November 25, 2020
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       Florida Senate - 2010                CS for CS for CS for SB 550
       
       
       
       By the Policy and Steering Committee on Ways and Means; the
       Committees on Governmental Oversight and Accountability; and
       Environmental Preservation and Conservation; and Senator
       Constantine
       
       576-05324-10                                           2010550c3
    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 general
    6         powers and duties of water management district
    7         governing boards; requiring the Department of
    8         Environmental Protection to develop the Florida water
    9         supply plan; providing components of the plan;
   10         requiring water management district governing boards
   11         to develop water supply plans for their respective
   12         regions; providing components of district water supply
   13         plans; providing legislative findings and intent with
   14         respect to water resource development and water supply
   15         development; requiring water management districts to
   16         fund and implement water resource development;
   17         specifying water supply development projects that are
   18         eligible to receive priority consideration for state
   19         or water management district funding assistance;
   20         encouraging cooperation in the development of water
   21         supplies; providing for alternative water supply
   22         development; encouraging municipalities, counties, and
   23         special districts to create regional water supply
   24         authorities; establishing the primary roles of the
   25         water management districts in alternative water supply
   26         development; establishing the primary roles of local
   27         governments, regional water supply authorities,
   28         special districts, and publicly owned and privately
   29         owned water utilities in alternative water supply
   30         development; requiring the water management districts
   31         to detail the specific allocations to be used for
   32         alternative water supply development in their annual
   33         budget submission; requiring that the water management
   34         districts include the amount needed to implement the
   35         water supply development projects in each annual
   36         budget; establishing general funding criteria for
   37         funding assistance to the state or water management
   38         districts; establishing economic incentives for
   39         alternative water supply development; providing a
   40         funding formula for the distribution of state funds to
   41         the water management districts for alternative water
   42         supply development; requiring that funding assistance
   43         for alternative water supply development be limited to
   44         a 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; requiring a water management
   48         district governing board to conduct water supply
   49         planning for each region identified in the district
   50         water supply plan; providing procedures and
   51         requirements with respect to regional water supply
   52         plans; providing for joint development of a specified
   53         water supply development component of a regional water
   54         supply plan within the boundaries of the Southwest
   55         Florida Water Management District; providing that
   56         approval of a regional water supply plan is not
   57         subject to the rulemaking requirements of the
   58         Administrative Procedure Act; requiring the department
   59         to submit annual reports on the status of regional
   60         water supply planning in each district; providing for
   61         construction with respect to the water supply
   62         development component of a regional water supply plan;
   63         requiring water management districts to present to
   64         certain entities the relevant portions of a regional
   65         water supply plan; requiring certain entities to
   66         provide written notification to water management
   67         districts as to the implementation of water supply
   68         project options; requiring water management districts
   69         to notify local governments of the need for
   70         alternative water supply projects; requiring water
   71         management districts to assist local governments in
   72         the development and future revision of local
   73         government comprehensive plan elements or public
   74         facilities reports related to water resource issues;
   75         providing for the creation of regional water supply
   76         authorities; providing purpose of such authorities;
   77         specifying considerations with respect to the creation
   78         of a proposed authority; specifying authority of a
   79         regional water supply authority; providing authority
   80         of specified entities to convey title, dedicate land,
   81         or grant land-use rights to a regional water supply
   82         authority for specified purposes; providing
   83         preferential rights of counties and municipalities to
   84         purchase water from regional water supply authorities;
   85         providing an exemption for specified water supply
   86         authorities from consideration of certain factors and
   87         submissions; providing applicability of such
   88         exemptions; authorizing the West Coast Regional Water
   89         Supply Authority and its member governments to
   90         reconstitute the authority’s governance and rename the
   91         authority under a voluntary interlocal agreement;
   92         providing compliance requirements with respect to the
   93         interlocal agreement; providing for supersession of
   94         conflicting general or special laws; providing
   95         requirements with respect to annual budgets;
   96         specifying the annual millage for the authority;
   97         authorizing the authority to request the governing
   98         board of the district to levy ad valorem taxes within
   99         the boundaries of the authority to finance authority
  100         functions; providing requirements and procedures with
  101         respect to the collection of such taxes; amending ss.
  102         120.52, 163.3167, 163.3177, 163.3191, 189.404,
  103         189.4155, 189.4156, and 367.021, F.S.; conforming
  104         cross-references and removing obsolete provisions;
  105         amending ss. 373.036, 373.0363, 373.0421, 373.0695,
  106         373.223, 373.2234, 373.229, 373.236, 373.536, 373.59,
  107         378.212, 378.404, 403.0891, 403.890, 403.891, and
  108         682.02, F.S.; conforming cross-references and removing
  109         obsolete provisions; renumbering s. 373.71, F.S.;
  110         relating to the Apalachicola-Chattahoochee-Flint River
  111         Basin Compact, to clarify retention of the section in
  112         part VI of ch. 373, F.S.; repealing s. 373.0361, F.S.,
  113         relating to regional water supply planning; repealing
  114         s. 373.0391, F.S., relating to technical assistance to
  115         local governments; repealing s. 373.0831, F.S.,
  116         relating to water resource and water supply
  117         development; repealing s. 373.196, F.S., relating to
  118         alternative water supply development; repealing s.
  119         373.1961, F.S., relating to water production and
  120         related powers and duties of water management
  121         districts; repealing s. 373.1962, F.S., relating to
  122         regional water supply authorities; repealing s.
  123         373.1963, F.S., relating to assistance to the West
  124         Coast Regional Water Supply Authority; amending s.
  125         373.1961, F.S.; adding a high-water recharge criterion
  126         to the ranking criteria for water projects; amending
  127         s. 373.019, F.S.; redefining the term “alternative
  128         water supply” to include conservation projects;
  129         amending s. 373.414, F.S.; adding limestone extraction
  130         operations to activities in surface waters and
  131         wetlands that require mitigation; amending s. 378.901,
  132         F.S.; allowing life-of-the-mine permits for limestone
  133         extraction operations; providing authority for local
  134         governments to impose different permit restrictions;
  135         creating s. 373.4131, F.S.; providing legislative
  136         findings; providing definitions; directing the
  137         Department of Environmental Protection, along with the
  138         water management districts, to create a statewide
  139         uniform stormwater management rule; providing
  140         requirements for rule creation; exempting agriculture
  141         from the rule; amending s. 373.41492, F.S.; updating
  142         mitigation fees for the Miami-Dade Lake Belt
  143         Mitigation Plan; amending s. 403.031, F.S.; modifying
  144         the definition of “pollution” to include excess
  145         nutrients; providing definitions for “first magnitude
  146         spring” and “second magnitude spring”; amending s.
  147         403.061, F.S.; directing the Department of
  148         Environmental Protection to limit nutrients in water
  149         bodies; creating s. 403.0675, F.S.; directing the
  150         Department of Environmental Protection to establish
  151         and implement numeric nutrient criteria that comply
  152         with the United States Environmental Protection
  153         Agency’s requirements; providing legislative findings;
  154         providing requirements for development of the numeric
  155         nutrient criteria; amending s. 215.619, F.S.;
  156         authorizing the issuance of bonds to be used to
  157         finance the management of sewage facilities in the
  158         Florida Keys Area of Critical State Concern; amending
  159         s. 380.0552, F.S.; revising legislative intent
  160         relating to the designation of the Florida Keys as an
  161         area of critical state concern; revising the
  162         procedures for removing the designation; providing for
  163         administrative review of such removal rather than
  164         judicial review; authorizing the Administration
  165         Commission to adopt rules or revise existing rules;
  166         revising the principles guiding development; revising
  167         compliance requirements for reviewing comprehensive
  168         plan amendments; amending s. 381.0065, F.S.; providing
  169         additional legislative intent; providing additional
  170         requirements for onsite sewage treatment and disposal
  171         systems in Monroe County; directing the Department of
  172         Health to create and administer a statewide septic
  173         tank evaluation program; providing procedures and
  174         criteria for the evaluation program; prohibiting the
  175         land application of septage after January 1, 2016;
  176         creating s. 381.00656, F.S.; providing for a low
  177         income grant program for septic tank maintenance and
  178         replacement; amending s. 381.0066, F.S.; authorizing
  179         the Department of Health to collect an evaluation
  180         report fee; requiring such fees to be revenue neutral;
  181         amending s. 403.086, F.S.; requiring the Department of
  182         Environmental Protection to submit a report on the
  183         effects of reclaimed water use; clarifying reuse
  184         requirements for domestic wastewater facilities that
  185         discharge through ocean outfalls; clarifying reuse
  186         requirements for domestic wastewater facilities that
  187         divert wastewater from facilities discharging through
  188         ocean outfalls; providing legislative findings and
  189         discharge requirements for wastewater facilities in
  190         Monroe County; repealing sections 4, 5, and 6 of
  191         chapter 99-395, Laws of Florida, as amended, relating
  192         to sewage treatment in the Florida Keys; amending s.
  193         403.1835, F.S.; conforming terms to changes made to
  194         the Florida Water Pollution Control Financing
  195         Corporation; amending s. 403.1837, F.S.; expanding the
  196         purview of the corporation to include loans made from
  197         the drinking water state revolving loan fund;
  198         providing conforming changes; amending s. 403.8532,
  199         F.S.; providing definitions for the terms “bonds” and
  200         “corporation”; providing conforming changes;
  201         authorizing the Department of Environmental Protection
  202         to adopt certain rules; amending s. 403.8533, F.S.;
  203         revising the purposes for the Drinking Water Revolving
  204         Loan Trust Fund; providing that the trust fund is
  205         exempt from the termination provisions of the State
  206         Constitution; amending s. 369.317, F.S.; clarifying
  207         mitigation offsets in the Wekiva Study Area; creating
  208         s. 373.631, F.S.; providing legislative intent to
  209         utilize State University System academic bodies to
  210         provide regular science-based policy recommendations
  211         to the Legislature; directing that the University of
  212         Florida Water Institute be the lead academic body;
  213         amending s. 553.77, F.S.; directing the Florida
  214         Building Commission to recommend products that result
  215         in water conservation; amending s. 215.47, F.S.;
  216         authorizing the State Board of Administration to make
  217         investments in alternative water supply and water
  218         resource development projects; amending s. 373.129,
  219         F.S.; requiring the water management districts to
  220         submit to alternative dispute resolution in conflicts
  221         with other governmental entities; amending s. 403.707,
  222         F.S.; requiring liners for new landfills and
  223         expansions of existing landfills not yet permitted
  224         that will accept construction and demolition debris;
  225         amending s. 298.66, F.S.; clarifying penalties for
  226         people who damage drainage works constructed or
  227         maintained by a water management district; amending s.
  228         212.055, F.S.; allowing counties designated as an area
  229         of critical state concern to levy a one-cent sales
  230         surtax for stormwater and wastewater management;
  231         requiring approval of the surtax by voter referendum;
  232         providing legislative intent that there are no
  233         substantive changes in the reorganization ch. 373,
  234         F.S.; providing legislative intent that substantive
  235         changes affecting repealed sections of law relating to
  236         the reorganization of ch. 373, F.S., shall be given
  237         full force and effect; providing an effective date.
  238  
  239  Be It Enacted by the Legislature of the State of Florida:
  240  
  241         Section 1. Part VII of chapter 373, Florida Statutes,
  242  consisting of sections 373.701, 373.703, 373.705, 373.707,
  243  373.709, 373.711, 373.713, and 373.715, is created to read:
  244                              PART VII                             
  245       WATER SUPPLY POLICY, PLANNING, PRODUCTION, AND FUNDING      
  246         373.701 Declaration of policy.—It is declared to be the
  247  policy of the Legislature:
  248         (1) To promote the availability of sufficient water for all
  249  existing and future reasonable-beneficial uses and natural
  250  systems.
  251         (2)(a) Because water constitutes a public resource
  252  benefiting the entire state, it is the policy of the Legislature
  253  that the waters in the state be managed on a state and regional
  254  basis. Consistent with this directive, the Legislature
  255  recognizes the need to allocate water throughout the state so as
  256  to meet all reasonable-beneficial uses. However, the Legislature
  257  acknowledges that such allocations have in the past adversely
  258  affected the water resources of certain areas in this state. To
  259  protect such water resources and to meet the current and future
  260  needs of those areas with abundant water, the Legislature
  261  directs the department and the water management districts to
  262  encourage the use of water from sources nearest the area of use
  263  or application whenever practicable. Such sources shall include
  264  all naturally occurring water sources and all alternative water
  265  sources, including, but not limited to, desalination,
  266  conservation, reuse of nonpotable reclaimed water and
  267  stormwater, and aquifer storage and recovery. Reuse of potable
  268  reclaimed water and stormwater shall not be subject to the
  269  evaluation described in s. 373.223(3)(a)-(g). However, this
  270  directive to encourage the use of water, whenever practicable,
  271  from sources nearest the area of use or application shall not
  272  apply to the transport and direct and indirect use of water
  273  within the area encompassed by the Central and Southern Florida
  274  Flood Control Project, nor shall it apply anywhere in the state
  275  to the transport and use of water supplied exclusively for
  276  bottled water as defined in s. 500.03(1)(d), nor shall it apply
  277  to the transport and use of reclaimed water for electrical power
  278  production by an electric utility as defined in s. 366.02(2).
  279         (b) In establishing the policy outlined in paragraph (a),
  280  the Legislature realizes that under certain circumstances the
  281  need to transport water from distant sources may be necessary
  282  for environmental, technical, or economic reasons.
  283         (3) Cooperative efforts between municipalities, counties,
  284  water management districts, and the department are mandatory in
  285  order to meet the water needs of rapidly urbanizing areas in a
  286  manner that will supply adequate and dependable supplies of
  287  water where needed without resulting in adverse effects upon the
  288  areas from which such water is withdrawn. Such efforts should
  289  use all practical means of obtaining water, including, but not
  290  limited to, withdrawals of surface water and ground water,
  291  reuse, and desalination and will necessitate not only
  292  cooperation but also well-coordinated activities.
  293  Municipalities, counties, and special districts are encouraged
  294  to create regional water supply authorities as authorized in s.
  295  373.713 or multijurisdictional water supply entities.
  296         373.703 Water production; general powers and duties.—In the
  297  performance of, and in conjunction with, its other powers and
  298  duties, the governing board of a water management district
  299  existing pursuant to this chapter:
  300         (1) Shall engage in planning to assist counties,
  301  municipalities, special districts, publicly owned and privately
  302  owned water utilities, multijurisdictional water supply
  303  entities, or regional water supply authorities in meeting water
  304  supply needs in such manner as will give priority to encouraging
  305  conservation and reducing adverse environmental effects of
  306  improper or excessive withdrawals of water from concentrated
  307  areas. As used in this section and s. 373.707, regional water
  308  supply authorities are regional water authorities created under
  309  s. 373.713 or other laws of this state.
  310         (2) Shall assist counties, municipalities, special
  311  districts, publicly owned or privately owned water utilities,
  312  multijurisdictional water supply entities, or regional water
  313  supply authorities in meeting water supply needs in such manner
  314  as will give priority to encouraging conservation and reducing
  315  adverse environmental effects of improper or excessive
  316  withdrawals of water from concentrated areas.
  317         (3) May establish, design, construct, operate, and maintain
  318  water production and transmission facilities for the purpose of
  319  supplying water to counties, municipalities, special districts,
  320  publicly owned and privately owned water utilities,
  321  multijurisdictional water supply entities, or regional water
  322  supply authorities. The permit required by part II of this
  323  chapter for a water management district engaged in water
  324  production and transmission shall be granted, denied, or granted
  325  with conditions by the department.
  326         (4) Shall not engage in local water supply distribution.
  327         (5) Shall not deprive, directly or indirectly, any county
  328  wherein water is withdrawn of the prior right to the reasonable
  329  and beneficial use of water which is required to supply
  330  adequately the reasonable and beneficial needs of the county or
  331  any of the inhabitants or property owners therein.
  332         (6) May provide water and financial assistance to regional
  333  water supply authorities, but may not provide water to counties
  334  and municipalities which are located within the area of such
  335  authority without the specific approval of the authority or, in
  336  the event of the authority’s disapproval, the approval of the
  337  Governor and Cabinet sitting as the Land and Water Adjudicatory
  338  Commission. The district may supply water at rates and upon
  339  terms mutually agreed to by the parties or, if they do not
  340  agree, as set by the governing board and specifically approved
  341  by the Governor and Cabinet sitting as the Land and Water
  342  Adjudicatory Commission.
  343         (7) May acquire title to such interest as is necessary in
  344  real property, by purchase, gift, devise, lease, eminent domain,
  345  or otherwise, for water production and transmission consistent
  346  with this section and s. 373.707. However, the district shall
  347  not use any of the eminent domain powers herein granted to
  348  acquire water and water rights already devoted to reasonable and
  349  beneficial use or any water production or transmission
  350  facilities owned by any county, municipality, or regional water
  351  supply authority. The district may exercise eminent domain
  352  powers outside of its district boundaries for the acquisition of
  353  pumpage facilities, storage areas, transmission facilities, and
  354  the normal appurtenances thereto, provided that at least 45 days
  355  prior to the exercise of eminent domain, the district notifies
  356  the district where the property is located after public notice
  357  and the district where the property is located does not object
  358  within 45 days after notification of such exercise of eminent
  359  domain authority.
  360         (8) In addition to the power to issue revenue bonds
  361  pursuant to s. 373.584, may issue revenue bonds for the purposes
  362  of paying the costs and expenses incurred in carrying out the
  363  purposes of this chapter or refunding obligations of the
  364  district issued pursuant to this section. Such revenue bonds
  365  shall be secured by, and be payable from, revenues derived from
  366  the operation, lease, or use of its water production and
  367  transmission facilities and other water-related facilities and
  368  from the sale of water or services relating thereto. Such
  369  revenue bonds may not be secured by, or be payable from, moneys
  370  derived by the district from the Water Management Lands Trust
  371  Fund or from ad valorem taxes received by the district. All
  372  provisions of s. 373.584 relating to the issuance of revenue
  373  bonds which are not inconsistent with this section shall apply
  374  to the issuance of revenue bonds pursuant to this section. The
  375  district may also issue bond anticipation notes in accordance
  376  with the provisions of s. 373.584.
  377         (9) May join with one or more other water management
  378  districts, counties, municipalities, special districts, publicly
  379  owned or privately owned water utilities, multijurisdictional
  380  water supply entities, or regional water supply authorities for
  381  the purpose of carrying out any of its powers, and may contract
  382  with such other entities to finance acquisitions, construction,
  383  operation, and maintenance. The contract may provide for
  384  contributions to be made by each party thereto, for the division
  385  and apportionment of the expenses of acquisitions, construction,
  386  operation, and maintenance, and for the division and
  387  apportionment of the benefits, services, and products therefrom.
  388  The contracts may contain other covenants and agreements
  389  necessary and appropriate to accomplish their purposes.
  390         373.705 Water resource development; water supply
  391  development.—
  392         (1) The Legislature finds that:
  393         (a) The proper role of the water management districts in
  394  water supply is primarily planning and water resource
  395  development, but this does not preclude them from providing
  396  assistance with water supply development.
  397         (b) The proper role of local government, regional water
  398  supply authorities, and government-owned and privately owned
  399  water utilities in water supply is primarily water supply
  400  development, but this does not preclude them from providing
  401  assistance with water resource development.
  402         (c) Water resource development and water supply development
  403  must receive priority attention, where needed, to increase the
  404  availability of sufficient water for all existing and future
  405  reasonable-beneficial uses and natural systems.
  406         (2) It is the intent of the Legislature that:
  407         (a) Sufficient water be available for all existing and
  408  future reasonable-beneficial uses and the natural systems, and
  409  that the adverse effects of competition for water supplies be
  410  avoided.
  411         (b) Water management districts take the lead in identifying
  412  and implementing water resource development projects, and be
  413  responsible for securing necessary funding for regionally
  414  significant water resource development projects.
  415         (c) Local governments, regional water supply authorities,
  416  and government-owned and privately owned water utilities take
  417  the lead in securing funds for and implementing water supply
  418  development projects. Generally, direct beneficiaries of water
  419  supply development projects should pay the costs of the projects
  420  from which they benefit, and water supply development projects
  421  should continue to be paid for through local funding sources.
  422         (d) Water supply development be conducted in coordination
  423  with water management district regional water supply planning
  424  and water resource development.
  425         (3) The water management districts shall fund and implement
  426  water resource development as defined in s. 373.019. The water
  427  management districts are encouraged to implement water resource
  428  development as expeditiously as possible in areas subject to
  429  regional water supply plans. Each governing board shall include
  430  in its annual budget the amount needed for the fiscal year to
  431  implement water resource development projects, as prioritized in
  432  its regional water supply plans.
  433         (4)(a) Water supply development projects that are
  434  consistent with the relevant regional water supply plans and
  435  that meet one or more of the following criteria shall receive
  436  priority consideration for state or water management district
  437  funding assistance:
  438         1. The project supports establishment of a dependable,
  439  sustainable supply of water which is not otherwise financially
  440  feasible;
  441         2. The project provides substantial environmental benefits
  442  by preventing or limiting adverse water resource impacts, but
  443  requires funding assistance to be economically competitive with
  444  other options; or
  445         3. The project significantly implements reuse, storage,
  446  recharge, or conservation of water in a manner that contributes
  447  to the sustainability of regional water sources.
  448         (b) Water supply development projects that meet the
  449  criteria in paragraph (a) and that meet one or more of the
  450  following additional criteria shall be given first consideration
  451  for state or water management district funding assistance:
  452         1. The project brings about replacement of existing sources
  453  in order to help implement a minimum flow or level; or
  454         2. The project implements reuse that assists in the
  455  elimination of domestic wastewater ocean outfalls as provided in
  456  s. 403.086(9).
  457         373.707 Alternative water supply development.—
  458         (1) The purpose of this section is to encourage cooperation
  459  in the development of water supplies and to provide for
  460  alternative water supply development.
  461         (a) Demands on natural supplies of fresh water to meet the
  462  needs of a rapidly growing population and the needs of the
  463  environment, agriculture, industry, and mining will continue to
  464  increase.
  465         (b) There is a need for the development of alternative
  466  water supplies for Florida to sustain its economic growth,
  467  economic viability, and natural resources.
  468         (c) Cooperative efforts between municipalities, counties,
  469  special districts, water management districts, and the
  470  Department of Environmental Protection are mandatory in order to
  471  meet the water needs of rapidly urbanizing areas in a manner
  472  that will supply adequate and dependable supplies of water where
  473  needed without resulting in adverse effects upon the areas from
  474  which such water is withdrawn. Such efforts should use all
  475  practical means of obtaining water, including, but not limited
  476  to, withdrawals of surface water and ground water, reuse, and
  477  desalinization, and will necessitate not only cooperation but
  478  also well-coordinated activities. Municipalities, counties, and
  479  special districts are encouraged to create regional water supply
  480  authorities as authorized in s. 373.713 or multijurisdictional
  481  water supply entities.
  482         (d) Alternative water supply development must receive
  483  priority funding attention to increase the available supplies of
  484  water to meet all existing and future reasonable-beneficial uses
  485  and to benefit the natural systems.
  486         (e) Cooperation between counties, municipalities, regional
  487  water supply authorities, multijurisdictional water supply
  488  entities, special districts, and publicly owned and privately
  489  owned water utilities in the development of countywide and
  490  multicountywide alternative water supply projects will allow for
  491  necessary economies of scale and efficiencies to be achieved in
  492  order to accelerate the development of new, dependable, and
  493  sustainable alternative water supplies.
  494         (f) It is in the public interest that county, municipal,
  495  industrial, agricultural, and other public and private water
  496  users, the Department of Environmental Protection, and the water
  497  management districts cooperate and work together in the
  498  development of alternative water supplies to avoid the adverse
  499  effects of competition for limited supplies of water. Public
  500  moneys or services provided to private entities for alternative
  501  water supply development may constitute public purposes that
  502  also are in the public interest.
  503         (2)(a) Sufficient water must be available for all existing
  504  and future reasonable-beneficial uses and the natural systems,
  505  and the adverse effects of competition for water supplies must
  506  be avoided.
  507         (b) Water supply development and alternative water supply
  508  development must be conducted in coordination with water
  509  management district regional water supply planning.
  510         (c) Funding for the development of alternative water
  511  supplies shall be a shared responsibility of water suppliers and
  512  users, the State of Florida, and the water management districts,
  513  with water suppliers and users having the primary responsibility
  514  and the State of Florida and the water management districts
  515  being responsible for providing funding assistance.
  516         (3) The primary roles of the water management districts in
  517  water resource development as it relates to supporting
  518  alternative water supply development are:
  519         (a) The formulation and implementation of regional water
  520  resource management strategies that support alternative water
  521  supply development;
  522         (b) The collection and evaluation of surface water and
  523  groundwater data to be used for a planning level assessment of
  524  the feasibility of alternative water supply development
  525  projects;
  526         (c) The construction, operation, and maintenance of major
  527  public works facilities for flood control, surface and
  528  underground water storage, and groundwater recharge augmentation
  529  to support alternative water supply development;
  530         (d) Planning for alternative water supply development as
  531  provided in regional water supply plans in coordination with
  532  local governments, regional water supply authorities,
  533  multijurisdictional water supply entities, special districts,
  534  and publicly owned and privately owned water utilities and self
  535  suppliers;
  536         (e) The formulation and implementation of structural and
  537  nonstructural programs to protect and manage water resources in
  538  support of alternative water supply projects; and
  539         (f) The provision of technical and financial assistance to
  540  local governments and publicly owned and privately owned water
  541  utilities for alternative water supply projects.
  542         (4) The primary roles of local government, regional water
  543  supply authorities, multijurisdictional water supply entities,
  544  special districts, and publicly owned and privately owned water
  545  utilities in alternative water supply development shall be:
  546         (a) The planning, design, construction, operation, and
  547  maintenance of alternative water supply development projects;
  548         (b) The formulation and implementation of alternative water
  549  supply development strategies and programs;
  550         (c) The planning, design, construction, operation, and
  551  maintenance of facilities to collect, divert, produce, treat,
  552  transmit, and distribute water for sale, resale, or end use; and
  553         (d) The coordination of alternative water supply
  554  development activities with the appropriate water management
  555  district having jurisdiction over the activity.
  556         (5) Nothing in this section shall be construed to preclude
  557  the various special districts, municipalities, and counties from
  558  continuing to operate existing water production and transmission
  559  facilities or to enter into cooperative agreements with other
  560  special districts, municipalities, and counties for the purpose
  561  of meeting their respective needs for dependable and adequate
  562  supplies of water; however, the obtaining of water through such
  563  operations shall not be done in a manner that results in adverse
  564  effects upon the areas from which such water is withdrawn.
  565         (6)(a) The statewide funds provided pursuant to the Water
  566  Protection and Sustainability Program serve to supplement
  567  existing water management district or basin board funding for
  568  alternative water supply development assistance and should not
  569  result in a reduction of such funding. Therefore, the water
  570  management districts shall include in the annual tentative and
  571  adopted budget submittals required under this chapter the amount
  572  of funds allocated for water resource development that supports
  573  alternative water supply development and the funds allocated for
  574  alternative water supply projects selected for inclusion in the
  575  Water Protection and Sustainability Program. It shall be the
  576  goal of each water management district and basin boards that the
  577  combined funds allocated annually for these purposes be, at a
  578  minimum, the equivalent of 100 percent of the state funding
  579  provided to the water management district for alternative water
  580  supply development. If this goal is not achieved, the water
  581  management district shall provide in the budget submittal an
  582  explanation of the reasons or constraints that prevent this goal
  583  from being met, an explanation of how the goal will be met in
  584  future years, and affirmation of match is required during the
  585  budget review process as established under s. 373.536(5). The
  586  Suwannee River Water Management District and the Northwest
  587  Florida Water Management District shall not be required to meet
  588  the match requirements of this paragraph; however, they shall
  589  try to achieve the match requirement to the greatest extent
  590  practicable.
  591         (b) State funds from the Water Protection and
  592  Sustainability Program created in s. 403.890 shall be made
  593  available for financial assistance for the project construction
  594  costs of alternative water supply development projects selected
  595  by a water management district governing board for inclusion in
  596  the program.
  597         (7) The water management district shall implement its
  598  responsibilities as expeditiously as possible in areas subject
  599  to regional water supply plans. Each district’s governing board
  600  shall include in its annual budget the amount needed for the
  601  fiscal year to assist in implementing alternative water supply
  602  development projects.
  603         (8)(a) The water management districts and the state shall
  604  share a percentage of revenues with water providers and users,
  605  including local governments, water, wastewater, and reuse
  606  utilities, municipal, special district, industrial, and
  607  agricultural water users, and other public and private water
  608  users, to be used to supplement other funding sources in the
  609  development of alternative water supplies.
  610         (b) Beginning in the 2005-2006 fiscal year, the state shall
  611  annually provide a portion of those revenues deposited into the
  612  Water Protection and Sustainability Program Trust Fund for the
  613  purpose of providing funding assistance for the development of
  614  alternative water supplies pursuant to the Water Protection and
  615  Sustainability Program. At the beginning of each fiscal year,
  616  beginning with the 2005-2006 fiscal year, such revenues shall be
  617  distributed by the department into the alternative water supply
  618  trust fund accounts created by each district for the purpose of
  619  alternative water supply development under the following funding
  620  formula:
  621         1. Thirty percent to the South Florida Water Management
  622  District;
  623         2. Twenty-five percent to the Southwest Florida Water
  624  Management District;
  625         3. Twenty-five percent to the St. Johns River Water
  626  Management District;
  627         4. Ten percent to the Suwannee River Water Management
  628  District; and
  629         5. Ten percent to the Northwest Florida Water Management
  630  District.
  631         (c) The financial assistance for alternative water supply
  632  projects allocated in each district’s budget as required in
  633  subsection (6) shall be combined with the state funds and used
  634  to assist in funding the project construction costs of
  635  alternative water supply projects selected by the governing
  636  board. If the district has not completed any regional water
  637  supply plan, or the regional water supply plan does not identify
  638  the need for any alternative water supply projects, funds
  639  deposited in that district’s trust fund may be used for water
  640  resource development projects, including, but not limited to,
  641  springs protection.
  642         (d) All projects submitted to the governing board for
  643  consideration shall reflect the total capital cost for
  644  implementation. The costs shall be segregated pursuant to the
  645  categories described in the definition of capital costs.
  646         (e) Applicants for projects that may receive funding
  647  assistance pursuant to the Water Protection and Sustainability
  648  Program shall, at a minimum, be required to pay 60 percent of
  649  the project’s construction costs. The water management districts
  650  may, at their discretion, totally or partially waive this
  651  requirement for projects sponsored by financially disadvantaged
  652  small local governments as defined in former s. 403.885(5). The
  653  water management districts or basin boards may, at their
  654  discretion, use ad valorem or federal revenues to assist a
  655  project applicant in meeting the requirements of this paragraph.
  656         (f) The governing boards shall determine those projects
  657  that will be selected for financial assistance. The governing
  658  boards may establish factors to determine project funding;
  659  however, significant weight shall be given to the following
  660  factors:
  661         1. Whether the project provides substantial environmental
  662  benefits by preventing or limiting adverse water resource
  663  impacts.
  664         2. Whether the project reduces competition for water
  665  supplies.
  666         3. Whether the project brings about replacement of
  667  traditional sources in order to help implement a minimum flow or
  668  level or a reservation.
  669         4. Whether the project will be implemented by a consumptive
  670  use permittee that has achieved the targets contained in a goal
  671  based water conservation program approved pursuant to s.
  672  373.227.
  673         5. The quantity of water supplied by the project as
  674  compared to its cost.
  675         6. Projects in which the construction and delivery to end
  676  users of reuse water is a major component.
  677         7. Whether the project will be implemented by a
  678  multijurisdictional water supply entity or regional water supply
  679  authority.
  680         8. Whether the project implements reuse that assists in the
  681  elimination of domestic wastewater ocean outfalls as provided in
  682  s. 403.086(9).
  683         (g) Additional factors to be considered in determining
  684  project funding shall include:
  685         1. Whether the project is part of a plan to implement two
  686  or more alternative water supply projects, all of which will be
  687  operated to produce water at a uniform rate for the participants
  688  in a multijurisdictional water supply entity or regional water
  689  supply authority.
  690         2. The percentage of project costs to be funded by the
  691  water supplier or water user.
  692         3. Whether the project proposal includes sufficient
  693  preliminary planning and engineering to demonstrate that the
  694  project can reasonably be implemented within the timeframes
  695  provided in the regional water supply plan.
  696         4. Whether the project is a subsequent phase of an
  697  alternative water supply project that is underway.
  698         5. Whether and in what percentage a local government or
  699  local government utility is transferring water supply system
  700  revenues to the local government general fund in excess of
  701  reimbursements for services received from the general fund,
  702  including direct and indirect costs and legitimate payments in
  703  lieu of taxes.
  704         (h) After conducting one or more meetings to solicit public
  705  input on eligible projects, including input from those entities
  706  identified pursuant to s. 373.709(2)(a)3.d. for implementation
  707  of alternative water supply projects, the governing board of
  708  each water management district shall select projects for funding
  709  assistance based upon the criteria set forth in paragraphs (f)
  710  and (g). The governing board may select a project identified or
  711  listed as an alternative water supply development project in the
  712  regional water supply plan, or allocate up to 20 percent of the
  713  funding for alternative water supply projects that are not
  714  identified or listed in the regional water supply plan but are
  715  consistent with the goals of the plan.
  716         (i) Without diminishing amounts available through other
  717  means described in this paragraph, the governing boards are
  718  encouraged to consider establishing revolving loan funds to
  719  expand the total funds available to accomplish the objectives of
  720  this section. A revolving loan fund created under this paragraph
  721  must be a nonlapsing fund from which the water management
  722  district may make loans with interest rates below prevailing
  723  market rates to public or private entities for the purposes
  724  described in this section. The governing board may adopt
  725  resolutions to establish revolving loan funds which must specify
  726  the details of the administration of the fund, the procedures
  727  for applying for loans from the fund, the criteria for awarding
  728  loans from the fund, the initial capitalization of the fund, and
  729  the goals for future capitalization of the fund in subsequent
  730  budget years. Revolving loan funds created under this paragraph
  731  must be used to expand the total sums and sources of cooperative
  732  funding available for the development of alternative water
  733  supplies. The Legislature does not intend for the creation of
  734  revolving loan funds to supplant or otherwise reduce existing
  735  sources or amounts of funds currently available through other
  736  means.
  737         (j) For each utility that receives financial assistance
  738  from the state or a water management district for an alternative
  739  water supply project, the water management district shall
  740  require the appropriate rate-setting authority to develop rate
  741  structures for water customers in the service area of the funded
  742  utility that will:
  743         1. Promote the conservation of water; and
  744         2. Promote the use of water from alternative water
  745  supplies.
  746         (k) The governing boards shall establish a process for the
  747  disbursal of revenues pursuant to this subsection.
  748         (l) All revenues made available pursuant to this subsection
  749  must be encumbered annually by the governing board when it
  750  approves projects sufficient to expend the available revenues.
  751         (m) This subsection is not subject to the rulemaking
  752  requirements of chapter 120.
  753         (n) By March 1 of each year, as part of the consolidated
  754  annual report required by s. 373.036(7), each water management
  755  district shall submit a report on the disbursal of all budgeted
  756  amounts pursuant to this section. Such report shall describe all
  757  alternative water supply projects funded as well as the quantity
  758  of new water to be created as a result of such projects and
  759  shall account separately for any other moneys provided through
  760  grants, matching grants, revolving loans, and the use of
  761  district lands or facilities to implement regional water supply
  762  plans.
  763         (o) The Florida Public Service Commission shall allow
  764  entities under its jurisdiction constructing or participating in
  765  constructing facilities that provide alternative water supplies
  766  to recover their full, prudently incurred cost of constructing
  767  such facilities through their rate structure. If construction of
  768  a facility or participation in construction is pursuant to or in
  769  furtherance of a regional water supply plan, the cost shall be
  770  deemed to be prudently incurred. Every component of an
  771  alternative water supply facility constructed by an investor
  772  owned utility shall be recovered in current rates. Any state or
  773  water management district cost-share is not subject to the
  774  recovery provisions allowed in this paragraph.
  775         (9) Funding assistance provided by the water management
  776  districts for a water reuse system may include the following
  777  conditions for that project if a water management district
  778  determines that such conditions will encourage water use
  779  efficiency:
  780         (a) Metering of reclaimed water use for residential
  781  irrigation, agricultural irrigation, industrial uses, except for
  782  electric utilities as defined in s. 366.02(2), landscape
  783  irrigation, golf course irrigation, irrigation of other public
  784  access areas, commercial and institutional uses such as toilet
  785  flushing, and transfers to other reclaimed water utilities;
  786         (b) Implementation of reclaimed water rate structures based
  787  on actual use of reclaimed water for the reuse activities listed
  788  in paragraph (a);
  789         (c) Implementation of education programs to inform the
  790  public about water issues, water conservation, and the
  791  importance and proper use of reclaimed water; or
  792         (d) Development of location data for key reuse facilities.
  793         373.709 Regional water supply planning.—
  794         (1) The governing board of each water management district
  795  shall conduct water supply planning for any water supply
  796  planning region within the district identified in the
  797  appropriate district water supply plan under s. 373.036, where
  798  it determines that existing sources of water are not adequate to
  799  supply water for all existing and future reasonable-beneficial
  800  uses and to sustain the water resources and related natural
  801  systems for the planning period. The planning must be conducted
  802  in an open public process, in coordination and cooperation with
  803  local governments, regional water supply authorities,
  804  government-owned and privately owned water utilities,
  805  multijurisdictional water supply entities, self-suppliers, and
  806  other affected and interested parties. The districts shall
  807  actively engage in public education and outreach to all affected
  808  local entities and their officials, as well as members of the
  809  public, in the planning process and in seeking input. During
  810  preparation, but prior to completion of the regional water
  811  supply plan, the district must conduct at least one public
  812  workshop to discuss the technical data and modeling tools
  813  anticipated to be used to support the regional water supply
  814  plan. The district shall also hold several public meetings to
  815  communicate the status, overall conceptual intent, and impacts
  816  of the plan on existing and future reasonable-beneficial uses
  817  and related natural systems. During the planning process, a
  818  local government may choose to prepare its own water supply
  819  assessment to determine if existing water sources are adequate
  820  to meet existing and projected reasonable-beneficial needs of
  821  the local government while sustaining water resources and
  822  related natural systems. The local government shall submit such
  823  assessment, including the data and methodology used, to the
  824  district. The district shall consider the local government’s
  825  assessment during the formation of the plan. A determination by
  826  the governing board that initiation of a regional water supply
  827  plan for a specific planning region is not needed pursuant to
  828  this section shall be subject to s. 120.569. The governing board
  829  shall reevaluate such a determination at least once every 5
  830  years and shall initiate a regional water supply plan, if
  831  needed, pursuant to this subsection.
  832         (2) Each regional water supply plan shall be based on at
  833  least a 20-year planning period and shall include, but need not
  834  be limited to:
  835         (a) A water supply development component for each water
  836  supply planning region identified by the district which
  837  includes:
  838         1. A quantification of the water supply needs for all
  839  existing and future reasonable-beneficial uses within the
  840  planning horizon. The level-of-certainty planning goal
  841  associated with identifying the water supply needs of existing
  842  and future reasonable-beneficial uses shall be based upon
  843  meeting those needs for a 1-in-10-year drought event. Population
  844  projections used for determining public water supply needs must
  845  be based upon the best available data. In determining the best
  846  available data, the district shall consider the University of
  847  Florida’s Bureau of Economic and Business Research (BEBR) medium
  848  population projections and any population projection data and
  849  analysis submitted by a local government pursuant to the public
  850  workshop described in subsection (1) if the data and analysis
  851  support the local government’s comprehensive plan. Any
  852  adjustment of or deviation from the BEBR projections must be
  853  fully described, and the original BEBR data must be presented
  854  along with the adjusted data.
  855         2. A list of water supply development project options,
  856  including traditional and alternative water supply project
  857  options, from which local government, government-owned and
  858  privately owned utilities, regional water supply authorities,
  859  multijurisdictional water supply entities, self-suppliers, and
  860  others may choose for water supply development. In addition to
  861  projects listed by the district, such users may propose specific
  862  projects for inclusion in the list of alternative water supply
  863  projects. If such users propose a project to be listed as an
  864  alternative water supply project, the district shall determine
  865  whether it meets the goals of the plan, and, if so, it shall be
  866  included in the list. The total capacity of the projects
  867  included in the plan shall exceed the needs identified in
  868  subparagraph 1. and shall take into account water conservation
  869  and other demand management measures, as well as water resources
  870  constraints, including adopted minimum flows and levels and
  871  water reservations. Where the district determines it is
  872  appropriate, the plan should specifically identify the need for
  873  multijurisdictional approaches to project options that, based on
  874  planning level analysis, are appropriate to supply the intended
  875  uses and that, based on such analysis, appear to be permittable
  876  and financially and technically feasible. The list of water
  877  supply development options must contain provisions that
  878  recognize that alternative water supply options for agricultural
  879  self-suppliers are limited.
  880         3. For each project option identified in subparagraph 2.,
  881  the following shall be provided:
  882         a. An estimate of the amount of water to become available
  883  through the project.
  884         b. The timeframe in which the project option should be
  885  implemented and the estimated planning-level costs for capital
  886  investment and operating and maintaining the project.
  887         c. An analysis of funding needs and sources of possible
  888  funding options. For alternative water supply projects the water
  889  management districts shall provide funding assistance in
  890  accordance with s. 373.707(8).
  891         d. Identification of the entity that should implement each
  892  project option and the current status of project implementation.
  893         (b) A water resource development component that includes:
  894         1. A listing of those water resource development projects
  895  that support water supply development.
  896         2. For each water resource development project listed:
  897         a. An estimate of the amount of water to become available
  898  through the project.
  899         b. The timeframe in which the project option should be
  900  implemented and the estimated planning-level costs for capital
  901  investment and for operating and maintaining the project.
  902         c. An analysis of funding needs and sources of possible
  903  funding options.
  904         d. Identification of the entity that should implement each
  905  project option and the current status of project implementation.
  906         (c) The recovery and prevention strategy described in s.
  907  373.0421(2).
  908         (d) A funding strategy for water resource development
  909  projects, which shall be reasonable and sufficient to pay the
  910  cost of constructing or implementing all of the listed projects.
  911         (e) Consideration of how the project options addressed in
  912  paragraph (a) serve the public interest or save costs overall by
  913  preventing the loss of natural resources or avoiding greater
  914  future expenditures for water resource development or water
  915  supply development. However, unless adopted by rule, these
  916  considerations do not constitute final agency action.
  917         (f) The technical data and information applicable to each
  918  planning region which are necessary to support the regional
  919  water supply plan.
  920         (g) The minimum flows and levels established for water
  921  resources within each planning region.
  922         (h) Reservations of water adopted by rule pursuant to s.
  923  373.223(4) within each planning region.
  924         (i) Identification of surface waters or aquifers for which
  925  minimum flows and levels are scheduled to be adopted.
  926         (j) An analysis, developed in cooperation with the
  927  department, of areas or instances in which the variance
  928  provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to
  929  create water supply development or water resource development
  930  projects.
  931         (3) The water supply development component of a regional
  932  water supply plan which deals with or affects public utilities
  933  and public water supply for those areas served by a regional
  934  water supply authority and its member governments within the
  935  boundary of the Southwest Florida Water Management District
  936  shall be developed jointly by the authority and the district. In
  937  areas not served by regional water supply authorities, or other
  938  multijurisdictional water supply entities, and where
  939  opportunities exist to meet water supply needs more efficiently
  940  through multijurisdictional projects identified pursuant to
  941  paragraph (2)(a), water management districts are directed to
  942  assist in developing multijurisdictional approaches to water
  943  supply project development jointly with affected water
  944  utilities, special districts, and local governments.
  945         (4) The South Florida Water Management District shall
  946  include in its regional water supply plan water resource and
  947  water supply development projects that promote the elimination
  948  of wastewater ocean outfalls as provided in s. 403.086(9).
  949         (5) Governing board approval of a regional water supply
  950  plan shall not be subject to the rulemaking requirements of
  951  chapter 120. However, any portion of an approved regional water
  952  supply plan which affects the substantial interests of a party
  953  shall be subject to s. 120.569.
  954         (6) Annually and in conjunction with the reporting
  955  requirements of s. 373.536(6)(a)4., the department shall submit
  956  to the Governor and the Legislature a report on the status of
  957  regional water supply planning in each district. The report
  958  shall include:
  959         (a) A compilation of the estimated costs of and potential
  960  sources of funding for water resource development and water
  961  supply development projects as identified in the water
  962  management district regional water supply plans.
  963         (b) The percentage and amount, by district, of district ad
  964  valorem tax revenues or other district funds made available to
  965  develop alternative water supplies.
  966         (c) A description of each district’s progress toward
  967  achieving its water resource development objectives, including
  968  the district’s implementation of its 5-year water resource
  969  development work program.
  970         (d) An assessment of the specific progress being made to
  971  implement each alternative water supply project option chosen by
  972  the entities and identified for implementation in the plan.
  973         (e) An overall assessment of the progress being made to
  974  develop water supply in each district, including, but not
  975  limited to, an explanation of how each project, either
  976  alternative or traditional, will produce, contribute to, or
  977  account for additional water being made available for
  978  consumptive uses, an estimate of the quantity of water to be
  979  produced by each project, and an assessment of the contribution
  980  of the district’s regional water supply plan in providing
  981  sufficient water to meet the needs of existing and future
  982  reasonable-beneficial uses for a 1-in-10 year drought event, as
  983  well as the needs of the natural systems.
  984         (7) Nothing contained in the water supply development
  985  component of a regional water supply plan shall be construed to
  986  require local governments, government-owned or privately owned
  987  water utilities, special districts, self-suppliers, regional
  988  water supply authorities, multijurisdictional water supply
  989  entities, or other water suppliers to select a water supply
  990  development project identified in the component merely because
  991  it is identified in the plan. Except as provided in s.
  992  373.223(3) and (5), the plan may not be used in the review of
  993  permits under part II of this chapter unless the plan or an
  994  applicable portion thereof has been adopted by rule. However,
  995  this subsection does not prohibit a water management district
  996  from employing the data or other information used to establish
  997  the plan in reviewing permits under part II, nor does it limit
  998  the authority of the department or governing board under part
  999  II.
 1000         (8) Where the water supply component of a water supply
 1001  planning region shows the need for one or more alternative water
 1002  supply projects, the district shall notify the affected local
 1003  governments and make every reasonable effort to educate and
 1004  involve local public officials in working toward solutions in
 1005  conjunction with the districts and, where appropriate, other
 1006  local and regional water supply entities.
 1007         (a) Within 6 months following approval or amendment of its
 1008  regional water supply plan, each water management district shall
 1009  notify by certified mail each entity identified in sub
 1010  subparagraph (2)(a)3.d. of that portion of the plan relevant to
 1011  the entity. Upon request of such an entity, the water management
 1012  district shall appear before and present its findings and
 1013  recommendations to the entity.
 1014         (b) Within 1 year after the notification by a water
 1015  management district pursuant to paragraph (a), each entity
 1016  identified in sub-subparagraph (2)(a)3.d. shall provide to the
 1017  water management district written notification of the following:
 1018  the alternative water supply projects or options identified in
 1019  paragraph (2)(a) which it has developed or intends to develop,
 1020  if any; an estimate of the quantity of water to be produced by
 1021  each project; and the status of project implementation,
 1022  including development of the financial plan, facilities master
 1023  planning, permitting, and efforts in coordinating
 1024  multijurisdictional projects, if applicable. The information
 1025  provided in the notification shall be updated annually, and a
 1026  progress report shall be provided by November 15 of each year to
 1027  the water management district. If an entity does not intend to
 1028  develop one or more of the alternative water supply project
 1029  options identified in the regional water supply plan, the entity
 1030  shall propose, within 1 year after notification by a water
 1031  management district pursuant to paragraph (a), another
 1032  alternative water supply project option sufficient to address
 1033  the needs identified in paragraph (2)(a) within the entity’s
 1034  jurisdiction and shall provide an estimate of the quantity of
 1035  water to be produced by the project and the status of project
 1036  implementation as described in this paragraph. The entity may
 1037  request that the water management district consider the other
 1038  project for inclusion in the regional water supply plan.
 1039         (9) For any regional water supply plan that is scheduled to
 1040  be updated before December 31, 2005, the deadline for such
 1041  update shall be extended by 1 year.
 1042         373.711 Technical assistance to local governments.—
 1043         (1) The water management districts shall assist local
 1044  governments in the development and future revision of local
 1045  government comprehensive plan elements or public facilities
 1046  report as required by s. 189.415, related to water resource
 1047  issues.
 1048         (2) By July 1, 1991, each water management district shall
 1049  prepare and provide information and data to assist local
 1050  governments in the preparation and implementation of their local
 1051  government comprehensive plans or public facilities report as
 1052  required by s. 189.415, whichever is applicable. Such
 1053  information and data shall include, but not be limited to:
 1054         (a) All information and data required in a public
 1055  facilities report pursuant to s. 189.415.
 1056         (b) A description of regulations, programs, and schedules
 1057  implemented by the district.
 1058         (c) Identification of regulations, programs, and schedules
 1059  undertaken or proposed by the district to further the State
 1060  Comprehensive Plan.
 1061         (d) A description of surface water basins, including
 1062  regulatory jurisdictions, flood-prone areas, existing and
 1063  projected water quality in water management district operated
 1064  facilities, as well as surface water runoff characteristics and
 1065  topography regarding flood plains, wetlands, and recharge areas.
 1066         (e) A description of groundwater characteristics, including
 1067  existing and planned wellfield sites, existing and anticipated
 1068  cones of influence, highly productive groundwater areas, aquifer
 1069  recharge areas, deep well injection zones, contaminated areas,
 1070  an assessment of regional water resource needs and sources for
 1071  the next 20 years, and water quality.
 1072         (f) The identification of existing and potential water
 1073  management district land acquisitions.
 1074         (g) Information reflecting the minimum flows for surface
 1075  watercourses to avoid harm to water resources or the ecosystem
 1076  and information reflecting the minimum water levels for aquifers
 1077  to avoid harm to water resources or the ecosystem.
 1078         373.713 Regional water supply authorities.—
 1079         (1) By interlocal agreement between counties,
 1080  municipalities, or special districts, as applicable, pursuant to
 1081  the Florida Interlocal Cooperation Act of 1969, s. 163.01, and
 1082  upon the approval of the Secretary of Environmental Protection
 1083  to ensure that such agreement will be in the public interest and
 1084  complies with the intent and purposes of this act, regional
 1085  water supply authorities may be created for the purpose of
 1086  developing, recovering, storing, and supplying water for county
 1087  or municipal purposes in such a manner as will give priority to
 1088  reducing adverse environmental effects of excessive or improper
 1089  withdrawals of water from concentrated areas. In approving said
 1090  agreement the Secretary of Environmental Protection shall
 1091  consider, but not be limited to, the following:
 1092         (a) Whether the geographic territory of the proposed
 1093  authority is of sufficient size and character to reduce the
 1094  environmental effects of improper or excessive withdrawals of
 1095  water from concentrated areas.
 1096         (b) The maximization of economic development of the water
 1097  resources within the territory of the proposed authority.
 1098         (c) The availability of a dependable and adequate water
 1099  supply.
 1100         (d) The ability of any proposed authority to design,
 1101  construct, operate, and maintain water supply facilities in the
 1102  locations, and at the times necessary, to ensure that an
 1103  adequate water supply will be available to all citizens within
 1104  the authority.
 1105         (e) The effect or impact of any proposed authority on any
 1106  municipality, county, or existing authority or authorities.
 1107         (f) The existing needs of the water users within the area
 1108  of the authority.
 1109         (2) In addition to other powers and duties agreed upon, and
 1110  notwithstanding the provisions of s. 163.01, such authority may:
 1111         (a) Upon approval of the electors residing in each county
 1112  or municipality within the territory to be included in any
 1113  authority, levy ad valorem taxes, not to exceed 0.5 mill,
 1114  pursuant to s. 9(b), Art. VII of the State Constitution. No tax
 1115  authorized by this paragraph shall be levied in any county or
 1116  municipality without an affirmative vote of the electors
 1117  residing in such county or municipality.
 1118         (b) Acquire water and water rights; develop, store, and
 1119  transport water; provide, sell, and deliver water for county or
 1120  municipal uses and purposes; and provide for the furnishing of
 1121  such water and water service upon terms and conditions and at
 1122  rates which will apportion to parties and nonparties an
 1123  equitable share of the capital cost and operating expense of the
 1124  authority’s work to the purchaser.
 1125         (c) Collect, treat, and recover wastewater.
 1126         (d) Not engage in local distribution.
 1127         (e) Exercise the power of eminent domain in the manner
 1128  provided by law for the condemnation of private property for
 1129  public use to acquire title to such interest in real property as
 1130  is necessary to the exercise of the powers herein granted,
 1131  except water and water rights already devoted to reasonable and
 1132  beneficial use or any water production or transmission
 1133  facilities owned by any county or municipality.
 1134         (f) Issue revenue bonds in the manner prescribed by the
 1135  Revenue Bond Act of 1953, as amended, part I, chapter 159, to be
 1136  payable solely from funds derived from the sale of water by the
 1137  authority to any county or municipality. Such bonds may be
 1138  additionally secured by the full faith and credit of any county
 1139  or municipality, as provided by s. 159.16 or by a pledge of
 1140  excise taxes, as provided by s. 159.19. For the purpose of
 1141  issuing revenue bonds, an authority shall be considered a “unit”
 1142  as defined in s. 159.02(2) and as that term is used in the
 1143  Revenue Bond Act of 1953, as amended. Such bonds may be issued
 1144  to finance the cost of acquiring properties and facilities for
 1145  the production and transmission of water by the authority to any
 1146  county or municipality, which cost shall include the acquisition
 1147  of real property and easements therein for such purposes. Such
 1148  bonds may be in the form of refunding bonds to take up any
 1149  outstanding bonds of the authority or of any county or
 1150  municipality where such outstanding bonds are secured by
 1151  properties and facilities for production and transmission of
 1152  water, which properties and facilities are being acquired by the
 1153  authority. Refunding bonds may be issued to take up and refund
 1154  all outstanding bonds of said authority that are subject to call
 1155  and termination, and all bonds of said authority that are not
 1156  subject to call or redemption, when the surrender of said bonds
 1157  can be procured from the holder thereof at prices satisfactory
 1158  to the authority. Such refunding bonds may be issued at any time
 1159  when, in the judgment of the authority, it will be to the best
 1160  interest of the authority financially or economically by
 1161  securing a lower rate of interest on said bonds or by extending
 1162  the time of maturity of said bonds or, for any other reason, in
 1163  the judgment of the authority, advantageous to said authority.
 1164         (g) Sue and be sued in its own name.
 1165         (h) Borrow money and incur indebtedness and issue bonds or
 1166  other evidence of such indebtedness.
 1167         (i) Join with one or more other public corporations for the
 1168  purpose of carrying out any of its powers and for that purpose
 1169  to contract with such other public corporation or corporations
 1170  for the purpose of financing such acquisitions, construction,
 1171  and operations. Such contracts may provide for contributions to
 1172  be made by each party thereto, for the division and
 1173  apportionment of the expenses of such acquisitions and
 1174  operations, and for the division and apportionment of the
 1175  benefits, services, and products therefrom. Such contract may
 1176  contain such other and further covenants and agreements as may
 1177  be necessary and convenient to accomplish the purposes hereof.
 1178         (3) A regional water supply authority is authorized to
 1179  develop, construct, operate, maintain, or contract for
 1180  alternative sources of potable water, including desalinated
 1181  water, and pipelines to interconnect authority sources and
 1182  facilities, either by itself or jointly with a water management
 1183  district; however, such alternative potable water sources,
 1184  facilities, and pipelines may also be privately developed,
 1185  constructed, owned, operated, and maintained, in which event an
 1186  authority and a water management district are authorized to
 1187  pledge and contribute their funds to reduce the wholesale cost
 1188  of water from such alternative sources of potable water supplied
 1189  by an authority to its member governments.
 1190         (4) When it is found to be in the public interest, for the
 1191  public convenience and welfare, for a public benefit, and
 1192  necessary for carrying out the purpose of any regional water
 1193  supply authority, any state agency, county, water control
 1194  district existing pursuant to chapter 298, water management
 1195  district existing pursuant to this chapter, municipality,
 1196  governmental agency, or public corporation in this state holding
 1197  title to any interest in land is hereby authorized, in its
 1198  discretion, to convey the title to or dedicate land, title to
 1199  which is in such entity, including tax-reverted land, or to
 1200  grant use-rights therein, to any regional water supply authority
 1201  created pursuant to this section. Land granted or conveyed to
 1202  such authority shall be for the public purposes of such
 1203  authority and may be made subject to the condition that in the
 1204  event said land is not so used, or if used and subsequently its
 1205  use for said purpose is abandoned, the interest granted shall
 1206  cease as to such authority and shall automatically revert to the
 1207  granting entity.
 1208         (5) Each county, special district, or municipality that is
 1209  a party to an agreement pursuant to subsection (1) shall have a
 1210  preferential right to purchase water from the regional water
 1211  supply authority for use by such county, special district, or
 1212  municipality.
 1213         (6) In carrying out the provisions of this section, any
 1214  county wherein water is withdrawn by the authority shall not be
 1215  deprived, directly or indirectly, of the prior right to the
 1216  reasonable and beneficial use of water which is required
 1217  adequately to supply the reasonable and beneficial needs of the
 1218  county or any of the inhabitants or property owners therein.
 1219         (7) Upon a resolution adopted by the governing body of any
 1220  county or municipality, the authority may, subject to a majority
 1221  vote of its voting members, include such county or municipality
 1222  in its regional water supply authority upon such terms and
 1223  conditions as may be prescribed.
 1224         (8) The authority shall design, construct, operate, and
 1225  maintain facilities in the locations and at the times necessary
 1226  to ensure that an adequate water supply will be available to all
 1227  citizens within the authority.
 1228         (9) Where a water supply authority exists pursuant to this
 1229  section or s. 373.715 under a voluntary interlocal agreement
 1230  that is consistent with requirements in s. 373.715(1)(b) and
 1231  receives or maintains consumptive use permits under this
 1232  voluntary agreement consistent with the water supply plan, if
 1233  any, adopted by the governing board, such authority shall be
 1234  exempt from consideration by the governing board or department
 1235  of the factors specified in s. 373.223(3)(a)-(g) and the
 1236  submissions required by s. 373.229(3). Such exemptions shall
 1237  apply only to water sources within the jurisdictional areas of
 1238  such voluntary water supply interlocal agreements.
 1239         373.715 Assistance to West Coast Regional Water Supply
 1240  Authority.—
 1241         (1) It is the intent of the Legislature to authorize the
 1242  implementation of changes in governance recommended by the West
 1243  Coast Regional Water Supply Authority in its reports to the
 1244  Legislature dated February 1, 1997, and January 5, 1998. The
 1245  authority and its member governments may reconstitute the
 1246  authority’s governance and rename the authority under a
 1247  voluntary interlocal agreement with a term of not less than 20
 1248  years. The interlocal agreement must comply with this subsection
 1249  as follows:
 1250         (a) The authority and its member governments agree that
 1251  cooperative efforts are mandatory to meet their water needs in a
 1252  manner that will provide adequate and dependable supplies of
 1253  water where needed without resulting in adverse environmental
 1254  effects upon the areas from which the water is withdrawn or
 1255  otherwise produced.
 1256         (b) In accordance with s. 4, Art. VIII of the State
 1257  Constitution and notwithstanding s. 163.01, the interlocal
 1258  agreement may include the following terms, which are considered
 1259  approved by the parties without a vote of their electors, upon
 1260  execution of the interlocal agreement by all member governments
 1261  and upon satisfaction of all conditions precedent in the
 1262  interlocal agreement:
 1263         1. All member governments shall relinquish to the authority
 1264  their individual rights to develop potable water supply sources,
 1265  except as otherwise provided in the interlocal agreement;
 1266         2. The authority shall be the sole and exclusive wholesale
 1267  potable water supplier for all member governments; and
 1268         3. The authority shall have the absolute and unequivocal
 1269  obligation to meet the wholesale needs of the member governments
 1270  for potable water.
 1271         4. A member government may not restrict or prohibit the use
 1272  of land within a member’s jurisdictional boundaries by the
 1273  authority for water supply purposes through use of zoning, land
 1274  use, comprehensive planning, or other form of regulation.
 1275         5. A member government may not impose any tax, fee, or
 1276  charge upon the authority in conjunction with the production or
 1277  supply of water not otherwise provided for in the interlocal
 1278  agreement.
 1279         6. The authority may use the powers provided in part II of
 1280  chapter 159 for financing and refinancing water treatment,
 1281  production, or transmission facilities, including, but not
 1282  limited to, desalinization facilities. All such water treatment,
 1283  production, or transmission facilities are considered a
 1284  “manufacturing plant” for purposes of s. 159.27(5) and serve a
 1285  paramount public purpose by providing water to citizens of the
 1286  state.
 1287         7. A member government and any governmental or quasi
 1288  judicial board or commission established by local ordinance or
 1289  general or special law where the governing membership of such
 1290  board or commission is shared, in whole or in part, or appointed
 1291  by a member government agreeing to be bound by the interlocal
 1292  agreement shall be limited to the procedures set forth therein
 1293  regarding actions that directly or indirectly restrict or
 1294  prohibit the use of lands or other activities related to the
 1295  production or supply of water.
 1296         (c) The authority shall acquire full or lesser interests in
 1297  all regionally significant member government wholesale water
 1298  supply facilities and tangible assets and each member government
 1299  shall convey such interests in the facilities and assets to the
 1300  authority, at an agreed value.
 1301         (d) The authority shall charge a uniform per gallon
 1302  wholesale rate to member governments for the wholesale supply of
 1303  potable water. All capital, operation, maintenance, and
 1304  administrative costs for existing facilities and acquired
 1305  facilities, authority master water plan facilities, and other
 1306  future projects must be allocated to member governments based on
 1307  water usage at the uniform per gallon wholesale rate.
 1308         (e) The interlocal agreement may include procedures for
 1309  resolving the parties’ differences regarding water management
 1310  district proposed agency action in the water use permitting
 1311  process within the authority. Such procedures should minimize
 1312  the potential for litigation and include alternative dispute
 1313  resolution. Any governmental or quasi-judicial board or
 1314  commission established by local ordinance or general or special
 1315  law where the governing members of such board or commission is
 1316  shared, in whole or in part, or appointed by a member
 1317  government, may agree to be bound by the dispute resolution
 1318  procedures set forth in the interlocal agreement.
 1319         (f) Upon execution of the voluntary interlocal agreement
 1320  provided for herein, the authority shall jointly develop with
 1321  the Southwest Florida Water Management District alternative
 1322  sources of potable water and transmission pipelines to
 1323  interconnect regionally significant water supply sources and
 1324  facilities of the authority in amounts sufficient to meet the
 1325  needs of all member governments for a period of at least 20
 1326  years and for natural systems. Nothing herein, however, shall
 1327  preclude the authority and its member governments from
 1328  developing traditional water sources pursuant to the voluntary
 1329  interlocal agreement. Development and construction costs for
 1330  alternative source facilities, which may include a desalination
 1331  facility and significant regional interconnects, must be borne
 1332  as mutually agreed to by both the authority and the Southwest
 1333  Florida Water Management District. Nothing herein shall preclude
 1334  authority or district cost sharing with private entities for the
 1335  construction or ownership of alternative source facilities. By
 1336  December 31, 1997, the authority and the Southwest Florida Water
 1337  Management District shall enter into a mutually acceptable
 1338  agreement detailing the development and implementation of
 1339  directives contained in this paragraph. Nothing in this section
 1340  shall be construed to modify the rights or responsibilities of
 1341  the authority or its member governments, except as otherwise
 1342  provided herein, or of the Southwest Florida Water Management
 1343  District or the department pursuant to this chapter or chapter
 1344  403 and as otherwise set forth by statutes.
 1345         (g) Unless otherwise provided in the interlocal agreement,
 1346  the authority shall be governed by a board of commissioners
 1347  consisting of nine voting members, all of whom must be elected
 1348  officers, as follows:
 1349         1. Three members from Hillsborough County who must be
 1350  selected by the county commission; provided, however, that one
 1351  member shall be selected by the Mayor of Tampa in the event that
 1352  the City of Tampa elects to be a member of the authority;
 1353         2. Three members from Pasco County, two of whom must be
 1354  selected by the county commission and one of whom must be
 1355  selected by the City Council of New Port Richey; and
 1356         3. Three members from Pinellas County, two of whom must be
 1357  selected by the county commission and one of whom must be
 1358  selected by the City Council of St. Petersburg.
 1359  
 1360  Except as otherwise provided in this section or in the voluntary
 1361  interlocal agreement between the member governments, a majority
 1362  vote shall bind the authority and its member governments in all
 1363  matters relating to the funding of wholesale water supply,
 1364  production, delivery, and related activities.
 1365         (2) The provisions of this section supersede any
 1366  conflicting provisions contained in all other general or special
 1367  laws or provisions thereof as they may apply directly or
 1368  indirectly to the exclusivity of water supply or withdrawal of
 1369  water, including provisions relating to the environmental
 1370  effects, if any, in conjunction with the production and supply
 1371  of potable water, and the provisions of this section are
 1372  intended to be a complete revision of all laws related to a
 1373  regional water supply authority created under s. 373.713 and
 1374  this section.
 1375         (3) In lieu of the provisions in s. 373.713(2)(a), the
 1376  Southwest Florida Water Management District shall assist the
 1377  West Coast Regional Water Supply Authority for a period of 5
 1378  years, terminating December 31, 1981, by levying an ad valorem
 1379  tax, upon request of the authority, of not more than 0.05 mill
 1380  on all taxable property within the limits of the authority.
 1381  During such period the corresponding basin board ad valorem tax
 1382  levies shall be reduced accordingly.
 1383         (4) The authority shall prepare its annual budget in the
 1384  same manner as prescribed for the preparation of basin budgets,
 1385  but such authority budget shall not be subject to review by the
 1386  respective basin boards or by the governing board of the
 1387  district.
 1388         (5) The annual millage for the authority shall be the
 1389  amount required to raise the amount called for by the annual
 1390  budget when applied to the total assessment on all taxable
 1391  property within the limits of the authority, as determined for
 1392  county taxing purposes.
 1393         (6) The authority may, by resolution, request the governing
 1394  board of the district to levy ad valorem taxes within the
 1395  boundaries of the authority. Upon receipt of such request,
 1396  together with formal certification of the adoption of its annual
 1397  budget and of the required tax levy, the authority tax levy
 1398  shall be made by the governing board of the district to finance
 1399  authority functions.
 1400         (7) The taxes provided for in this section shall be
 1401  extended by the property appraiser on the county tax roll in
 1402  each county within, or partly within, the authority boundaries
 1403  and shall be collected by the tax collector in the same manner
 1404  and time as county taxes, and the proceeds therefrom paid to the
 1405  district which shall forthwith pay them over to the authority.
 1406  Until paid, such taxes shall be a lien on the property against
 1407  which assessed and enforceable in like manner as county taxes.
 1408  The property appraisers, tax collectors, and clerks of the
 1409  circuit court of the respective counties shall be entitled to
 1410  compensation for services performed in connection with such
 1411  taxes at the same rates as apply to county taxes.
 1412         (8) The governing board of the district shall not be
 1413  responsible for any actions or lack of actions by the authority.
 1414         Section 2. Subsection (13) of section 120.52, Florida
 1415  Statutes, is amended to read:
 1416         120.52 Definitions.—As used in this act:
 1417         (13) “Party” means:
 1418         (a) Specifically named persons whose substantial interests
 1419  are being determined in the proceeding.
 1420         (b) Any other person who, as a matter of constitutional
 1421  right, provision of statute, or provision of agency regulation,
 1422  is entitled to participate in whole or in part in the
 1423  proceeding, or whose substantial interests will be affected by
 1424  proposed agency action, and who makes an appearance as a party.
 1425         (c) Any other person, including an agency staff member,
 1426  allowed by the agency to intervene or participate in the
 1427  proceeding as a party. An agency may by rule authorize limited
 1428  forms of participation in agency proceedings for persons who are
 1429  not eligible to become parties.
 1430         (d) Any county representative, agency, department, or unit
 1431  funded and authorized by state statute or county ordinance to
 1432  represent the interests of the consumers of a county, when the
 1433  proceeding involves the substantial interests of a significant
 1434  number of residents of the county and the board of county
 1435  commissioners has, by resolution, authorized the representative,
 1436  agency, department, or unit to represent the class of interested
 1437  persons. The authorizing resolution shall apply to a specific
 1438  proceeding and to appeals and ancillary proceedings thereto, and
 1439  it shall not be required to state the names of the persons whose
 1440  interests are to be represented.
 1441  
 1442  The term “party” does not include a member government of a
 1443  regional water supply authority or a governmental or quasi
 1444  judicial board or commission established by local ordinance or
 1445  special or general law where the governing membership of such
 1446  board or commission is shared with, in whole or in part, or
 1447  appointed by a member government of a regional water supply
 1448  authority in proceedings under s. 120.569, s. 120.57, or s.
 1449  120.68, to the extent that an interlocal agreement under ss.
 1450  163.01 and 373.713 373.1962 exists in which the member
 1451  government has agreed that its substantial interests are not
 1452  affected by the proceedings or that it is to be bound by
 1453  alternative dispute resolution in lieu of participating in the
 1454  proceedings. This exclusion applies only to those particular
 1455  types of disputes or controversies, if any, identified in an
 1456  interlocal agreement.
 1457         Section 3. Subsection (13) of section 163.3167, Florida
 1458  Statutes, is amended to read:
 1459         163.3167 Scope of act.—
 1460         (13) Each local government shall address in its
 1461  comprehensive plan, as enumerated in this chapter, the water
 1462  supply sources necessary to meet and achieve the existing and
 1463  projected water use demand for the established planning period,
 1464  considering the applicable plan developed pursuant to s. 373.709
 1465  373.0361.
 1466         Section 4. Paragraph (a) of subsection (4) and paragraphs
 1467  (c), (d), and (h) of subsection (6) of section 163.3177, Florida
 1468  Statutes, are amended to read:
 1469         163.3177 Required and optional elements of comprehensive
 1470  plan; studies and surveys.—
 1471         (4)(a) Coordination of the local comprehensive plan with
 1472  the comprehensive plans of adjacent municipalities, the county,
 1473  adjacent counties, or the region; with the appropriate water
 1474  management district’s regional water supply plans approved
 1475  pursuant to s. 373.709 373.0361; with adopted rules pertaining
 1476  to designated areas of critical state concern; and with the
 1477  state comprehensive plan shall be a major objective of the local
 1478  comprehensive planning process. To that end, in the preparation
 1479  of a comprehensive plan or element thereof, and in the
 1480  comprehensive plan or element as adopted, the governing body
 1481  shall include a specific policy statement indicating the
 1482  relationship of the proposed development of the area to the
 1483  comprehensive plans of adjacent municipalities, the county,
 1484  adjacent counties, or the region and to the state comprehensive
 1485  plan, as the case may require and as such adopted plans or plans
 1486  in preparation may exist.
 1487         (6) In addition to the requirements of subsections (1)-(5)
 1488  and (12), the comprehensive plan shall include the following
 1489  elements:
 1490         (c) A general sanitary sewer, solid waste, drainage,
 1491  potable water, and natural groundwater aquifer recharge element
 1492  correlated to principles and guidelines for future land use,
 1493  indicating ways to provide for future potable water, drainage,
 1494  sanitary sewer, solid waste, and aquifer recharge protection
 1495  requirements for the area. The element may be a detailed
 1496  engineering plan including a topographic map depicting areas of
 1497  prime groundwater recharge. The element shall describe the
 1498  problems and needs and the general facilities that will be
 1499  required for solution of the problems and needs. The element
 1500  shall also include a topographic map depicting any areas adopted
 1501  by a regional water management district as prime groundwater
 1502  recharge areas for the Floridan or Biscayne aquifers. These
 1503  areas shall be given special consideration when the local
 1504  government is engaged in zoning or considering future land use
 1505  for said designated areas. For areas served by septic tanks,
 1506  soil surveys shall be provided which indicate the suitability of
 1507  soils for septic tanks. Within 18 months after the governing
 1508  board approves an updated regional water supply plan, the
 1509  element must incorporate the alternative water supply project or
 1510  projects selected by the local government from those identified
 1511  in the regional water supply plan pursuant to s. 373.709(2)(a)
 1512  373.0361(2)(a) or proposed by the local government under s.
 1513  373.709(8)(b) 373.0361(8)(b). If a local government is located
 1514  within two water management districts, the local government
 1515  shall adopt its comprehensive plan amendment within 18 months
 1516  after the later updated regional water supply plan. The element
 1517  must identify such alternative water supply projects and
 1518  traditional water supply projects and conservation and reuse
 1519  necessary to meet the water needs identified in s. 373.709(2)(a)
 1520  373.0361(2)(a) within the local government’s jurisdiction and
 1521  include a work plan, covering at least a 10 year planning
 1522  period, for building public, private, and regional water supply
 1523  facilities, including development of alternative water supplies,
 1524  which are identified in the element as necessary to serve
 1525  existing and new development. The work plan shall be updated, at
 1526  a minimum, every 5 years within 18 months after the governing
 1527  board of a water management district approves an updated
 1528  regional water supply plan. Amendments to incorporate the work
 1529  plan do not count toward the limitation on the frequency of
 1530  adoption of amendments to the comprehensive plan. Local
 1531  governments, public and private utilities, regional water supply
 1532  authorities, special districts, and water management districts
 1533  are encouraged to cooperatively plan for the development of
 1534  multijurisdictional water supply facilities that are sufficient
 1535  to meet projected demands for established planning periods,
 1536  including the development of alternative water sources to
 1537  supplement traditional sources of groundwater and surface water
 1538  supplies.
 1539         (d) A conservation element for the conservation, use, and
 1540  protection of natural resources in the area, including air,
 1541  water, water recharge areas, wetlands, waterwells, estuarine
 1542  marshes, soils, beaches, shores, flood plains, rivers, bays,
 1543  lakes, harbors, forests, fisheries and wildlife, marine habitat,
 1544  minerals, and other natural and environmental resources,
 1545  including factors that affect energy conservation. Local
 1546  governments shall assess their current, as well as projected,
 1547  water needs and sources for at least a 10-year period,
 1548  considering the appropriate regional water supply plan approved
 1549  pursuant to s. 373.709 373.0361, or, in the absence of an
 1550  approved regional water supply plan, the district water
 1551  management plan approved pursuant to s. 373.036(2). This
 1552  information shall be submitted to the appropriate agencies. The
 1553  land use map or map series contained in the future land use
 1554  element shall generally identify and depict the following:
 1555         1. Existing and planned waterwells and cones of influence
 1556  where applicable.
 1557         2. Beaches and shores, including estuarine systems.
 1558         3. Rivers, bays, lakes, flood plains, and harbors.
 1559         4. Wetlands.
 1560         5. Minerals and soils.
 1561         6. Energy conservation.
 1562  
 1563  The land uses identified on such maps shall be consistent with
 1564  applicable state law and rules.
 1565         (h)1. An intergovernmental coordination element showing
 1566  relationships and stating principles and guidelines to be used
 1567  in the accomplishment of coordination of the adopted
 1568  comprehensive plan with the plans of school boards, regional
 1569  water supply authorities, and other units of local government
 1570  providing services but not having regulatory authority over the
 1571  use of land, with the comprehensive plans of adjacent
 1572  municipalities, the county, adjacent counties, or the region,
 1573  with the state comprehensive plan and with the applicable
 1574  regional water supply plan approved pursuant to s. 373.709
 1575  373.0361, as the case may require and as such adopted plans or
 1576  plans in preparation may exist. This element of the local
 1577  comprehensive plan shall demonstrate consideration of the
 1578  particular effects of the local plan, when adopted, upon the
 1579  development of adjacent municipalities, the county, adjacent
 1580  counties, or the region, or upon the state comprehensive plan,
 1581  as the case may require.
 1582         a. The intergovernmental coordination element shall provide
 1583  procedures to identify and implement joint planning areas,
 1584  especially for the purpose of annexation, municipal
 1585  incorporation, and joint infrastructure service areas.
 1586         b. The intergovernmental coordination element shall provide
 1587  for recognition of campus master plans prepared pursuant to s.
 1588  1013.30 and airport master plans under paragraph(k).
 1589         c. The intergovernmental coordination element shall provide
 1590  for a dispute resolution process as established pursuant to s.
 1591  186.509 for bringing to closure in a timely manner
 1592  intergovernmental disputes.
 1593         d. The intergovernmental coordination element shall provide
 1594  for interlocal agreements as established pursuant to s.
 1595  333.03(1)(b).
 1596         2. The intergovernmental coordination element shall further
 1597  state principles and guidelines to be used in the accomplishment
 1598  of coordination of the adopted comprehensive plan with the plans
 1599  of school boards and other units of local government providing
 1600  facilities and services but not having regulatory authority over
 1601  the use of land. In addition, the intergovernmental coordination
 1602  element shall describe joint processes for collaborative
 1603  planning and decisionmaking on population projections and public
 1604  school siting, the location and extension of public facilities
 1605  subject to concurrency, and siting facilities with countywide
 1606  significance, including locally unwanted land uses whose nature
 1607  and identity are established in an agreement. Within 1 year of
 1608  adopting their intergovernmental coordination elements, each
 1609  county, all the municipalities within that county, the district
 1610  school board, and any unit of local government service providers
 1611  in that county shall establish by interlocal or other formal
 1612  agreement executed by all affected entities, the joint processes
 1613  described in this subparagraph consistent with their adopted
 1614  intergovernmental coordination elements.
 1615         3. To foster coordination between special districts and
 1616  local general-purpose governments as local general-purpose
 1617  governments implement local comprehensive plans, each
 1618  independent special district must submit a public facilities
 1619  report to the appropriate local government as required by s.
 1620  189.415.
 1621         4.a. Local governments shall execute an interlocal
 1622  agreement with the district school board, the county, and
 1623  nonexempt municipalities pursuant to s. 163.31777. The local
 1624  government shall amend the intergovernmental coordination
 1625  element to provide that coordination between the local
 1626  government and school board is pursuant to the agreement and
 1627  shall state the obligations of the local government under the
 1628  agreement.
 1629         b. Plan amendments that comply with this subparagraph are
 1630  exempt from the provisions of s. 163.3187(1).
 1631         5. The state land planning agency shall establish a
 1632  schedule for phased completion and transmittal of plan
 1633  amendments to implement subparagraphs 1., 2., and 3. from all
 1634  jurisdictions so as to accomplish their adoption by December 31,
 1635  1999. A local government may complete and transmit its plan
 1636  amendments to carry out these provisions prior to the scheduled
 1637  date established by the state land planning agency. The plan
 1638  amendments are exempt from the provisions of s. 163.3187(1).
 1639         6. By January 1, 2004, any county having a population
 1640  greater than 100,000, and the municipalities and special
 1641  districts within that county, shall submit a report to the
 1642  Department of Community Affairs which:
 1643         a. Identifies all existing or proposed interlocal service
 1644  delivery agreements regarding the following: education; sanitary
 1645  sewer; public safety; solid waste; drainage; potable water;
 1646  parks and recreation; and transportation facilities.
 1647         b. Identifies any deficits or duplication in the provision
 1648  of services within its jurisdiction, whether capital or
 1649  operational. Upon request, the Department of Community Affairs
 1650  shall provide technical assistance to the local governments in
 1651  identifying deficits or duplication.
 1652         7. Within 6 months after submission of the report, the
 1653  Department of Community Affairs shall, through the appropriate
 1654  regional planning council, coordinate a meeting of all local
 1655  governments within the regional planning area to discuss the
 1656  reports and potential strategies to remedy any identified
 1657  deficiencies or duplications.
 1658         8. Each local government shall update its intergovernmental
 1659  coordination element based upon the findings in the report
 1660  submitted pursuant to subparagraph 6. The report may be used as
 1661  supporting data and analysis for the intergovernmental
 1662  coordination element.
 1663         Section 5. Paragraph (l) of subsection (2) of section
 1664  163.3191, Florida Statutes, is amended to read:
 1665         163.3191 Evaluation and appraisal of comprehensive plan.—
 1666         (2) The report shall present an evaluation and assessment
 1667  of the comprehensive plan and shall contain appropriate
 1668  statements to update the comprehensive plan, including, but not
 1669  limited to, words, maps, illustrations, or other media, related
 1670  to:
 1671         (l) The extent to which the local government has been
 1672  successful in identifying alternative water supply projects and
 1673  traditional water supply projects, including conservation and
 1674  reuse, necessary to meet the water needs identified in s.
 1675  373.709(2)(a) 373.0361(2)(a) within the local government’s
 1676  jurisdiction. The report must evaluate the degree to which the
 1677  local government has implemented the work plan for building
 1678  public, private, and regional water supply facilities, including
 1679  development of alternative water supplies, identified in the
 1680  element as necessary to serve existing and new development.
 1681         Section 6. Paragraphs (c) and (d) of subsection (4) of
 1682  section 189.404, Florida Statutes, are amended to read:
 1683         189.404 Legislative intent for the creation of independent
 1684  special districts; special act prohibitions; model elements and
 1685  other requirements; general-purpose local government/Governor
 1686  and Cabinet creation authorizations.—
 1687         (4) LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION
 1688  AUTHORIZATIONS.—Except as otherwise authorized by general law,
 1689  only the Legislature may create independent special districts.
 1690         (c) The Governor and Cabinet may create an independent
 1691  special district which shall be established by rule in
 1692  accordance with s. 190.005 or as otherwise authorized in general
 1693  law. The Governor and Cabinet may also approve the establishment
 1694  of a charter for the creation of an independent special district
 1695  which shall be in accordance with s. 373.713 373.1962, or as
 1696  otherwise authorized in general law.
 1697         (d)1. Any combination of two or more counties may create a
 1698  regional special district which shall be established in
 1699  accordance with s. 950.001, or as otherwise authorized in
 1700  general law.
 1701         2. Any combination of two or more counties or
 1702  municipalities may create a regional special district which
 1703  shall be established in accordance with s. 373.713 373.1962, or
 1704  as otherwise authorized by general law.
 1705         3. Any combination of two or more counties, municipalities,
 1706  or other political subdivisions may create a regional special
 1707  district in accordance with s. 163.567, or as otherwise
 1708  authorized in general law.
 1709         Section 7. Subsection (3) of section 189.4155, Florida
 1710  Statutes, is amended to read:
 1711         189.4155 Activities of special districts; local government
 1712  comprehensive planning.—
 1713         (3) The provisions of this section shall not apply to water
 1714  management districts created pursuant to s. 373.069, to regional
 1715  water supply authorities created pursuant to s. 373.713
 1716  373.1962, or to spoil disposal sites owned or used by the
 1717  Federal Government.
 1718         Section 8. Section 189.4156, Florida Statutes, is amended
 1719  to read:
 1720         189.4156 Water management district technical assistance;
 1721  local government comprehensive planning.—Water management
 1722  districts shall assist local governments in the development of
 1723  local government comprehensive plan elements related to water
 1724  resource issues as required by s. 373.711 373.0391.
 1725         Section 9. Subsection (7) of section 367.021, Florida
 1726  Statutes, is amended to read:
 1727         367.021 Definitions.—As used in this chapter, the following
 1728  words or terms shall have the meanings indicated:
 1729         (7) “Governmental authority” means a political subdivision,
 1730  as defined by s. 1.01(8), a regional water supply authority
 1731  created pursuant to s. 373.713 373.1962, or a nonprofit
 1732  corporation formed for the purpose of acting on behalf of a
 1733  political subdivision with respect to a water or wastewater
 1734  facility.
 1735         Section 10. Subsections (1) and (17) of section 373.019,
 1736  Florida Statutes, are amended to read:
 1737         373.019 Definitions.—When appearing in this chapter or in
 1738  any rule, regulation, or order adopted pursuant thereto, the
 1739  term:
 1740         (1) “Alternative water supplies” means salt water; brackish
 1741  surface and groundwater; surface water captured predominately
 1742  during wet-weather flows; sources made available through the
 1743  addition of new storage capacity for surface or groundwater,
 1744  water that has been reclaimed after one or more public supply,
 1745  municipal, industrial, commercial, or agricultural uses; the
 1746  downstream augmentation of water bodies with reclaimed water;
 1747  stormwater; and any other water supply source that is designated
 1748  as nontraditional for a water supply planning region in the
 1749  applicable regional water supply plan.
 1750         (17) “Regional water supply plan” means a detailed water
 1751  supply plan developed by a governing board under s. 373.709 s.
 1752  373.0361.
 1753         Section 11. Paragraph (b) of subsection (2) and paragraph
 1754  (b) of subsection (7) of section 373.036, Florida Statutes, are
 1755  amended to read:
 1756         373.036 Florida water plan; district water management
 1757  plans.—
 1758         (2) DISTRICT WATER MANAGEMENT PLANS.—
 1759         (b) The district water management plan shall include, but
 1760  not be limited to:
 1761         1. The scientific methodologies for establishing minimum
 1762  flows and levels under s. 373.042, and all established minimum
 1763  flows and levels.
 1764         2. Identification of one or more water supply planning
 1765  regions that singly or together encompass the entire district.
 1766         3. Technical data and information prepared under s. 373.711
 1767  373.0391.
 1768         4. A districtwide water supply assessment, to be completed
 1769  no later than July 1, 1998, which determines for each water
 1770  supply planning region:
 1771         a. Existing legal uses, reasonably anticipated future
 1772  needs, and existing and reasonably anticipated sources of water
 1773  and conservation efforts; and
 1774         b. Whether existing and reasonably anticipated sources of
 1775  water and conservation efforts are adequate to supply water for
 1776  all existing legal uses and reasonably anticipated future needs
 1777  and to sustain the water resources and related natural systems.
 1778         5. Any completed regional water supply plans.
 1779         (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.—
 1780         (b) The consolidated annual report shall contain the
 1781  following elements, as appropriate to that water management
 1782  district:
 1783         1. A district water management plan annual report or the
 1784  annual work plan report allowed in subparagraph (2)(e)4.
 1785         2. The department-approved minimum flows and levels annual
 1786  priority list and schedule required by s. 373.042(2).
 1787         3. The annual 5-year capital improvements plan required by
 1788  s. 373.536(6)(a)3.
 1789         4. The alternative water supplies annual report required by
 1790  s. 373.707(8)(n) 373.1961(3)(n).
 1791         5. The final annual 5-year water resource development work
 1792  program required by s. 373.536(6)(a)4.
 1793         6. The Florida Forever Water Management District Work Plan
 1794  annual report required by s. 373.199(7).
 1795         7. The mitigation donation annual report required by s.
 1796  373.414(1)(b)2.
 1797         Section 12. Paragraphs (a) and (e) of subsection (4) of
 1798  section 373.0363, Florida Statutes, are amended to read:
 1799         373.0363 Southern Water Use Caution Area Recovery
 1800  Strategy.—
 1801         (4) The West-Central Florida Water Restoration Action Plan
 1802  includes:
 1803         (a) The Central West Coast Surface Water Enhancement
 1804  Initiative. The purpose of this initiative is to make additional
 1805  surface waters available for public supply through restoration
 1806  of surface waters, natural water flows, and freshwater wetland
 1807  communities. This initiative is designed to allow limits on
 1808  groundwater withdrawals in order to slow the rate of saltwater
 1809  intrusion. The initiative shall be an ongoing program in
 1810  cooperation with the Peace River-Manasota Regional Water Supply
 1811  Authority created under s. 373.713 373.1962.
 1812         (e) The Central Florida Water Resource Development
 1813  Initiative. The purpose of this initiative is to create and
 1814  implement a long-term plan that takes a comprehensive approach
 1815  to limit ground water withdrawals in the Southern Water Use
 1816  Caution Area and to identify and develop alternative water
 1817  supplies for Polk County. The project components developed
 1818  pursuant to this initiative are eligible for state and regional
 1819  funding under s. 373.707 373.196 as an alternative water supply,
 1820  as defined in s. 373.019, or as a supplemental water supply
 1821  under the rules of the Southwest Florida Water Management
 1822  District or the South Florida Water Management District. The
 1823  initiative shall be implemented by the district as an ongoing
 1824  program in cooperation with Polk County and the South Florida
 1825  Water Management District.
 1826         Section 13. Subsection (2) of section 373.0421, Florida
 1827  Statutes, is amended to read:
 1828         373.0421 Establishment and implementation of minimum flows
 1829  and levels.—
 1830         (2) If the existing flow or level in a water body is below,
 1831  or is projected to fall within 20 years below, the applicable
 1832  minimum flow or level established pursuant to s. 373.042, the
 1833  department or governing board, as part of the regional water
 1834  supply plan described in s. 373.709 373.0361, shall
 1835  expeditiously implement a recovery or prevention strategy, which
 1836  includes the development of additional water supplies and other
 1837  actions, consistent with the authority granted by this chapter,
 1838  to:
 1839         (a) Achieve recovery to the established minimum flow or
 1840  level as soon as practicable; or
 1841         (b) Prevent the existing flow or level from falling below
 1842  the established minimum flow or level.
 1843  
 1844  The recovery or prevention strategy shall include phasing or a
 1845  timetable which will allow for the provision of sufficient water
 1846  supplies for all existing and projected reasonable-beneficial
 1847  uses, including development of additional water supplies and
 1848  implementation of conservation and other efficiency measures
 1849  concurrent with, to the extent practical, and to offset,
 1850  reductions in permitted withdrawals, consistent with the
 1851  provisions of this chapter.
 1852         Section 14. Subsection (4) of section 373.0695, Florida
 1853  Statutes, is amended to read:
 1854         373.0695 Duties of basin boards; authorized expenditures.—
 1855         (4) In the exercise of the duties and powers granted
 1856  herein, the basin boards shall be subject to all the limitations
 1857  and restrictions imposed on the water management districts in s.
 1858  373.703 373.1961.
 1859         Section 15. Subsections (3) and (5) of section 373.223,
 1860  Florida Statutes, are amended to read:
 1861         373.223 Conditions for a permit.—
 1862         (3) Except for the transport and use of water supplied by
 1863  the Central and Southern Florida Flood Control Project, and
 1864  anywhere in the state when the transport and use of water is
 1865  supplied exclusively for bottled water as defined in s.
 1866  500.03(1)(d), any water use permit applications pending as of
 1867  April 1, 1998, with the Northwest Florida Water Management
 1868  District and self-suppliers of water for which the proposed
 1869  water source and area of use or application are located on
 1870  contiguous private properties, when evaluating whether a
 1871  potential transport and use of ground or surface water across
 1872  county boundaries is consistent with the public interest,
 1873  pursuant to paragraph (1)(c), the governing board or department
 1874  shall consider:
 1875         (a) The proximity of the proposed water source to the area
 1876  of use or application.
 1877         (b) All impoundments, streams, groundwater sources, or
 1878  watercourses that are geographically closer to the area of use
 1879  or application than the proposed source, and that are
 1880  technically and economically feasible for the proposed transport
 1881  and use.
 1882         (c) All economically and technically feasible alternatives
 1883  to the proposed source, including, but not limited to,
 1884  desalination, conservation, reuse of nonpotable reclaimed water
 1885  and stormwater, and aquifer storage and recovery.
 1886         (d) The potential environmental impacts that may result
 1887  from the transport and use of water from the proposed source,
 1888  and the potential environmental impacts that may result from use
 1889  of the other water sources identified in paragraphs (b) and (c).
 1890         (e) Whether existing and reasonably anticipated sources of
 1891  water and conservation efforts are adequate to supply water for
 1892  existing legal uses and reasonably anticipated future needs of
 1893  the water supply planning region in which the proposed water
 1894  source is located.
 1895         (f) Consultations with local governments affected by the
 1896  proposed transport and use.
 1897         (g) The value of the existing capital investment in water
 1898  related infrastructure made by the applicant.
 1899  
 1900  Where districtwide water supply assessments and regional water
 1901  supply plans have been prepared pursuant to ss. 373.036 and
 1902  373.709 373.0361, the governing board or the department shall
 1903  use the applicable plans and assessments as the basis for its
 1904  consideration of the applicable factors in this subsection.
 1905         (5) In evaluating an application for consumptive use of
 1906  water which proposes the use of an alternative water supply
 1907  project as described in the regional water supply plan and
 1908  provides reasonable assurances of the applicant’s capability to
 1909  design, construct, operate, and maintain the project, the
 1910  governing board or department shall presume that the alternative
 1911  water supply use is consistent with the public interest under
 1912  paragraph (1)(c). However, where the governing board identifies
 1913  the need for a multijurisdictional water supply entity or
 1914  regional water supply authority to develop the alternative water
 1915  supply project pursuant to s. 373.709(2)(a)2. 373.0361(2)(a)2.,
 1916  the presumption shall be accorded only to that use proposed by
 1917  such entity or authority. This subsection does not effect
 1918  evaluation of the use pursuant to the provisions of paragraphs
 1919  (1)(a) and (b), subsections (2) and (3), and ss. 373.2295 and
 1920  373.233.
 1921         Section 16. Section 373.2234, Florida Statutes, is amended
 1922  to read:
 1923         373.2234 Preferred water supply sources.—The governing
 1924  board of a water management district is authorized to adopt
 1925  rules that identify preferred water supply sources for
 1926  consumptive uses for which there is sufficient data to establish
 1927  that a preferred source will provide a substantial new water
 1928  supply to meet the existing and projected reasonable-beneficial
 1929  uses of a water supply planning region identified pursuant to s.
 1930  373.709(1) 373.0361(1), while sustaining existing water
 1931  resources and natural systems. At a minimum, such rules must
 1932  contain a description of the preferred water supply source and
 1933  an assessment of the water the preferred source is projected to
 1934  produce. If an applicant proposes to use a preferred water
 1935  supply source, that applicant’s proposed water use is subject to
 1936  s. 373.223(1), except that the proposed use of a preferred water
 1937  supply source must be considered by a water management district
 1938  when determining whether a permit applicant’s proposed use of
 1939  water is consistent with the public interest pursuant to s.
 1940  373.223(1)(c). A consumptive use permit issued for the use of a
 1941  preferred water supply source must be granted, when requested by
 1942  the applicant, for at least a 20-year period and may be subject
 1943  to the compliance reporting provisions of s. 373.236(4). Nothing
 1944  in this section shall be construed to exempt the use of
 1945  preferred water supply sources from the provisions of ss.
 1946  373.016(4) and 373.223(2) and (3), or be construed to provide
 1947  that permits issued for the use of a nonpreferred water supply
 1948  source must be issued for a duration of less than 20 years or
 1949  that the use of a nonpreferred water supply source is not
 1950  consistent with the public interest. Additionally, nothing in
 1951  this section shall be interpreted to require the use of a
 1952  preferred water supply source or to restrict or prohibit the use
 1953  of a nonpreferred water supply source. Rules adopted by the
 1954  governing board of a water management district to implement this
 1955  section shall specify that the use of a preferred water supply
 1956  source is not required and that the use of a nonpreferred water
 1957  supply source is not restricted or prohibited.
 1958         Section 17. Subsection (3) of section 373.229, Florida
 1959  Statutes, is amended to read:
 1960         373.229 Application for permit.—
 1961         (3) In addition to the information required in subsection
 1962  (1), all permit applications filed with the governing board or
 1963  the department which propose the transport and use of water
 1964  across county boundaries shall include information pertaining to
 1965  factors to be considered, pursuant to s. 373.223(3), unless
 1966  exempt under s. 373.713(9) 373.1962(9).
 1967         Section 18. Paragraph (a) of subsection (6) of section
 1968  373.236, Florida Statutes, is amended to read:
 1969         373.236 Duration of permits; compliance reports.—
 1970         (6)(a) The Legislature finds that the need for alternative
 1971  water supply development projects to meet anticipated public
 1972  water supply demands of the state is so important that it is
 1973  essential to encourage participation in and contribution to
 1974  these projects by private-rural-land owners who
 1975  characteristically have relatively modest near-term water
 1976  demands but substantially increasing demands after the 20-year
 1977  planning period in s. 373.709 373.0361. Therefore, where such
 1978  landowners make extraordinary contributions of lands or
 1979  construction funding to enable the expeditious implementation of
 1980  such projects, water management districts and the department may
 1981  grant permits for such projects for a period of up to 50 years
 1982  to municipalities, counties, special districts, regional water
 1983  supply authorities, multijurisdictional water supply entities,
 1984  and publicly or privately owned utilities, with the exception of
 1985  any publicly or privately owned utilities created for or by a
 1986  private landowner after April 1, 2008, which have entered into
 1987  an agreement with the private landowner for the purpose of more
 1988  efficiently pursuing alternative public water supply development
 1989  projects identified in a district’s regional water supply plan
 1990  and meeting water demands of both the applicant and the
 1991  landowner.
 1992         Section 19. Paragraph (a) of subsection (6) of section
 1993  373.536, Florida Statutes, is amended to read:
 1994         373.536 District budget and hearing thereon.—
 1995         (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
 1996  WATER RESOURCE DEVELOPMENT WORK PROGRAM.—
 1997         (a) Each district must, by the date specified for each
 1998  item, furnish copies of the following documents to the Governor,
 1999  the President of the Senate, the Speaker of the House of
 2000  Representatives, the chairs of all legislative committees and
 2001  subcommittees having substantive or fiscal jurisdiction over the
 2002  districts, as determined by the President of the Senate or the
 2003  Speaker of the House of Representatives as applicable, the
 2004  secretary of the department, and the governing board of each
 2005  county in which the district has jurisdiction or derives any
 2006  funds for the operations of the district:
 2007         1. The adopted budget, to be furnished within 10 days after
 2008  its adoption.
 2009         2. A financial audit of its accounts and records, to be
 2010  furnished within 10 days after its acceptance by the governing
 2011  board. The audit must be conducted in accordance with the
 2012  provisions of s. 11.45 and the rules adopted thereunder. In
 2013  addition to the entities named above, the district must provide
 2014  a copy of the audit to the Auditor General within 10 days after
 2015  its acceptance by the governing board.
 2016         3. A 5-year capital improvements plan, to be included in
 2017  the consolidated annual report required by s. 373.036(7). The
 2018  plan must include expected sources of revenue for planned
 2019  improvements and must be prepared in a manner comparable to the
 2020  fixed capital outlay format set forth in s. 216.043.
 2021         4. A 5-year water resource development work program to be
 2022  furnished within 30 days after the adoption of the final budget.
 2023  The program must describe the district’s implementation strategy
 2024  for the water resource development component of each approved
 2025  regional water supply plan developed or revised under s. 373.709
 2026  373.0361. The work program must address all the elements of the
 2027  water resource development component in the district’s approved
 2028  regional water supply plans and must identify which projects in
 2029  the work program will provide water, explain how each water
 2030  resource development project will produce additional water
 2031  available for consumptive uses, estimate the quantity of water
 2032  to be produced by each project, and provide an assessment of the
 2033  contribution of the district’s regional water supply plans in
 2034  providing sufficient water to meet the water supply needs of
 2035  existing and future reasonable-beneficial uses for a 1-in-10
 2036  year drought event. Within 30 days after its submittal, the
 2037  department shall review the proposed work program and submit its
 2038  findings, questions, and comments to the district. The review
 2039  must include a written evaluation of the program’s consistency
 2040  with the furtherance of the district’s approved regional water
 2041  supply plans, and the adequacy of proposed expenditures. As part
 2042  of the review, the department shall give interested parties the
 2043  opportunity to provide written comments on each district’s
 2044  proposed work program. Within 45 days after receipt of the
 2045  department’s evaluation, the governing board shall state in
 2046  writing to the department which changes recommended in the
 2047  evaluation it will incorporate into its work program submitted
 2048  as part of the March 1 consolidated annual report required by s.
 2049  373.036(7) or specify the reasons for not incorporating the
 2050  changes. The department shall include the district’s responses
 2051  in a final evaluation report and shall submit a copy of the
 2052  report to the Governor, the President of the Senate, and the
 2053  Speaker of the House of Representatives.
 2054         Section 20. Subsection (11) of section 373.59, Florida
 2055  Statutes, is amended to read:
 2056         373.59 Water Management Lands Trust Fund.—
 2057         (11) Notwithstanding any provision of this section to the
 2058  contrary, the governing board of a water management district may
 2059  request, and the Secretary of Environmental Protection shall
 2060  release upon such request, moneys allocated to the districts
 2061  pursuant to subsection (8) for purposes consistent with the
 2062  provisions of s. 373.709 373.0361, s. 373.705 373.0831, s.
 2063  373.139, or ss. 373.451-373.4595 and for legislatively
 2064  authorized land acquisition and water restoration initiatives.
 2065  No funds may be used pursuant to this subsection until necessary
 2066  debt service obligations, requirements for payments in lieu of
 2067  taxes, and land management obligations that may be required by
 2068  this chapter are provided for.
 2069         Section 21. Paragraph (g) of subsection (1) of section
 2070  378.212, Florida Statutes, is amended to read:
 2071         378.212 Variances.—
 2072         (1) Upon application, the secretary may grant a variance
 2073  from the provisions of this part or the rules adopted pursuant
 2074  thereto. Variances and renewals thereof may be granted for any
 2075  one of the following reasons:
 2076         (g) To accommodate reclamation that provides water supply
 2077  development or water resource development not inconsistent with
 2078  the applicable regional water supply plan approved pursuant to
 2079  s. 373.709 373.0361, provided adverse impacts are not caused to
 2080  the water resources in the basin. A variance may also be granted
 2081  from the requirements of part IV of chapter 373, or the rules
 2082  adopted thereunder, when a project provides an improvement in
 2083  water availability in the basin and does not cause adverse
 2084  impacts to water resources in the basin.
 2085         Section 22. Subsection (9) of section 378.404, Florida
 2086  Statutes, is amended to read:
 2087         378.404 Department of Environmental Protection; powers and
 2088  duties.—The department shall have the following powers and
 2089  duties:
 2090         (9) To grant variances from the provisions of this part to
 2091  accommodate reclamation that provides for water supply
 2092  development or water resource development not inconsistent with
 2093  the applicable regional water supply plan approved pursuant to
 2094  s. 373.709 373.0361, appropriate stormwater management, improved
 2095  wildlife habitat, recreation, or a mixture thereof, provided
 2096  adverse impacts are not caused to the water resources in the
 2097  basin and public health and safety are not adversely affected.
 2098         Section 23. Paragraph (a) of subsection (3) of section
 2099  403.0891, Florida Statutes, is amended to read:
 2100         403.0891 State, regional, and local stormwater management
 2101  plans and programs.—The department, the water management
 2102  districts, and local governments shall have the responsibility
 2103  for the development of mutually compatible stormwater management
 2104  programs.
 2105         (3)(a) Each local government required by chapter 163 to
 2106  submit a comprehensive plan, whose plan is submitted after July
 2107  1, 1992, and the others when updated after July 1, 1992, in the
 2108  development of its stormwater management program described by
 2109  elements within its comprehensive plan shall consider the water
 2110  resource implementation rule, district stormwater management
 2111  goals, plans approved pursuant to the Surface Water Improvement
 2112  and Management Act, ss. 373.451-373.4595, and technical
 2113  assistance information provided by the water management
 2114  districts pursuant to s. 373.711 373.0391.
 2115         Section 24. Section 403.890, Florida Statutes, is amended
 2116  to read:
 2117         403.890 Water Protection and Sustainability Program;
 2118  intent; goals; purposes.—
 2119         (1) Effective July 1, 2006, revenues transferred from the
 2120  Department of Revenue pursuant to s. 201.15(1)(c)2. shall be
 2121  deposited into the Water Protection and Sustainability Program
 2122  Trust Fund in the Department of Environmental Protection. These
 2123  revenues and any other additional revenues deposited into or
 2124  appropriated to the Water Protection and Sustainability Program
 2125  Trust Fund shall be distributed by the Department of
 2126  Environmental Protection in the following manner:
 2127         (a) Sixty percent to the Department of Environmental
 2128  Protection for the implementation of an alternative water supply
 2129  program as provided in s. 373.1961.
 2130         (b) Twenty percent for the implementation of best
 2131  management practices and capital project expenditures necessary
 2132  for the implementation of the goals of the total maximum daily
 2133  load program established in s. 403.067. Of these funds, 85
 2134  percent shall be transferred to the credit of the Department of
 2135  Environmental Protection Water Quality Assurance Trust Fund to
 2136  address water quality impacts associated with nonagricultural
 2137  nonpoint sources. Fifteen percent of these funds shall be
 2138  transferred to the Department of Agriculture and Consumer
 2139  Services General Inspection Trust Fund to address water quality
 2140  impacts associated with agricultural nonpoint sources. These
 2141  funds shall be used for research, development, demonstration,
 2142  and implementation of the total maximum daily load program under
 2143  s. 403.067, suitable best management practices or other measures
 2144  used to achieve water quality standards in surface waters and
 2145  water segments identified pursuant to s. 303(d) of the Clean
 2146  Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
 2147  Implementation of best management practices and other measures
 2148  may include cost-share grants, technical assistance,
 2149  implementation tracking, and conservation leases or other
 2150  agreements for water quality improvement. The Department of
 2151  Environmental Protection and the Department of Agriculture and
 2152  Consumer Services may adopt rules governing the distribution of
 2153  funds for implementation of capital projects, best management
 2154  practices, and other measures. These funds shall not be used to
 2155  abrogate the financial responsibility of those point and
 2156  nonpoint sources that have contributed to the degradation of
 2157  water or land areas. Increased priority shall be given by the
 2158  department and the water management district governing boards to
 2159  those projects that have secured a cost-sharing agreement
 2160  allocating responsibility for the cleanup of point and nonpoint
 2161  sources.
 2162         (c) Ten percent shall be disbursed for the purposes of
 2163  funding projects pursuant to ss. 373.451-373.459 or surface
 2164  water restoration activities in water-management-district
 2165  designated priority water bodies. The Secretary of Environmental
 2166  Protection shall ensure that each water management district
 2167  receives the following percentage of funds annually:
 2168         1. Thirty-five percent to the South Florida Water
 2169  Management District;
 2170         2. Twenty-five percent to the Southwest Florida Water
 2171  Management District;
 2172         3. Twenty-five percent to the St. Johns River Water
 2173  Management District;
 2174         4. Seven and one-half percent to the Suwannee River Water
 2175  Management District; and
 2176         5. Seven and one-half percent to the Northwest Florida
 2177  Water Management District.
 2178         (d) Ten percent to the Department of Environmental
 2179  Protection for the Disadvantaged Small Community Wastewater
 2180  Grant Program as provided in s. 403.1838.
 2181         (2) Applicable beginning in the 2007-2008 fiscal year,
 2182  revenues transferred from the Department of Revenue pursuant to
 2183  s. 201.15(1)(c)2. shall be deposited into the Water Protection
 2184  and Sustainability Program Trust Fund in the Department of
 2185  Environmental Protection. These revenues and any other
 2186  additional Revenues deposited into or appropriated to the Water
 2187  Protection and Sustainability Program Trust Fund shall be
 2188  distributed by the Department of Environmental Protection in the
 2189  following manner:
 2190         (1)(a) Sixty-five percent to the Department of
 2191  Environmental Protection for the implementation of an
 2192  alternative water supply program as provided in s. 373.707
 2193  373.1961.
 2194         (2)(b) Twenty-two and five-tenths percent for the
 2195  implementation of best management practices and capital project
 2196  expenditures necessary for the implementation of the goals of
 2197  the total maximum daily load program established in s. 403.067.
 2198  Of these funds, 83.33 percent shall be transferred to the credit
 2199  of the Department of Environmental Protection Water Quality
 2200  Assurance Trust Fund to address water quality impacts associated
 2201  with nonagricultural nonpoint sources. Sixteen and sixty-seven
 2202  hundredths percent of these funds shall be transferred to the
 2203  Department of Agriculture and Consumer Services General
 2204  Inspection Trust Fund to address water quality impacts
 2205  associated with agricultural nonpoint sources. These funds shall
 2206  be used for research, development, demonstration, and
 2207  implementation of the total maximum daily load program under s.
 2208  403.067, suitable best management practices or other measures
 2209  used to achieve water quality standards in surface waters and
 2210  water segments identified pursuant to s. 303(d) of the Clean
 2211  Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
 2212  Implementation of best management practices and other measures
 2213  may include cost-share grants, technical assistance,
 2214  implementation tracking, and conservation leases or other
 2215  agreements for water quality improvement. The Department of
 2216  Environmental Protection and the Department of Agriculture and
 2217  Consumer Services may adopt rules governing the distribution of
 2218  funds for implementation of capital projects, best management
 2219  practices, and other measures. These funds shall not be used to
 2220  abrogate the financial responsibility of those point and
 2221  nonpoint sources that have contributed to the degradation of
 2222  water or land areas. Increased priority shall be given by the
 2223  department and the water management district governing boards to
 2224  those projects that have secured a cost-sharing agreement
 2225  allocating responsibility for the cleanup of point and nonpoint
 2226  sources.
 2227         (3)(c) Twelve and five-tenths percent to the Department of
 2228  Environmental Protection for the Disadvantaged Small Community
 2229  Wastewater Grant Program as provided in s. 403.1838.
 2230         (4)(d) On June 30, 2009, and every 24 months thereafter,
 2231  the Department of Environmental Protection shall request the
 2232  return of all unencumbered funds distributed pursuant to this
 2233  section. These funds shall be deposited into the Water
 2234  Protection and Sustainability Program Trust Fund and
 2235  redistributed pursuant to the provisions of this section.
 2236         (3) For the 2008-2009 fiscal year only, moneys in the Water
 2237  Protection and Sustainability Program Trust Fund shall be
 2238  transferred to the Ecosystem Management and Restoration Trust
 2239  Fund for grants and aids to local governments for water projects
 2240  as provided in the General Appropriations Act. This subsection
 2241  expires July 1, 2009.
 2242         (4) For fiscal year 2005-2006, funds deposited or
 2243  appropriated into the Water Protection and Sustainability
 2244  Program Trust Fund shall be distributed as follows:
 2245         (a) One hundred million dollars to the Department of
 2246  Environmental Protection for the implementation of an
 2247  alternative water supply program as provided in s. 373.1961.
 2248         (b) Funds remaining after the distribution provided for in
 2249  subsection (1) shall be distributed as follows:
 2250         1. Fifty percent for the implementation of best management
 2251  practices and capital project expenditures necessary for the
 2252  implementation of the goals of the total maximum daily load
 2253  program established in s. 403.067. Of these funds, 85 percent
 2254  shall be transferred to the credit of the Department of
 2255  Environmental Protection Water Quality Assurance Trust Fund to
 2256  address water quality impacts associated with nonagricultural
 2257  nonpoint sources. Fifteen percent of these funds shall be
 2258  transferred to the Department of Agriculture and Consumer
 2259  Services General Inspection Trust Fund to address water quality
 2260  impacts associated with agricultural nonpoint sources. These
 2261  funds shall be used for research, development, demonstration,
 2262  and implementation of suitable best management practices or
 2263  other measures used to achieve water quality standards in
 2264  surface waters and water segments identified pursuant to s.
 2265  303(d) of the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss.
 2266  1251 et seq. Implementation of best management practices and
 2267  other measures may include cost-share grants, technical
 2268  assistance, implementation tracking, and conservation leases or
 2269  other agreements for water quality improvement. The Department
 2270  of Environmental Protection and the Department of Agriculture
 2271  and Consumer Services may adopt rules governing the distribution
 2272  of funds for implementation of best management practices. These
 2273  funds shall not be used to abrogate the financial responsibility
 2274  of those point and nonpoint sources that have contributed to the
 2275  degradation of water or land areas. Increased priority shall be
 2276  given by the department and the water management district
 2277  governing boards to those projects that have secured a cost
 2278  sharing agreement allocating responsibility for the cleanup of
 2279  point and nonpoint sources.
 2280         2. Twenty-five percent for the purposes of funding projects
 2281  pursuant to ss. 373.451-373.459 or surface water restoration
 2282  activities in water-management-district-designated priority
 2283  water bodies. The Secretary of Environmental Protection shall
 2284  ensure that each water management district receives the
 2285  following percentage of funds annually:
 2286         a. Thirty-five percent to the South Florida Water
 2287  Management District;
 2288         b. Twenty-five percent to the Southwest Florida Water
 2289  Management District;
 2290         c. Twenty-five percent to the St. Johns River Water
 2291  Management District;
 2292         d. Seven and one-half percent to the Suwannee River Water
 2293  Management District; and
 2294         e. Seven and one-half percent to the Northwest Florida
 2295  Water Management District.
 2296         3. Twenty-five percent to the Department of Environmental
 2297  Protection for the Disadvantaged Small Community Wastewater
 2298  Grant Program as provided in s. 403.1838.
 2299  
 2300  Prior to the end of the 2008 Regular Session, the Legislature
 2301  must review the distribution of funds under the Water Protection
 2302  and Sustainability Program to determine if revisions to the
 2303  funding formula are required. At the discretion of the President
 2304  of the Senate and the Speaker of the House of Representatives,
 2305  the appropriate substantive committees of the Legislature may
 2306  conduct an interim project to review the Water Protection and
 2307  Sustainability Program and the funding formula and make written
 2308  recommendations to the Legislature proposing necessary changes,
 2309  if any.
 2310         (5) For the 2009-2010 fiscal year only, funds shall be
 2311  distributed as follows:
 2312         (a) Thirty-one and twenty-one hundredths percent to the
 2313  Department of Environmental Protection for the implementation of
 2314  an alternative water supply program as provided in s. 373.1961.
 2315         (b) Twenty-six and eighty-seven hundredths percent for the
 2316  implementation of best management practices and capital project
 2317  expenditures necessary for the implementation of the goals of
 2318  the total maximum daily load program established in s. 403.067.
 2319  Of these funds, 86 percent shall be transferred to the credit of
 2320  the Water Quality Assurance Trust Fund of the Department of
 2321  Environmental Protection to address water quality impacts
 2322  associated with nonagricultural nonpoint sources. Fourteen
 2323  percent of these funds shall be transferred to the General
 2324  Inspection Trust Fund of the Department of Agriculture and
 2325  Consumer Services to address water quality impacts associated
 2326  with agricultural nonpoint sources. These funds shall be used
 2327  for research, development, demonstration, and implementation of
 2328  the total maximum daily load program under s. 403.067, suitable
 2329  best management practices, or other measures used to achieve
 2330  water quality standards in surface waters and water segments
 2331  identified pursuant to s. 303(d) of the Clean Water Act, Pub. L.
 2332  No. 92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best
 2333  management practices and other measures may include cost-share
 2334  grants, technical assistance, implementation tracking, and
 2335  conservation leases or other agreements for water quality
 2336  improvement. The Department of Environmental Protection and the
 2337  Department of Agriculture and Consumer Services may adopt rules
 2338  governing the distribution of funds for implementation of
 2339  capital projects, best management practices, and other measures.
 2340  These funds may not be used to abrogate the financial
 2341  responsibility of those point and nonpoint sources that have
 2342  contributed to the degradation of water or land areas. Increased
 2343  priority shall be given by the department and the water
 2344  management district governing boards to those projects that have
 2345  secured a cost-sharing agreement that allocates responsibility
 2346  for the cleanup of point and nonpoint sources.
 2347         (c) Forty-one and ninety-two hundredths percent to the
 2348  Department of Environmental Protection for the Disadvantaged
 2349  Small Community Wastewater Grant Program as provided in s.
 2350  403.1838.
 2351  
 2352  This subsection expires July 1, 2010.
 2353         Section 25. Subsection (1) of section 403.891, Florida
 2354  Statutes, is amended to read:
 2355         403.891 Water Protection and Sustainability Program Trust
 2356  Fund of the Department of Environmental Protection.—
 2357         (1) The Water Protection and Sustainability Program Trust
 2358  Fund is created within the Department of Environmental
 2359  Protection. The purpose of the trust fund is to receive funds
 2360  pursuant to s. 201.15(1)(c)2., funds from other sources provided
 2361  for in law and the General Appropriations Act, and funds
 2362  received by the department in order to implement the provisions
 2363  of the Water Sustainability and Protection Program created in s.
 2364  403.890.
 2365         Section 26. Section 682.02, Florida Statutes, is amended to
 2366  read:
 2367         682.02 Arbitration agreements made valid, irrevocable, and
 2368  enforceable; scope.—Two or more parties may agree in writing to
 2369  submit to arbitration any controversy existing between them at
 2370  the time of the agreement, or they may include in a written
 2371  contract a provision for the settlement by arbitration of any
 2372  controversy thereafter arising between them relating to such
 2373  contract or the failure or refusal to perform the whole or any
 2374  part thereof. This section also applies to written interlocal
 2375  agreements under ss. 163.01 and 373.713 373.1962 in which two or
 2376  more parties agree to submit to arbitration any controversy
 2377  between them concerning water use permit applications and other
 2378  matters, regardless of whether or not the water management
 2379  district with jurisdiction over the subject application is a
 2380  party to the interlocal agreement or a participant in the
 2381  arbitration. Such agreement or provision shall be valid,
 2382  enforceable, and irrevocable without regard to the justiciable
 2383  character of the controversy; provided that this act shall not
 2384  apply to any such agreement or provision to arbitrate in which
 2385  it is stipulated that this law shall not apply or to any
 2386  arbitration or award thereunder.
 2387         Section 27. Section 373.71, Florida Statutes, is renumbered
 2388  as section 373.69, Florida Statutes.
 2389         Section 28. Sections 373.0361, 373.0391, 373.0831, 373.196,
 2390  373.1961, 373.1962, and 373.1963, Florida Statutes, are
 2391  repealed.
 2392         Section 29.  Paragraph (f) of subsection (3) of section
 2393  373.1961, Florida Statutes, is amended to read:
 2394         373.1961 Water production; general powers and duties;
 2395  identification of needs; funding criteria; economic incentives;
 2396  reuse funding.—
 2397         (3) FUNDING.—
 2398         (f) The governing boards shall determine those projects
 2399  that will be selected for financial assistance. The governing
 2400  boards may establish factors to determine project funding;
 2401  however, significant weight shall be given to the following
 2402  factors:
 2403         1. Whether the project provides substantial environmental
 2404  benefits by preventing or limiting adverse water resource
 2405  impacts.
 2406         2. Whether the project reduces competition for water
 2407  supplies.
 2408         3. Whether the project brings about replacement of
 2409  traditional sources in order to help implement a minimum flow or
 2410  level or a reservation.
 2411         4. Whether the project will be implemented by a consumptive
 2412  use permittee that has achieved the targets contained in a goal
 2413  based water conservation program approved pursuant to s.
 2414  373.227.
 2415         5. The quantity of water supplied by the project as
 2416  compared to its cost.
 2417         6. Projects in which the construction and delivery to end
 2418  users of reuse water is a major component.
 2419         7. Whether the project will be implemented by a
 2420  multijurisdictional water supply entity or regional water supply
 2421  authority.
 2422         8. Whether the project implements reuse that assists in the
 2423  elimination of domestic wastewater ocean outfalls as provided in
 2424  s. 403.086(9).
 2425         9. Whether the county or municipality, or the multiple
 2426  counties or municipalities, in which the project is located has
 2427  implemented a high-water recharge tax protection program as
 2428  provided in s. 193.625.
 2429         Section 30. Subsection (1) of section 373.019, Florida
 2430  Statutes, is amended to read:
 2431         373.019 Definitions.—When appearing in this chapter or in
 2432  any rule, regulation, or order adopted pursuant thereto, the
 2433  term:
 2434         (1) “Alternative water supplies” means salt water; brackish
 2435  surface and groundwater; surface water captured predominately
 2436  during wet-weather flows; sources made available through the
 2437  addition of new storage capacity for surface or groundwater,
 2438  water that has been reclaimed after one or more public supply,
 2439  municipal, industrial, commercial, or agricultural uses; the
 2440  downstream augmentation of water bodies with reclaimed water;
 2441  stormwater; quantifiable water savings from water conservation
 2442  projects; and any other water supply source that is designated
 2443  as nontraditional for a water supply planning region in the
 2444  applicable regional water supply plan.
 2445         Section 31. Paragraph (a) of subsection (19) of section
 2446  373.414, Florida Statutes, is amended to read:
 2447         373.414 Additional criteria for activities in surface
 2448  waters and wetlands.—
 2449         (19)(a) Financial responsibility for mitigation for
 2450  wetlands and other surface waters required by a permit issued
 2451  pursuant to this part for activities associated with the
 2452  extraction of limestone and phosphate are subject to approval by
 2453  the department as part of the permit application review.
 2454  Financial responsibility for permitted activities that which
 2455  will occur over a period of 3 years or less of mining operations
 2456  must be provided to the department before prior to the
 2457  commencement of mining operations and must shall be in an amount
 2458  equal to 110 percent of the estimated mitigation costs for
 2459  wetlands and other surface waters affected under the permit. For
 2460  permitted activities that which will occur over a period of more
 2461  than 3 years of mining operations, the initial financial
 2462  responsibility demonstration must shall be in an amount equal to
 2463  110 percent of the estimated mitigation costs for wetlands and
 2464  other surface waters affected in the first 3 years of operation
 2465  under the permit.; and, For each year thereafter, the financial
 2466  responsibility demonstration must shall be updated, including
 2467  providing to provide an amount equal to 110 percent of the
 2468  estimated mitigation costs for the next year of operations under
 2469  the permit for which financial responsibility has not already
 2470  been demonstrated and to release portions of the financial
 2471  responsibility mechanisms in accordance with applicable rules.
 2472         Section 32. Subsection (2) of section 378.901, Florida
 2473  Statutes, is amended to read:
 2474         378.901 Life-of-the-mine permit.—
 2475         (2) As an alternative to, and in lieu of, separate
 2476  applications for permits required under by part IV of chapter
 2477  373 and part IV of this chapter, any each operator who mines or
 2478  extracts or proposes to mine or extract heavy minerals,
 2479  limestone, or fuller’s earth clay may apply to the bureau for a
 2480  life-of-the-mine permit. This subsection does not limit the
 2481  authority of a local government to approve, approve with
 2482  conditions, deny, or impose a permit duration that is different
 2483  from the duration issued pursuant to this section.
 2484         Section 33. Section 373.4131, Florida Statutes, is created
 2485  to read:
 2486         373.4131 Stormwater quality treatment requirements.
 2487         (1) The Legislature finds that nutrients in stormwater
 2488  contribute to nutrient impairment of the state’s waters. The
 2489  Legislature further finds and declares that a uniform statewide
 2490  rule that is consistent with the state’s strategy to reduce the
 2491  adverse effects of nutrients on water quality as outlined in
 2492  chapter 403 will provide a scientifically and technically sound
 2493  method to assist permitholders in their efforts to meet state
 2494  water quality standards.
 2495         (2) As used in this section, the term:
 2496         (a) “Nutrient” means total nitrogen and total phosphorus.
 2497         (b)“Public roads” means paved roadways within incorporated
 2498  city limits, with urban curb and gutter sections, maintained by
 2499  a governmental entity and used by the general public for motor
 2500  vehicle traffic.
 2501         (c) “Redevelopment” means construction of a surface water
 2502  management system on sites with existing commercial, industrial,
 2503  institutional, or multifamily land uses where the existing
 2504  impervious surface will be removed as part of the proposed
 2505  activity.
 2506         (d) “Stormwater quality treatment requirements” means the
 2507  minimum level of stormwater treatment and design criteria for
 2508  the construction, operation, and maintenance of stormwater
 2509  management systems.
 2510         (3) The department, in coordination with the water
 2511  management districts, shall develop a uniform statewide
 2512  stormwater quality treatment rule for stormwater management
 2513  systems. The rule must provide for geographic differences in
 2514  physical and natural characteristics, such as rainfall patterns,
 2515  topography, soil type, and vegetation. The department shall
 2516  adopt the rule no sooner than July 1, 2011. The water management
 2517  districts and any delegated local program under this part shall
 2518  implement the rule without having to adopt it pursuant to s.
 2519  120.54. However, the department, water management districts, and
 2520  local governments may adopt, amend, or retain rules designed to
 2521  implement a basin management action plan for a total maximum
 2522  daily load and rules established pursuant to s. 373.4592, s.
 2523  373.4595, s. 373.461, or s. 403.067.
 2524         (a) Except as otherwise provided in this section,
 2525  variations from the rule adopted pursuant to this section are
 2526  prohibited under this part.
 2527         (b) Existing stormwater quality treatment rules that are
 2528  superseded by the rule adopted pursuant to this section may be
 2529  repealed without further rulemaking pursuant to s. 120.54 by
 2530  publication of a notice of repeal in the Florida Administrative
 2531  Weekly and subsequent filing of a list of the rules repealed
 2532  with the Department of State.
 2533         (c) Until the rule adopted pursuant to this section becomes
 2534  effective, existing stormwater quality treatment rules adopted
 2535  pursuant to this part are deemed authorized under this part and
 2536  remain in full force and effect.
 2537         (4) The rule adopted pursuant to this section shall
 2538  establish the stormwater quality treatment requirements
 2539  necessary to meet the applicable state water quality standards,
 2540  including nutrient standards. Compliance with the stormwater
 2541  quality treatment requirements creates a presumption that
 2542  stormwater discharged from the system will meet the applicable
 2543  state water quality standards, whether expressed in narrative or
 2544  numeric form, in the receiving waters.
 2545         (5) Notwithstanding subsection (4), the rule adopted
 2546  pursuant to this section may establish alternative stormwater
 2547  quality treatment requirements for the redevelopment of sites,
 2548  the widening of public roads, and the development of sites with
 2549  legacy pollutants from past activities. Such requirements must
 2550  be based upon a feasibility assessment of stormwater best
 2551  management practices that considers factors such as site size,
 2552  availability of offsite regional stormwater treatment systems,
 2553  and physical site characteristics. In addition, the rule adopted
 2554  pursuant to this section shall establish alternative stormwater
 2555  quality treatment requirements for the retrofitting of existing
 2556  stormwater management systems where such retrofitting results in
 2557  a net reduction in the discharge of nutrients and other
 2558  pollutants to the receiving waters.
 2559         (6) After the adoption of the rule pursuant to this
 2560  section, the following shall continue to be governed by the
 2561  stormwater quality treatment rules adopted by the department,
 2562  the water management districts, and any delegated local program
 2563  under this part in effect before the effective date of the rule
 2564  adopted pursuant to this section, unless the applicant elects to
 2565  have an application reviewed in accordance with the rule adopted
 2566  pursuant to this section:
 2567         (a) The operation and maintenance of stormwater management
 2568  systems legally in existence before the effective date of the
 2569  rule adopted pursuant to this section if the terms and
 2570  conditions of the permit, exemption, or other authorization for
 2571  such systems continue to be met;
 2572         (b) The activities approved in a permit issued pursuant to
 2573  this part and the review of activities proposed in applications
 2574  received and completed before the effective date of the rule
 2575  adopted pursuant to this section. This paragraph also applies to
 2576  any modification of the plans, terms, and conditions of the
 2577  permit, including new activities, within the geographical area
 2578  to which the permit applies. However, this paragraph does not
 2579  apply to a modification that would extend the permitted time
 2580  limit for construction beyond 4 additional years or to any
 2581  modification that is reasonably expected to lead to additional
 2582  or substantially different stormwater quality impacts. This
 2583  paragraph also applies to any modification that lessens or does
 2584  not increase stormwater quality impacts; or
 2585         (c) Department of Transportation projects that have
 2586  completed the project development and environment phase, the
 2587  design phase, or for which bids have been advertised.
 2588         (7) This section does not apply to stormwater management
 2589  systems serving agriculture.
 2590         Section 34. Subsections (2), (5), and (9) of section
 2591  373.41492, Florida Statutes, are amended to read:
 2592         373.41492 Miami-Dade County Lake Belt Mitigation Plan;
 2593  mitigation for mining activities within the Miami-Dade County
 2594  Lake Belt.—
 2595         (2) To provide for the mitigation of wetland resources lost
 2596  to mining activities within the Miami-Dade County Lake Belt
 2597  Plan, effective October 1, 1999, a mitigation fee is imposed on
 2598  each ton of limerock and sand extracted by any person who
 2599  engages in the business of extracting limerock or sand from
 2600  within the Miami-Dade County Lake Belt Area and the east one
 2601  half of sections 24 and 25 and all of sections 35 and 36,
 2602  Township 53 South, Range 39 East. The mitigation fee is imposed
 2603  for each ton of limerock and sand sold from within the
 2604  properties where the fee applies in raw, processed, or
 2605  manufactured form, including, but not limited to, sized
 2606  aggregate, asphalt, cement, concrete, and other limerock and
 2607  concrete products. The mitigation fee imposed by this subsection
 2608  for each ton of limerock and sand sold shall be 12 cents per ton
 2609  beginning January 1, 2007; 18 cents per ton beginning January 1,
 2610  2008; and 24 cents per ton beginning January 1, 2009, and 45
 2611  cents per ton beginning January 1, 2011. To upgrade a water
 2612  treatment plant that treats water coming from the Northwest
 2613  Wellfield in Miami-Dade County, a water treatment plant upgrade
 2614  fee is imposed within the same Lake Belt Area subject to the
 2615  mitigation fee and upon the same kind of mined limerock and sand
 2616  subject to the mitigation fee. The water treatment plant upgrade
 2617  fee imposed by this subsection for each ton of limerock and sand
 2618  sold shall be 15 cents per ton beginning on January 1, 2007, and
 2619  the collection of this fee shall cease once the total amount of
 2620  proceeds collected for this fee reaches the amount of the actual
 2621  moneys necessary to design and construct the water treatment
 2622  plant upgrade, as determined in an open, public solicitation
 2623  process. Any limerock or sand that is used within the mine from
 2624  which the limerock or sand is extracted is exempt from the fees.
 2625  The amount of the mitigation fee and the water treatment plant
 2626  upgrade fee imposed under this section must be stated separately
 2627  on the invoice provided to the purchaser of the limerock or sand
 2628  product from the limerock or sand miner, or its subsidiary or
 2629  affiliate, for which the fee or fees apply. The limerock or sand
 2630  miner, or its subsidiary or affiliate, who sells the limerock or
 2631  sand product shall collect the mitigation fee and the water
 2632  treatment plant upgrade fee and forward the proceeds of the fees
 2633  to the Department of Revenue on or before the 20th day of the
 2634  month following the calendar month in which the sale occurs.
 2635         (5) Each January 1, beginning January 1, 2010, through
 2636  December 31, 2011, Beginning January 1, 2010, and each January 1
 2637  thereafter, the per-ton mitigation fee shall be increased by 2.1
 2638  percentage points, plus a cost growth index. The cost growth
 2639  index shall be the percentage change in the weighted average of
 2640  the Employment Cost Index for All Civilian Workers (ecu 10001I),
 2641  issued by the United States Department of Labor for the most
 2642  recent 12-month period ending on September 30, and the
 2643  percentage change in the Producer Price Index for All
 2644  Commodities (WPU 00000000), issued by the United States
 2645  Department of Labor for the most recent 12-month period ending
 2646  on September 30, compared to the weighted average of these
 2647  indices for the previous year. The weighted average shall be
 2648  calculated as 0.6 times the percentage change in the Employment
 2649  Cost Index for All Civilian Workers (ecu 10001I), plus 0.4 times
 2650  the percentage change in the Producer Price Index for All
 2651  Commodities (WPU 00000000). If either index is discontinued, it
 2652  shall be replaced by its successor index, as identified by the
 2653  United States Department of Labor.
 2654         (9)(a) The interagency committee established in this
 2655  section shall annually prepare and submit to the governing board
 2656  of the South Florida Water Management District a report
 2657  evaluating the mitigation costs and revenues generated by the
 2658  mitigation fee.
 2659         (b) No sooner than January 31, 2010, and no more frequently
 2660  than every 5 years thereafter, the interagency committee shall
 2661  submit to the Legislature a report recommending any needed
 2662  adjustments to the mitigation fee, including the annual
 2663  escalator provided for in subsection (5), to ensure that the
 2664  revenue generated reflects the actual costs of the mitigation.
 2665         Section 35. Subsection (7) of section 403.031, Florida
 2666  Statutes, is amended, and subsections (22) and (23) are added to
 2667  that section, to read:
 2668         403.031 Definitions.—In construing this chapter, or rules
 2669  and regulations adopted pursuant hereto, the following words,
 2670  phrases, or terms, unless the context otherwise indicates, have
 2671  the following meanings:
 2672         (7) “Pollution” is the presence in the outdoor atmosphere
 2673  or waters of the state of any substances, contaminants, noise,
 2674  or manmade or human-induced impairment of air or waters or
 2675  alteration of the chemical, physical, biological, or
 2676  radiological integrity of air or water in quantities or at
 2677  levels which are or may be potentially harmful or injurious to
 2678  human health or welfare, animal or plant life, or property or
 2679  which unreasonably interfere with the enjoyment of life or
 2680  property, including outdoor recreation unless authorized by
 2681  applicable law. Nutrients become pollution in a water body at a
 2682  level determined by the department to cause in an imbalance of
 2683  naturally occurring aquatic flora or fauna in that water body.
 2684         (22) “First magnitude spring” means a spring that has a
 2685  median discharge of greater than or equal to 100 cubic feet per
 2686  second for the period of record, as determined by the
 2687  department.
 2688         (23) “Second magnitude spring” means a spring that has a
 2689  median discharge of 10 to 100 cubic feet per second for the
 2690  period of record, as determined by the department.
 2691         Section 36. Subsection (11) of section 403.061, Florida
 2692  Statutes, is amended to read:
 2693         403.061 Department; powers and duties.—The department shall
 2694  have the power and the duty to control and prohibit pollution of
 2695  air and water in accordance with the law and rules adopted and
 2696  promulgated by it and, for this purpose, to:
 2697         (11) Establish ambient air quality and water quality
 2698  standards for the state as a whole or for any part thereof, and
 2699  also standards for the abatement of excessive and unnecessary
 2700  noise. The department is authorized to establish reasonable
 2701  zones of mixing for discharges into waters. Water quality
 2702  criteria for nutrients shall limit loadings or concentrations to
 2703  those that will not cause an imbalance of naturally occurring
 2704  populations of aquatic flora or fauna.
 2705         (a) When a receiving body of water fails to meet a water
 2706  quality standard for pollutants set forth in department rules, a
 2707  steam electric generating plant discharge of pollutants that is
 2708  existing or licensed under this chapter on July 1, 1984, may
 2709  nevertheless be granted a mixing zone, provided that:
 2710         1. The standard would not be met in the water body in the
 2711  absence of the discharge;
 2712         2. The discharge is in compliance with all applicable
 2713  technology-based effluent limitations;
 2714         3. The discharge does not cause a measurable increase in
 2715  the degree of noncompliance with the standard at the boundary of
 2716  the mixing zone; and
 2717         4. The discharge otherwise complies with the mixing zone
 2718  provisions specified in department rules.
 2719         (b) No mixing zone for point source discharges shall be
 2720  permitted in Outstanding Florida Waters except for:
 2721         1. Sources that have received permits from the department
 2722  prior to April 1, 1982, or the date of designation, whichever is
 2723  later;
 2724         2. Blowdown from new power plants certified pursuant to the
 2725  Florida Electrical Power Plant Siting Act;
 2726         3. Discharges of water necessary for water management
 2727  purposes which have been approved by the governing board of a
 2728  water management district and, if required by law, by the
 2729  secretary; and
 2730         4. The discharge of demineralization concentrate which has
 2731  been determined permittable under s. 403.0882 and which meets
 2732  the specific provisions of s. 403.0882(4)(a) and (b), if the
 2733  proposed discharge is clearly in the public interest.
 2734         (c) The department, by rule, shall establish water quality
 2735  criteria for wetlands which criteria give appropriate
 2736  recognition to the water quality of such wetlands in their
 2737  natural state.
 2738  
 2739  Nothing in this act shall be construed to invalidate any
 2740  existing department rule relating to mixing zones. The
 2741  department shall cooperate with the Department of Highway Safety
 2742  and Motor Vehicles in the development of regulations required by
 2743  s. 316.272(1).
 2744  
 2745  The department shall implement such programs in conjunction with
 2746  its other powers and duties and shall place special emphasis on
 2747  reducing and eliminating contamination that presents a threat to
 2748  humans, animals or plants, or to the environment.
 2749         Section 37. Section 403.0675, Florida Statutes, is created
 2750  to read:
 2751         403.0675 Establishment and implementation of numeric
 2752  nutrient standards.—
 2753         (1) The Legislature finds the following: nutrients are
 2754  essential for the biological health and productivity of Florida
 2755  waters; a delicate relationship exists between the concentration
 2756  and loading of nutrients in a water body which reflects its
 2757  health and productivity; the improper combination of nutrients
 2758  with site-specific factors may cause adverse effects on water
 2759  quality; when establishing numeric nutrient standards, the
 2760  failure to take into account site-specific factors and ensure
 2761  scientific validity may result in standards that lack adequate
 2762  scientific support and cause unintended environmental and
 2763  economic consequences; the total maximum daily load program is
 2764  the best mechanism for establishing numeric nutrient standards
 2765  for nutrient impaired water bodies and restoring nutrient
 2766  impaired water bodies; and consistent with the Congressional
 2767  intent expressed in the Clean Water Act, any numeric nutrient
 2768  standards established pursuant to s. 303(c) of the Clean Water
 2769  Act should work in concert with the total maximum daily load
 2770  program and other water quality programs.
 2771         (2) As provided in this section, by August 16, 2010, the
 2772  Department of Environmental Protection shall submit to the
 2773  United States Environmental Protection Agency the following
 2774  numeric nutrient standards in fulfillment of the Environmental
 2775  Protection Agency’s mandate to adopt numeric nutrient criteria
 2776  under s. 303(c)(4)(B) of the Clean Water Act:
 2777         (a) All site-specific numeric nutrient criteria established
 2778  pursuant to subsection (5).
 2779         (b) The site-specific numeric nutrient criteria
 2780  methodology, planning list, and schedule developed in accordance
 2781  with subsection (3).
 2782         (c) The schedule for developing site-specific numeric
 2783  nutrient criteria in accordance with paragraph (4) of this
 2784  section.
 2785  
 2786  The submission of these standards to the Environmental
 2787  Protection Agency shall be a ministerial act that is not subject
 2788  to challenge under section 120.
 2789         (3) The department shall use the following methodology for
 2790  developing site-specific numeric nutrient criteria for Florida
 2791  streams:
 2792         (a) Categorize all streams into the basins established
 2793  pursuant to s. 403.067.
 2794         (b) Prioritize all streams for establishing numeric
 2795  nutrient criteria with highest priority given to nutrient
 2796  impaired waters, followed by unimpaired nutrient-sensitive
 2797  waters, and waters that flow into nutrient-sensitive waters. The
 2798  department may also consider the nutrient concentrations of the
 2799  waters and level of potential anthropogenic influence on the
 2800  waters.
 2801         (c) Develop a planning list and schedule for adopting site
 2802  specific numeric nutrient criteria in accordance with paragraphs
 2803  (3)(a) and (b).
 2804         (d) Adopt by rule site-specific numeric nutrient criteria
 2805  for identified water bodies at the nutrient levels at which the
 2806  water bodies will exhibit imbalances of naturally occurring
 2807  populations of flora and fauna.
 2808         (e) Nutrient criteria may be expressed in terms of
 2809  concentration, mass loading, load allocation, or surrogate
 2810  standards, such as chlorophyll-a, and may be supplemented by
 2811  narrative statements.
 2812         (f) For any waters identified as impaired pursuant to the
 2813  department’s impaired waters rule, any nutrient total maximum
 2814  daily loads established in accordance with s. 403.067 shall be
 2815  submitted to the Environmental Protection Agency in accordance
 2816  with ss. 303(c) and 303(d) of the Clean Water Act, subject to
 2817  the conditions of s. 403.067 and paragraph (d).
 2818         (4) The department shall use the following methodology for
 2819  developing site-specific numeric nutrient criteria for Florida
 2820  lakes and springs:
 2821         (a) The department shall propose for adoption by rule site
 2822  specific numeric nutrient criteria for all first and second
 2823  magnitude Florida springs by January 31, 2011.
 2824         (b)The department shall propose for adoption by rule site
 2825  specific numeric nutrient criteria for Florida lakes by July 31,
 2826  2011.
 2827         (c) Criteria developed in accordance with this paragraph
 2828  shall be subject to paragraphs (3)(d)-(f) and paragraph (5)(a).
 2829         (5) The following nutrient standards shall constitute site
 2830  specific numeric nutrient water quality criteria:
 2831         (a) All nutrient total maximum daily loads and associated
 2832  numeric interpretations of the narrative nutrient criterion,
 2833  whether total nitrogen, total phosphorus, or a surrogate
 2834  nutrient standard, such as chlorophyll-a, biological demand, or
 2835  specific biological metric, developed by the department and
 2836  approved by the Environmental Protection Agency as of March 1,
 2837  2010, subject to the requirements of s. 403.067.
 2838         (b) The total nitrogen load allocations for Tampa Bay and
 2839  its bay segments, as defined in the Reasonable Assurance
 2840  demonstration submitted by the Nitrogen Management Consortium of
 2841  Tampa Bay, as approved by the department.
 2842         (c) The establishment of these standards shall not affect a
 2843  person’s right to challenge the standards as an existing rule
 2844  pursuant to s. 120.56.
 2845         (6) The site-specific numeric nutrient criteria established
 2846  in subsection (5), the methodology for developing site-specific
 2847  numeric nutrient criteria for Florida streams as delineated in
 2848  subsection (3), the planning list and schedule developed in
 2849  accordance with paragraph (3)(c), and the schedule for
 2850  developing site-specific numeric nutrient criteria for Florida
 2851  springs and lakes in subsection (4) prepared by the department
 2852  under this subsection shall be made available for public comment
 2853  prior to the department’s submission of these standards to the
 2854  Environmental Protection Agency, but shall not be subject to
 2855  challenge under chapter 120.
 2856         (7) If the Environmental Protection Agency disapproves,
 2857  approves in part, or conditions its approval of the site
 2858  specific numeric nutrient criteria established in subsection
 2859  (5), the methodology for developing site-specific numeric
 2860  nutrient criteria for Florida streams as delineated in paragraph
 2861  (3), the planning list developed in accordance with paragraph
 2862  (3)(c), or the schedule for developing site-specific numeric
 2863  nutrient criteria for Florida springs and lakes in subsection
 2864  (4) as satisfying s. 303(c)(4)(B) of the Clean Water Act, those
 2865  numeric nutrient standards shall not be effective until ratified
 2866  by the Legislature.
 2867         (8) Prior to adopting additional or more stringent water
 2868  quality standards or criteria applicable to manmade lakes,
 2869  canals or ditches, or streams converted to canals before 1975,
 2870  the Environmental Regulation Commission shall determine the
 2871  aquatic life support and habitat limitations of these waters and
 2872  adopt appropriate classifications or sub-classifications for
 2873  them, together with appropriate designated uses based upon their
 2874  physical and hydrologic characteristics. Any new standards or
 2875  criteria for these waters so classified shall be based upon a
 2876  determination that the standards or criteria are necessary for
 2877  the control of pollution and needed to protect against adverse
 2878  effects of pollution on aquatic life reasonably anticipated in
 2879  these manmade or modified waters. In order to facilitate the
 2880  adoption of site-specific numeric nutrient criteria for these
 2881  waters, the department shall propose for adoption by rule a new
 2882  designated use classification or classifications for these
 2883  waters by October 31, 2010.
 2884         (9) The department shall, when conducting its next
 2885  triennial review of water quality criteria after the effective
 2886  date of this Act, review the numeric nutrient criteria
 2887  established pursuant to paragraph (5)(a) to verify compliance
 2888  with paragraph (3)(d).
 2889         Section 38. Subsection (1) of section 215.619, Florida
 2890  Statutes, is amended to read:
 2891         215.619 Bonds for Everglades restoration.—
 2892         (1) The issuance of Everglades restoration bonds to finance
 2893  or refinance the cost of the acquisition and improvement of
 2894  land, water areas, and related property interests and resources
 2895  for the purpose of implementing the Comprehensive Everglades
 2896  Restoration Plan under s. 373.470, the Lake Okeechobee Watershed
 2897  Protection Plan under s. 373.4595, the Caloosahatchee River
 2898  Watershed Protection Plan under s. 373.4595, the St. Lucie River
 2899  Watershed Protection Plan under s. 373.4595, and the Florida
 2900  Keys Area of Critical State Concern protection program under ss.
 2901  380.05 and 380.0552 in order to restore and conserve natural
 2902  systems through the implementation of water management projects,
 2903  including wastewater management projects identified in the Keys
 2904  Wastewater Plan, dated November 2007, and submitted to the
 2905  Florida House of Representatives on December 4, 2007, is
 2906  authorized in accordance with s. 11(e), Art. VII of the State
 2907  Constitution.
 2908         (a) Everglades restoration bonds, except refunding bonds,
 2909  may be issued only in fiscal years 2002-2003 through 2019-2020
 2910  and may not be issued in an amount exceeding $100 million per
 2911  fiscal year unless:
 2912         1.(a) The Department of Environmental Protection has
 2913  requested additional amounts in order to achieve cost savings or
 2914  accelerate the purchase of land; or
 2915         2.(b) The Legislature authorizes an additional amount of
 2916  bonds not to exceed $200 and limited to $50 million per fiscal
 2917  year, for no more than 4 fiscal years, specifically for the
 2918  purpose of funding the Florida Keys Area of Critical State
 2919  Concern protection program. Proceeds from the bonds shall be
 2920  managed by the Department of Environmental Protection for the
 2921  purpose of entering into financial assistance agreements with
 2922  local governments located in the Florida Keys Area of Critical
 2923  State Concern to finance or refinance the cost of constructing
 2924  sewage collection, treatment, and disposal facilities.
 2925         (b) The duration of Everglades restoration bonds may not
 2926  exceed 20 annual maturities, and those bonds must mature by
 2927  December 31, 2040. Except for refunding bonds, a series of bonds
 2928  may not be issued unless an amount equal to the debt service
 2929  coming due in the year of issuance has been appropriated by the
 2930  Legislature. Beginning July 1, 2010, the Legislature shall
 2931  analyze the ratio of the state’s debt to projected revenues
 2932  before authorizing the issuance of prior to the authorization to
 2933  issue any bonds under this section.
 2934         Section 39. Subsections (2), (4), (7), and (9) of section
 2935  380.0552, Florida Statutes, are amended to read:
 2936         380.0552 Florida Keys Area; protection and designation as
 2937  area of critical state concern.—
 2938         (2) LEGISLATIVE INTENT.—It is hereby declared that the
 2939  intent of the Legislature to is:
 2940         (a) To Establish a land use management system that protects
 2941  the natural environment of the Florida Keys.
 2942         (b) To Establish a land use management system that
 2943  conserves and promotes the community character of the Florida
 2944  Keys.
 2945         (c) To Establish a land use management system that promotes
 2946  orderly and balanced growth in accordance with the capacity of
 2947  available and planned public facilities and services.
 2948         (d) To Provide for affordable housing in close proximity to
 2949  places of employment in the Florida Keys.
 2950         (e) To Establish a land use management system that promotes
 2951  and supports a diverse and sound economic base.
 2952         (f) To Protect the constitutional rights of property owners
 2953  to own, use, and dispose of their real property.
 2954         (g) To Promote coordination and efficiency among
 2955  governmental agencies that have with permitting jurisdiction
 2956  over land use activities in the Florida Keys.
 2957         (h) Promote an appropriate land acquisition and protection
 2958  strategy for environmentally sensitive lands within the Florida
 2959  Keys.
 2960         (i) Protect and improve the nearshore water quality of the
 2961  Florida Keys through the construction and operation of
 2962  wastewater management facilities that meet the requirements of
 2963  ss. 381.0065(4)(l) and 403.086(10), as applicable.
 2964         (j) Ensure that the population of the Florida Keys can be
 2965  safely evacuated.
 2966         (4) REMOVAL OF DESIGNATION.—
 2967         (a) Between July 12, 2008, and August 30, 2008, the state
 2968  land planning agency shall submit a written report to the
 2969  Administration Commission describing in detail the progress of
 2970  the Florida Keys Area toward accomplishing the tasks of the work
 2971  program as defined in paragraph (c) and providing a
 2972  recommendation as to whether substantial progress toward
 2973  accomplishing the tasks of the work program has been achieved.
 2974  Subsequent to receipt of the report, the Administration
 2975  Commission shall determine, prior to October 1, 2008, whether
 2976  substantial progress has been achieved toward accomplishing the
 2977  tasks of the work program. The designation of the Florida Keys
 2978  Area as an area of critical state concern under this section may
 2979  be recommended for removal upon fulfilling the legislative
 2980  intent under subsection (2) and completion of all the work
 2981  program tasks specified in rules of the Administration
 2982  Commission shall be removed October 1, 2009, unless the
 2983  Administration Commission finds, after receipt of the state land
 2984  planning agency report, that substantial progress has not been
 2985  achieved toward accomplishing the tasks of the work program. If
 2986  the designation of the Florida Keys Area as an area of critical
 2987  state concern is removed, the Administration Commission, within
 2988  60 days after removal of the designation, shall initiate
 2989  rulemaking pursuant to chapter 120 to repeal any rules relating
 2990  to the designation of the Florida Keys Area as an area of
 2991  critical state concern. If, after receipt of the state land
 2992  planning agency’s report, the Administration Commission finds
 2993  that substantial progress toward accomplishing the tasks of the
 2994  work program has not been achieved, the Administration
 2995  Commission shall provide a written report to the Monroe County
 2996  Commission within 30 days after making such finding detailing
 2997  the tasks under the work program that must be accomplished in
 2998  order for substantial progress to be achieved within the next 12
 2999  months.
 3000         (b) Beginning November 30, 2010, the state land planning
 3001  agency shall annually submit a written report to the
 3002  Administration Commission describing the progress of the Florida
 3003  Keys Area toward completing the work program tasks specified in
 3004  commission rules. The land planning agency shall recommend
 3005  removing the Florida Keys Area from being designated as an area
 3006  of critical state concern to the commission if it determines
 3007  that:
 3008         1. All of the work program tasks have been completed,
 3009  including construction of, operation of, and connection to
 3010  central wastewater management facilities pursuant to s.
 3011  403.086(10) and upgrade of onsite sewage treatment and disposal
 3012  systems pursuant to s. 381.0065(4)(l);
 3013         2. All local comprehensive plans and land development
 3014  regulations and the administration of such plans and regulations
 3015  are adequate to protect the Florida Keys Area, fulfill the
 3016  legislative intent specified in subsection (2), and are
 3017  consistent with and further the principles guiding development;
 3018  and
 3019         3. A local government has adopted a resolution at a public
 3020  hearing recommending the removal of the designation.
 3021         (b) If the designation of the Florida Keys Area as an area
 3022  of critical state concern is not removed in accordance with
 3023  paragraph (a), the state land planning agency shall submit a
 3024  written annual report to the Administration Commission on
 3025  November 1 of each year, until such time as the designation is
 3026  removed, describing the progress of the Florida Keys Area toward
 3027  accomplishing remaining tasks under the work program and
 3028  providing a recommendation as to whether substantial progress
 3029  toward accomplishing the tasks of the work program has been
 3030  achieved. The Administration Commission shall determine, within
 3031  45 days after receipt of the annual report, whether substantial
 3032  progress has been achieved toward accomplishing the remaining
 3033  tasks of the work program. The designation of the Florida Keys
 3034  Area as an area of critical state concern under this section
 3035  shall be removed unless the Administration Commission finds that
 3036  substantial progress has not been achieved toward accomplishing
 3037  the tasks of the work program. If the designation of the Florida
 3038  Keys Area as an area of critical state concern is removed, the
 3039  Administration Commission, within 60 days after removal of the
 3040  designation, shall initiate rulemaking pursuant to chapter 120
 3041  to repeal any rules relating to the designation of the Florida
 3042  Keys Area as an area of critical state concern. If the
 3043  Administration Commission finds that substantial progress has
 3044  not been achieved, the Administration Commission shall provide
 3045  to the Monroe County Commission, within 30 days after making its
 3046  finding, a report detailing the tasks under the work program
 3047  that must be accomplished in order for substantial progress to
 3048  be achieved within the next 12 months.
 3049         (c) After receipt of the state land planning agency report
 3050  and recommendation, the Administration Commission shall
 3051  determine whether the requirements have been fulfilled and may
 3052  remove the designation of the Florida Keys as an area of
 3053  critical state concern. If the commission removes the
 3054  designation, it shall initiate rulemaking to repeal any rules
 3055  relating such designation within 60 days. If, after receipt of
 3056  the state land planning agency’s report and recommendation, the
 3057  commission finds that the requirements for recommending removal
 3058  of designation have not been met, the commission shall provide a
 3059  written report to the local governments within 30 days after
 3060  making such a finding detailing the tasks that must be completed
 3061  by the local government.
 3062         (c) For purposes of this subsection, the term “work
 3063  program” means the 10-year work program as set forth in rule 28
 3064  20.110, Florida Administrative Code, on January 1, 2006,
 3065  excluding amendments to the work program that take effect after
 3066  January 1, 2006.
 3067         (d) The determination of the Administration Commission’s
 3068  determination concerning the removal of the designation of the
 3069  Florida Keys as an area of critical state concern Commission as
 3070  to whether substantial progress has been made toward
 3071  accomplishing the tasks of the work program may be judicially
 3072  reviewed pursuant to chapter 120 86. All proceedings shall be
 3073  conducted by the Division of Administrative Hearings and must be
 3074  initiated within 30 days after the commission issues its
 3075  determination in the circuit court of the judicial circuit where
 3076  the Administration Commission maintains its headquarters and
 3077  shall be initiated within 30 days after rendition of the
 3078  Administration Commission’s determination. The Administration
 3079  Commission’s determination as to whether substantial progress
 3080  has been made toward accomplishing the tasks of the work program
 3081  shall be upheld if it is supported by competent and substantial
 3082  evidence and shall not be subject to administrative review under
 3083  chapter 120.
 3084         (e) After removal of the designation of the Florida Keys as
 3085  an area of critical state concern, the state land planning
 3086  agency shall review proposed local comprehensive plans, and any
 3087  amendments to existing comprehensive plans, which are applicable
 3088  to the Florida Keys Area, the boundaries of which were described
 3089  in chapter 28-29, Florida Administrative Code, as of January 1,
 3090  2006, for compliance with subparagraphs 1. and 2., in addition
 3091  to reviewing proposed local comprehensive plans and amendments
 3092  for compliance as defined in s. 163.3184. All procedures and
 3093  penalties described in s. 163.3184 apply to the review conducted
 3094  pursuant to this paragraph.
 3095         1. Adoption of construction schedules for wastewater
 3096  facilities improvements in the annually adopted capital
 3097  improvements element and adoption of standards for the
 3098  construction of wastewater treatment facilities which meet or
 3099  exceed the criteria of chapter 99-395, Laws of Florida.
 3100         2. Adoption of goals, objectives, and policies to protect
 3101  public safety and welfare in the event of a natural disaster by
 3102  maintaining a hurricane evacuation clearance time for permanent
 3103  residents of no more than 24 hours. The hurricane evacuation
 3104  clearance time shall be determined by a hurricane evacuation
 3105  study conducted in accordance with a professionally accepted
 3106  methodology and approved by the state land planning agency.
 3107         (f) The Administration Commission may adopt rules or revise
 3108  existing rules as necessary to administer this subsection.
 3109         (7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional,
 3110  and local agencies and units of government in the Florida Keys
 3111  Area shall coordinate their plans and conduct their programs and
 3112  regulatory activities consistent with the principles for guiding
 3113  development as specified set forth in chapter 27F-8, Florida
 3114  Administrative Code, as amended effective August 23, 1984, which
 3115  chapter is hereby adopted and incorporated herein by reference.
 3116  For the purposes of reviewing the consistency of the adopted
 3117  plan, or any amendments to that plan, with the principles for
 3118  guiding development, and any amendments to the principles, the
 3119  principles shall be construed as a whole and no specific
 3120  provisions may not provision shall be construed or applied in
 3121  isolation from the other provisions. However, the principles for
 3122  guiding development as set forth in chapter 27F-8, Florida
 3123  Administrative Code, as amended effective August 23, 1984, are
 3124  repealed 18 months from July 1, 1986. After repeal, the
 3125  following shall be the principles with which any plan amendments
 3126  must be consistent with the following principles:
 3127         (a) Strengthening To strengthen local government
 3128  capabilities for managing land use and development so that local
 3129  government is able to achieve these objectives without
 3130  continuing the continuation of the area of critical state
 3131  concern designation.
 3132         (b) Protecting To protect shoreline and marine resources,
 3133  including mangroves, coral reef formations, seagrass beds,
 3134  wetlands, fish and wildlife, and their habitat.
 3135         (c) Protecting To protect upland resources, tropical
 3136  biological communities, freshwater wetlands, native tropical
 3137  vegetation (for example, hardwood hammocks and pinelands), dune
 3138  ridges and beaches, wildlife, and their habitat.
 3139         (d) Ensuring To ensure the maximum well-being of the
 3140  Florida Keys and its citizens through sound economic
 3141  development.
 3142         (e) Limiting To limit the adverse impacts of development on
 3143  the quality of water throughout the Florida Keys.
 3144         (f) Enhancing To enhance natural scenic resources,
 3145  promoting promote the aesthetic benefits of the natural
 3146  environment, and ensuring ensure that development is compatible
 3147  with the unique historic character of the Florida Keys.
 3148         (g) Protecting To protect the historical heritage of the
 3149  Florida Keys.
 3150         (h) Protecting To protect the value, efficiency, cost
 3151  effectiveness, and amortized life of existing and proposed major
 3152  public investments, including:
 3153         1. The Florida Keys Aqueduct and water supply facilities;
 3154         2. Sewage collection, treatment, and disposal facilities;
 3155         3. Solid waste treatment, collection, and disposal
 3156  facilities;
 3157         4. Key West Naval Air Station and other military
 3158  facilities;
 3159         5. Transportation facilities;
 3160         6. Federal parks, wildlife refuges, and marine sanctuaries;
 3161         7. State parks, recreation facilities, aquatic preserves,
 3162  and other publicly owned properties;
 3163         8. City electric service and the Florida Keys Electric Co
 3164  op; and
 3165         9. Other utilities, as appropriate.
 3166         (i) Protecting and improving water quality by providing for
 3167  the construction, operation, maintenance, and replacement of
 3168  stormwater management facilities; central sewage collection;
 3169  treatment and disposal facilities; and the installation and
 3170  proper operation and maintenance of onsite sewage treatment and
 3171  disposal systems.
 3172         (j) Ensuring the improvement of nearshore water quality by
 3173  requiring the construction and operation of wastewater
 3174  management facilities that meet the requirements of ss.
 3175  381.0065(4)(l) and 403.086(10), as applicable, and by directing
 3176  growth to areas served by central wastewater treatment
 3177  facilities through permit allocation systems.
 3178         (k)(i)Limiting To limit the adverse impacts of public
 3179  investments on the environmental resources of the Florida Keys.
 3180         (l)(j)Making To make available adequate affordable housing
 3181  for all sectors of the population of the Florida Keys.
 3182         (m)(k)Providing To provide adequate alternatives for the
 3183  protection of public safety and welfare in the event of a
 3184  natural or manmade disaster and for a postdisaster
 3185  reconstruction plan.
 3186         (n)(l)Protecting To protect the public health, safety, and
 3187  welfare of the citizens of the Florida Keys and maintain the
 3188  Florida Keys as a unique Florida resource.
 3189         (9) MODIFICATION TO PLANS AND REGULATIONS.—
 3190         (a) Any land development regulation or element of a local
 3191  comprehensive plan in the Florida Keys Area may be enacted,
 3192  amended, or rescinded by a local government, but the enactment,
 3193  amendment, or rescission becomes shall become effective only
 3194  upon the approval thereof by the state land planning agency. The
 3195  state land planning agency shall review the proposed change to
 3196  determine if it is in compliance with the principles for guiding
 3197  development specified set forth in chapter 27F-8, Florida
 3198  Administrative Code, as amended effective August 23, 1984, and
 3199  must shall either approve or reject the requested changes within
 3200  60 days after of receipt thereof. Amendments to local
 3201  comprehensive plans in the Florida Keys Area must also be
 3202  reviewed for compliance with the following:
 3203         1. Construction schedules and detailed capital financing
 3204  plans for wastewater management improvements in the annually
 3205  adopted capital improvements element, and standards for the
 3206  construction of wastewater treatment and disposal facilities or
 3207  collection systems that meet or exceed the criteria in s.
 3208  403.086(10) for wastewater treatment and disposal facilities or
 3209  s. 381.0065(4)(l) for onsite sewage treatment and disposal
 3210  systems.
 3211         2. Goals, objectives, and policies to protect public safety
 3212  and welfare in the event of a natural disaster by maintaining a
 3213  hurricane evacuation clearance time for permanent residents of
 3214  no more than 24 hours. The hurricane evacuation clearance time
 3215  shall be determined by a hurricane evacuation study conducted in
 3216  accordance with a professionally accepted methodology and
 3217  approved by the state land planning agency.
 3218         (b)Further, The state land planning agency, after
 3219  consulting with the appropriate local government, may, no more
 3220  often than once per a year, recommend to the Administration
 3221  Commission the enactment, amendment, or rescission of a land
 3222  development regulation or element of a local comprehensive plan.
 3223  Within 45 days following the receipt of such recommendation by
 3224  the state land planning agency, the commission shall reject the
 3225  recommendation, or accept it with or without modification and
 3226  adopt it, by rule, including any changes. Any Such local
 3227  development regulation or plan must shall be in compliance with
 3228  the principles for guiding development.
 3229         Section 40. Subsection (1) and paragraph (l) of subsection
 3230  (4) of section 381.0065, Florida Statutes are amended, present
 3231  subsection (5) of that section is renumbered as subsection (6),
 3232  and new subsections (5) and (7) are added to that section, to
 3233  read:
 3234         381.0065 Onsite sewage treatment and disposal systems;
 3235  regulation.—
 3236         (1) LEGISLATIVE INTENT.— 
 3237         (a) It is the intent of the Legislature that proper
 3238  management of onsite sewage treatment and disposal systems is
 3239  paramount to the health, safety, and welfare of the public. It
 3240  is further the intent of the Legislature that the department
 3241  shall administer an evaluation program to ensure the operational
 3242  condition of the system and identify any failure with the
 3243  system.
 3244         (b) It is the intent of the Legislature that where a
 3245  publicly owned or investor-owned sewerage system is not
 3246  available, the department shall issue permits for the
 3247  construction, installation, modification, abandonment, or repair
 3248  of onsite sewage treatment and disposal systems under conditions
 3249  as described in this section and rules adopted under this
 3250  section. It is further the intent of the Legislature that the
 3251  installation and use of onsite sewage treatment and disposal
 3252  systems not adversely affect the public health or significantly
 3253  degrade the groundwater or surface water.
 3254         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
 3255  construct, repair, modify, abandon, or operate an onsite sewage
 3256  treatment and disposal system without first obtaining a permit
 3257  approved by the department. The department may issue permits to
 3258  carry out this section, but shall not make the issuance of such
 3259  permits contingent upon prior approval by the Department of
 3260  Environmental Protection, except that the issuance of a permit
 3261  for work seaward of the coastal construction control line
 3262  established under s. 161.053 shall be contingent upon receipt of
 3263  any required coastal construction control line permit from the
 3264  Department of Environmental Protection. A construction permit is
 3265  valid for 18 months from the issuance date and may be extended
 3266  by the department for one 90-day period under rules adopted by
 3267  the department. A repair permit is valid for 90 days from the
 3268  date of issuance. An operating permit must be obtained prior to
 3269  the use of any aerobic treatment unit or if the establishment
 3270  generates commercial waste. Buildings or establishments that use
 3271  an aerobic treatment unit or generate commercial waste shall be
 3272  inspected by the department at least annually to assure
 3273  compliance with the terms of the operating permit. The operating
 3274  permit for a commercial wastewater system is valid for 1 year
 3275  from the date of issuance and must be renewed annually. The
 3276  operating permit for an aerobic treatment unit is valid for 2
 3277  years from the date of issuance and must be renewed every 2
 3278  years. If all information pertaining to the siting, location,
 3279  and installation conditions or repair of an onsite sewage
 3280  treatment and disposal system remains the same, a construction
 3281  or repair permit for the onsite sewage treatment and disposal
 3282  system may be transferred to another person, if the transferee
 3283  files, within 60 days after the transfer of ownership, an
 3284  amended application providing all corrected information and
 3285  proof of ownership of the property. There is no fee associated
 3286  with the processing of this supplemental information. A person
 3287  may not contract to construct, modify, alter, repair, service,
 3288  abandon, or maintain any portion of an onsite sewage treatment
 3289  and disposal system without being registered under part III of
 3290  chapter 489. A property owner who personally performs
 3291  construction, maintenance, or repairs to a system serving his or
 3292  her own owner-occupied single-family residence is exempt from
 3293  registration requirements for performing such construction,
 3294  maintenance, or repairs on that residence, but is subject to all
 3295  permitting requirements. A municipality or political subdivision
 3296  of the state may not issue a building or plumbing permit for any
 3297  building that requires the use of an onsite sewage treatment and
 3298  disposal system unless the owner or builder has received a
 3299  construction permit for such system from the department. A
 3300  building or structure may not be occupied and a municipality,
 3301  political subdivision, or any state or federal agency may not
 3302  authorize occupancy until the department approves the final
 3303  installation of the onsite sewage treatment and disposal system.
 3304  A municipality or political subdivision of the state may not
 3305  approve any change in occupancy or tenancy of a building that
 3306  uses an onsite sewage treatment and disposal system until the
 3307  department has reviewed the use of the system with the proposed
 3308  change, approved the change, and amended the operating permit.
 3309         (l) For the Florida Keys, the department shall adopt a
 3310  special rule for the construction, installation, modification,
 3311  operation, repair, maintenance, and performance of onsite sewage
 3312  treatment and disposal systems which considers the unique soil
 3313  conditions and which considers water table elevations,
 3314  densities, and setback requirements. On lots where a setback
 3315  distance of 75 feet from surface waters, saltmarsh, and
 3316  buttonwood association habitat areas cannot be met, an injection
 3317  well, approved and permitted by the department, may be used for
 3318  disposal of effluent from onsite sewage treatment and disposal
 3319  systems. The following additional requirements apply to onsite
 3320  sewage treatment and disposal systems in Monroe County:
 3321         1. The county, each municipality, and those special
 3322  districts established for the purpose of the collection,
 3323  transmission, treatment, or disposal of sewage shall ensure, in
 3324  accordance with the specific schedules adopted by the
 3325  Administration Commission under s. 380.0552, the completion of
 3326  onsite sewage treatment and disposal system upgrades to meet the
 3327  requirements of this paragraph.
 3328         2. Onsite sewage treatment and disposal systems must cease
 3329  discharge by December 31, 2015, or must comply with department
 3330  rules and provide the level of treatment which, on a permitted
 3331  annual average basis, produces an effluent that contains no more
 3332  than the following concentrations:
 3333         a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
 3334         b. Suspended Solids of 10 mg/l.
 3335         c. Total Nitrogen, expressed as N, of 10 mg/l.
 3336         d. Total Phosphorus, expressed as P, of 1 mg/l.
 3337  
 3338  In addition, onsite sewage treatment and disposal systems
 3339  discharging to an injection well must provide basic disinfection
 3340  as defined by department rule.
 3341         3. On or after July 1, 2010, all new, modified, and
 3342  repaired onsite sewage treatment and disposal systems must
 3343  provide the level of treatment described in subparagraph 2.
 3344  However, in areas scheduled to be served by central sewer by
 3345  December 31, 2015, if the property owner has paid a connection
 3346  fee or assessment for connection to the central sewer system, an
 3347  onsite sewage treatment and disposal system may be repaired to
 3348  the following minimum standards:
 3349         a. The existing tanks must be pumped and inspected and
 3350  certified as being watertight and free of defects in accordance
 3351  with department rule; and
 3352         b. A sand-lined drainfield or injection well in accordance
 3353  with department rule must be installed.
 3354         4. Onsite sewage treatment and disposal systems must be
 3355  monitored for total nitrogen and total phosphorus concentrations
 3356  as required by department rule.
 3357         5. The department shall enforce proper installation,
 3358  operation, and maintenance of onsite sewage treatment and
 3359  disposal systems pursuant to this chapter, including ensuring
 3360  that the appropriate level of treatment described in
 3361  subparagraph 2. is met.
 3362         6. The county, each municipality, and those special
 3363  districts established for the purpose of collection,
 3364  transmission, treatment, or disposal of sewage may require
 3365  connecting onsite sewage treatment and disposal systems to a
 3366  central sewer system within 30 days after notice of availability
 3367  of service.
 3368         (5) EVALUATION AND ASSESSMENT.—
 3369         (a) Beginning January 1, 2011, the department shall
 3370  administer an onsite sewage treatment and disposal system
 3371  evaluation program for the purpose of assessing the fundamental
 3372  operational condition of systems and identifying any failures
 3373  within the systems. The department shall adopt rules
 3374  implementing the program standards, procedures, and
 3375  requirements, including, but not limited to, a schedule for a 5
 3376  year evaluation cycle, requirements for the pump-out of a system
 3377  or repair of a failing system, enforcement procedures for
 3378  failure of a system owner to obtain an evaluation of the system,
 3379  and failure of a contractor to timely submit evaluation results
 3380  to the department and the system owner. The department shall
 3381  ensure statewide implementation of the evaluation and assessment
 3382  program by January 1, 2016.
 3383         (b) Owners of an onsite sewage treatment and disposal
 3384  system, excluding a system that is required to obtain an
 3385  operating permit, shall have the system evaluated at least once
 3386  every 5 years to assess the fundamental operational condition of
 3387  the system, and identify any failure within the system.
 3388         (c) All evaluation procedures must be documented and
 3389  nothing in this subsection limits the amount of detail an
 3390  evaluator may provide at his or her professional discretion. The
 3391  evaluation must include a tank and drainfield evaluation, a
 3392  written assessment of the condition of the system, and, if
 3393  necessary, a disclosure statement pursuant to the department’s
 3394  procedure.
 3395         (d) Systems being evaluated are required to meet at least a
 3396  12-inch separation from the bottom of the drainfield to the
 3397  wettest season water table elevation as defined by department
 3398  rule. All drainfield repairs, replacements, or modifications
 3399  shall meet a 24-inch separation from the bottom of the
 3400  drainfield to the wettest season water table elevation as
 3401  defined by department rule. Where a system repair or
 3402  modification to a site developed prior to January 1, 1983,
 3403  exceeds the lot size requirements for installation, or will not
 3404  meet the required well setbacks, a system meeting the maximum
 3405  separation from the bottom of the drainfield to the wettest
 3406  season water table possible shall be installed. In no case shall
 3407  well setbacks be less than those required of the existing system
 3408  being repaired or modified.
 3409         (e) If documentation of a tank pump-out or a permitted new
 3410  installation, repair, or modification of the system within the
 3411  previous 3 years is provided and states the capacity of the tank
 3412  and indicates that the condition of the tank is not a sanitary
 3413  or public health nuisance pursuant to department rule, a pump
 3414  out of the system is not required.
 3415         (f) Owners are responsible for paying the cost of any
 3416  required pump-out, repair, or replacement pursuant to department
 3417  rule, and may not request partial evaluation or the omission of
 3418  portions of the evaluation.
 3419         (g) Each evaluation or pump-out required under this
 3420  subsection must be performed by a septic tank contractor or
 3421  master septic tank contractor registered under part III of
 3422  chapter 489, a professional engineer with wastewater treatment
 3423  system experience licensed pursuant to chapter 471, or an
 3424  environmental health professional certified under chapter 381 in
 3425  the area of onsite sewage treatment and disposal system
 3426  evaluation.
 3427         (h) The evaluation report fee collected pursuant to s.
 3428  381.0066(2)(b) shall be remitted to the department by the
 3429  evaluator at the time the report is submitted.
 3430         (i) Prior to any evaluation deadline, the department must
 3431  provide a minimum of 60 days’ notice to owners that their
 3432  systems must be evaluated by that deadline. The department may
 3433  include a copy of any homeowner educational materials developed
 3434  pursuant to this section which provides information on the
 3435  proper maintenance of onsite sewage treatment and disposal
 3436  systems.
 3437         (6)(5) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.—
 3438         (a) Department personnel who have reason to believe
 3439  noncompliance exists, may at any reasonable time, enter the
 3440  premises permitted under ss. 381.0065-381.0066, or the business
 3441  premises of any septic tank contractor or master septic tank
 3442  contractor registered under part III of chapter 489, or any
 3443  premises that the department has reason to believe is being
 3444  operated or maintained not in compliance, to determine
 3445  compliance with the provisions of this section, part I of
 3446  chapter 386, or part III of chapter 489 or rules or standards
 3447  adopted under ss. 381.0065-381.0067, part I of chapter 386, or
 3448  part III of chapter 489. As used in this paragraph, the term
 3449  “premises” does not include a residence or private building. To
 3450  gain entry to a residence or private building, the department
 3451  must obtain permission from the owner or occupant or secure an
 3452  inspection warrant from a court of competent jurisdiction.
 3453         (b)1. The department may issue citations that may contain
 3454  an order of correction or an order to pay a fine, or both, for
 3455  violations of ss. 381.0065-381.0067, part I of chapter 386, or
 3456  part III of chapter 489 or the rules adopted by the department,
 3457  when a violation of these sections or rules is enforceable by an
 3458  administrative or civil remedy, or when a violation of these
 3459  sections or rules is a misdemeanor of the second degree. A
 3460  citation issued under ss. 381.0065-381.0067, part I of chapter
 3461  386, or part III of chapter 489 constitutes a notice of proposed
 3462  agency action.
 3463         2. A citation must be in writing and must describe the
 3464  particular nature of the violation, including specific reference
 3465  to the provisions of law or rule allegedly violated.
 3466         3. The fines imposed by a citation issued by the department
 3467  may not exceed $500 for each violation. Each day the violation
 3468  exists constitutes a separate violation for which a citation may
 3469  be issued.
 3470         4. The department shall inform the recipient, by written
 3471  notice pursuant to ss. 120.569 and 120.57, of the right to an
 3472  administrative hearing to contest the citation within 21 days
 3473  after the date the citation is received. The citation must
 3474  contain a conspicuous statement that if the recipient fails to
 3475  pay the fine within the time allowed, or fails to appear to
 3476  contest the citation after having requested a hearing, the
 3477  recipient has waived the recipient’s right to contest the
 3478  citation and must pay an amount up to the maximum fine.
 3479         5. The department may reduce or waive the fine imposed by
 3480  the citation. In determining whether to reduce or waive the
 3481  fine, the department must consider the gravity of the violation,
 3482  the person’s attempts at correcting the violation, and the
 3483  person’s history of previous violations including violations for
 3484  which enforcement actions were taken under ss. 381.0065
 3485  381.0067, part I of chapter 386, part III of chapter 489, or
 3486  other provisions of law or rule.
 3487         6. Any person who willfully refuses to sign and accept a
 3488  citation issued by the department commits a misdemeanor of the
 3489  second degree, punishable as provided in s. 775.082 or s.
 3490  775.083.
 3491         7. The department, pursuant to ss. 381.0065-381.0067, part
 3492  I of chapter 386, or part III of chapter 489, shall deposit any
 3493  fines it collects in the county health department trust fund for
 3494  use in providing services specified in those sections.
 3495         8. This section provides an alternative means of enforcing
 3496  ss. 381.0065-381.0067, part I of chapter 386, and part III of
 3497  chapter 489. This section does not prohibit the department from
 3498  enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
 3499  III of chapter 489, or its rules, by any other means. However,
 3500  the department must elect to use only a single method of
 3501  enforcement for each violation.
 3502         (7) LAND APPLICATION OF SEPTAGE PROHIBITED.—Effective
 3503  January 1, 2016, the land application of septage from onsite
 3504  sewage treatment and disposal systems is prohibited. The
 3505  department, in consultation with the Department of Environmental
 3506  Protection shall initiate rulemaking and develop enforcement
 3507  mechanisms and penalties to implement the provisions of this
 3508  subsection.
 3509         Section 41. Section 381.00656, Florida Statutes, is created
 3510  to read:
 3511         381.00656 Grant program for repair of onsite sewage
 3512  treatment disposal systems.—Effective January 1, 2012, the
 3513  department shall administer a grant program to assist owners of
 3514  onsite sewage treatment and disposal systems identified pursuant
 3515  to s. 381.0065 or the rules adopted thereunder. A grant under
 3516  the program may be awarded to an owner only for the purpose of
 3517  inspecting, pumping, repairing, or replacing a system serving a
 3518  single-family residence occupied by an owner with a family
 3519  income of less than or equal to 133 percent of the federal
 3520  poverty level at the time of application. The department may
 3521  prioritize applications for an award of grant funds based upon
 3522  the severity of a system’s failure, its relative environmental
 3523  impact, the income of the family, or any combination thereof.
 3524  The department shall adopt rules establishing the grant
 3525  application and award process, including an application form.
 3526  The department shall seek to make grants in each fiscal year
 3527  equal to the total amount of grant funds available, with any
 3528  excess funds used for grant awards in subsequent fiscal years.
 3529         Section 42. Subsection (2) of section 381.0066, Florida
 3530  Statutes, is amended to read:
 3531         381.0066 Onsite sewage treatment and disposal systems;
 3532  fees.—
 3533         (2) The minimum fees in the following fee schedule apply
 3534  until changed by rule by the department within the following
 3535  limits:
 3536         (a) Application review, permit issuance, or system
 3537  inspection, including repair of a subsurface, mound, filled, or
 3538  other alternative system or permitting of an abandoned system: a
 3539  fee of not less than $25, or more than $125.
 3540         (b) A 5-year evaluation report submitted pursuant to s.
 3541  381.0065(5): a fee not less than $15, or more than $30. At least
 3542  $1 and no more than $5 collected pursuant to this paragraph
 3543  shall be used to fund a grant program established under s.
 3544  381.00656.
 3545         (c)(b) Site evaluation, site reevaluation, evaluation of a
 3546  system previously in use, or a per annum septage disposal site
 3547  evaluation: a fee of not less than $40, or more than $115.
 3548         (d)(c) Biennial Operating permit for aerobic treatment
 3549  units or performance-based treatment systems: a fee of not more
 3550  than $100.
 3551         (e)(d) Annual operating permit for systems located in areas
 3552  zoned for industrial manufacturing or equivalent uses or where
 3553  the system is expected to receive wastewater which is not
 3554  domestic in nature: a fee of not less than $150, or more than
 3555  $300.
 3556         (f)(e) Innovative technology: a fee not to exceed $25,000.
 3557         (g)(f) Septage disposal service, septage stabilization
 3558  facility, portable or temporary toilet service, tank
 3559  manufacturer inspection: a fee of not less than $25, or more
 3560  than $200, per year.
 3561         (h)(g) Application for variance: a fee of not less than
 3562  $150, or more than $300.
 3563         (i)(h) Annual operating permit for waterless, incinerating,
 3564  or organic waste composting toilets: a fee of not less than $50,
 3565  or more than $150.
 3566         (j)(i) Aerobic treatment unit or performance-based
 3567  treatment system maintenance entity permit: a fee of not less
 3568  than $25, or more than $150, per year.
 3569         (k)(j) Reinspection fee per visit for site inspection after
 3570  system construction approval or for noncompliant system
 3571  installation per site visit: a fee of not less than $25, or more
 3572  than $100.
 3573         (l)(k) Research: An additional $5 fee shall be added to
 3574  each new system construction permit issued to be used to fund
 3575  onsite sewage treatment and disposal system research,
 3576  demonstration, and training projects. Five dollars from any
 3577  repair permit fee collected under this section shall be used for
 3578  funding the hands-on training centers described in s.
 3579  381.0065(3)(j).
 3580         (m)(l) Annual operating permit, including annual inspection
 3581  and any required sampling and laboratory analysis of effluent,
 3582  for an engineer-designed performance-based system: a fee of not
 3583  less than $150, or more than $300.
 3584  
 3585  On or before January 1, 2011, the Surgeon General, after
 3586  consultation with the Revenue Estimating Conference, shall
 3587  determine a revenue neutral fee schedule for services provided
 3588  pursuant to s. 381.0065(5) within the parameters set in
 3589  paragraph (b). Such determination is not subject to the
 3590  provisions of chapter 120. The funds collected pursuant to this
 3591  subsection must be deposited in a trust fund administered by the
 3592  department, to be used for the purposes stated in this section
 3593  and ss. 381.0065 and 381.00655.
 3594         Section 43. Subsection (9) of section 403.086, Florida
 3595  Statutes, is amended, and subsection (10) is added to that
 3596  section, to read:
 3597         403.086 Sewage disposal facilities; advanced and secondary
 3598  waste treatment.—
 3599         (9) The Legislature finds that the discharge of domestic
 3600  wastewater through ocean outfalls wastes valuable water supplies
 3601  that should be reclaimed for beneficial purposes to meet public
 3602  and natural systems demands. The Legislature also finds that
 3603  discharge of domestic wastewater through ocean outfalls
 3604  compromises the coastal environment, quality of life, and local
 3605  economies that depend on those resources. The Legislature
 3606  declares that more stringent treatment and management
 3607  requirements for such domestic wastewater and the subsequent,
 3608  timely elimination of ocean outfalls as a primary means of
 3609  domestic wastewater discharge are in the public interest.
 3610         (a) The construction of new ocean outfalls for domestic
 3611  wastewater discharge and the expansion of existing ocean
 3612  outfalls for this purpose, along with associated pumping and
 3613  piping systems, are prohibited. Each domestic wastewater ocean
 3614  outfall shall be limited to the discharge capacity specified in
 3615  the department permit authorizing the outfall in effect on July
 3616  1, 2008, which discharge capacity shall not be increased.
 3617  Maintenance of existing, department-authorized domestic
 3618  wastewater ocean outfalls and associated pumping and piping
 3619  systems is allowed, subject to the requirements of this section.
 3620  The department is directed to work with the United States
 3621  Environmental Protection Agency to ensure that the requirements
 3622  of this subsection are implemented consistently for all domestic
 3623  wastewater facilities in Florida which discharge through ocean
 3624  outfalls.
 3625         (b) The discharge of domestic wastewater through ocean
 3626  outfalls shall meet advanced wastewater treatment and management
 3627  requirements no later than December 31, 2018. For purposes of
 3628  this subsection, the term “advanced wastewater treatment and
 3629  management requirements” means the advanced waste treatment
 3630  requirements set forth in subsection (4), a reduction in outfall
 3631  baseline loadings of total nitrogen and total phosphorus which
 3632  is equivalent to that which would be achieved by the advanced
 3633  waste treatment requirements in subsection (4), or a reduction
 3634  in cumulative outfall loadings of total nitrogen and total
 3635  phosphorus occurring between December 31, 2008, and December 31,
 3636  2025, which is equivalent to that which would be achieved if the
 3637  advanced waste treatment requirements in subsection (4) were
 3638  fully implemented beginning December 31, 2018, and continued
 3639  through December 31, 2025. The department shall establish the
 3640  average baseline loadings of total nitrogen and total phosphorus
 3641  for each outfall using monitoring data available for calendar
 3642  years 2003 through 2007 and shall establish required loading
 3643  reductions based on this baseline. The baseline loadings and
 3644  required loading reductions of total nitrogen and total
 3645  phosphorus shall be expressed as an average annual daily loading
 3646  value. The advanced wastewater treatment and management
 3647  requirements of this paragraph shall be deemed to be met for any
 3648  domestic wastewater facility discharging through an ocean
 3649  outfall on July 1, 2008, which has installed no later than
 3650  December 31, 2018, a fully operational reuse system comprising
 3651  100 percent of the facility’s annual average daily flow for
 3652  reuse activities authorized by the department.
 3653         (c) Each domestic wastewater facility that discharges
 3654  through an ocean outfall on July 1, 2008, shall install a
 3655  functioning reuse system no later than December 31, 2025. For
 3656  purposes of this subsection, a “functioning reuse system” means
 3657  an environmentally, economically, and technically feasible
 3658  system that provides a minimum of 60 percent of the facility’s
 3659  actual flow on an annual basis for irrigation of public access
 3660  areas, residential properties, or agricultural crops; aquifer
 3661  recharge; groundwater recharge; industrial cooling; or other
 3662  acceptable reuse purposes authorized by the department. For
 3663  purposes of this subsection, the term “facility’s actual flow on
 3664  an annual basis” means the annual average flow of domestic
 3665  wastewater discharging through the facility’s ocean outfall, as
 3666  determined by the department, using monitoring data available
 3667  for calendar years 2003 through 2007. Flows diverted Diversion
 3668  of flows from these facilities to other facilities that provide
 3669  100 percent reuse of the diverted flows prior to December 31,
 3670  2025, shall be considered to contribute to meeting the 60
 3671  percent 60-percent reuse requirement. For utilities operating
 3672  more than one outfall, the reuse requirement can be met if the
 3673  combined actual reuse flows from facilities served by the
 3674  outfalls is at least 60 percent of the sum of the total actual
 3675  flows from the these facilities, including flows diverted to
 3676  other facilities for 100 percent reuse prior to December 31,
 3677  2025. In the event treatment in addition to the advanced
 3678  wastewater treatment and management requirements described in
 3679  paragraph (b) is needed in order to support a functioning reuse
 3680  system, such treatment shall be fully operational no later than
 3681  December 31, 2025.
 3682         (d) The discharge of domestic wastewater through ocean
 3683  outfalls is prohibited after December 31, 2025, except as a
 3684  backup discharge that is part of a functioning reuse system
 3685  authorized by the department as provided for in paragraph (c). A
 3686  backup discharge may occur only during periods of reduced demand
 3687  for reclaimed water in the reuse system, such as periods of wet
 3688  weather, and shall comply with the advanced wastewater treatment
 3689  and management requirements of paragraph (b).
 3690         (e) The holder of a department permit authorizing the
 3691  discharge of domestic wastewater through an ocean outfall as of
 3692  July 1, 2008, shall submit to the secretary of the department
 3693  the following:
 3694         1. A detailed plan to meet the requirements of this
 3695  subsection, including an identification of all land acquisition
 3696  and facilities necessary to provide for reuse of the domestic
 3697  wastewater; an analysis of the costs to meet the requirements;
 3698  and a financing plan for meeting the requirements, including
 3699  identifying any actions necessary to implement the financing
 3700  plan, such as bond issuance or other borrowing, assessments,
 3701  rate increases, fees, other charges, or other financing
 3702  mechanisms. The plan shall include a detailed schedule for the
 3703  completion of all necessary actions and shall be accompanied by
 3704  supporting data and other documentation. The plan shall be
 3705  submitted no later than July 1, 2013.
 3706         2. No later than July 1, 2016, an update of the plan
 3707  required in subparagraph 1. documenting any refinements or
 3708  changes in the costs, actions, or financing necessary to
 3709  eliminate the ocean outfall discharge in accordance with this
 3710  subsection or a written statement that the plan is current and
 3711  accurate.
 3712         (f) By December 31, 2009, and by December 31 every 5 years
 3713  thereafter, the holder of a department permit authorizing the
 3714  discharge of domestic wastewater through an ocean outfall shall
 3715  submit to the secretary of the department a report summarizing
 3716  the actions accomplished to date and the actions remaining and
 3717  proposed to meet the requirements of this subsection, including
 3718  progress toward meeting the specific deadlines set forth in
 3719  paragraphs (b) through (e). The report shall include the
 3720  detailed schedule for and status of the evaluation of reuse and
 3721  disposal options, preparation of preliminary design reports,
 3722  preparation and submittal of permit applications, construction
 3723  initiation, construction progress milestones, construction
 3724  completion, initiation of operation, and continuing operation
 3725  and maintenance.
 3726         (g) No later than July 1, 2010, and by July 1 every 5 years
 3727  thereafter, the department shall submit a report to the
 3728  Governor, the President of the Senate, and the Speaker of the
 3729  House of Representatives on the implementation of this
 3730  subsection. The report shall summarize progress to date,
 3731  including the increased amount of reclaimed water provided and
 3732  potable water offsets achieved, and identify any obstacles to
 3733  continued progress, including all instances of substantial
 3734  noncompliance.
 3735         (h) By February 1, 2012, the department shall submit a
 3736  report to the Governor and Legislature detailing the results and
 3737  recommendations from phases 1 through 3 of its ongoing study on
 3738  reclaimed water use.
 3739         (i)(h) The renewal of each permit that authorizes the
 3740  discharge of domestic wastewater through an ocean outfall as of
 3741  July 1, 2008, shall be accompanied by an order in accordance
 3742  with s. 403.088(2)(e) and (f) which establishes an enforceable
 3743  compliance schedule consistent with the requirements of this
 3744  subsection.
 3745         (j) An entity that diverts wastewater flow from a receiving
 3746  facility that discharges domestic wastewater through an ocean
 3747  outfall must meet the 60 percent reuse requirement of paragraph
 3748  (c). Reuse by the diverting entity of the diverted flows shall
 3749  be credited to the diverting entity. The diverted flow shall
 3750  also be correspondingly deducted from the receiving facility’s
 3751  actual flow on an annual basis from which the required reuse is
 3752  calculated pursuant to paragraph (c), and the receiving
 3753  facility’s reuse requirement shall be recalculated accordingly.
 3754         (10) The Legislature finds that the discharge of
 3755  inadequately treated and managed domestic wastewater from dozens
 3756  of small wastewater facilities and thousands of septic tanks and
 3757  other onsite systems in the Florida Keys compromises the quality
 3758  of the coastal environment, including nearshore and offshore
 3759  waters, and threatens the quality of life and local economies
 3760  that depend on those resources. The Legislature also finds that
 3761  the only practical and cost-effective way to fundamentally
 3762  improve wastewater management in the Florida Keys is for the
 3763  local governments in Monroe County, including those special
 3764  districts established for the purpose of collection,
 3765  transmission, treatment, or disposal of sewage, to timely
 3766  complete the wastewater or sewage treatment and disposal
 3767  facilities initiated under the work program of Administration
 3768  Commission rule 28-20, Florida Administrative Code, and the
 3769  Monroe County Sanitary Master Wastewater Plan, dated June 2000.
 3770  The Legislature therefore declares that the construction and
 3771  operation of comprehensive central wastewater systems in
 3772  accordance with this subsection is in the public interest. To
 3773  give effect to those findings, the requirements of this
 3774  subsection apply to all domestic wastewater facilities in Monroe
 3775  County, including privately owned facilities, unless otherwise
 3776  provided under this subsection.
 3777         (a) The discharge of domestic wastewater into surface
 3778  waters is prohibited.
 3779         (b) Monroe County, each municipality, and those special
 3780  districts established for the purpose of collection,
 3781  transmission, treatment, or disposal of sewage in Monroe County
 3782  shall complete the wastewater collection, treatment, and
 3783  disposal facilities within its jurisdiction designated as hot
 3784  spots in the Monroe County Sanitary Master Wastewater Plan,
 3785  dated June 2000, specifically listed in Exhibits 6-1 through 6-3
 3786  of Chapter 6 of the plan and mapped in Exhibit F-1 of Appendix F
 3787  of the plan. The required facilities and connections, and any
 3788  additional facilities or other adjustments required by rules
 3789  adopted by the Administration Commission under s. 380.0552, must
 3790  be completed by December 31, 2015, pursuant to specific
 3791  schedules established by the commission. Domestic wastewater
 3792  facilities located outside local government and special district
 3793  service areas must meet the treatment and disposal requirements
 3794  of this subsection by December 31, 2015.
 3795         (c) After December 31, 2015, all new or expanded domestic
 3796  wastewater discharges must comply with the treatment and
 3797  disposal requirements of this subsection and department rules.
 3798         (d) Wastewater treatment facilities having design
 3799  capacities:
 3800         1. Greater than or equal to 100,000 gallons per day must
 3801  provide basic disinfection as defined by department rule and the
 3802  level of treatment which, on a permitted annual average basis,
 3803  produces an effluent that contains no more than the following
 3804  concentrations:
 3805         a. Biochemical Oxygen Demand (CBOD5) of 5 mg/l.
 3806         b. Suspended Solids of 5 mg/l.
 3807         c. Total Nitrogen, expressed as N, of 3 mg/l.
 3808         d. Total Phosphorus, expressed as P, of 1 mg/l.
 3809         2. Less than 100,000 gallons per day must provide basic
 3810  disinfection as defined by department rule and the level of
 3811  treatment which, on a permitted annual average basis, produces
 3812  an effluent that contains no more than the following
 3813  concentrations:
 3814         a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
 3815         b. Suspended Solids of 10 mg/l.
 3816         c. Total Nitrogen, expressed as N, of 10 mg/l.
 3817         d. Total Phosphorus, expressed as P, of 1 mg/l.
 3818         (e) Class V injection wells, as defined by department or
 3819  Department of Health rule, must meet the following requirements
 3820  and otherwise comply with department or Department of Health
 3821  rules, as applicable:
 3822         1. If the design capacity of the facility is less than 1
 3823  million gallons per day, the injection well must be at least 90
 3824  feet deep and cased to a minimum depth of 60 feet or to such
 3825  greater cased depth and total well depth as may be required by
 3826  department rule.
 3827         2. Except as provided in subparagraph 3. for backup wells,
 3828  if the design capacity of the facility is equal to or greater
 3829  than 1 million gallons per day, each primary injection well must
 3830  be cased to a minimum depth of 2,000 feet or to such greater
 3831  depth as may be required by department rule.
 3832         3. If an injection well is used as a backup to a primary
 3833  injection well, the following conditions apply:
 3834         a. The backup well may be used only when the primary
 3835  injection well is out of service because of equipment failure,
 3836  power failure, or the need for mechanical integrity testing or
 3837  repair;
 3838         b. The backup well may not be used for more than a total of
 3839  500 hours during any 5-year period unless specifically
 3840  authorized in writing by the department;
 3841         c. The backup well must be at least 90 feet deep and cased
 3842  to a minimum depth of 60 feet, or to such greater cased depth
 3843  and total well depth as may be required by department rule; and
 3844         d. Fluid injected into the backup well must meet the
 3845  requirements of paragraph (d).
 3846         (f) The requirements of paragraphs (d) and (e) do not apply
 3847  to:
 3848         1. Class I injection wells as defined by department rule,
 3849  including any authorized mechanical integrity tests;
 3850         2. Authorized mechanical integrity tests associated with
 3851  Class V wells as defined by department rule; or
 3852         3. The following types of reuse systems authorized by
 3853  department rule:
 3854         a. Slow-rate land application systems;
 3855         b. Industrial uses of reclaimed water; and
 3856         c. Use of reclaimed water for toilet flushing, fire
 3857  protection, vehicle washing, construction dust control, and
 3858  decorative water features.
 3859  
 3860  However, disposal systems serving as backups to reuse systems
 3861  must comply with the other provisions of this subsection.
 3862         (g) For wastewater treatment facilities in operation as of
 3863  July 1, 2010, which are located within areas to be served by
 3864  Monroe County, municipalities in Monroe County, or those special
 3865  districts established for the purpose of collection,
 3866  transmission, treatment, or disposal of sewage but which are
 3867  owned by other entities, the requirements of paragraphs (d) and
 3868  (e) do not apply until January 1, 2016. Wastewater operating
 3869  permits issued pursuant to this chapter and in effect for these
 3870  facilities as of June 30, 2010, are extended until December 31,
 3871  2015, or until the facility is connected to a local government
 3872  central wastewater system, whichever occurs first. Wastewater
 3873  treatment facilities in operation after December 31, 2015, must
 3874  comply with the treatment and disposal requirements of this
 3875  subsection and department rules.
 3876         (h) If it is demonstrated that a discharge, even if the
 3877  discharge is otherwise in compliance with this subsection, will
 3878  cause or contribute to a violation of state water quality
 3879  standards, the department shall:
 3880         1. Require more stringent effluent limitations;
 3881         2. Order the point or method of discharge changed;
 3882         3. Limit the duration or volume of the discharge; or
 3883         4. Prohibit the discharge.
 3884         (i) All sewage treatment facilities must monitor effluent
 3885  for total nitrogen and total phosphorus concentration as
 3886  required by department rule.
 3887         (j) The department shall require the levels of operator
 3888  certification and staffing necessary to ensure proper operation
 3889  and maintenance of sewage facilities.
 3890         (k) The department may adopt rules necessary to carry out
 3891  this subsection.
 3892         (l) The county, each municipality, and those special
 3893  districts established for the purpose of collection,
 3894  transmission, treatment, or disposal of sewage may require
 3895  connecting wastewater treatment facilities owned by other
 3896  entities to a central sewer system within 30 days after notice
 3897  of availability of service.
 3898         Section 44. Section 4 of chapter 99-395, Laws of Florida,
 3899  as amended by section 6 of chapter 2006-223, Laws of Florida;
 3900  section 5 of chapter 99-395, Laws of Florida; and section 6 of
 3901  chapter 99-395, Laws of Florida, as amended by section 1 of
 3902  chapter 2001-337, and section 1 of chapter 2004-455, Laws of
 3903  Florida, are repealed.
 3904         Section 45. Subsection (2) of section 403.1835, Florida
 3905  Statutes, is reordered and amended, and subsections (3) and (10)
 3906  of that section are amended, to read:
 3907         403.1835 Water pollution control financial assistance.—
 3908         (2) As used in For the purposes of this section and s.
 3909  403.1837, the term:
 3910         (c)(a) “Local governmental agencies” refers to any
 3911  municipality, county, district, or authority, or any agency
 3912  thereof, or a combination of two or more of the foregoing,
 3913  acting jointly in connection with a project having jurisdiction
 3914  over collection, transmission, treatment, or disposal of sewage,
 3915  industrial wastes, stormwater, or other wastes and includes a
 3916  district or authority whose the principal responsibility of
 3917  which is to provide airport, industrial or research park, or
 3918  port facilities to the public.
 3919         (a)(b) “Bonds” means bonds, certificates, or other
 3920  obligations of indebtedness issued by the Florida Water
 3921  Pollution Control Financing corporation under this section and
 3922  s. 403.1837.
 3923         (b)(c) “Corporation” means the Florida Water Pollution
 3924  Control Financing Corporation created under s. 403.1837.
 3925         (3) The department may provide financial assistance through
 3926  any program authorized under 33 U.S.C. s. 1383 s.603 of the
 3927  Federal Water Pollution Control Act (Clean Water Act), Pub. L.
 3928  No. 92-500, as amended, including, but not limited to, making
 3929  grants and loans, providing loan guarantees, purchasing loan
 3930  insurance or other credit enhancements, and buying or
 3931  refinancing local debt. This financial assistance must be
 3932  administered in accordance with this section and applicable
 3933  federal authorities. The department shall administer all
 3934  programs operated from funds secured through the activities of
 3935  the Florida Water Pollution Control Financing corporation under
 3936  s. 403.1837, to fulfill the purposes of this section.
 3937         (a) The department may make or request the corporation to
 3938  make loans to local government agencies, which agencies may
 3939  pledge any revenue available to them to repay any funds
 3940  borrowed.
 3941         (b) The department may make or request the corporation to
 3942  make loans, grants, and deposits to other entities eligible to
 3943  participate in the financial assistance programs authorized
 3944  under the Federal Water Pollution Control Act, or as a result of
 3945  other federal action, which entities may pledge any revenue
 3946  available to them to repay any funds borrowed. Notwithstanding
 3947  s. 17.57, the department may make deposits to financial
 3948  institutions that which earn less than the prevailing rate for
 3949  United States Treasury securities that have with corresponding
 3950  maturities for the purpose of enabling such financial
 3951  institutions to make below-market interest rate loans to
 3952  entities qualified to receive loans under this section and the
 3953  rules of the department.
 3954         (c) The department shall administer financial assistance so
 3955  that at least 15 percent of the funding made available each year
 3956  under this section is reserved for use by small communities
 3957  during the year it is reserved.
 3958         (d) The department may make grants to financially
 3959  disadvantaged small communities, as defined in s. 403.1838,
 3960  using funds made available from grant allocations on loans
 3961  authorized under subsection (4). The grants must be administered
 3962  in accordance with s. 403.1838.
 3963         (10) The department may adopt rules regarding program
 3964  administration; project eligibilities and priorities, including
 3965  the development and management of project priority lists;
 3966  financial assistance application requirements associated with
 3967  planning, design, construction, and implementation activities,
 3968  including environmental and engineering requirements; financial
 3969  assistance agreement conditions; disbursement and repayment
 3970  provisions; auditing provisions; program exceptions; the
 3971  procedural and contractual relationship between the department
 3972  and the Florida Water Pollution Control Financing corporation
 3973  under s. 403.1837; and other provisions consistent with the
 3974  purposes of this section.
 3975         Section 46. Section 403.1837, Florida Statutes, is amended
 3976  to read:
 3977         403.1837 Florida Water Pollution Control Financing
 3978  Corporation.—
 3979         (1) The Florida Water Pollution Control Financing
 3980  Corporation is created as a nonprofit public-benefit corporation
 3981  for the purpose of financing or refinancing the costs of water
 3982  pollution control projects and activities described in ss. s.
 3983  403.1835 and 403.8532. The projects and activities described in
 3984  those sections that section are found to constitute a public
 3985  governmental purpose; are be necessary for the health, safety,
 3986  and welfare of all residents; and include legislatively approved
 3987  fixed capital outlay projects. Fulfilling The fulfillment of the
 3988  purposes of the corporation promotes the health, safety, and
 3989  welfare of the people of the state and serves essential
 3990  governmental functions and a paramount public purpose. The
 3991  activities of the corporation are specifically limited to
 3992  assisting the department in implementing financing activities to
 3993  provide funding for the programs authorized in ss. s. 403.1835
 3994  and 403.8532. All other activities relating to the purposes for
 3995  which the corporation raises funds are the responsibility of the
 3996  department, including, but not limited to, development of
 3997  program criteria, review of applications for financial
 3998  assistance, decisions relating to the number and amount of loans
 3999  or other financial assistance to be provided, and enforcement of
 4000  the terms of any financial assistance agreements provided
 4001  through funds raised by the corporation. The corporation shall
 4002  terminate upon fulfilling fulfillment of the purposes of this
 4003  section.
 4004         (2) The corporation shall be governed by a board of
 4005  directors consisting of the Governor’s Budget Director or the
 4006  budget director’s designee, the Chief Financial Officer or the
 4007  Chief Financial Officer’s designee, and the Secretary of
 4008  Environmental Protection or the secretary’s designee. The
 4009  executive director of the State Board of Administration shall be
 4010  the chief executive officer of the corporation; shall direct and
 4011  supervise the administrative affairs of the corporation; and
 4012  shall control, direct, and supervise operation of the
 4013  corporation. The corporation shall have such other officers as
 4014  may be determined by the board of directors.
 4015         (3) The corporation shall have all the powers of a
 4016  corporate body under the laws of the state, consistent to the
 4017  extent not inconsistent with or restricted by this section,
 4018  including, but not limited to, the power to:
 4019         (a) Adopt, amend, and repeal bylaws consistent not
 4020  inconsistent with this section.
 4021         (b) Sue and be sued.
 4022         (c) Adopt and use a common seal.
 4023         (d) Acquire, purchase, hold, lease, and convey any real and
 4024  personal property as may be proper or expedient to carry out the
 4025  purposes of the corporation and this section, and to sell,
 4026  lease, or otherwise dispose of that property.
 4027         (e) Elect or appoint and employ such officers, agents, and
 4028  employees as the corporation considers advisable to operate and
 4029  manage the affairs of the corporation, who which officers,
 4030  agents, and employees may be officers or employees of the
 4031  department and the state agencies represented on the board of
 4032  directors of the corporation.
 4033         (f) Borrow money and issue notes, bonds, certificates of
 4034  indebtedness, or other obligations or evidences of indebtedness
 4035  described in s. 403.1835 or s. 403.8532.
 4036         (g) Operate, as specifically directed by the department,
 4037  any program to provide financial assistance authorized under s.
 4038  403.1835(3) or s. 403.8532(3), which may be funded from any
 4039  funds received under a service contract with the department,
 4040  from the proceeds of bonds issued by the corporation, or from
 4041  any other funding sources obtained by the corporation.
 4042         (h) Sell all or any portion of the loans issued under s.
 4043  403.1835 or s. 403.8532 to accomplish the purposes of those
 4044  sections this section and s. 403.1835.
 4045         (i) Make and execute any contracts, trust agreements, and
 4046  other instruments and agreements necessary or convenient to
 4047  accomplish the purposes of the corporation and this section.
 4048         (j) Select, retain, and employ professionals, contractors,
 4049  or agents, which may include the Division of Bond Finance of the
 4050  State Board of Administration, as are necessary or convenient to
 4051  enable or assist the corporation in carrying out its purposes
 4052  and this section.
 4053         (k) Do any act or thing necessary or convenient to carry
 4054  out the purposes of the corporation and this section.
 4055         (4) The corporation shall evaluate all financial and market
 4056  conditions necessary and prudent for the purpose of making
 4057  sound, financially responsible, and cost-effective decisions in
 4058  order to secure additional funds to fulfill the purposes of this
 4059  section and ss. s. 403.1835 and 403.8532.
 4060         (5) The corporation may enter into one or more service
 4061  contracts with the department under which the corporation shall
 4062  provide services to the department in connection with financing
 4063  the functions, projects, and activities provided for in ss. s.
 4064  403.1835 and 403.8532. The department may enter into one or more
 4065  service contracts with the corporation and provide for payments
 4066  under those contracts pursuant to s. 403.1835(9) or s. 403.8533,
 4067  subject to annual appropriation by the Legislature.
 4068         (a) The service contracts may provide for the transfer of
 4069  all or a portion of the funds in the Wastewater Treatment and
 4070  Stormwater Management Revolving Loan Trust Fund and the Drinking
 4071  Water Revolving Loan Trust Fund to the corporation for use by
 4072  the corporation for costs incurred by the corporation in its
 4073  operations, including, but not limited to, payment of debt
 4074  service, reserves, or other costs in relation to bonds issued by
 4075  the corporation, for use by the corporation at the request of
 4076  the department to directly provide the types of local financial
 4077  assistance provided for in ss. s. 403.1835(3) and 403.8532(3),
 4078  or for payment of the administrative costs of the corporation.
 4079         (b) The department may not transfer funds under any service
 4080  contract with the corporation without a specific appropriation
 4081  for such purpose in the General Appropriations Act, except for
 4082  administrative expenses incurred by the State Board of
 4083  Administration or other expenses necessary under documents
 4084  authorizing or securing previously issued bonds of the
 4085  corporation. The service contracts may also provide for the
 4086  assignment or transfer to the corporation of any loans made by
 4087  the department.
 4088         (c) The service contracts may establish the operating
 4089  relationship between the department and the corporation and must
 4090  shall require the department to request the corporation to issue
 4091  bonds before any issuance of bonds by the corporation, to take
 4092  any actions necessary to enforce the agreements entered into
 4093  between the corporation and other parties, and to take all other
 4094  actions necessary to assist the corporation in its operations.
 4095         (d) In compliance with s. 287.0641 and other applicable
 4096  provisions of law, the obligations of the department under the
 4097  service contracts do not constitute a general obligation of the
 4098  state or a pledge of the faith and credit or taxing power of the
 4099  state, nor may the obligations be construed in any manner as an
 4100  obligation of the State Board of Administration or entities for
 4101  which it invests funds, or of the department except as provided
 4102  in this section as payable solely from amounts available under
 4103  any service contract between the corporation and the department,
 4104  subject to appropriation.
 4105         (e) In compliance with this subsection and s. 287.0582,
 4106  service contracts must expressly include the following
 4107  statement: “The State of Florida’s performance and obligation to
 4108  pay under this contract is contingent upon an annual
 4109  appropriation by the Legislature.”
 4110         (6) The corporation may issue and incur notes, bonds,
 4111  certificates of indebtedness, or other obligations or evidences
 4112  of indebtedness payable from and secured by amounts received
 4113  from payment of loans and other moneys received by the
 4114  corporation, including, but not limited to, amounts payable to
 4115  the corporation by the department under a service contract
 4116  entered into under subsection (5). The proceeds of the bonds may
 4117  be used for the purpose of providing funds for projects and
 4118  activities provided for in subsection (1) or for refunding bonds
 4119  previously issued by the corporation. The corporation may select
 4120  a financing team and issue obligations through competitive
 4121  bidding or negotiated contracts, whichever is most cost
 4122  effective. Any Such indebtedness of the corporation does not
 4123  constitute a debt or obligation of the state or a pledge of the
 4124  faith and credit or taxing power of the state.
 4125         (7) The corporation is exempt from taxation and assessments
 4126  of any nature whatsoever upon its income and any property,
 4127  assets, or revenues acquired, received, or used in the
 4128  furtherance of the purposes provided in ss. 403.1835, and
 4129  403.1838, and 403.8532. The obligations of the corporation
 4130  incurred under subsection (6) and the interest and income on the
 4131  obligations and all security agreements, letters of credit,
 4132  liquidity facilities, or other obligations or instruments
 4133  arising out of, entered into in connection with, or given to
 4134  secure payment of the obligations are exempt from all taxation;
 4135  however, the exemption does not apply to any tax imposed by
 4136  chapter 220 on the interest, income, or profits on debt
 4137  obligations owned by corporations.
 4138         (8) The corporation shall validate any bonds issued under
 4139  this section, except refunding bonds, which may be validated at
 4140  the option of the corporation, by proceedings under chapter 75.
 4141  The validation complaint must be filed only in the Circuit Court
 4142  for Leon County. The notice required under s. 75.06 must be
 4143  published in Leon County, and the complaint and order of the
 4144  circuit court shall be served only on the State Attorney for the
 4145  Second Judicial Circuit. Sections 75.04(2) and 75.06(2) do not
 4146  apply to a validation complaint filed as authorized in this
 4147  subsection. The validation of the first bonds issued under this
 4148  section may be appealed to the Supreme Court, and the appeal
 4149  shall be handled on an expedited basis.
 4150         (9) The corporation and the department may shall not take
 4151  any action that will materially and adversely affects affect the
 4152  rights of holders of any obligations issued under this section
 4153  as long as the obligations are outstanding.
 4154         (10) The corporation is not a special district for purposes
 4155  of chapter 189 or a unit of local government for purposes of
 4156  part III of chapter 218. The provisions of chapters 120 and 215,
 4157  except the limitation on interest rates provided by s. 215.84,
 4158  which applies to obligations of the corporation issued under
 4159  this section, and part I of chapter 287, except ss. 287.0582 and
 4160  287.0641, do not apply to this section, the corporation created
 4161  in this section, the service contracts entered into under this
 4162  section, or debt obligations issued by the corporation as
 4163  provided in this section.
 4164         (11) The benefits or earnings of the corporation may not
 4165  inure to the benefit of any private person, except persons
 4166  receiving grants and loans under s. 403.1835 or s. 403.8532.
 4167         (12) Upon dissolution of the corporation, title to all
 4168  property owned by the corporation reverts to the department.
 4169         (13) The corporation may contract with the State Board of
 4170  Administration to serve as trustee with respect to debt
 4171  obligations issued by the corporation as provided by this
 4172  section; to hold, administer, and invest proceeds of those debt
 4173  obligations and other funds of the corporation; and to perform
 4174  other services required by the corporation. The State Board of
 4175  Administration may perform these services and may contract with
 4176  others to provide all or a part of those services and to recover
 4177  the costs and expenses of providing those services.
 4178         Section 47. Subsections (2), (3), (9), and (14) of section
 4179  403.8532, Florida Statutes, are amended to read:
 4180         403.8532 Drinking water state revolving loan fund; use;
 4181  rules.—
 4182         (2) For purposes of this section, the term:
 4183         (a) “Bonds” means bonds, certificates, or other obligations
 4184  of indebtedness issued by the corporation under this section and
 4185  s. 403.1837.
 4186         (b) “Corporation” means the Florida Water Pollution Control
 4187  Financing Corporation created pursuant to s. 403.1837.
 4188         (c)(a) “Financially disadvantaged community” means the
 4189  service area of a project to be served by a public water system
 4190  that meets criteria established by department rule and in
 4191  accordance with federal guidance.
 4192         (d)(b) “Local governmental agency” means any municipality,
 4193  county, district, or authority, or any agency thereof, or a
 4194  combination of two or more of the foregoing acting jointly in
 4195  connection with a project, having jurisdiction over a public
 4196  water system.
 4197         (e)(c) “Public water system” means all facilities,
 4198  including land, necessary for the treatment and distribution of
 4199  water for human consumption and includes public water systems as
 4200  defined in s. 403.852 and as otherwise defined in the federal
 4201  Safe Drinking Water Act, as amended. Such systems may be
 4202  publicly owned, privately owned, investor-owned, or
 4203  cooperatively held.
 4204         (f)(d) “Small public water system” means a public water
 4205  system that which regularly serves fewer than 10,000 people.
 4206         (3) The department may is authorized to make, or request
 4207  that the corporation make, loans, grants, and deposits to
 4208  community water systems, nonprofit transient noncommunity water
 4209  systems, and nonprofit nontransient noncommunity water systems
 4210  to assist them in planning, designing, and constructing public
 4211  water systems, unless such public water systems are for-profit
 4212  privately owned or investor-owned systems that regularly serve
 4213  1,500 service connections or more within a single certified or
 4214  franchised area. However, a for-profit privately owned or
 4215  investor-owned public water system that regularly serves 1,500
 4216  service connections or more within a single certified or
 4217  franchised area may qualify for a loan only if the proposed
 4218  project will result in the consolidation of two or more public
 4219  water systems. The department may is authorized to provide loan
 4220  guarantees, to purchase loan insurance, and to refinance local
 4221  debt through the issue of new loans for projects approved by the
 4222  department. Public water systems may are authorized to borrow
 4223  funds made available pursuant to this section and may pledge any
 4224  revenues or other adequate security available to them to repay
 4225  any funds borrowed.
 4226         (a) The department shall administer loans so that amounts
 4227  credited to the Drinking Water Revolving Loan Trust Fund in any
 4228  fiscal year are reserved for the following purposes:
 4229         1.(a) At least 15 percent for to qualifying small public
 4230  water systems.
 4231         2.(b) Up to 15 percent for to qualifying financially
 4232  disadvantaged communities.
 4233         (b)(c)However, If an insufficient number of the projects
 4234  for which funds are reserved under this subsection paragraph
 4235  have been submitted to the department at the time the funding
 4236  priority list authorized under this section is adopted, the
 4237  reservation of these funds shall no longer applies apply. The
 4238  department may award the unreserved funds as otherwise provided
 4239  in this section.
 4240         (9) The department may adopt rules regarding the procedural
 4241  and contractual relationship between the department and the
 4242  corporation under s. 403.1837 and is authorized to make rules
 4243  necessary to carry out the purposes of this section and the
 4244  federal Safe Drinking Water Act, as amended. Such rules shall:
 4245         (a) Set forth a priority system for loans based on public
 4246  health considerations, compliance with state and federal
 4247  requirements relating to public drinking water systems, and
 4248  affordability. The priority system shall give special
 4249  consideration to the following:
 4250         1. Projects that provide for the development of alternative
 4251  drinking water supply projects and management techniques in
 4252  areas where existing source waters are limited or threatened by
 4253  saltwater intrusion, excessive drawdowns, contamination, or
 4254  other problems;
 4255         2. Projects that provide for a dependable, sustainable
 4256  supply of drinking water and that are not otherwise financially
 4257  feasible; and
 4258         3. Projects that contribute to the sustainability of
 4259  regional water sources.
 4260         (b) Establish the requirements for the award and repayment
 4261  of financial assistance.
 4262         (c) Require evidence of credit worthiness and adequate
 4263  security, including an identification of revenues to be pledged,
 4264  and documentation of their sufficiency for loan repayment and
 4265  pledged revenue coverage, to ensure that each loan recipient can
 4266  meet its loan repayment requirements.
 4267         (d) Require each project receiving financial assistance to
 4268  be cost-effective, environmentally sound, implementable, and
 4269  self-supporting.
 4270         (e) Implement other provisions of the federal Safe Drinking
 4271  Water Act, as amended.
 4272         (14) All moneys available for financial assistance under
 4273  this section shall be deposited in The Drinking Water Revolving
 4274  Loan Trust Fund established under s. 403.8533 shall be used
 4275  exclusively to carry out the purposes of this section. Any funds
 4276  that therein which are not needed on an immediate basis for
 4277  financial assistance shall be invested pursuant to s. 215.49.
 4278  State revolving fund capitalization grants awarded by the
 4279  Federal Government, state matching funds, and investment
 4280  earnings thereon shall be deposited into the fund. The principal
 4281  and interest of all loans repaid and investment earnings thereon
 4282  shall be deposited into the fund.
 4283         Section 48. Section 403.8533, Florida Statutes, is amended
 4284  to read:
 4285         403.8533 Drinking Water Revolving Loan Trust Fund.—
 4286         (1) There is created the Drinking Water Revolving Loan
 4287  Trust Fund to be administered by the Department of Environmental
 4288  Protection for the purposes of:
 4289         (a) Funding for low-interest loans for planning,
 4290  engineering design, and construction of public drinking water
 4291  systems and improvements to such systems;
 4292         (b) Funding for compliance activities, operator
 4293  certification programs, and source water protection programs;
 4294  and
 4295         (c) Funding for administering loans by the department; and.
 4296         (d) Paying amounts payable under any service contract
 4297  entered into by the department under s. 403.1837, subject to
 4298  annual appropriation by the Legislature.
 4299         (2) The trust fund shall be used for the deposit of all
 4300  moneys awarded by the Federal Government to fund revolving loan
 4301  programs. All moneys in the fund that are not needed on an
 4302  immediate basis for loans shall be invested pursuant to s.
 4303  215.49. The principal and interest of all loans repaid and
 4304  investment earnings shall be deposited into this fund.
 4305         (3) Pursuant to s. 19(f)(3), Art. III of the State
 4306  Constitution, the Drinking Water Revolving Loan Trust Fund is
 4307  exempt from the termination provisions of s. 19(f)(2), Art. III
 4308  of the State Constitution.
 4309         Section 49. Subsection (6) of section 369.317, Florida
 4310  Statutes, is amended to read:
 4311         369.317 Wekiva Parkway.—
 4312         (6) The Orlando-Orange County Expressway Authority is
 4313  hereby granted the authority to act as a third-party acquisition
 4314  agent, pursuant to s. 259.041 on behalf of the Board of Trustees
 4315  or chapter 373 on behalf of the governing board of the St. Johns
 4316  River Water Management District, for the acquisition of all
 4317  necessary lands, property and all interests in property
 4318  identified herein, including fee simple or less-than-fee simple
 4319  interests. The lands subject to this authority are identified in
 4320  paragraph 10.a., State of Florida, Office of the Governor,
 4321  Executive Order 03-112 of July 1, 2003, and in Recommendation 16
 4322  of the Wekiva Basin Area Task Force created by Executive Order
 4323  2002-259, such lands otherwise known as Neighborhood Lakes, a
 4324  1,587+/- acre parcel located in Orange and Lake Counties within
 4325  Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
 4326  and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
 4327  Seminole Woods/Swamp, a 5,353+/- acre parcel located in Lake
 4328  County within Section 37, Township 19 South, Range 28 East; New
 4329  Garden Coal; a 1,605+/- acre parcel in Lake County within
 4330  Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
 4331  East; Pine Plantation, a 617+/- acre tract consisting of eight
 4332  individual parcels within the Apopka City limits. The Department
 4333  of Transportation, the Department of Environmental Protection,
 4334  the St. Johns River Water Management District, and other land
 4335  acquisition entities shall participate and cooperate in
 4336  providing information and support to the third-party acquisition
 4337  agent. The land acquisition process authorized by this paragraph
 4338  shall begin no later than December 31, 2004. Acquisition of the
 4339  properties identified as Neighborhood Lakes, Pine Plantation,
 4340  and New Garden Coal, or approval as a mitigation bank shall be
 4341  concluded no later than December 31, 2010. Department of
 4342  Transportation and Orlando-Orange County Expressway Authority
 4343  funds expended to purchase an interest in those lands identified
 4344  in this subsection shall be eligible as environmental mitigation
 4345  for road construction related impacts in the Wekiva Study Area.
 4346  If any of the lands identified in this subsection are used as
 4347  environmental mitigation for road construction related impacts
 4348  incurred by the Department of Transportation or Orlando-Orange
 4349  County Expressway Authority, or for other impacts incurred by
 4350  other entities, within the Wekiva Study Area or within the
 4351  Wekiva parkway alignment corridor, and if the mitigation offsets
 4352  these impacts, the St. Johns River Water Management District and
 4353  the Department of Environmental Protection shall consider the
 4354  activity regulated under part IV of chapter 373 to meet the
 4355  cumulative impact requirements of s. 373.414(8)(a).
 4356         Section 50. Section 373.631, Florida Statutes, is created
 4357  to read:
 4358         373.631 Water advisory entities.—It is the intent of the
 4359  Legislature to utilize academic entities within universities in
 4360  the State University System as advisory bodies to provide
 4361  recommendations based on the best scientific data available to
 4362  the Legislature to guide water policy in the state. In
 4363  consideration of preference given to such universities in s.
 4364  373.63, the University of Florida Water Institute shall be the
 4365  lead entity and, in consultation with other entities within the
 4366  State University System, shall submit a report detailing
 4367  recommendations to the Legislature by February 1, 2011, and by
 4368  February 1 every 2 years thereafter.
 4369         Section 51. Paragraph (m) is added to subsection (1) of
 4370  section 553.77, Florida Statutes, to read:
 4371         553.77 Specific powers of the commission.—
 4372         (1) The commission shall:
 4373         (m) Develop recommendations that result in conservation of
 4374  Florida’s water resources. The commission must consider products
 4375  that exceed National Energy Policy Act requirements for water
 4376  use and may consider products certified by the Environmental
 4377  Protection Agency’s WaterSense program, the Department of
 4378  Energy’s Energy Star program, or other certification programs.
 4379         Section 52. Subsection (20) is added to section 215.47,
 4380  Florida Statutes, to read:
 4381         215.47 Investments; authorized securities; loan of
 4382  securities.—Subject to the limitations and conditions of the
 4383  State Constitution or of the trust agreement relating to a trust
 4384  fund, moneys available for investments under ss. 215.44-215.53
 4385  may be invested as follows:
 4386         (20) The State Board of Administration, consistent with its
 4387  fiduciary duties, may invest net assets of the system trust fund
 4388  in projects deemed eligible under the provisions of s. 373.707.
 4389         Section 53. Subsection (8) is added to section 373.129,
 4390  Florida Statutes, to read:
 4391         373.129 Maintenance of actions.—The department, the
 4392  governing board of any water management district, any local
 4393  board, or a local government to which authority has been
 4394  delegated pursuant to s. 373.103(8), is authorized to commence
 4395  and maintain proper and necessary actions and proceedings in any
 4396  court of competent jurisdiction for any of the following
 4397  purposes:
 4398         (8)In conflicts arising where a water management district
 4399  is a party to litigation against another governmental entity, as
 4400  defined in s. 164.1031, a district has an affirmative duty to
 4401  engage in alternative dispute resolution in good faith as
 4402  required by chapter 164.
 4403         Section 54. Paragraph (b) of subsection (9) of section
 4404  403.707, Florida Statutes, is amended to read:
 4405         403.707 Permits.—
 4406         (9) The department shall establish a separate category for
 4407  solid waste management facilities that accept only construction
 4408  and demolition debris for disposal or recycling. The department
 4409  shall establish a reasonable schedule for existing facilities to
 4410  comply with this section to avoid undue hardship to such
 4411  facilities. However, a permitted solid waste disposal unit that
 4412  receives a significant amount of waste prior to the compliance
 4413  deadline established in this schedule shall not be required to
 4414  be retrofitted with liners or leachate control systems.
 4415         (b) The department shall not require liners and leachate
 4416  collection systems at individual disposal units and lateral
 4417  expansions of existing disposal units that have not received a
 4418  department permit authorizing construction or operation prior to
 4419  July 1, 2010. facilities unless it demonstrates, based upon the
 4420  types of waste received, the methods for controlling types of
 4421  waste disposed of, the proximity of groundwater and surface
 4422  water, and the results of the hydrogeological and geotechnical
 4423  investigations, that the facility is reasonably expected to
 4424  result in violations of groundwater standards and criteria
 4425  otherwise.
 4426         Section 55. Section 298.66, Florida Statutes, is amended to
 4427  read:
 4428         298.66 Obstruction of public drainage canals, etc.,
 4429  prohibited; damages; penalties.—
 4430         (1) A No person may not willfully, or otherwise, obstruct
 4431  any public canal, drain, ditch or watercourse or damage or
 4432  destroy any public drainage works constructed in or maintained
 4433  by any district.
 4434         (2)(1) Any person who shall willfully obstructs obstruct
 4435  any public canal, drain, ditch, or watercourse or damages or
 4436  destroys shall damage or destroy any public drainage works
 4437  constructed in or maintained by any district, shall be liable to
 4438  any person injured thereby for the full amount of the injury
 4439  occasioned to any land or crops or other property by reason of
 4440  such misconduct, and shall be liable to the district
 4441  constructing the drainage said work for double the cost of
 4442  removing such obstruction or repairing such damage.
 4443         (3)(2)Any person who Whoever shall willfully, or
 4444  otherwise, obstructs obstruct any public canal, drain, ditch, or
 4445  watercourse, impedes or obstructs or impede or obstruct the flow
 4446  of water therein, or damages or destroys shall damage or destroy
 4447  any public drainage works constructed in or maintained by any
 4448  district commits shall be guilty of a felony of the third
 4449  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 4450  775.084.
 4451         Section 56. Subsection (9) is added to section 212.055,
 4452  Florida Statutes, to read:
 4453         212.055 Discretionary sales surtaxes; legislative intent;
 4454  authorization and use of proceeds.—It is the legislative intent
 4455  that any authorization for imposition of a discretionary sales
 4456  surtax shall be published in the Florida Statutes as a
 4457  subsection of this section, irrespective of the duration of the
 4458  levy. Each enactment shall specify the types of counties
 4459  authorized to levy; the rate or rates which may be imposed; the
 4460  maximum length of time the surtax may be imposed, if any; the
 4461  procedure which must be followed to secure voter approval, if
 4462  required; the purpose for which the proceeds may be expended;
 4463  and such other requirements as the Legislature may provide.
 4464  Taxable transactions and administrative procedures shall be as
 4465  provided in s. 212.054.
 4466         (9)AREA OF CRITICAL STATE CONCERN WASTEWATER AND
 4467  STORMWATER SURTAX.—
 4468         (a) A county designated as an area of critical state
 4469  concern may levy a discretionary sales surtax of 1 percent
 4470  pursuant to an ordinance that is enacted by a majority of the
 4471  members of the county governing authority and is conditioned to
 4472  take effect only upon approval by a majority vote of the
 4473  electors of the county voting in a referendum.
 4474         (b) The referendum to be placed on the ballot must include
 4475  a statement that provides a brief and general description of the
 4476  purposes for which the proceeds of the surtax may be used. The
 4477  statement must conform to the requirement of s. 101.161 and
 4478  shall be placed on the ballot by the governing body of the
 4479  county. The following question shall be placed on the ballot:
 4480         FOR the one-cent sales tax
 4481         AGAINST the one-cent sales tax
 4482         (c) Pursuant to s. 212.054(4), the proceeds of the surtax
 4483  levied under this subsection shall be distributed to the county
 4484  and the municipalities within such county in which the surtax
 4485  was collected, according to:
 4486         1. An interlocal agreement between the county governing
 4487  authority and the governing bodies of the municipalities
 4488  representing a majority of the county’s municipal population,
 4489  which agreement may include a school district with the consent
 4490  of the county governing authority and the governing bodies of
 4491  the municipalities representing a majority of the county’s
 4492  municipal population; or
 4493         2. If there is no interlocal agreement, according to the
 4494  formula provided in s. 218.62, any change in the distribution
 4495  formula must take effect on the first day of any month that
 4496  begins at least 60 days after written notification of that
 4497  change has been made to the department.
 4498         (d) The proceeds of the surtax and any interest accrued
 4499  thereto may be expended within the county and municipalities for
 4500  the purposes of servicing existing bond and state revolving loan
 4501  fund indebtedness to finance, plan, construct, upgrade,
 4502  reconstruct or renovate wastewater and stormwater collection and
 4503  treatment infrastructure; and to finance, plan, construct,
 4504  upgrade, reconstruct or renovate, wastewater and stormwater
 4505  collection and treatment infrastructure; fixed capital costs
 4506  associated with the construction, upgrade, reconstruction,
 4507  renovation, expansion or improvement of wastewater and
 4508  stormwater facilities which has a useful life expectancy of at
 4509  least 5 years; land acquisition, land improvement, design, and
 4510  engineering costs related thereto. The proceeds of the surtax
 4511  must be set aside and invested as permitted by law, with the
 4512  principal and income to be used for the purposes provided in
 4513  this subsection. Counties and municipalities receiving proceeds
 4514  under the provisions of this subsection may pledge such proceeds
 4515  for the purpose of servicing new bond or state revolving loan
 4516  indebtedness incurred pursuant to law. Counties and
 4517  municipalities may use the services of the Division of Bond
 4518  Finance of the State Board of Administration pursuant to the
 4519  State Bond Act to issue any bonds through the provisions of this
 4520  subsection. Counties and municipalities may join together for
 4521  the issuance of bonds authorized by this subsection.
 4522         (e) A surtax imposed under this subsection expires 20 years
 4523  after the effective date of the surtax unless reenacted by an
 4524  ordinance that is subject to approval by a majority of the
 4525  electors of the county voting in a subsequent referendum.
 4526         (f) This subsection shall be liberally construed to achieve
 4527  its purpose.
 4528         Section 57. It is the intent of the Legislature that the
 4529  creation of part VII of chapter 373, Florida Statutes, is to
 4530  reorganize certain existing provisions of part I of chapter 373,
 4531  Florida Statutes, and does not make any substantive changes to
 4532  existing law or judicial interpretation thereof. It is further
 4533  the intent of the Legislature that any legislation enacted
 4534  during the 2010 Regular Session and any extension thereof
 4535  affecting ss. 373.0361, 373.0391, 373.0831, 373.196, 373.1961,
 4536  373.1962, and 373.1963, Florida Statutes, either before or after
 4537  this act becomes law, be given full force and effect
 4538  substantively and that such new substantive provisions of law
 4539  shall be integrated into ss. 373.703, 373.705, 373.707, 373.709,
 4540  373.711, 373.713, and 373.715, Florida Statutes, as created by
 4541  this act.
 4542         Section 58. This act shall take effect July 1, 2010.

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