit from the
 3500  Department of Environmental Protection. A construction permit is
 3501  valid for 18 months from the issuance date and may be extended
 3502  by the department for one 90-day period under rules adopted by
 3503  the department. A repair permit is valid for 90 days from the
 3504  date of issuance. An operating permit must be obtained prior to
 3505  the use of any aerobic treatment unit or if the establishment
 3506  generates commercial waste. Buildings or establishments that use
 3507  an aerobic treatment unit or generate commercial waste shall be
 3508  inspected by the department at least annually to assure
 3509  compliance with the terms of the operating permit. The operating
 3510  permit for a commercial wastewater system is valid for 1 year
 3511  from the date of issuance and must be renewed annually. The
 3512  operating permit for an aerobic treatment unit is valid for 2
 3513  years from the date of issuance and must be renewed every 2
 3514  years. If all information pertaining to the siting, location,
 3515  and installation conditions or repair of an onsite sewage
 3516  treatment and disposal system remains the same, a construction
 3517  or repair permit for the onsite sewage treatment and disposal
 3518  system may be transferred to another person, if the transferee
 3519  files, within 60 days after the transfer of ownership, an
 3520  amended application providing all corrected information and
 3521  proof of ownership of the property. There is no fee associated
 3522  with the processing of this supplemental information. A person
 3523  may not contract to construct, modify, alter, repair, service,
 3524  abandon, or maintain any portion of an onsite sewage treatment
 3525  and disposal system without being registered under part III of
 3526  chapter 489. A property owner who personally performs
 3527  construction, maintenance, or repairs to a system serving his or
 3528  her own owner-occupied single-family residence is exempt from
 3529  registration requirements for performing such construction,
 3530  maintenance, or repairs on that residence, but is subject to all
 3531  permitting requirements. A municipality or political subdivision
 3532  of the state may not issue a building or plumbing permit for any
 3533  building that requires the use of an onsite sewage treatment and
 3534  disposal system unless the owner or builder has received a
 3535  construction permit for such system from the department. A
 3536  building or structure may not be occupied and a municipality,
 3537  political subdivision, or any state or federal agency may not
 3538  authorize occupancy until the department approves the final
 3539  installation of the onsite sewage treatment and disposal system.
 3540  A municipality or political subdivision of the state may not
 3541  approve any change in occupancy or tenancy of a building that
 3542  uses an onsite sewage treatment and disposal system until the
 3543  department has reviewed the use of the system with the proposed
 3544  change, approved the change, and amended the operating permit.
 3545         (a) Subdivisions and lots in which each lot has a minimum
 3546  area of at least one-half acre and either a minimum dimension of
 3547  100 feet or a mean of at least 100 feet of the side bordering
 3548  the street and the distance formed by a line parallel to the
 3549  side bordering the street drawn between the two most distant
 3550  points of the remainder of the lot may be developed with a water
 3551  system regulated under s. 381.0062 and onsite sewage treatment
 3552  and disposal systems, provided the projected daily sewage flow
 3553  does not exceed an average of 1,500 gallons per acre per day,
 3554  and provided satisfactory drinking water can be obtained and all
 3555  distance and setback, soil condition, water table elevation, and
 3556  other related requirements of this section and rules adopted
 3557  under this section can be met.
 3558         (b) Subdivisions and lots using a public water system as
 3559  defined in s. 403.852 may use onsite sewage treatment and
 3560  disposal systems, provided there are no more than four lots per
 3561  acre, provided the projected daily sewage flow does not exceed
 3562  an average of 2,500 gallons per acre per day, and provided that
 3563  all distance and setback, soil condition, water table elevation,
 3564  and other related requirements that are generally applicable to
 3565  the use of onsite sewage treatment and disposal systems are met.
 3566         (c) Notwithstanding paragraphs (a) and (b), for
 3567  subdivisions platted of record on or before October 1, 1991,
 3568  when a developer or other appropriate entity has previously made
 3569  or makes provisions, including financial assurances or other
 3570  commitments, acceptable to the Department of Health, that a
 3571  central water system will be installed by a regulated public
 3572  utility based on a density formula, private potable wells may be
 3573  used with onsite sewage treatment and disposal systems until the
 3574  agreed-upon densities are reached. In a subdivision regulated by
 3575  this paragraph, the average daily sewage flow may not exceed
 3576  2,500 gallons per acre per day. This section does not affect the
 3577  validity of existing prior agreements. After October 1, 1991,
 3578  the exception provided under this paragraph is not available to
 3579  a developer or other appropriate entity.
 3580         (d) Paragraphs (a) and (b) do not apply to any proposed
 3581  residential subdivision with more than 50 lots or to any
 3582  proposed commercial subdivision with more than 5 lots where a
 3583  publicly owned or investor-owned sewerage system is available.
 3584  It is the intent of this paragraph not to allow development of
 3585  additional proposed subdivisions in order to evade the
 3586  requirements of this paragraph.
 3587         (e) Onsite sewage treatment and disposal systems must not
 3588  be placed closer than:
 3589         1. Seventy-five feet from a private potable well.
 3590         2. Two hundred feet from a public potable well serving a
 3591  residential or nonresidential establishment having a total
 3592  sewage flow of greater than 2,000 gallons per day.
 3593         3. One hundred feet from a public potable well serving a
 3594  residential or nonresidential establishment having a total
 3595  sewage flow of less than or equal to 2,000 gallons per day.
 3596         4. Fifty feet from any nonpotable well.
 3597         5. Ten feet from any storm sewer pipe, to the maximum
 3598  extent possible, but in no instance shall the setback be less
 3599  than 5 feet.
 3600         6. Seventy-five feet from the mean high-water line of a
 3601  tidally influenced surface water body.
 3602         7. Seventy-five feet from the mean annual flood line of a
 3603  permanent nontidal surface water body.
 3604         8. Fifteen feet from the design high-water line of
 3605  retention areas, detention areas, or swales designed to contain
 3606  standing or flowing water for less than 72 hours after a
 3607  rainfall or the design high-water level of normally dry drainage
 3608  ditches or normally dry individual lot stormwater retention
 3609  areas.
 3610         (f) Except as provided under paragraphs (e) and (t), no
 3611  limitations shall be imposed by rule, relating to the distance
 3612  between an onsite disposal system and any area that either
 3613  permanently or temporarily has visible surface water.
 3614         (g) All provisions of this section and rules adopted under
 3615  this section relating to soil condition, water table elevation,
 3616  distance, and other setback requirements must be equally applied
 3617  to all lots, with the following exceptions:
 3618         1. Any residential lot that was platted and recorded on or
 3619  after January 1, 1972, or that is part of a residential
 3620  subdivision that was approved by the appropriate permitting
 3621  agency on or after January 1, 1972, and that was eligible for an
 3622  onsite sewage treatment and disposal system construction permit
 3623  on the date of such platting and recording or approval shall be
 3624  eligible for an onsite sewage treatment and disposal system
 3625  construction permit, regardless of when the application for a
 3626  permit is made. If rules in effect at the time the permit
 3627  application is filed cannot be met, residential lots platted and
 3628  recorded or approved on or after January 1, 1972, shall, to the
 3629  maximum extent possible, comply with the rules in effect at the
 3630  time the permit application is filed. At a minimum, however,
 3631  those residential lots platted and recorded or approved on or
 3632  after January 1, 1972, but before January 1, 1983, shall comply
 3633  with those rules in effect on January 1, 1983, and those
 3634  residential lots platted and recorded or approved on or after
 3635  January 1, 1983, shall comply with those rules in effect at the
 3636  time of such platting and recording or approval. In determining
 3637  the maximum extent of compliance with current rules that is
 3638  possible, the department shall allow structures and
 3639  appurtenances thereto which were authorized at the time such
 3640  lots were platted and recorded or approved.
 3641         2. Lots platted before 1972 are subject to a 50-foot
 3642  minimum surface water setback and are not subject to lot size
 3643  requirements. The projected daily flow for onsite sewage
 3644  treatment and disposal systems for lots platted before 1972 may
 3645  not exceed:
 3646         a. Two thousand five hundred gallons per acre per day for
 3647  lots served by public water systems as defined in s. 403.852.
 3648         b. One thousand five hundred gallons per acre per day for
 3649  lots served by water systems regulated under s. 381.0062.
 3650         (h)1. The department may grant variances in hardship cases
 3651  which may be less restrictive than the provisions specified in
 3652  this section. If a variance is granted and the onsite sewage
 3653  treatment and disposal system construction permit has been
 3654  issued, the variance may be transferred with the system
 3655  construction permit, if the transferee files, within 60 days
 3656  after the transfer of ownership, an amended construction permit
 3657  application providing all corrected information and proof of
 3658  ownership of the property and if the same variance would have
 3659  been required for the new owner of the property as was
 3660  originally granted to the original applicant for the variance.
 3661  There is no fee associated with the processing of this
 3662  supplemental information. A variance may not be granted under
 3663  this section until the department is satisfied that:
 3664         a. The hardship was not caused intentionally by the action
 3665  of the applicant;
 3666         b. No reasonable alternative, taking into consideration
 3667  factors such as cost, exists for the treatment of the sewage;
 3668  and
 3669         c. The discharge from the onsite sewage treatment and
 3670  disposal system will not adversely affect the health of the
 3671  applicant or the public or significantly degrade the groundwater
 3672  or surface waters.
 3673  
 3674  Where soil conditions, water table elevation, and setback
 3675  provisions are determined by the department to be satisfactory,
 3676  special consideration must be given to those lots platted before
 3677  1972.
 3678         2. The department shall appoint and staff a variance review
 3679  and advisory committee, which shall meet monthly to recommend
 3680  agency action on variance requests. The committee shall make its
 3681  recommendations on variance requests at the meeting in which the
 3682  application is scheduled for consideration, except for an
 3683  extraordinary change in circumstances, the receipt of new
 3684  information that raises new issues, or when the applicant
 3685  requests an extension. The committee shall consider the criteria
 3686  in subparagraph 1. in its recommended agency action on variance
 3687  requests and shall also strive to allow property owners the full
 3688  use of their land where possible. The committee consists of the
 3689  following:
 3690         a. The Division Director for Environmental Health of the
 3691  department or his or her designee.
 3692         b. A representative from the county health departments.
 3693         c. A representative from the home building industry
 3694  recommended by the Florida Home Builders Association.
 3695         d. A representative from the septic tank industry
 3696  recommended by the Florida Onsite Wastewater Association.
 3697         e. A representative from the Department of Environmental
 3698  Protection.
 3699         f. A representative from the real estate industry who is
 3700  also a developer in this state who develops lots using onsite
 3701  sewage treatment and disposal systems, recommended by the
 3702  Florida Association of Realtors.
 3703         g. A representative from the engineering profession
 3704  recommended by the Florida Engineering Society.
 3705  
 3706  Members shall be appointed for a term of 3 years, with such
 3707  appointments being staggered so that the terms of no more than
 3708  two members expire in any one year. Members shall serve without
 3709  remuneration, but if requested, shall be reimbursed for per diem
 3710  and travel expenses as provided in s. 112.061.
 3711         (i) A construction permit may not be issued for an onsite
 3712  sewage treatment and disposal system in any area zoned or used
 3713  for industrial or manufacturing purposes, or its equivalent,
 3714  where a publicly owned or investor-owned sewage treatment system
 3715  is available, or where a likelihood exists that the system will
 3716  receive toxic, hazardous, or industrial waste. An existing
 3717  onsite sewage treatment and disposal system may be repaired if a
 3718  publicly owned or investor-owned sewerage system is not
 3719  available within 500 feet of the building sewer stub-out and if
 3720  system construction and operation standards can be met. This
 3721  paragraph does not require publicly owned or investor-owned
 3722  sewerage treatment systems to accept anything other than
 3723  domestic wastewater.
 3724         1. A building located in an area zoned or used for
 3725  industrial or manufacturing purposes, or its equivalent, when
 3726  such building is served by an onsite sewage treatment and
 3727  disposal system, must not be occupied until the owner or tenant
 3728  has obtained written approval from the department. The
 3729  department shall not grant approval when the proposed use of the
 3730  system is to dispose of toxic, hazardous, or industrial
 3731  wastewater or toxic or hazardous chemicals.
 3732         2. Each person who owns or operates a business or facility
 3733  in an area zoned or used for industrial or manufacturing
 3734  purposes, or its equivalent, or who owns or operates a business
 3735  that has the potential to generate toxic, hazardous, or
 3736  industrial wastewater or toxic or hazardous chemicals, and uses
 3737  an onsite sewage treatment and disposal system that is installed
 3738  on or after July 5, 1989, must obtain an annual system operating
 3739  permit from the department. A person who owns or operates a
 3740  business that uses an onsite sewage treatment and disposal
 3741  system that was installed and approved before July 5, 1989, need
 3742  not obtain a system operating permit. However, upon change of
 3743  ownership or tenancy, the new owner or operator must notify the
 3744  department of the change, and the new owner or operator must
 3745  obtain an annual system operating permit, regardless of the date
 3746  that the system was installed or approved.
 3747         3. The department shall periodically review and evaluate
 3748  the continued use of onsite sewage treatment and disposal
 3749  systems in areas zoned or used for industrial or manufacturing
 3750  purposes, or its equivalent, and may require the collection and
 3751  analyses of samples from within and around such systems. If the
 3752  department finds that toxic or hazardous chemicals or toxic,
 3753  hazardous, or industrial wastewater have been or are being
 3754  disposed of through an onsite sewage treatment and disposal
 3755  system, the department shall initiate enforcement actions
 3756  against the owner or tenant to ensure adequate cleanup,
 3757  treatment, and disposal.
 3758         (j) An onsite sewage treatment and disposal system for a
 3759  single-family residence that is designed by a professional
 3760  engineer registered in the state and certified by such engineer
 3761  as complying with performance criteria adopted by the department
 3762  must be approved by the department subject to the following:
 3763         1. The performance criteria applicable to engineer-designed
 3764  systems must be limited to those necessary to ensure that such
 3765  systems do not adversely affect the public health or
 3766  significantly degrade the groundwater or surface water. Such
 3767  performance criteria shall include consideration of the quality
 3768  of system effluent, the proposed total sewage flow per acre,
 3769  wastewater treatment capabilities of the natural or replaced
 3770  soil, water quality classification of the potential surface
 3771  water-receiving body, and the structural and maintenance
 3772  viability of the system for the treatment of domestic
 3773  wastewater. However, performance criteria shall address only the
 3774  performance of a system and not a system’s design.
 3775         2. The technical review and advisory panel shall assist the
 3776  department in the development of performance criteria applicable
 3777  to engineer-designed systems.
 3778         3. A person electing to utilize an engineer-designed system
 3779  shall, upon completion of the system design, submit such design,
 3780  certified by a registered professional engineer, to the county
 3781  health department. The county health department may utilize an
 3782  outside consultant to review the engineer-designed system, with
 3783  the actual cost of such review to be borne by the applicant.
 3784  Within 5 working days after receiving an engineer-designed
 3785  system permit application, the county health department shall
 3786  request additional information if the application is not
 3787  complete. Within 15 working days after receiving a complete
 3788  application for an engineer-designed system, the county health
 3789  department either shall issue the permit or, if it determines
 3790  that the system does not comply with the performance criteria,
 3791  shall notify the applicant of that determination and refer the
 3792  application to the department for a determination as to whether
 3793  the system should be approved, disapproved, or approved with
 3794  modification. The department engineer’s determination shall
 3795  prevail over the action of the county health department. The
 3796  applicant shall be notified in writing of the department’s
 3797  determination and of the applicant’s rights to pursue a variance
 3798  or seek review under the provisions of chapter 120.
 3799         4. The owner of an engineer-designed performance-based
 3800  system must maintain a current maintenance service agreement
 3801  with a maintenance entity permitted by the department. The
 3802  maintenance entity shall obtain a biennial system operating
 3803  permit from the department for each system under service
 3804  contract. The department shall inspect the system at least
 3805  annually, or on such periodic basis as the fee collected
 3806  permits, and may collect system-effluent samples if appropriate
 3807  to determine compliance with the performance criteria. The fee
 3808  for the biennial operating permit shall be collected beginning
 3809  with the second year of system operation. The maintenance entity
 3810  shall inspect each system at least twice each year and shall
 3811  report quarterly to the department on the number of systems
 3812  inspected and serviced.
 3813         5. If an engineer-designed system fails to properly
 3814  function or fails to meet performance standards, the system
 3815  shall be re-engineered, if necessary, to bring the system into
 3816  compliance with the provisions of this section.
 3817         (k) An innovative system may be approved in conjunction
 3818  with an engineer-designed site-specific system which is
 3819  certified by the engineer to meet the performance-based criteria
 3820  adopted by the department.
 3821         (l) For the Florida Keys, the department shall adopt a
 3822  special rule for the construction, installation, modification,
 3823  operation, repair, maintenance, and performance of onsite sewage
 3824  treatment and disposal systems which considers the unique soil
 3825  conditions and which considers water table elevations,
 3826  densities, and setback requirements. On lots where a setback
 3827  distance of 75 feet from surface waters, saltmarsh, and
 3828  buttonwood association habitat areas cannot be met, an injection
 3829  well, approved and permitted by the department, may be used for
 3830  disposal of effluent from onsite sewage treatment and disposal
 3831  systems. The following additional requirements apply to onsite
 3832  sewage treatment and disposal systems in Monroe County:
 3833         1. The county, each municipality, and those special
 3834  districts established for the purpose of the collection,
 3835  transmission, treatment, or disposal of sewage shall ensure, in
 3836  accordance with the specific schedules adopted by the
 3837  Administration Commission under s. 380.0552, the completion of
 3838  onsite sewage treatment and disposal system upgrades to meet the
 3839  requirements of this paragraph.
 3840         2. Onsite sewage treatment and disposal systems must cease
 3841  discharge by December 31, 2015, or must comply with department
 3842  rules and provide the level of treatment which, on a permitted
 3843  annual average basis, produces an effluent that contains no more
 3844  than the following concentrations:
 3845         a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
 3846         b. Suspended Solids of 10 mg/l.
 3847         c. Total Nitrogen, expressed as N, of 10 mg/l.
 3848         d. Total Phosphorus, expressed as P, of 1 mg/l.
 3849  
 3850  In addition, onsite sewage treatment and disposal systems
 3851  discharging to an injection well must provide basic disinfection
 3852  as defined by department rule.
 3853         3. On or after July 1, 2010, all new, modified, and
 3854  repaired onsite sewage treatment and disposal systems must
 3855  provide the level of treatment described in subparagraph 2.
 3856  However, in areas scheduled to be served by central sewer by
 3857  December 31, 2015, if the property owner has paid a connection
 3858  fee or assessment for connection to the central sewer system, an
 3859  onsite sewage treatment and disposal system may be repaired to
 3860  the following minimum standards:
 3861         a. The existing tanks must be pumped and inspected and
 3862  certified as being watertight and free of defects in accordance
 3863  with department rule; and
 3864         b. A sand-lined drainfield or injection well in accordance
 3865  with department rule must be installed.
 3866         4. Onsite sewage treatment and disposal systems must be
 3867  monitored for total nitrogen and total phosphorus concentrations
 3868  as required by department rule.
 3869         5. The department shall enforce proper installation,
 3870  operation, and maintenance of onsite sewage treatment and
 3871  disposal systems pursuant to this chapter, including ensuring
 3872  that the appropriate level of treatment described in
 3873  subparagraph 2. is met.
 3874         6. The county, each municipality, and those special
 3875  districts established for the purpose of collection,
 3876  transmission, treatment, or disposal of sewage may require
 3877  connecting onsite sewage treatment and disposal systems to a
 3878  central sewer system within 30 days after notice of availability
 3879  of service.
 3880         (m) No product sold in the state for use in onsite sewage
 3881  treatment and disposal systems may contain any substance in
 3882  concentrations or amounts that would interfere with or prevent
 3883  the successful operation of such system, or that would cause
 3884  discharges from such systems to violate applicable water quality
 3885  standards. The department shall publish criteria for products
 3886  known or expected to meet the conditions of this paragraph. In
 3887  the event a product does not meet such criteria, such product
 3888  may be sold if the manufacturer satisfactorily demonstrates to
 3889  the department that the conditions of this paragraph are met.
 3890         (n) Evaluations for determining the seasonal high-water
 3891  table elevations or the suitability of soils for the use of a
 3892  new onsite sewage treatment and disposal system shall be
 3893  performed by department personnel, professional engineers
 3894  registered in the state, or such other persons with expertise,
 3895  as defined by rule, in making such evaluations. Evaluations for
 3896  determining mean annual flood lines shall be performed by those
 3897  persons identified in paragraph (2)(i). The department shall
 3898  accept evaluations submitted by professional engineers and such
 3899  other persons as meet the expertise established by this section
 3900  or by rule unless the department has a reasonable scientific
 3901  basis for questioning the accuracy or completeness of the
 3902  evaluation.
 3903         (o) The department shall appoint a research review and
 3904  advisory committee, which shall meet at least semiannually. The
 3905  committee shall advise the department on directions for new
 3906  research, review and rank proposals for research contracts, and
 3907  review draft research reports and make comments. The committee
 3908  is comprised of:
 3909         1. A representative of the Division of Environmental Health
 3910  of the Department of Health.
 3911         2. A representative from the septic tank industry.
 3912         3. A representative from the home building industry.
 3913         4. A representative from an environmental interest group.
 3914         5. A representative from the State University System, from
 3915  a department knowledgeable about onsite sewage treatment and
 3916  disposal systems.
 3917         6. A professional engineer registered in this state who has
 3918  work experience in onsite sewage treatment and disposal systems.
 3919         7. A representative from local government who is
 3920  knowledgeable about domestic wastewater treatment.
 3921         8. A representative from the real estate profession.
 3922         9. A representative from the restaurant industry.
 3923         10. A consumer.
 3924  
 3925  Members shall be appointed for a term of 3 years, with the
 3926  appointments being staggered so that the terms of no more than
 3927  four members expire in any one year. Members shall serve without
 3928  remuneration, but are entitled to reimbursement for per diem and
 3929  travel expenses as provided in s. 112.061.
 3930         (p) An application for an onsite sewage treatment and
 3931  disposal system permit shall be completed in full, signed by the
 3932  owner or the owner’s authorized representative, or by a
 3933  contractor licensed under chapter 489, and shall be accompanied
 3934  by all required exhibits and fees. No specific documentation of
 3935  property ownership shall be required as a prerequisite to the
 3936  review of an application or the issuance of a permit. The
 3937  issuance of a permit does not constitute determination by the
 3938  department of property ownership.
 3939         (q) The department may not require any form of subdivision
 3940  analysis of property by an owner, developer, or subdivider prior
 3941  to submission of an application for an onsite sewage treatment
 3942  and disposal system.
 3943         (r) Nothing in this section limits the power of a
 3944  municipality or county to enforce other laws for the protection
 3945  of the public health and safety.
 3946         (s) In the siting of onsite sewage treatment and disposal
 3947  systems, including drainfields, shoulders, and slopes, guttering
 3948  shall not be required on single-family residential dwelling
 3949  units for systems located greater than 5 feet from the roof drip
 3950  line of the house. If guttering is used on residential dwelling
 3951  units, the downspouts shall be directed away from the
 3952  drainfield.
 3953         (t) Notwithstanding the provisions of subparagraph (g)1.,
 3954  onsite sewage treatment and disposal systems located in
 3955  floodways of the Suwannee and Aucilla Rivers must adhere to the
 3956  following requirements:
 3957         1. The absorption surface of the drainfield shall not be
 3958  subject to flooding based on 10-year flood elevations. Provided,
 3959  however, for lots or parcels created by the subdivision of land
 3960  in accordance with applicable local government regulations prior
 3961  to January 17, 1990, if an applicant cannot construct a
 3962  drainfield system with the absorption surface of the drainfield
 3963  at an elevation equal to or above 10-year flood elevation, the
 3964  department shall issue a permit for an onsite sewage treatment
 3965  and disposal system within the 10-year floodplain of rivers,
 3966  streams, and other bodies of flowing water if all of the
 3967  following criteria are met:
 3968         a. The lot is at least one-half acre in size;
 3969         b. The bottom of the drainfield is at least 36 inches above
 3970  the 2-year flood elevation; and
 3971         c. The applicant installs either: a waterless,
 3972  incinerating, or organic waste composting toilet and a graywater
 3973  system and drainfield in accordance with department rules; an
 3974  aerobic treatment unit and drainfield in accordance with
 3975  department rules; a system approved by the State Health Office
 3976  that is capable of reducing effluent nitrate by at least 50
 3977  percent; or a system approved by the county health department
 3978  pursuant to department rule other than a system using
 3979  alternative drainfield materials. The United States Department
 3980  of Agriculture Soil Conservation Service soil maps, State of
 3981  Florida Water Management District data, and Federal Emergency
 3982  Management Agency Flood Insurance maps are resources that shall
 3983  be used to identify flood-prone areas.
 3984         2. The use of fill or mounding to elevate a drainfield
 3985  system out of the 10-year floodplain of rivers, streams, or
 3986  other bodies of flowing water shall not be permitted if such a
 3987  system lies within a regulatory floodway of the Suwannee and
 3988  Aucilla Rivers. In cases where the 10-year flood elevation does
 3989  not coincide with the boundaries of the regulatory floodway, the
 3990  regulatory floodway will be considered for the purposes of this
 3991  subsection to extend at a minimum to the 10-year flood
 3992  elevation.
 3993         (u) The owner of an aerobic treatment unit system shall
 3994  maintain a current maintenance service agreement with an aerobic
 3995  treatment unit maintenance entity permitted by the department.
 3996  The maintenance entity shall obtain a system operating permit
 3997  from the department for each aerobic treatment unit under
 3998  service contract. The maintenance entity shall inspect each
 3999  aerobic treatment unit system at least twice each year and shall
 4000  report quarterly to the department on the number of aerobic
 4001  treatment unit systems inspected and serviced. The owner shall
 4002  allow the department to inspect during reasonable hours each
 4003  aerobic treatment unit system at least annually, and such
 4004  inspection may include collection and analysis of system
 4005  effluent samples for performance criteria established by rule of
 4006  the department.
 4007         (v) The department may require the submission of detailed
 4008  system construction plans that are prepared by a professional
 4009  engineer registered in this state. The department shall
 4010  establish by rule criteria for determining when such a
 4011  submission is required.
 4012         (5) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.—
 4013         (a) Department personnel who have reason to believe
 4014  noncompliance exists, may at any reasonable time, enter the
 4015  premises permitted under ss. 381.0065-381.0066, or the business
 4016  premises of any septic tank contractor or master septic tank
 4017  contractor registered under part III of chapter 489, or any
 4018  premises that the department has reason to believe is being
 4019  operated or maintained not in compliance, to determine
 4020  compliance with the provisions of this section, part I of
 4021  chapter 386, or part III of chapter 489 or rules or standards
 4022  adopted under ss. 381.0065-381.0067, part I of chapter 386, or
 4023  part III of chapter 489. As used in this paragraph, the term
 4024  “premises” does not include a residence or private building. To
 4025  gain entry to a residence or private building, the department
 4026  must obtain permission from the owner or occupant or secure an
 4027  inspection warrant from a court of competent jurisdiction.
 4028         (b)1. The department may issue citations that may contain
 4029  an order of correction or an order to pay a fine, or both, for
 4030  violations of ss. 381.0065-381.0067, part I of chapter 386, or
 4031  part III of chapter 489 or the rules adopted by the department,
 4032  when a violation of these sections or rules is enforceable by an
 4033  administrative or civil remedy, or when a violation of these
 4034  sections or rules is a misdemeanor of the second degree. A
 4035  citation issued under ss. 381.0065-381.0067, part I of chapter
 4036  386, or part III of chapter 489 constitutes a notice of proposed
 4037  agency action.
 4038         2. A citation must be in writing and must describe the
 4039  particular nature of the violation, including specific reference
 4040  to the provisions of law or rule allegedly violated.
 4041         3. The fines imposed by a citation issued by the department
 4042  may not exceed $500 for each violation. Each day the violation
 4043  exists constitutes a separate violation for which a citation may
 4044  be issued.
 4045         4. The department shall inform the recipient, by written
 4046  notice pursuant to ss. 120.569 and 120.57, of the right to an
 4047  administrative hearing to contest the citation within 21 days
 4048  after the date the citation is received. The citation must
 4049  contain a conspicuous statement that if the recipient fails to
 4050  pay the fine within the time allowed, or fails to appear to
 4051  contest the citation after having requested a hearing, the
 4052  recipient has waived the recipient’s right to contest the
 4053  citation and must pay an amount up to the maximum fine.
 4054         5. The department may reduce or waive the fine imposed by
 4055  the citation. In determining whether to reduce or waive the
 4056  fine, the department must consider the gravity of the violation,
 4057  the person’s attempts at correcting the violation, and the
 4058  person’s history of previous violations including violations for
 4059  which enforcement actions were taken under ss. 381.0065
 4060  381.0067, part I of chapter 386, part III of chapter 489, or
 4061  other provisions of law or rule.
 4062         6. Any person who willfully refuses to sign and accept a
 4063  citation issued by the department commits a misdemeanor of the
 4064  second degree, punishable as provided in s. 775.082 or s.
 4065  775.083.
 4066         7. The department, pursuant to ss. 381.0065-381.0067, part
 4067  I of chapter 386, or part III of chapter 489, shall deposit any
 4068  fines it collects in the county health department trust fund for
 4069  use in providing services specified in those sections.
 4070         8. This section provides an alternative means of enforcing
 4071  ss. 381.0065-381.0067, part I of chapter 386, and part III of
 4072  chapter 489. This section does not prohibit the department from
 4073  enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
 4074  III of chapter 489, or its rules, by any other means. However,
 4075  the department must elect to use only a single method of
 4076  enforcement for each violation.
 4077         (c) Responsible management entity personnel or personnel of
 4078  entities they have contracted with to provide services may enter
 4079  premises to evaluate systems for compliance. Upon determination
 4080  that a noncompliance exists, the responsible maintenance entity
 4081  shall notify the department for further action.
 4082         (6) DUTIES AND POWERS OF THE RESPONSIBLE MANAGEMENT
 4083  ENTITY.—
 4084         (a) The responsible management entity shall administer an
 4085  onsite sewage treatment and disposal system evaluation program
 4086  and shall adopt rules or ordinances implementing the program
 4087  standards, procedures, and requirements, including, but not
 4088  limited to, a schedule for a 5-year evaluation cycle, a
 4089  prohibition on the land application of septage, and
 4090  recommendations for repairs or replacements pursuant to this
 4091  section.
 4092         (b) Evaluation, pumpout, repair, replacement, or
 4093  retrofitting services conducted under paragraph (a) shall be
 4094  performed by a septic tank contractor or master septic tank
 4095  contractor registered under part III of chapter 489. The
 4096  responsible management entity is authorized to enter into
 4097  contractual agreements with entities licensed and bonded to
 4098  perform such duties.
 4099         (c) The responsible management entity may charge fees for
 4100  services conducted pursuant to paragraph (a). Such fees shall be
 4101  recommended by the responsible management entity based on the
 4102  method or formula developed under s. 381.0065(3)(o). Management
 4103  costs shall be based on a cost assessment for inspection,
 4104  pumpout, repair or replacement of onsite sewage treatment and
 4105  disposal systems within the jurisdiction of the responsible
 4106  management entity. The responsible management entity shall take
 4107  into consideration the size and types of systems within their
 4108  jurisdiction and may accordingly assess fees based on the size
 4109  and types of systems. The average fees assessed for services
 4110  provided by the responsible management entity shall not exceed
 4111  the average fees assessed for centralized sewer within the same
 4112  jurisdiction.
 4113         (d) Any responsible management entity created under this
 4114  section is not subject to the jurisdiction of the Public Service
 4115  Commission.
 4116         (e)The responsible management entity shall obtain a single
 4117  operating permit for all systems under its jurisdiction from the
 4118  department and shall annually report to the department on its
 4119  evaluations and operation and maintenance program.
 4120         (f) Onsite sewage treatment and disposal systems managed by
 4121  a responsible management entity are presumed to be in compliance
 4122  with all water quality standards.
 4123         (7) IMPLEMENTATION OF RESPONSIBLE MANAGEMENT ENTITIES.—
 4124         (a) By July 1, 2012, responsible management entities
 4125  created pursuant to this section shall be implemented in the
 4126  following areas of the state:
 4127         1. Northwestern region that includes Leon and Wakulla
 4128  Counties.
 4129         2. North central region that includes Citrus, Levy, and
 4130  Marion Counties.
 4131         3. Central region that includes Lake, Orange, and Seminole
 4132  Counties.
 4133         4. Southeastern region that includes Indian River, Martin,
 4134  and St. Lucie Counties.
 4135         5. Southwestern region that includes Charlotte, Collier and
 4136  Lee Counties.
 4137         (b) By January 1, 2015, the duties and powers under
 4138  subsection (6) shall be implemented in all remaining areas of
 4139  the state not implemented under paragraph (a).
 4140         (c) Nothing in this section precludes any areas of the
 4141  state from establishing responsible management entities pursuant
 4142  to this section prior to any dates established herein.
 4143         (8) LAND APPLICATION OF SEPTAGE PROHIBITED.—Effective
 4144  January 1, 2015, the land application of septage from onsite
 4145  sewage treatment and disposal systems is prohibited. The
 4146  department, in consultation with the Department of Environmental
 4147  Protection, and any responsible management entities, shall
 4148  initiate rulemaking and develop enforcement mechanisms and
 4149  penalties to implement the provisions of this subsection.
 4150         Section 39. Paragraph (a) of subsection (2) of section
 4151  381.00655, Florida Statutes, is amended to read:
 4152         381.00655 Connection of existing onsite sewage treatment
 4153  and disposal systems to central sewerage system; requirements.—
 4154         (2) The provisions of subsection (1) or any other provision
 4155  of law to the contrary notwithstanding:
 4156         (a) The local governing body of the jurisdiction in which
 4157  the owner of the onsite sewage treatment and disposal system
 4158  resides may provide that any connection fee charged under this
 4159  section by an investor-owned sewerage system shall may be paid
 4160  with revenues collected by the responsible management entity in
 4161  that jurisdiction without interest in monthly installments, over
 4162  a period of time not to exceed 5 years from the date the
 4163  sewerage system becomes available if it determines that the
 4164  owner has demonstrated a financial hardship. The local governing
 4165  body shall establish criteria for making this determination
 4166  which take into account the owner’s net worth, income, and
 4167  financial needs.
 4168         Section 40. Paragraph (m) is added to subsection (2) of
 4169  section 381.0066, Florida Statutes, and subsection (3) is added
 4170  to that section, to read
 4171         381.0066 Onsite sewage treatment and disposal systems;
 4172  fees.—
 4173         (2) The minimum fees in the following fee schedule apply
 4174  until changed by rule by the department within the following
 4175  limits:
 4176         (m) Operating permit for responsible management entity: a
 4177  fee of not less than $10 per system per year.
 4178  
 4179  The funds collected pursuant to this subsection must be
 4180  deposited in a trust fund administered by the department, to be
 4181  used for the purposes stated in this section and ss. 381.0065
 4182  and 381.00655.
 4183         (3) By January 1, 2015, the department shall complete an
 4184  evaluation of its fee structure under the new responsible
 4185  management entity program and submit the evaluation to the
 4186  Legislature. The evaluation shall, at a minimum, identify any
 4187  fees that may be reduced or eliminated based on the responsible
 4188  management entity assuming associated duties or through
 4189  streamlining of the application and permitting process. The
 4190  evaluation shall also include justification for maintaining fees
 4191  at the current statutory level.
 4192         Section 41. Subsection (9) of section 403.086, Florida
 4193  Statutes, is amended, and subsections (10) and (11) are added to
 4194  that section, to read:
 4195         403.086 Sewage disposal facilities; advanced and secondary
 4196  waste treatment.—
 4197         (9) The Legislature finds that the discharge of domestic
 4198  wastewater through ocean outfalls wastes valuable water supplies
 4199  that should be reclaimed for beneficial purposes to meet public
 4200  and natural systems demands. The Legislature also finds that
 4201  discharge of domestic wastewater through ocean outfalls
 4202  compromises the coastal environment, quality of life, and local
 4203  economies that depend on those resources. The Legislature
 4204  declares that more stringent treatment and management
 4205  requirements for such domestic wastewater and the subsequent,
 4206  timely elimination of ocean outfalls as a primary means of
 4207  domestic wastewater discharge are in the public interest.
 4208         (a) The construction of new ocean outfalls for domestic
 4209  wastewater discharge and the expansion of existing ocean
 4210  outfalls for this purpose, along with associated pumping and
 4211  piping systems, are prohibited. Each domestic wastewater ocean
 4212  outfall shall be limited to the discharge capacity specified in
 4213  the department permit authorizing the outfall in effect on July
 4214  1, 2008, which discharge capacity shall not be increased.
 4215  Maintenance of existing, department-authorized domestic
 4216  wastewater ocean outfalls and associated pumping and piping
 4217  systems is allowed, subject to the requirements of this section.
 4218  The department is directed to work with the United States
 4219  Environmental Protection Agency to ensure that the requirements
 4220  of this subsection are implemented consistently for all domestic
 4221  wastewater facilities in Florida which discharge through ocean
 4222  outfalls.
 4223         (b) The discharge of domestic wastewater through ocean
 4224  outfalls shall meet advanced wastewater treatment and management
 4225  requirements no later than December 31, 2018. For purposes of
 4226  this subsection, the term “advanced wastewater treatment and
 4227  management requirements” means the advanced waste treatment
 4228  requirements set forth in subsection (4), a reduction in outfall
 4229  baseline loadings of total nitrogen and total phosphorus which
 4230  is equivalent to that which would be achieved by the advanced
 4231  waste treatment requirements in subsection (4), or a reduction
 4232  in cumulative outfall loadings of total nitrogen and total
 4233  phosphorus occurring between December 31, 2008, and December 31,
 4234  2025, which is equivalent to that which would be achieved if the
 4235  advanced waste treatment requirements in subsection (4) were
 4236  fully implemented beginning December 31, 2018, and continued
 4237  through December 31, 2025. The department shall establish the
 4238  average baseline loadings of total nitrogen and total phosphorus
 4239  for each outfall using monitoring data available for calendar
 4240  years 2003 through 2007 and shall establish required loading
 4241  reductions based on this baseline. The baseline loadings and
 4242  required loading reductions of total nitrogen and total
 4243  phosphorus shall be expressed as an average annual daily loading
 4244  value. The advanced wastewater treatment and management
 4245  requirements of this paragraph shall be deemed to be met for any
 4246  domestic wastewater facility discharging through an ocean
 4247  outfall on July 1, 2008, which has installed no later than
 4248  December 31, 2018, a fully operational reuse system comprising
 4249  100 percent of the facility’s annual average daily flow for
 4250  reuse activities authorized by the department.
 4251         (c) Each domestic wastewater facility that discharges
 4252  through an ocean outfall on July 1, 2008, shall install a
 4253  functioning reuse system no later than December 31, 2025. For
 4254  purposes of this subsection, a “functioning reuse system” means
 4255  an environmentally, economically, and technically feasible
 4256  system that provides a minimum of 60 percent of the facility’s
 4257  actual flow on an annual basis for irrigation of public access
 4258  areas, residential properties, or agricultural crops; aquifer
 4259  recharge; groundwater recharge; industrial cooling; or other
 4260  acceptable reuse purposes authorized by the department. For
 4261  purposes of this subsection, the term “facility’s actual flow on
 4262  an annual basis” means the annual average flow of domestic
 4263  wastewater discharging through the facility’s ocean outfall, as
 4264  determined by the department, using monitoring data available
 4265  for calendar years 2003 through 2007. Diversion of flows from
 4266  these facilities to other facilities that provide 100 percent
 4267  reuse of the diverted flows prior to December 31, 2025, shall be
 4268  considered to contribute to meeting the 60-percent reuse
 4269  requirement. For utilities operating more than one outfall, the
 4270  reuse requirement can be met if the combined actual reuse flows
 4271  from facilities served by the outfalls is at least 60 percent of
 4272  the sum of the total actual flows from these facilities,
 4273  including flows diverted to other facilities for 100 percent
 4274  reuse prior to December 31, 2025. In the event treatment in
 4275  addition to the advanced wastewater treatment and management
 4276  requirements described in paragraph (b) is needed in order to
 4277  support a functioning reuse system, such treatment shall be
 4278  fully operational no later than December 31, 2025.
 4279         (d) The discharge of domestic wastewater through ocean
 4280  outfalls is prohibited after December 31, 2025, except as a
 4281  backup discharge that is part of a functioning reuse system
 4282  authorized by the department as provided for in paragraph (c). A
 4283  backup discharge may occur only during periods of reduced demand
 4284  for reclaimed water in the reuse system, such as periods of wet
 4285  weather, and shall comply with the advanced wastewater treatment
 4286  and management requirements of paragraph (b).
 4287         (e) The holder of a department permit authorizing the
 4288  discharge of domestic wastewater through an ocean outfall as of
 4289  July 1, 2008, shall submit to the secretary of the department
 4290  the following:
 4291         1. A detailed plan to meet the requirements of this
 4292  subsection, including an identification of all land acquisition
 4293  and facilities necessary to provide for reuse of the domestic
 4294  wastewater; an analysis of the costs to meet the requirements;
 4295  and a financing plan for meeting the requirements, including
 4296  identifying any actions necessary to implement the financing
 4297  plan, such as bond issuance or other borrowing, assessments,
 4298  rate increases, fees, other charges, or other financing
 4299  mechanisms. The plan shall include a detailed schedule for the
 4300  completion of all necessary actions and shall be accompanied by
 4301  supporting data and other documentation. The plan shall be
 4302  submitted no later than July 1, 2013.
 4303         2. No later than July 1, 2016, an update of the plan
 4304  required in subparagraph 1. documenting any refinements or
 4305  changes in the costs, actions, or financing necessary to
 4306  eliminate the ocean outfall discharge in accordance with this
 4307  subsection or a written statement that the plan is current and
 4308  accurate.
 4309         (f) By December 31, 2009, and by December 31 every 5 years
 4310  thereafter, the holder of a department permit authorizing the
 4311  discharge of domestic wastewater through an ocean outfall shall
 4312  submit to the secretary of the department a report summarizing
 4313  the actions accomplished to date and the actions remaining and
 4314  proposed to meet the requirements of this subsection, including
 4315  progress toward meeting the specific deadlines set forth in
 4316  paragraphs (b) through (e). The report shall include the
 4317  detailed schedule for and status of the evaluation of reuse and
 4318  disposal options, preparation of preliminary design reports,
 4319  preparation and submittal of permit applications, construction
 4320  initiation, construction progress milestones, construction
 4321  completion, initiation of operation, and continuing operation
 4322  and maintenance.
 4323         (g) No later than July 1, 2010, and by July 1 every 5 years
 4324  thereafter, the department shall submit a report to the
 4325  Governor, the President of the Senate, and the Speaker of the
 4326  House of Representatives on the implementation of this
 4327  subsection. The report shall summarize progress to date,
 4328  including the increased amount of reclaimed water provided and
 4329  potable water offsets achieved, and identify any obstacles to
 4330  continued progress, including all instances of substantial
 4331  noncompliance.
 4332         (h) By February 1, 2012, the department shall submit a
 4333  report to the Governor and Legislature detailing the results and
 4334  recommendations from phases 1 through 3 of its ongoing study on
 4335  reclaimed water use.
 4336         (i)(h) The renewal of each permit that authorizes the
 4337  discharge of domestic wastewater through an ocean outfall as of
 4338  July 1, 2008, shall be accompanied by an order in accordance
 4339  with s. 403.088(2)(e) and (f) which establishes an enforceable
 4340  compliance schedule consistent with the requirements of this
 4341  subsection.
 4342         (j) An entity that diverts wastewater flow from a receiving
 4343  facility that discharges domestic wastewater through an ocean
 4344  outfall must meet the 60 percent reuse requirement of paragraph
 4345  (c). Reuse by the diverting entity of the diverted flows shall
 4346  be credited to the diverting entity. The diverted flow must also
 4347  be deducted from the receiving facility’s actual flow on an
 4348  annual basis as determined under paragraph (c) and the receiving
 4349  facility’s reuse requirement recalculated accordingly.
 4350         (10) The Legislature finds that the discharge of
 4351  inadequately treated and managed domestic wastewater from dozens
 4352  of small wastewater facilities and thousands of septic tanks and
 4353  other onsite systems in the Florida Keys compromises the quality
 4354  of the coastal environment, including nearshore and offshore
 4355  waters, and threatens the quality of life and local economies
 4356  that depend on those resources. The Legislature also finds that
 4357  the only practical and cost-effective way to fundamentally
 4358  improve wastewater management in the Florida Keys is for the
 4359  local governments in Monroe County, including those special
 4360  districts established for the purpose of collection,
 4361  transmission, treatment, or disposal of sewage, to timely
 4362  complete the wastewater or sewage treatment and disposal
 4363  facilities initiated under the work program of Administration
 4364  Commission rule 28-20, Florida Administrative Code, and the
 4365  Monroe County Sanitary Master Wastewater Plan, dated June 2000.
 4366  The Legislature therefore declares that the construction and
 4367  operation of comprehensive central wastewater systems in
 4368  accordance with this subsection is in the public interest. To
 4369  give effect to those findings, the requirements of this
 4370  subsection apply to all domestic wastewater facilities in Monroe
 4371  County, including privately owned facilities, unless otherwise
 4372  provided under this subsection.
 4373         (a) The discharge of domestic wastewater into surface
 4374  waters is prohibited.
 4375         (b) Monroe County, each municipality, and those special
 4376  districts established for the purpose of collection,
 4377  transmission, treatment, or disposal of sewage in Monroe County
 4378  shall complete the wastewater collection, treatment, and
 4379  disposal facilities within its jurisdiction designated as hot
 4380  spots in the Monroe County Sanitary Master Wastewater Plan,
 4381  dated June 2000, specifically listed in Exhibits 6-1 through 6-3
 4382  of Chapter 6 of the plan and mapped in Exhibit F-1 of Appendix F
 4383  of the plan. The required facilities and connections, and any
 4384  additional facilities or other adjustments required by rules
 4385  adopted by the Administration Commission under s. 380.0552, must
 4386  be completed by December 31, 2015, pursuant to specific
 4387  schedules established by the commission. Domestic wastewater
 4388  facilities located outside local government and special district
 4389  service areas must meet the treatment and disposal requirements
 4390  of this subsection by December 31, 2015.
 4391         (c) After December 31, 2015, all new or expanded domestic
 4392  wastewater discharges must comply with the treatment and
 4393  disposal requirements of this subsection and department rules.
 4394         (d) Wastewater treatment facilities having design
 4395  capacities:
 4396         1. Greater than or equal to 100,000 gallons per day must
 4397  provide basic disinfection as defined by department rule and the
 4398  level of treatment which, on a permitted annual average basis,
 4399  produces an effluent that contains no more than the following
 4400  concentrations:
 4401         a. Biochemical Oxygen Demand (CBOD5) of 5 mg/l.
 4402         b. Suspended Solids of 5 mg/l.
 4403         c. Total Nitrogen, expressed as N, of 3 mg/l.
 4404         d. Total Phosphorus, expressed as P, of 1 mg/l.
 4405         2. Less than 100,000 gallons per day must provide basic
 4406  disinfection as defined by department rule and the level of
 4407  treatment which, on a permitted annual average basis, produces
 4408  an effluent that contains no more than the following
 4409  concentrations:
 4410         a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
 4411         b. Suspended Solids of 10 mg/l.
 4412         c. Total Nitrogen, expressed as N, of 10 mg/l.
 4413         d. Total Phosphorus, expressed as P, of 1 mg/l.
 4414         (e) Class V injection wells, as defined by department or
 4415  Department of Health rule, must meet the following requirements
 4416  and otherwise comply with department or Department of Health
 4417  rules, as applicable:
 4418         1. If the design capacity of the facility is less than 1
 4419  million gallons per day, the injection well must be at least 90
 4420  feet deep and cased to a minimum depth of 60 feet or to such
 4421  greater cased depth and total well depth as may be required by
 4422  department rule.
 4423         2. Except as provided in subparagraph 3. for backup wells,
 4424  if the design capacity of the facility is equal to or greater
 4425  than 1 million gallons per day, each primary injection well must
 4426  be cased to a minimum depth of 2,000 feet or to such greater
 4427  depth as may be required by department rule.
 4428         3. If an injection well is used as a backup to a primary
 4429  injection well, the following conditions apply:
 4430         a. The backup well may be used only when the primary
 4431  injection well is out of service because of equipment failure,
 4432  power failure, or the need for mechanical integrity testing or
 4433  repair;
 4434         b. The backup well may not be used for more than a total of
 4435  500 hours during any 5-year period unless specifically
 4436  authorized in writing by the department;
 4437         c. The backup well must be at least 90 feet deep and cased
 4438  to a minimum depth of 60 feet, or to such greater cased depth
 4439  and total well depth as may be required by department rule; and
 4440         d. Fluid injected into the backup well must meet the
 4441  requirements of paragraph (d).
 4442         (f) The requirements of paragraphs (d) and (e) do not apply
 4443  to:
 4444         1. Class I injection wells as defined by department rule,
 4445  including any authorized mechanical integrity tests;
 4446         2. Authorized mechanical integrity tests associated with
 4447  Class V wells as defined by department rule; or
 4448         3. The following types of reuse systems authorized by
 4449  department rule:
 4450         a. Slow-rate land application systems;
 4451         b. Industrial uses of reclaimed water; and
 4452         c. Use of reclaimed water for toilet flushing, fire
 4453  protection, vehicle washing, construction dust control, and
 4454  decorative water features.
 4455  
 4456  However, disposal systems serving as backups to reuse systems
 4457  must comply with the other provisions of this subsection.
 4458         (g) For wastewater treatment facilities in operation as of
 4459  July 1, 2010, which are located within areas to be served by
 4460  Monroe County, municipalities in Monroe County, or those special
 4461  districts established for the purpose of collection,
 4462  transmission, treatment, or disposal of sewage but which are
 4463  owned by other entities, the requirements of paragraphs (d) and
 4464  (e) do not apply until January 1, 2016. Wastewater operating
 4465  permits issued pursuant to this chapter and in effect for these
 4466  facilities as of June 30, 2010, are extended until December 31,
 4467  2015, or until the facility is connected to a local government
 4468  central wastewater system, whichever occurs first. Wastewater
 4469  treatment facilities in operation after December 31, 2015, must
 4470  comply with the treatment and disposal requirements of this
 4471  subsection and department rules.
 4472         (h) If it is demonstrated that a discharge, even if the
 4473  discharge is otherwise in compliance with this subsection, will
 4474  cause or contribute to a violation of state water quality
 4475  standards, the department shall:
 4476         1. Require more stringent effluent limitations;
 4477         2. Order the point or method of discharge changed;
 4478         3. Limit the duration or volume of the discharge; or
 4479         4. Prohibit the discharge.
 4480         (i) All sewage treatment facilities must monitor effluent
 4481  for total nitrogen and total phosphorus concentration as
 4482  required by department rule.
 4483         (j) The department shall require the levels of operator
 4484  certification and staffing necessary to ensure proper operation
 4485  and maintenance of sewage facilities.
 4486         (k) The department may adopt rules necessary to carry out
 4487  this subsection.
 4488         (l) The county, each municipality, and those special
 4489  districts established for the purpose of collection,
 4490  transmission, treatment, or disposal of sewage may require
 4491  connecting wastewater treatment facilities owned by other
 4492  entities to a central sewer system within 30 days after notice
 4493  of availability of service.
 4494         (11) The land application of class AA, class A and class B
 4495  wastewater residuals, as defined by department rule, is
 4496  prohibited after July 1, 2015. The prohibition does not apply to
 4497  Class AA residuals that are marketed, distributed and applied as
 4498  fertilizer products in accordance with department rule, provided
 4499  they are applied at the proper agronomic rate. The department
 4500  shall initiate rulemaking and develop enforcement mechanisms and
 4501  penalties to implement the provisions of this subsection.
 4502         Section 42. Section 4 of chapter 99-395, Laws of Florida,
 4503  as amended by section 6 of chapter 2006-223, Laws of Florida;
 4504  section 5 of chapter 99-395, Laws of Florida; and section 6 of
 4505  chapter 99-395, Laws of Florida, as amended by section 1 of
 4506  chapter 2001-337, and section 1 of chapter 2004-455, Laws of
 4507  Florida, are repealed.
 4508         Section 43. Paragraph (o) of subsection (3) of section
 4509  11.45, Florida Statutes, is amended to read:
 4510         11.45 Definitions; duties; authorities; reports; rules.—
 4511         (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
 4512  General may, pursuant to his or her own authority, or at the
 4513  direction of the Legislative Auditing Committee, conduct audits
 4514  or other engagements as determined appropriate by the Auditor
 4515  General of:
 4516         (o) The Florida Water Pollution Control and Drinking Water
 4517  Financing Corporation created pursuant to s. 403.1837.
 4518         Section 44. Subsection (2) of section 403.1835, Florida
 4519  Statutes, is reordered and amended, and subsections (3) and (10)
 4520  of that section is amended, to read:
 4521         403.1835 Water pollution control financial assistance.—
 4522         (2) As used in For the purposes of this section and s.
 4523  403.1837, the term:
 4524         (c)(a) “Local governmental agencies” refers to any
 4525  municipality, county, district, or authority, or any agency
 4526  thereof, or a combination of two or more of the foregoing,
 4527  acting jointly in connection with a project having jurisdiction
 4528  over collection, transmission, treatment, or disposal of sewage,
 4529  industrial wastes, stormwater, or other wastes and includes a
 4530  district or authority whose the principal responsibility of
 4531  which is to provide airport, industrial or research park, or
 4532  port facilities to the public.
 4533         (a)(b) “Bonds” means bonds, certificates, or other
 4534  obligations of indebtedness issued by the Florida Water
 4535  Pollution Control Financing corporation under this section and
 4536  s. 403.1837.
 4537         (b)(c) “Corporation” means the Florida Water Pollution
 4538  Control and Drinking Water Financing Corporation created under
 4539  s. 403.1837.
 4540         (3) The department may provide financial assistance through
 4541  any program authorized under 33 U.S.C. s. 1383 s.603 of the
 4542  Federal Water Pollution Control Act (Clean Water Act), Pub. L.
 4543  No. 92-500, as amended, including, but not limited to, making
 4544  grants and loans, providing loan guarantees, purchasing loan
 4545  insurance or other credit enhancements, and buying or
 4546  refinancing local debt. This financial assistance must be
 4547  administered in accordance with this section and applicable
 4548  federal authorities. The department shall administer all
 4549  programs operated from funds secured through the activities of
 4550  the Florida Water Pollution Control Financing corporation under
 4551  s. 403.1837, to fulfill the purposes of this section.
 4552         (a) The department may make or request the corporation to
 4553  make loans to local government agencies, which agencies may
 4554  pledge any revenue available to them to repay any funds
 4555  borrowed.
 4556         (b) The department may make or request the corporation to
 4557  make loans, grants, and deposits to other entities eligible to
 4558  participate in the financial assistance programs authorized
 4559  under the Federal Water Pollution Control Act, or as a result of
 4560  other federal action, which entities may pledge any revenue
 4561  available to them to repay any funds borrowed. Notwithstanding
 4562  s. 17.57, the department may make deposits to financial
 4563  institutions that which earn less than the prevailing rate for
 4564  United States Treasury securities that have with corresponding
 4565  maturities for the purpose of enabling such financial
 4566  institutions to make below-market interest rate loans to
 4567  entities qualified to receive loans under this section and the
 4568  rules of the department.
 4569         (c) The department shall administer financial assistance so
 4570  that at least 15 percent of the funding made available each year
 4571  under this section is reserved for use by small communities
 4572  during the year it is reserved.
 4573         (d) The department may make grants to financially
 4574  disadvantaged small communities, as defined in s. 403.1838,
 4575  using funds made available from grant allocations on loans
 4576  authorized under subsection (4). The grants must be administered
 4577  in accordance with s. 403.1838.
 4578         (10) The department may adopt rules regarding program
 4579  administration; project eligibilities and priorities, including
 4580  the development and management of project priority lists;
 4581  financial assistance application requirements associated with
 4582  planning, design, construction, and implementation activities,
 4583  including environmental and engineering requirements; financial
 4584  assistance agreement conditions; disbursement and repayment
 4585  provisions; auditing provisions; program exceptions; the
 4586  procedural and contractual relationship between the department
 4587  and the Florida Water Pollution Control Financing corporation
 4588  under s. 403.1837; and other provisions consistent with the
 4589  purposes of this section.
 4590         Section 45. Section 403.1837, Florida Statutes, is amended
 4591  to read:
 4592         403.1837 Florida Water Pollution Control and Drinking Water
 4593  Financing Corporation.—
 4594         (1) The Florida Water Pollution Control and Drinking Water
 4595  Financing Corporation is created as a nonprofit public-benefit
 4596  corporation for the purpose of financing or refinancing the
 4597  costs of water pollution control projects and activities
 4598  described in ss. s. 403.1835 and 403.8532. The projects and
 4599  activities described in those sections that section are found to
 4600  constitute a public governmental purpose; are be necessary for
 4601  the health, safety, and welfare of all residents; and include
 4602  legislatively approved fixed capital outlay projects. Fulfilling
 4603  The fulfillment of the purposes of the corporation promotes the
 4604  health, safety, and welfare of the people of the state and
 4605  serves essential governmental functions and a paramount public
 4606  purpose. The activities of the corporation are specifically
 4607  limited to assisting the department in implementing financing
 4608  activities to provide funding for the programs authorized in ss.
 4609  s. 403.1835 and 403.8532. All other activities relating to the
 4610  purposes for which the corporation raises funds are the
 4611  responsibility of the department, including, but not limited to,
 4612  development of program criteria, review of applications for
 4613  financial assistance, decisions relating to the number and
 4614  amount of loans or other financial assistance to be provided,
 4615  and enforcement of the terms of any financial assistance
 4616  agreements provided through funds raised by the corporation. The
 4617  corporation shall terminate upon fulfilling fulfillment of the
 4618  purposes of this section.
 4619         (2) The corporation shall be governed by a board of
 4620  directors consisting of the Governor’s Budget Director or the
 4621  budget director’s designee, the Chief Financial Officer or the
 4622  Chief Financial Officer’s designee, and the Secretary of
 4623  Environmental Protection or the secretary’s designee. The
 4624  executive director of the State Board of Administration shall be
 4625  the chief executive officer of the corporation; shall direct and
 4626  supervise the administrative affairs of the corporation; and
 4627  shall control, direct, and supervise operation of the
 4628  corporation. The corporation shall have such other officers as
 4629  may be determined by the board of directors.
 4630         (3) The corporation shall have all the powers of a
 4631  corporate body under the laws of the state, consistent to the
 4632  extent not inconsistent with or restricted by this section,
 4633  including, but not limited to, the power to:
 4634         (a) Adopt, amend, and repeal bylaws consistent not
 4635  inconsistent with this section.
 4636         (b) Sue and be sued.
 4637         (c) Adopt and use a common seal.
 4638         (d) Acquire, purchase, hold, lease, and convey any real and
 4639  personal property as may be proper or expedient to carry out the
 4640  purposes of the corporation and this section, and to sell,
 4641  lease, or otherwise dispose of that property.
 4642         (e) Elect or appoint and employ such officers, agents, and
 4643  employees as the corporation considers advisable to operate and
 4644  manage the affairs of the corporation, who which officers,
 4645  agents, and employees may be officers or employees of the
 4646  department and the state agencies represented on the board of
 4647  directors of the corporation.
 4648         (f) Borrow money and issue notes, bonds, certificates of
 4649  indebtedness, or other obligations or evidences of indebtedness
 4650  described in s. 403.1835 or s. 403.8532.
 4651         (g) Operate, as specifically directed by the department,
 4652  any program to provide financial assistance authorized under s.
 4653  403.1835(3) or s. 403.8532(3), which may be funded from any
 4654  funds received under a service contract with the department,
 4655  from the proceeds of bonds issued by the corporation, or from
 4656  any other funding sources obtained by the corporation.
 4657         (h) Sell all or any portion of the loans issued under s.
 4658  403.1835 or s. 403.8532 to accomplish the purposes of those
 4659  sections this section and s. 403.1835.
 4660         (i) Make and execute any contracts, trust agreements, and
 4661  other instruments and agreements necessary or convenient to
 4662  accomplish the purposes of the corporation and this section.
 4663         (j) Select, retain, and employ professionals, contractors,
 4664  or agents, which may include the Division of Bond Finance of the
 4665  State Board of Administration, as are necessary or convenient to
 4666  enable or assist the corporation in carrying out its purposes
 4667  and this section.
 4668         (k) Do any act or thing necessary or convenient to carry
 4669  out the purposes of the corporation and this section.
 4670         (4) The corporation shall evaluate all financial and market
 4671  conditions necessary and prudent for the purpose of making
 4672  sound, financially responsible, and cost-effective decisions in
 4673  order to secure additional funds to fulfill the purposes of this
 4674  section and ss. s. 403.1835 and 403.8532.
 4675         (5) The corporation may enter into one or more service
 4676  contracts with the department under which the corporation shall
 4677  provide services to the department in connection with financing
 4678  the functions, projects, and activities provided for in ss. s.
 4679  403.1835 and 403.8532. The department may enter into one or more
 4680  service contracts with the corporation and provide for payments
 4681  under those contracts pursuant to s. 403.1835(9) or s. 403.8533,
 4682  subject to annual appropriation by the Legislature.
 4683         (a) The service contracts may provide for the transfer of
 4684  all or a portion of the funds in the Wastewater Treatment and
 4685  Stormwater Management Revolving Loan Trust Fund and the Drinking
 4686  Water Revolving Loan Trust Fund to the corporation for use by
 4687  the corporation for costs incurred by the corporation in its
 4688  operations, including, but not limited to, payment of debt
 4689  service, reserves, or other costs in relation to bonds issued by
 4690  the corporation, for use by the corporation at the request of
 4691  the department to directly provide the types of local financial
 4692  assistance provided for in ss. s. 403.1835(3) and 403.8532(3),
 4693  or for payment of the administrative costs of the corporation.
 4694         (b) The department may not transfer funds under any service
 4695  contract with the corporation without a specific appropriation
 4696  for such purpose in the General Appropriations Act, except for
 4697  administrative expenses incurred by the State Board of
 4698  Administration or other expenses necessary under documents
 4699  authorizing or securing previously issued bonds of the
 4700  corporation. The service contracts may also provide for the
 4701  assignment or transfer to the corporation of any loans made by
 4702  the department.
 4703         (c) The service contracts may establish the operating
 4704  relationship between the department and the corporation and must
 4705  shall require the department to request the corporation to issue
 4706  bonds before any issuance of bonds by the corporation, to take
 4707  any actions necessary to enforce the agreements entered into
 4708  between the corporation and other parties, and to take all other
 4709  actions necessary to assist the corporation in its operations.
 4710         (d) In compliance with s. 287.0641 and other applicable
 4711  provisions of law, the obligations of the department under the
 4712  service contracts do not constitute a general obligation of the
 4713  state or a pledge of the faith and credit or taxing power of the
 4714  state, nor may the obligations be construed in any manner as an
 4715  obligation of the State Board of Administration or entities for
 4716  which it invests funds, or of the department except as provided
 4717  in this section as payable solely from amounts available under
 4718  any service contract between the corporation and the department,
 4719  subject to appropriation.
 4720         (e) In compliance with this subsection and s. 287.0582,
 4721  service contracts must expressly include the following
 4722  statement: “The State of Florida’s performance and obligation to
 4723  pay under this contract is contingent upon an annual
 4724  appropriation by the Legislature.”
 4725         (6) The corporation may issue and incur notes, bonds,
 4726  certificates of indebtedness, or other obligations or evidences
 4727  of indebtedness payable from and secured by amounts received
 4728  from payment of loans and other moneys received by the
 4729  corporation, including, but not limited to, amounts payable to
 4730  the corporation by the department under a service contract
 4731  entered into under subsection (5). The proceeds of the bonds may
 4732  be used for the purpose of providing funds for projects and
 4733  activities provided for in subsection (1) or for refunding bonds
 4734  previously issued by the corporation. The corporation may select
 4735  a financing team and issue obligations through competitive
 4736  bidding or negotiated contracts, whichever is most cost
 4737  effective. Any Such indebtedness of the corporation does not
 4738  constitute a debt or obligation of the state or a pledge of the
 4739  faith and credit or taxing power of the state.
 4740         (7) The corporation is exempt from taxation and assessments
 4741  of any nature whatsoever upon its income and any property,
 4742  assets, or revenues acquired, received, or used in the
 4743  furtherance of the purposes provided in ss. 403.1835, and
 4744  403.1838, and 403.8532. The obligations of the corporation
 4745  incurred under subsection (6) and the interest and income on the
 4746  obligations and all security agreements, letters of credit,
 4747  liquidity facilities, or other obligations or instruments
 4748  arising out of, entered into in connection with, or given to
 4749  secure payment of the obligations are exempt from all taxation;
 4750  however, the exemption does not apply to any tax imposed by
 4751  chapter 220 on the interest, income, or profits on debt
 4752  obligations owned by corporations.
 4753         (8) The corporation shall validate any bonds issued under
 4754  this section, except refunding bonds, which may be validated at
 4755  the option of the corporation, by proceedings under chapter 75.
 4756  The validation complaint must be filed only in the Circuit Court
 4757  for Leon County. The notice required under s. 75.06 must be
 4758  published in Leon County, and the complaint and order of the
 4759  circuit court shall be served only on the State Attorney for the
 4760  Second Judicial Circuit. Sections 75.04(2) and 75.06(2) do not
 4761  apply to a validation complaint filed as authorized in this
 4762  subsection. The validation of the first bonds issued under this
 4763  section may be appealed to the Supreme Court, and the appeal
 4764  shall be handled on an expedited basis.
 4765         (9) The corporation and the department may shall not take
 4766  any action that will materially and adversely affects affect the
 4767  rights of holders of any obligations issued under this section
 4768  as long as the obligations are outstanding.
 4769         (10) The corporation is not a special district for purposes
 4770  of chapter 189 or a unit of local government for purposes of
 4771  part III of chapter 218. The provisions of chapters 120 and 215,
 4772  except the limitation on interest rates provided by s. 215.84,
 4773  which applies to obligations of the corporation issued under
 4774  this section, and part I of chapter 287, except ss. 287.0582 and
 4775  287.0641, do not apply to this section, the corporation created
 4776  in this section, the service contracts entered into under this
 4777  section, or debt obligations issued by the corporation as
 4778  provided in this section.
 4779         (11) The benefits or earnings of the corporation may not
 4780  inure to the benefit of any private person, except persons
 4781  receiving grants and loans under s. 403.1835 or s. 403.8532.
 4782         (12) Upon dissolution of the corporation, title to all
 4783  property owned by the corporation reverts to the department.
 4784         (13) The corporation may contract with the State Board of
 4785  Administration to serve as trustee with respect to debt
 4786  obligations issued by the corporation as provided by this
 4787  section; to hold, administer, and invest proceeds of those debt
 4788  obligations and other funds of the corporation; and to perform
 4789  other services required by the corporation. The State Board of
 4790  Administration may perform these services and may contract with
 4791  others to provide all or a part of those services and to recover
 4792  the costs and expenses of providing those services.
 4793         Section 46. Subsections (2), (3), (9), and (14) of section
 4794  403.8532, Florida Statutes, are amended to read:
 4795         403.8532 Drinking water state revolving loan fund; use;
 4796  rules.—
 4797         (2) For purposes of this section, the term:
 4798         (a) “Bonds” means bonds, certificates, or other obligations
 4799  of indebtedness issued by the corporation under this section and
 4800  s. 403.1837.
 4801         (b) “Corporation” means the Florida Water Pollution Control
 4802  and Drinking Water Financing Corporation created pursuant to s.
 4803  403.1837.
 4804         (c)(a) “Financially disadvantaged community” means the
 4805  service area of a project to be served by a public water system
 4806  that meets criteria established by department rule and in
 4807  accordance with federal guidance.
 4808         (d)(b) “Local governmental agency” means any municipality,
 4809  county, district, or authority, or any agency thereof, or a
 4810  combination of two or more of the foregoing acting jointly in
 4811  connection with a project, having jurisdiction over a public
 4812  water system.
 4813         (e)(c) “Public water system” means all facilities,
 4814  including land, necessary for the treatment and distribution of
 4815  water for human consumption and includes public water systems as
 4816  defined in s. 403.852 and as otherwise defined in the federal
 4817  Safe Drinking Water Act, as amended. Such systems may be
 4818  publicly owned, privately owned, investor-owned, or
 4819  cooperatively held.
 4820         (f)(d) “Small public water system” means a public water
 4821  system that which regularly serves fewer than 10,000 people.
 4822         (3) The department may is authorized to make, or request
 4823  that the corporation make, loans, grants, and deposits to
 4824  community water systems, nonprofit transient noncommunity water
 4825  systems, and nonprofit nontransient noncommunity water systems
 4826  to assist them in planning, designing, and constructing public
 4827  water systems, unless such public water systems are for-profit
 4828  privately owned or investor-owned systems that regularly serve
 4829  1,500 service connections or more within a single certified or
 4830  franchised area. However, a for-profit privately owned or
 4831  investor-owned public water system that regularly serves 1,500
 4832  service connections or more within a single certified or
 4833  franchised area may qualify for a loan only if the proposed
 4834  project will result in the consolidation of two or more public
 4835  water systems. The department may is authorized to provide loan
 4836  guarantees, to purchase loan insurance, and to refinance local
 4837  debt through the issue of new loans for projects approved by the
 4838  department. Public water systems may are authorized to borrow
 4839  funds made available pursuant to this section and may pledge any
 4840  revenues or other adequate security available to them to repay
 4841  any funds borrowed.
 4842         (a) The department shall administer loans so that amounts
 4843  credited to the Drinking Water Revolving Loan Trust Fund in any
 4844  fiscal year are reserved for the following purposes:
 4845         1.(a) At least 15 percent for to qualifying small public
 4846  water systems.
 4847         2.(b) Up to 15 percent for to qualifying financially
 4848  disadvantaged communities.
 4849         (b)(c)However, If an insufficient number of the projects
 4850  for which funds are reserved under this subsection paragraph
 4851  have been submitted to the department at the time the funding
 4852  priority list authorized under this section is adopted, the
 4853  reservation of these funds shall no longer applies apply. The
 4854  department may award the unreserved funds as otherwise provided
 4855  in this section.
 4856         (9) The department may adopt rules regarding the procedural
 4857  and contractual relationship between the department and the
 4858  corporation under s. 403.1837 and is authorized to make rules
 4859  necessary to carry out the purposes of this section and the
 4860  federal Safe Drinking Water Act, as amended. Such rules shall:
 4861         (a) Set forth a priority system for loans based on public
 4862  health considerations, compliance with state and federal
 4863  requirements relating to public drinking water systems, and
 4864  affordability. The priority system shall give special
 4865  consideration to the following:
 4866         1. Projects that provide for the development of alternative
 4867  drinking water supply projects and management techniques in
 4868  areas where existing source waters are limited or threatened by
 4869  saltwater intrusion, excessive drawdowns, contamination, or
 4870  other problems;
 4871         2. Projects that provide for a dependable, sustainable
 4872  supply of drinking water and that are not otherwise financially
 4873  feasible; and
 4874         3. Projects that contribute to the sustainability of
 4875  regional water sources.
 4876         (b) Establish the requirements for the award and repayment
 4877  of financial assistance.
 4878         (c) Require evidence of credit worthiness and adequate
 4879  security, including an identification of revenues to be pledged,
 4880  and documentation of their sufficiency for loan repayment and
 4881  pledged revenue coverage, to ensure that each loan recipient can
 4882  meet its loan repayment requirements.
 4883         (d) Require each project receiving financial assistance to
 4884  be cost-effective, environmentally sound, implementable, and
 4885  self-supporting.
 4886         (e) Implement other provisions of the federal Safe Drinking
 4887  Water Act, as amended.
 4888         (14) All moneys available for financial assistance under
 4889  this section shall be deposited in The Drinking Water Revolving
 4890  Loan Trust Fund established under s. 403.8533 shall be used
 4891  exclusively to carry out the purposes of this section. Any funds
 4892  that therein which are not needed on an immediate basis for
 4893  financial assistance shall be invested pursuant to s. 215.49.
 4894  State revolving fund capitalization grants awarded by the
 4895  Federal Government, state matching funds, and investment
 4896  earnings thereon shall be deposited into the fund. The principal
 4897  and interest of all loans repaid and investment earnings thereon
 4898  shall be deposited into the fund.
 4899         Section 47. Section 403.8533, Florida Statutes, is amended
 4900  to read:
 4901         403.8533 Drinking Water Revolving Loan Trust Fund.—
 4902         (1) There is created the Drinking Water Revolving Loan
 4903  Trust Fund to be administered by the Department of Environmental
 4904  Protection for the purposes of:
 4905         (a) Funding for low-interest loans for planning,
 4906  engineering design, and construction of public drinking water
 4907  systems and improvements to such systems;
 4908         (b) Funding for compliance activities, operator
 4909  certification programs, and source water protection programs;
 4910  and
 4911         (c) Funding for administering loans by the department; and.
 4912         (d) Paying amounts payable under any service contract
 4913  entered into by the department under s. 403.1837, subject to
 4914  annual appropriation by the Legislature.
 4915         (2) The trust fund shall be used for the deposit of all
 4916  moneys awarded by the Federal Government to fund revolving loan
 4917  programs. All moneys in the fund that are not needed on an
 4918  immediate basis for loans shall be invested pursuant to s.
 4919  215.49. The principal and interest of all loans repaid and
 4920  investment earnings shall be deposited into this fund.
 4921         (3) Pursuant to s. 19(f)(3), Art. III of the State
 4922  Constitution, the Drinking Water Revolving Loan Trust Fund is
 4923  exempt from the termination provisions of s. 19(f)(2), Art. III
 4924  of the State Constitution.
 4925         Section 48. Part IV of chapter 369, Florida Statutes,
 4926  consisting of sections 369.401, 369.402, 369.403, 369.404,
 4927  369.405, 369.406, and 369.407, is created to read:
 4928         369.401Short title.—This part may be cited as the “Florida
 4929  Springs Protection Act.”
 4930         369.402Legislative findings and intent.—
 4931         (1)Florida’s springs are a precious and fragile natural
 4932  resource that must be protected. Springs provide recreational
 4933  opportunities for swimmers, canoeists, wildlife watchers, cave
 4934  divers, and others. Because of the recreational opportunities
 4935  and accompanying tourism, many of the state’s springs greatly
 4936  benefit state and local economies. In addition, springs provide
 4937  critical habitat for plants and animals, including many
 4938  endangered or threatened species, and serve as indicators of
 4939  ground water and surface water quality.
 4940         (2)In general, Florida’s springs, whether found in urban
 4941  or rural settings, or on public or private lands, are threatened
 4942  by actual, or potential, flow reductions and declining water
 4943  quality. Many of Florida’s springs show signs of ecological
 4944  imbalance, increased nutrient loading, and lowered water flow.
 4945  Ground water sources of spring discharges are recharged by
 4946  seepage from the surface and through direct conduits such as
 4947  sinkholes and can be adversely affected by polluted runoff from
 4948  urban and agricultural lands and discharges resulting from poor
 4949  wastewater management practices.
 4950         (3)Springs and ground water can be restored through good
 4951  stewardship, including effective planning strategies, best
 4952  management practices, and appropriate regulatory programs that
 4953  preserve and protect the springs and their springsheds.
 4954         369.403Definitions.—As used in this part, the term:
 4955         (1)“Cooperating entities” means the Department of
 4956  Environmental Protection, the Department of Health, the
 4957  Department of Agriculture and Consumer Services, the Department
 4958  of Community Affairs, the Department of Transportation, and each
 4959  water management district and those county and municipal
 4960  governments having jurisdiction in the areas of the springs
 4961  identified in s. 369.404.
 4962         (2)“Department” means the Department of Environmental
 4963  Protection.
 4964         (3)“Estimated sewage flow” means the quantity of domestic
 4965  and commercial wastewater in gallons per day which is expected
 4966  to be produced by an establishment or single-family residence as
 4967  determined by rule of the Department of Health.
 4968         (4)“First magnitude spring” means a spring that has a
 4969  median discharge of greater than or equal to 100 cubic feet per
 4970  second for the period of record, as determined by the
 4971  department.
 4972         (5)“Karst” means landforms, generally formed by the
 4973  dissolution of soluble rocks such as limestone or dolostone,
 4974  forming direct connections to the ground water, such as springs,
 4975  sinkholes, sinking streams, closed depressions, subterranean
 4976  drainage, and caves.
 4977         (6)“Onsite sewage treatment and disposal system” or
 4978  “septic system” means a system that contains a standard
 4979  subsurface, filled, or mound drainfield system; an aerobic
 4980  treatment unit; a graywater system tank; a laundry wastewater
 4981  system tank; a septic tank; a grease interceptor; a pump tank; a
 4982  solids or effluent pump; a waterless, incinerating, or organic
 4983  waste-composting toilet; or a sanitary pit privy that is
 4984  installed or proposed to be installed beyond the building sewer
 4985  on land of the owner or on other land to which the owner has the
 4986  legal right to install a system. The term includes any item
 4987  placed within, or intended to be used as a part of or in
 4988  conjunction with, the system. This term does not include package
 4989  sewage treatment facilities and other treatment works regulated
 4990  under chapter 403.
 4991         (7)“Second magnitude spring” means a spring that has a
 4992  median discharge of 10 to 100 cubic feet per second for the
 4993  period of record, as determined by the department.
 4994         (8)“Spring” means a point where ground water is discharged
 4995  onto the earth’s surface, including under any surface water of
 4996  the state, including seeps. The term includes a spring run.
 4997         (9)“Springshed” means those areas within the groundwater
 4998  and surface water basins which contribute to the discharge of a
 4999  spring.
 5000         (10)“Usable property” means the area of the property
 5001  expressed in acres exclusive of all paved areas and prepared
 5002  road beds within public or private rights-of-way or easements
 5003  and exclusive of surface water bodies.
 5004         369.404Designation of spring protection zones.—
 5005         (1)All counties or municipalities in which there are
 5006  located first or second magnitude springs are hereby designated
 5007  as spring protection zones.
 5008         (2)By July 1, 2011, the department is directed to propose
 5009  for adoption rules to implement the requirements of this
 5010  section.
 5011         (a)Such rules at a minimum shall create a priority list of
 5012  first and second magnitude springs designating them as high,
 5013  medium, or low priority based on the following measurements of
 5014  nitrate concentration in the water column at the point that the
 5015  spring discharges onto the earth’s surface as an average annual
 5016  concentration:
 5017         1.High – nitrate greater than or equal to 1.0 milligrams
 5018  per liter as determined using existing water quality data;
 5019         2.Medium – nitrate greater than or equal to 0.5 milligrams
 5020  per liter and less than 1.0 milligrams per liter as determined
 5021  using existing water quality data; and
 5022         3.Low – all first or second magnitude springs not
 5023  categorized as either High or Medium.
 5024         (b)Based on the priority determination of the department
 5025  for first and second magnitude springs, the corresponding
 5026  deadlines apply to the requirements of s. 369.405 to spring
 5027  protection zones as designated in this section.
 5028         1.For high-priority springs, the deadline for compliance
 5029  shall be no later than July 1, 2017;
 5030         2.For medium-priority springs, the deadline for compliance
 5031  shall be no later than July 1, 2020; and
 5032         3.For low-priority springs, the deadline for compliance
 5033  shall be no later than July 1, 2025.
 5034         (3)By July 1, 2011, the department is directed to propose
 5035  for adoption rules that provide the minimum scientific
 5036  methodologies, data, or tools that shall be used by a county or
 5037  municipal government to support the request for an exemption as
 5038  provided for in subsection (4).
 5039         (4)A county or municipal government, upon application to
 5040  the department, may seek to have specific geographic areas
 5041  exempted from the requirements of ss. 369.405, 369.406, and
 5042  369.407 by demonstrating that activities within such areas will
 5043  not lead to a violation of numeric nutrient criteria established
 5044  under s. 403.067 for springsheds.
 5045         (5)Pursuant to subsection (4), the department may approve
 5046  or deny an application for an exemption, or may modify the
 5047  boundaries of the specific geographic areas for which an
 5048  exemption is sought. The ruling of the department on the
 5049  applicant’s request shall constitute a final agency action
 5050  subject to review pursuant to ss. 120.569 and 120.57.
 5051         (6)By July 1, 2012, the department must conduct a study
 5052  and report its findings of nitrate concentrations within spring
 5053  protection zones designated pursuant to this section.
 5054         369.405Requirements for spring protection zones.—The
 5055  requirements of this section are subject to the timelines
 5056  established in s. 369.404.
 5057         (1)Agricultural operations must implement applicable best
 5058  management practices, including nutrient management, adopted by
 5059  the Department of Agriculture and Consumer Services to reduce
 5060  nitrogen impacts to ground water. By December 31, 2010, the
 5061  Department of Agriculture and Consumer Services, in cooperation
 5062  with the other cooperating entities and stakeholders, must
 5063  develop and propose for adoption by rule equine, and cow and
 5064  calf best-management practices pursuant to this paragraph.
 5065  Implementation must be in accordance with s. 403.067(7)(b).
 5066         (2)Local governments in cooperation with the water
 5067  management districts must develop and implement a remediation
 5068  plan to reduce nitrogen loading to ground water, including
 5069  reducing existing direct discharges of stormwater into ground
 5070  water through karst features to the maximum extent practicable.
 5071  The department shall review and approve the remediation plan
 5072  prior to implementation.
 5073         369.406Additional requirements for all spring protection
 5074  zones.—
 5075         (1)All new septic systems installed on or after January 1,
 5076  2011 that are located on properties abutting a water body or
 5077  water segment that is listed as impaired pursuant to s. 403.067,
 5078  or properties within a designated spring protection zone
 5079  pursuant to s. 369.404, must be designed to meet a target annual
 5080  average groundwater concentration of no more than 3 milligrams
 5081  per liter total nitrogen at the owner’s property line.
 5082  Compliance with these requirements does not require groundwater
 5083  monitoring. The Department of Health in cooperation with the
 5084  department must initiate and develop by rule design standards
 5085  for achieving this target annual average groundwater
 5086  concentration. At a minimum, this standard must take into
 5087  consideration the relationship between the treatment level
 5088  achieved by the septic system and the area of usable property
 5089  available for rainwater dilution. Such design standards adopted
 5090  by the Department of Health must provide multiple options that
 5091  may be used to meet the standards established in s. 369.406(3).
 5092  Rules developed pursuant to this paragraph are not subject to
 5093  review under s. 381.0068.
 5094         (2)Subsection (1) does not supersede the jurisdictional
 5095  flow limits established in s. 381.0065(3)(b).
 5096         (3)Land application of septage is prohibited and subject
 5097  to a $250 fine for a first offense and $500 fine for a second or
 5098  subsequent offense pursuant to the authority granted to the
 5099  Department of Health in s. 381.0065(3)(h).
 5100         (4)Any septic system, when requiring repair, modification,
 5101  or reapproval, must meet a 24-inch separation from the wet
 5102  season water table and the surface water setback requirements in
 5103  s. 381.0065(4). All treatment receptacles must be within one
 5104  size of the requirements in rules of the Department of Health
 5105  and must be tested for watertightness by a septic tank
 5106  contractor or master septic tank contractor registered under
 5107  part III of chapter 489.
 5108         (5)After July 1, 2011, land application of Class A, Class
 5109  B, or Class AA wastewater residuals, as defined by department
 5110  rule, is prohibited. This prohibition does not apply to Class AA
 5111  residuals that are marketed, distributed and applied as
 5112  fertilizer products in accordance with department rule.
 5113         (6)Animal feeding operations must implement the
 5114  requirements of rules adopted by the department to reduce
 5115  nitrogen impacts to ground water. By December 31, 2010, the
 5116  department, in cooperation with the other cooperating entities
 5117  and stakeholders, must develop and propose for adoption, revised
 5118  rules for animal feeding operations which address requirements
 5119  for lined wastewater storage ponds and the development and
 5120  implementation of nutrient management plans, including the land
 5121  spreading of animal waste not treated and packaged as
 5122  fertilizer.
 5123         369.407Rules.—
 5124         (1)The department, the Department of Health, and the
 5125  Department of Agriculture and Consumer Services may adopt rules
 5126  pursuant to ss. 120.536(1) and 120.54 to administer the
 5127  provisions of this part, as applicable.
 5128         (2)(a)The Department of Agriculture and Consumer Services
 5129  shall be the lead agency coordinating the reduction of
 5130  agricultural nonpoint sources of pollution for springs
 5131  protection. The Department of Agriculture and Consumer Services
 5132  and the department, pursuant to s. 403.067(7)(c)4., shall study
 5133  and if necessary, in cooperation with the other cooperating
 5134  entities, applicable county and municipal governments, and
 5135  stakeholders, initiate rulemaking to implement new or revised
 5136  best-management practices for improving and protecting springs.
 5137  As needed to implement the new or revised practices, the
 5138  Department of Agriculture and Consumer Services, shall revise
 5139  its best-management practices rules to require implementation of
 5140  the modified practice within a reasonable time period as
 5141  specified in the rule.
 5142         (b)The Department of Agriculture and Consumer Services,
 5143  the department, and the University of Florida’s Institute of
 5144  Food and Agricultural Sciences shall cooperate in the conduct of
 5145  necessary research and demonstration projects to develop
 5146  improved or additional nutrient management tools, including the
 5147  use of controlled release fertilizer, which can be used by
 5148  agricultural producers as part of an agricultural best
 5149  management practices program. The development of such tools
 5150  shall reflect a balance between water quality improvements and
 5151  agricultural productivity and, where applicable, shall be
 5152  incorporated into revised best-management practices adopted by
 5153  rule of the Department of Agriculture and Consumer Services.
 5154         (3)The department shall as a part of the rules developed
 5155  for this part include provisions that allow for the variance of
 5156  the compliance deadlines provided for in s. 369.404(2)(b). Such
 5157  variance shall, at a minimum, be based on the financial ability
 5158  of the responsible county or municipality to meet the
 5159  requirements of this part.
 5160         Section 49. Paragraph (m) is added to subsection (9) of
 5161  section 259.105, Florida Statutes, to read:
 5162         259.105 The Florida Forever Act.—
 5163         (9) The Acquisition and Restoration Council shall recommend
 5164  rules for adoption by the board of trustees to competitively
 5165  evaluate, select, and rank projects eligible for Florida Forever
 5166  funds pursuant to paragraph (3)(b) and for additions to the
 5167  Conservation and Recreation Lands list pursuant to ss. 259.032
 5168  and 259.101(4). In developing these proposed rules, the
 5169  Acquisition and Restoration Council shall give weight to the
 5170  following criteria:
 5171         (m) Any part of the project area falls within a springs
 5172  protection zone as defined by ss. 369.401-369.406.
 5173         Section 50. Subsection (6) of section 369.317, Florida
 5174  Statutes, is amended to read:
 5175         369.317 Wekiva Parkway.—
 5176         (6) The Orlando-Orange County Expressway Authority is
 5177  hereby granted the authority to act as a third-party acquisition
 5178  agent, pursuant to s. 259.041 on behalf of the Board of Trustees
 5179  or chapter 373 on behalf of the governing board of the St. Johns
 5180  River Water Management District, for the acquisition of all
 5181  necessary lands, property and all interests in property
 5182  identified herein, including fee simple or less-than-fee simple
 5183  interests. The lands subject to this authority are identified in
 5184  paragraph 10.a., State of Florida, Office of the Governor,
 5185  Executive Order 03-112 of July 1, 2003, and in Recommendation 16
 5186  of the Wekiva Basin Area Task Force created by Executive Order
 5187  2002-259, such lands otherwise known as Neighborhood Lakes, a
 5188  1,587+/- acre parcel located in Orange and Lake Counties within
 5189  Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
 5190  and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
 5191  Seminole Woods/Swamp, a 5,353+/- acre parcel located in Lake
 5192  County within Section 37, Township 19 South, Range 28 East; New
 5193  Garden Coal; a 1,605+/- acre parcel in Lake County within
 5194  Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
 5195  East; Pine Plantation, a 617+/- acre tract consisting of eight
 5196  individual parcels within the Apopka City limits. The Department
 5197  of Transportation, the Department of Environmental Protection,
 5198  the St. Johns River Water Management District, and other land
 5199  acquisition entities shall participate and cooperate in
 5200  providing information and support to the third-party acquisition
 5201  agent. The land acquisition process authorized by this paragraph
 5202  shall begin no later than December 31, 2004. Acquisition of the
 5203  properties identified as Neighborhood Lakes, Pine Plantation,
 5204  and New Garden Coal, or approval as a mitigation bank shall be
 5205  concluded no later than December 31, 2010. Department of
 5206  Transportation and Orlando-Orange County Expressway Authority
 5207  funds expended to purchase an interest in those lands identified
 5208  in this subsection shall be eligible as environmental mitigation
 5209  for road construction related impacts in the Wekiva Study Area.
 5210  If any of the lands identified in this subsection are used as
 5211  environmental mitigation for road construction related impacts
 5212  incurred by the Department of Transportation or Orlando-Orange
 5213  County Expressway Authority, or for other impacts incurred by
 5214  other entities, within the Wekiva Study Area or within the
 5215  Wekiva parkway alignment corridor, and if the mitigation offsets
 5216  these impacts, the St. Johns River Water Management District and
 5217  the Department of Environmental Protection shall consider the
 5218  activity regulated under part IV of chapter 373 to meet the
 5219  cumulative impact requirements of s. 373.414(8)(a).
 5220         Section 51. Section 373.631, Florida Statutes, is created
 5221  to read:
 5222         373.631 Water advisory entities.—It is the intent of the
 5223  Legislature to utilize academic entities within universities in
 5224  the State University System as advisory bodies to provide
 5225  recommendations based on the best scientific data available to
 5226  the Legislature to guide water policy in the state. In
 5227  consideration of preference given to such universities in s.
 5228  373.63, the University of Florida Water Institute shall be the
 5229  lead entity and, in consultation with other entities within the
 5230  State University System, shall submit a report detailing
 5231  recommendations to the Legislature by February 1, 2011, and by
 5232  February 1 every 2 years thereafter.
 5233         Section 52. Paragraph (m) is added to subsection (1) of
 5234  section 553.77, Florida Statutes, to read:
 5235         553.77 Specific powers of the commission.—
 5236         (1) The commission shall:
 5237         (m) Develop recommendations that result in conservation of
 5238  Florida’s water resources. The commission must consider products
 5239  that exceed National Energy Policy Act requirements for water
 5240  use and may consider products certified by the Environmental
 5241  Protection Agency’s WaterSense program, the Department of
 5242  Energy’s Energy Star program, or other certification programs.
 5243         Section 53. Subsection (20) is added to section 215.47,
 5244  Florida Statutes, to read:
 5245         215.47 Investments; authorized securities; loan of
 5246  securities.—Subject to the limitations and conditions of the
 5247  State Constitution or of the trust agreement relating to a trust
 5248  fund, moneys available for investments under ss. 215.44-215.53
 5249  may be invested as follows:
 5250         (20) The State Board of Administration, consistent with its
 5251  fiduciary duties, may invest net assets of the system trust fund
 5252  in projects deemed eligible under the provisions of s. 373.707.
 5253         Section 54. Subsection (8) is added to section 373.129,
 5254  Florida Statutes, to read:
 5255         373.129 Maintenance of actions.—The department, the
 5256  governing board of any water management district, any local
 5257  board, or a local government to which authority has been
 5258  delegated pursuant to s. 373.103(8), is authorized to commence
 5259  and maintain proper and necessary actions and proceedings in any
 5260  court of competent jurisdiction for any of the following
 5261  purposes:
 5262         (8)In conflicts arising where a water management district
 5263  is a party to litigation against another governmental entity, as
 5264  defined in s. 164.1031, a district has an affirmative duty to
 5265  engage in alternative dispute resolution in good faith as
 5266  required by chapter 164.
 5267         Section 55. Paragraph (b) of subsection (9) of section
 5268  403.707, Florida Statutes, is amended to read:
 5269         403.707 Permits.—
 5270         (9) The department shall establish a separate category for
 5271  solid waste management facilities that accept only construction
 5272  and demolition debris for disposal or recycling. The department
 5273  shall establish a reasonable schedule for existing facilities to
 5274  comply with this section to avoid undue hardship to such
 5275  facilities. However, a permitted solid waste disposal unit that
 5276  receives a significant amount of waste prior to the compliance
 5277  deadline established in this schedule shall not be required to
 5278  be retrofitted with liners or leachate control systems.
 5279         (b) The department shall not require liners and leachate
 5280  collection systems at individual disposal units constructed
 5281  after July 1, 2010. facilities unless it demonstrates, based
 5282  upon the types of waste received, the methods for controlling
 5283  types of waste disposed of, the proximity of groundwater and
 5284  surface water, and the results of the hydrogeological and
 5285  geotechnical investigations, that the facility is reasonably
 5286  expected to result in violations of groundwater standards and
 5287  criteria otherwise.
 5288         Section 56. Subsection (2) of section 298.66, Florida
 5289  Statutes, is amended to read:
 5290         298.66 Obstruction of drainage canals, etc., prohibited;
 5291  damages; penalties.—No person may willfully, or otherwise,
 5292  obstruct any canal, drain, ditch or watercourse or damage or
 5293  destroy any drainage works constructed in any district.
 5294         (2) Whoever shall willfully or otherwise obstruct any
 5295  canal, drain, ditch, or watercourse, or impede or obstruct the
 5296  flow of water therein, or shall damage or destroy any drainage
 5297  works constructed in by any district shall be guilty of a felony
 5298  of the third degree, punishable as provided in s. 775.082, s.
 5299  775.083, or s. 775.084.
 5300         Section 57. Subsection (9) is added to section 212.055,
 5301  Florida Statutes, to read:
 5302         212.055 Discretionary sales surtaxes; legislative intent;
 5303  authorization and use of proceeds.—It is the legislative intent
 5304  that any authorization for imposition of a discretionary sales
 5305  surtax shall be published in the Florida Statutes as a
 5306  subsection of this section, irrespective of the duration of the
 5307  levy. Each enactment shall specify the types of counties
 5308  authorized to levy; the rate or rates which may be imposed; the
 5309  maximum length of time the surtax may be imposed, if any; the
 5310  procedure which must be followed to secure voter approval, if
 5311  required; the purpose for which the proceeds may be expended;
 5312  and such other requirements as the Legislature may provide.
 5313  Taxable transactions and administrative procedures shall be as
 5314  provided in s. 212.054.
 5315         (9)AREA OF CRITICAL STATE CONCERN WASTEWATER AND
 5316  STORMWATER SURTAX.—
 5317         (a) A county designated as an area of critical state
 5318  concern may levy a discretionary sales surtax of 1 percent
 5319  pursuant to an ordinance that is enacted by a majority of the
 5320  members of the county governing authority and is conditioned to
 5321  take effect only upon approval by a majority vote of the
 5322  electors of the county voting in a referendum.
 5323         (b) The referendum to be placed on the ballot must include
 5324  a statement that provides a brief and general description of the
 5325  purposes for which the proceeds of the surtax may be used. The
 5326  statement must conform to the requirement of s. 101.161 and
 5327  shall be placed on the ballot by the governing body of the
 5328  county. The following question shall be placed on the ballot:
 5329         FOR the					one-cent sales tax
 5330         AGAINST the				one-cent sales tax
 5331         (c) Pursuant to s. 212.054(4), the proceeds of the surtax
 5332  levied under this subsection shall be distributed to the county
 5333  and the municipalities within such county in which the surtax
 5334  was collected, according to:
 5335         1. An interlocal agreement between the county governing
 5336  authority and the governing bodies of the municipalities
 5337  representing a majority of the county’s municipal population,
 5338  which agreement may include a school district with the consent
 5339  of the county governing authority and the governing bodies of
 5340  the municipalities representing a majority of the county’s
 5341  municipal population; or
 5342         2. If there is no interlocal agreement, according to the
 5343  formula provided in s. 218.62, any change in the distribution
 5344  formula must take effect on the first day of any month that
 5345  begins at least 60 days after written notification of that
 5346  change has been made to the department.
 5347         (d) The proceeds of the surtax and any interest accrued
 5348  thereto may be expended within the county and municipalities for
 5349  the purposes of servicing existing bond and state revolving loan
 5350  fund indebtedness to finance, plan, construct, upgrade,
 5351  reconstruct or renovate wastewater and stormwater collection and
 5352  treatment infrastructure; and to finance, plan, construct,
 5353  upgrade, reconstruct or renovate, wastewater and stormwater
 5354  collection and treatment infrastructure; fixed capital costs
 5355  associated with the construction, upgrade, reconstruction,
 5356  renovation, expansion or improvement of wastewater and
 5357  stormwater facilities which has a useful life expectancy of at
 5358  least 5 years; land acquisition, land improvement, design, and
 5359  engineering costs related thereto. The proceeds of the surtax
 5360  must be set aside and invested as permitted by law, with the
 5361  principal and income to be used for the purposes provided in
 5362  this subsection. Counties and municipalities receiving proceeds
 5363  under the provisions of this subsection may pledge such proceeds
 5364  for the purpose of servicing new bond or state revolving loan
 5365  indebtedness incurred pursuant to law. Counties and
 5366  municipalities may use the services of the Division of Bond
 5367  Finance of the State Board of Administration pursuant to the
 5368  State Bond Act to issue any bonds through the provisions of this
 5369  subsection. Counties and municipalities may join together for
 5370  the issuance of bonds authorized by this subsection.
 5371         (e) A surtax imposed under this subsection expires 20 years
 5372  after the effective date of the surtax unless reenacted by an
 5373  ordinance that is subject to approval by a majority of the
 5374  electors of the county voting in a subsequent referendum.
 5375         (f) This subsection shall be liberally construed to achieve
 5376  its purpose.
 5377         Section 58. This act shall take effect July 1, 2010.

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