November 25, 2020
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       CS for CS for CS for SB 550                      First Engrossed
       
       
       
       
       
       
       
       
       2010550e1
       
    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.; expanding alternative water supply
  126         funding to include quantifiable conservation projects;
  127         adding a high-water recharge criterion to the ranking
  128         criteria for water projects; amending s. 373.414,
  129         F.S.; adding limestone extraction operations to
  130         activities in surface waters and wetlands that require
  131         mitigation; amending s. 378.901, F.S.; allowing life
  132         of-the-mine permits for limestone extraction
  133         operations; providing authority for local governments
  134         to impose different permit restrictions; amending s.
  135         373.41492, F.S.; updating mitigation fees for the
  136         Miami-Dade Lake Belt Mitigation Plan; amending s.
  137         215.619, F.S.; authorizing the issuance of bonds to be
  138         used to finance the management of sewage facilities in
  139         the Florida Keys Area of Critical State Concern;
  140         amending s. 380.0552, F.S.; revising legislative
  141         intent relating to the designation of the Florida Keys
  142         as an area of critical state concern; revising the
  143         procedures for removing the designation; providing for
  144         administrative review of such removal rather than
  145         judicial review; authorizing the Administration
  146         Commission to adopt rules or revise existing rules;
  147         revising the principles guiding development; revising
  148         compliance requirements for reviewing comprehensive
  149         plan amendments; amending s. 381.0065, F.S.; providing
  150         additional legislative intent; providing additional
  151         requirements for onsite sewage treatment and disposal
  152         systems in Monroe County; directing the Department of
  153         Health to create and administer a statewide septic
  154         tank evaluation program; providing procedures and
  155         criteria for the evaluation program; prohibiting the
  156         land application of septage after January 1, 2016;
  157         creating s. 381.00656, F.S.; providing for a low
  158         income grant program for septic tank maintenance and
  159         replacement; amending s. 381.0066, F.S.; authorizing
  160         the Department of Health to collect an evaluation
  161         report fee; requiring such fees to be revenue neutral;
  162         amending s. 403.086, F.S.; requiring the Department of
  163         Environmental Protection to submit a report on the
  164         effects of reclaimed water use; clarifying reuse
  165         requirements for domestic wastewater facilities that
  166         discharge through ocean outfalls; clarifying reuse
  167         requirements for domestic wastewater facilities that
  168         divert wastewater from facilities discharging through
  169         ocean outfalls; providing legislative findings and
  170         discharge requirements for wastewater facilities in
  171         Monroe County; repealing sections 4, 5, and 6 of
  172         chapter 99-395, Laws of Florida, as amended, relating
  173         to sewage treatment in the Florida Keys; amending s.
  174         403.1835, F.S.; conforming terms to changes made to
  175         the Florida Water Pollution Control Financing
  176         Corporation; amending s. 403.1837, F.S.; expanding the
  177         purview of the corporation to include loans made from
  178         the drinking water state revolving loan fund;
  179         providing conforming changes; amending s. 403.8532,
  180         F.S.; providing definitions for the terms “bonds” and
  181         “corporation”; providing conforming changes;
  182         authorizing the Department of Environmental Protection
  183         to adopt certain rules; amending s. 403.8533, F.S.;
  184         revising the purposes for the Drinking Water Revolving
  185         Loan Trust Fund; providing that the trust fund is
  186         exempt from the termination provisions of the State
  187         Constitution; amending s. 369.317, F.S.; clarifying
  188         mitigation offsets in the Wekiva Study Area; amending
  189         s. 553.77, F.S.; directing the Florida Building
  190         Commission to recommend products that result in water
  191         conservation; amending s. 215.47, F.S.; authorizing
  192         the State Board of Administration to make investments
  193         in alternative water supply and water resource
  194         development projects; amending s. 373.129, F.S.;
  195         requiring the water management districts to submit to
  196         alternative dispute resolution in conflicts with other
  197         governmental entities; amending s. 403.707, F.S.;
  198         requiring liners for new landfills and expansions of
  199         existing landfills not yet permitted that will accept
  200         construction and demolition debris; amending s.
  201         298.66, F.S.; clarifying penalties for people who
  202         damage drainage works constructed or maintained by a
  203         water management district; providing legislative
  204         intent that there are no substantive changes in the
  205         reorganization ch. 373, F.S.; providing legislative
  206         intent that substantive changes affecting repealed
  207         sections of law relating to the reorganization of ch.
  208         373, F.S., shall be given full force and effect;
  209         providing an effective date.
  210  
  211  Be It Enacted by the Legislature of the State of Florida:
  212  
  213         Section 1. Part VII of chapter 373, Florida Statutes,
  214  consisting of sections 373.701, 373.703, 373.705, 373.707,
  215  373.709, 373.711, 373.713, and 373.715, is created to read:
  216                              PART VII                             
  217       WATER SUPPLY POLICY, PLANNING, PRODUCTION, AND FUNDING      
  218         373.701 Declaration of policy.—It is declared to be the
  219  policy of the Legislature:
  220         (1) To promote the availability of sufficient water for all
  221  existing and future reasonable-beneficial uses and natural
  222  systems.
  223         (2)(a) Because water constitutes a public resource
  224  benefiting the entire state, it is the policy of the Legislature
  225  that the waters in the state be managed on a state and regional
  226  basis. Consistent with this directive, the Legislature
  227  recognizes the need to allocate water throughout the state so as
  228  to meet all reasonable-beneficial uses. However, the Legislature
  229  acknowledges that such allocations have in the past adversely
  230  affected the water resources of certain areas in this state. To
  231  protect such water resources and to meet the current and future
  232  needs of those areas with abundant water, the Legislature
  233  directs the department and the water management districts to
  234  encourage the use of water from sources nearest the area of use
  235  or application whenever practicable. Such sources shall include
  236  all naturally occurring water sources and all alternative water
  237  sources, including, but not limited to, desalination,
  238  conservation, reuse of nonpotable reclaimed water and
  239  stormwater, and aquifer storage and recovery. Reuse of potable
  240  reclaimed water and stormwater shall not be subject to the
  241  evaluation described in s. 373.223(3)(a)-(g). However, this
  242  directive to encourage the use of water, whenever practicable,
  243  from sources nearest the area of use or application shall not
  244  apply to the transport and direct and indirect use of water
  245  within the area encompassed by the Central and Southern Florida
  246  Flood Control Project, nor shall it apply anywhere in the state
  247  to the transport and use of water supplied exclusively for
  248  bottled water as defined in s. 500.03(1)(d), nor shall it apply
  249  to the transport and use of reclaimed water for electrical power
  250  production by an electric utility as defined in s. 366.02(2).
  251         (b) In establishing the policy outlined in paragraph (a),
  252  the Legislature realizes that under certain circumstances the
  253  need to transport water from distant sources may be necessary
  254  for environmental, technical, or economic reasons.
  255         (3) Cooperative efforts between municipalities, counties,
  256  water management districts, and the department are mandatory in
  257  order to meet the water needs of rapidly urbanizing areas in a
  258  manner that will supply adequate and dependable supplies of
  259  water where needed without resulting in adverse effects upon the
  260  areas from which such water is withdrawn. Such efforts should
  261  use all practical means of obtaining water, including, but not
  262  limited to, withdrawals of surface water and ground water,
  263  reuse, and desalination and will necessitate not only
  264  cooperation but also well-coordinated activities.
  265  Municipalities, counties, and special districts are encouraged
  266  to create regional water supply authorities as authorized in s.
  267  373.713 or multijurisdictional water supply entities.
  268         373.703 Water production; general powers and duties.—In the
  269  performance of, and in conjunction with, its other powers and
  270  duties, the governing board of a water management district
  271  existing pursuant to this chapter:
  272         (1) Shall engage in planning to assist counties,
  273  municipalities, special districts, publicly owned and privately
  274  owned water utilities, multijurisdictional water supply
  275  entities, or regional water supply authorities in meeting water
  276  supply needs in such manner as will give priority to encouraging
  277  conservation and reducing adverse environmental effects of
  278  improper or excessive withdrawals of water from concentrated
  279  areas. As used in this section and s. 373.707, regional water
  280  supply authorities are regional water authorities created under
  281  s. 373.713 or other laws of this state.
  282         (2) Shall assist counties, municipalities, special
  283  districts, publicly owned or privately owned water utilities,
  284  multijurisdictional water supply entities, or regional water
  285  supply authorities in meeting water supply needs in such manner
  286  as will give priority to encouraging conservation and reducing
  287  adverse environmental effects of improper or excessive
  288  withdrawals of water from concentrated areas.
  289         (3) May establish, design, construct, operate, and maintain
  290  water production and transmission facilities for the purpose of
  291  supplying water to counties, municipalities, special districts,
  292  publicly owned and privately owned water utilities,
  293  multijurisdictional water supply entities, or regional water
  294  supply authorities. The permit required by part II of this
  295  chapter for a water management district engaged in water
  296  production and transmission shall be granted, denied, or granted
  297  with conditions by the department.
  298         (4) Shall not engage in local water supply distribution.
  299         (5) Shall not deprive, directly or indirectly, any county
  300  wherein water is withdrawn of the prior right to the reasonable
  301  and beneficial use of water which is required to supply
  302  adequately the reasonable and beneficial needs of the county or
  303  any of the inhabitants or property owners therein.
  304         (6) May provide water and financial assistance to regional
  305  water supply authorities, but may not provide water to counties
  306  and municipalities which are located within the area of such
  307  authority without the specific approval of the authority or, in
  308  the event of the authority’s disapproval, the approval of the
  309  Governor and Cabinet sitting as the Land and Water Adjudicatory
  310  Commission. The district may supply water at rates and upon
  311  terms mutually agreed to by the parties or, if they do not
  312  agree, as set by the governing board and specifically approved
  313  by the Governor and Cabinet sitting as the Land and Water
  314  Adjudicatory Commission.
  315         (7) May acquire title to such interest as is necessary in
  316  real property, by purchase, gift, devise, lease, eminent domain,
  317  or otherwise, for water production and transmission consistent
  318  with this section and s. 373.707. However, the district shall
  319  not use any of the eminent domain powers herein granted to
  320  acquire water and water rights already devoted to reasonable and
  321  beneficial use or any water production or transmission
  322  facilities owned by any county, municipality, or regional water
  323  supply authority. The district may exercise eminent domain
  324  powers outside of its district boundaries for the acquisition of
  325  pumpage facilities, storage areas, transmission facilities, and
  326  the normal appurtenances thereto, provided that at least 45 days
  327  prior to the exercise of eminent domain, the district notifies
  328  the district where the property is located after public notice
  329  and the district where the property is located does not object
  330  within 45 days after notification of such exercise of eminent
  331  domain authority.
  332         (8) In addition to the power to issue revenue bonds
  333  pursuant to s. 373.584, may issue revenue bonds for the purposes
  334  of paying the costs and expenses incurred in carrying out the
  335  purposes of this chapter or refunding obligations of the
  336  district issued pursuant to this section. Such revenue bonds
  337  shall be secured by, and be payable from, revenues derived from
  338  the operation, lease, or use of its water production and
  339  transmission facilities and other water-related facilities and
  340  from the sale of water or services relating thereto. Such
  341  revenue bonds may not be secured by, or be payable from, moneys
  342  derived by the district from the Water Management Lands Trust
  343  Fund or from ad valorem taxes received by the district. All
  344  provisions of s. 373.584 relating to the issuance of revenue
  345  bonds which are not inconsistent with this section shall apply
  346  to the issuance of revenue bonds pursuant to this section. The
  347  district may also issue bond anticipation notes in accordance
  348  with the provisions of s. 373.584.
  349         (9) May join with one or more other water management
  350  districts, counties, municipalities, special districts, publicly
  351  owned or privately owned water utilities, multijurisdictional
  352  water supply entities, or regional water supply authorities for
  353  the purpose of carrying out any of its powers, and may contract
  354  with such other entities to finance acquisitions, construction,
  355  operation, and maintenance. The contract may provide for
  356  contributions to be made by each party thereto, for the division
  357  and apportionment of the expenses of acquisitions, construction,
  358  operation, and maintenance, and for the division and
  359  apportionment of the benefits, services, and products therefrom.
  360  The contracts may contain other covenants and agreements
  361  necessary and appropriate to accomplish their purposes.
  362         373.705 Water resource development; water supply
  363  development.—
  364         (1) The Legislature finds that:
  365         (a) The proper role of the water management districts in
  366  water supply is primarily planning and water resource
  367  development, but this does not preclude them from providing
  368  assistance with water supply development.
  369         (b) The proper role of local government, regional water
  370  supply authorities, and government-owned and privately owned
  371  water utilities in water supply is primarily water supply
  372  development, but this does not preclude them from providing
  373  assistance with water resource development.
  374         (c) Water resource development and water supply development
  375  must receive priority attention, where needed, to increase the
  376  availability of sufficient water for all existing and future
  377  reasonable-beneficial uses and natural systems.
  378         (2) It is the intent of the Legislature that:
  379         (a) Sufficient water be available for all existing and
  380  future reasonable-beneficial uses and the natural systems, and
  381  that the adverse effects of competition for water supplies be
  382  avoided.
  383         (b) Water management districts take the lead in identifying
  384  and implementing water resource development projects, and be
  385  responsible for securing necessary funding for regionally
  386  significant water resource development projects.
  387         (c) Local governments, regional water supply authorities,
  388  and government-owned and privately owned water utilities take
  389  the lead in securing funds for and implementing water supply
  390  development projects. Generally, direct beneficiaries of water
  391  supply development projects should pay the costs of the projects
  392  from which they benefit, and water supply development projects
  393  should continue to be paid for through local funding sources.
  394         (d) Water supply development be conducted in coordination
  395  with water management district regional water supply planning
  396  and water resource development.
  397         (3) The water management districts shall fund and implement
  398  water resource development as defined in s. 373.019. The water
  399  management districts are encouraged to implement water resource
  400  development as expeditiously as possible in areas subject to
  401  regional water supply plans. Each governing board shall include
  402  in its annual budget the amount needed for the fiscal year to
  403  implement water resource development projects, as prioritized in
  404  its regional water supply plans.
  405         (4)(a) Water supply development projects that are
  406  consistent with the relevant regional water supply plans and
  407  that meet one or more of the following criteria shall receive
  408  priority consideration for state or water management district
  409  funding assistance:
  410         1. The project supports establishment of a dependable,
  411  sustainable supply of water which is not otherwise financially
  412  feasible;
  413         2. The project provides substantial environmental benefits
  414  by preventing or limiting adverse water resource impacts, but
  415  requires funding assistance to be economically competitive with
  416  other options; or
  417         3. The project significantly implements reuse, storage,
  418  recharge, or conservation of water in a manner that contributes
  419  to the sustainability of regional water sources.
  420         (b) Water supply development projects that meet the
  421  criteria in paragraph (a) and that meet one or more of the
  422  following additional criteria shall be given first consideration
  423  for state or water management district funding assistance:
  424         1. The project brings about replacement of existing sources
  425  in order to help implement a minimum flow or level; or
  426         2. The project implements reuse that assists in the
  427  elimination of domestic wastewater ocean outfalls as provided in
  428  s. 403.086(9).
  429         373.707 Alternative water supply development.—
  430         (1) The purpose of this section is to encourage cooperation
  431  in the development of water supplies and to provide for
  432  alternative water supply development.
  433         (a) Demands on natural supplies of fresh water to meet the
  434  needs of a rapidly growing population and the needs of the
  435  environment, agriculture, industry, and mining will continue to
  436  increase.
  437         (b) There is a need for the development of alternative
  438  water supplies for Florida to sustain its economic growth,
  439  economic viability, and natural resources.
  440         (c) Cooperative efforts between municipalities, counties,
  441  special districts, water management districts, and the
  442  Department of Environmental Protection are mandatory in order to
  443  meet the water needs of rapidly urbanizing areas in a manner
  444  that will supply adequate and dependable supplies of water where
  445  needed without resulting in adverse effects upon the areas from
  446  which such water is withdrawn. Such efforts should use all
  447  practical means of obtaining water, including, but not limited
  448  to, withdrawals of surface water and ground water, reuse, and
  449  desalinization, and will necessitate not only cooperation but
  450  also well-coordinated activities. Municipalities, counties, and
  451  special districts are encouraged to create regional water supply
  452  authorities as authorized in s. 373.713 or multijurisdictional
  453  water supply entities.
  454         (d) Alternative water supply development must receive
  455  priority funding attention to increase the available supplies of
  456  water to meet all existing and future reasonable-beneficial uses
  457  and to benefit the natural systems.
  458         (e) Cooperation between counties, municipalities, regional
  459  water supply authorities, multijurisdictional water supply
  460  entities, special districts, and publicly owned and privately
  461  owned water utilities in the development of countywide and
  462  multicountywide alternative water supply projects will allow for
  463  necessary economies of scale and efficiencies to be achieved in
  464  order to accelerate the development of new, dependable, and
  465  sustainable alternative water supplies.
  466         (f) It is in the public interest that county, municipal,
  467  industrial, agricultural, and other public and private water
  468  users, the Department of Environmental Protection, and the water
  469  management districts cooperate and work together in the
  470  development of alternative water supplies to avoid the adverse
  471  effects of competition for limited supplies of water. Public
  472  moneys or services provided to private entities for alternative
  473  water supply development may constitute public purposes that
  474  also are in the public interest.
  475         (2)(a) Sufficient water must be available for all existing
  476  and future reasonable-beneficial uses and the natural systems,
  477  and the adverse effects of competition for water supplies must
  478  be avoided.
  479         (b) Water supply development and alternative water supply
  480  development must be conducted in coordination with water
  481  management district regional water supply planning.
  482         (c) Funding for the development of alternative water
  483  supplies shall be a shared responsibility of water suppliers and
  484  users, the State of Florida, and the water management districts,
  485  with water suppliers and users having the primary responsibility
  486  and the State of Florida and the water management districts
  487  being responsible for providing funding assistance.
  488         (3) The primary roles of the water management districts in
  489  water resource development as it relates to supporting
  490  alternative water supply development are:
  491         (a) The formulation and implementation of regional water
  492  resource management strategies that support alternative water
  493  supply development;
  494         (b) The collection and evaluation of surface water and
  495  groundwater data to be used for a planning level assessment of
  496  the feasibility of alternative water supply development
  497  projects;
  498         (c) The construction, operation, and maintenance of major
  499  public works facilities for flood control, surface and
  500  underground water storage, and groundwater recharge augmentation
  501  to support alternative water supply development;
  502         (d) Planning for alternative water supply development as
  503  provided in regional water supply plans in coordination with
  504  local governments, regional water supply authorities,
  505  multijurisdictional water supply entities, special districts,
  506  and publicly owned and privately owned water utilities and self
  507  suppliers;
  508         (e) The formulation and implementation of structural and
  509  nonstructural programs to protect and manage water resources in
  510  support of alternative water supply projects; and
  511         (f) The provision of technical and financial assistance to
  512  local governments and publicly owned and privately owned water
  513  utilities for alternative water supply projects.
  514         (4) The primary roles of local government, regional water
  515  supply authorities, multijurisdictional water supply entities,
  516  special districts, and publicly owned and privately owned water
  517  utilities in alternative water supply development shall be:
  518         (a) The planning, design, construction, operation, and
  519  maintenance of alternative water supply development projects;
  520         (b) The formulation and implementation of alternative water
  521  supply development strategies and programs;
  522         (c) The planning, design, construction, operation, and
  523  maintenance of facilities to collect, divert, produce, treat,
  524  transmit, and distribute water for sale, resale, or end use; and
  525         (d) The coordination of alternative water supply
  526  development activities with the appropriate water management
  527  district having jurisdiction over the activity.
  528         (5) Nothing in this section shall be construed to preclude
  529  the various special districts, municipalities, and counties from
  530  continuing to operate existing water production and transmission
  531  facilities or to enter into cooperative agreements with other
  532  special districts, municipalities, and counties for the purpose
  533  of meeting their respective needs for dependable and adequate
  534  supplies of water; however, the obtaining of water through such
  535  operations shall not be done in a manner that results in adverse
  536  effects upon the areas from which such water is withdrawn.
  537         (6)(a) The statewide funds provided pursuant to the Water
  538  Protection and Sustainability Program serve to supplement
  539  existing water management district or basin board funding for
  540  alternative water supply development assistance and should not
  541  result in a reduction of such funding. Therefore, the water
  542  management districts shall include in the annual tentative and
  543  adopted budget submittals required under this chapter the amount
  544  of funds allocated for water resource development that supports
  545  alternative water supply development and the funds allocated for
  546  alternative water supply projects selected for inclusion in the
  547  Water Protection and Sustainability Program. It shall be the
  548  goal of each water management district and basin boards that the
  549  combined funds allocated annually for these purposes be, at a
  550  minimum, the equivalent of 100 percent of the state funding
  551  provided to the water management district for alternative water
  552  supply development. If this goal is not achieved, the water
  553  management district shall provide in the budget submittal an
  554  explanation of the reasons or constraints that prevent this goal
  555  from being met, an explanation of how the goal will be met in
  556  future years, and affirmation of match is required during the
  557  budget review process as established under s. 373.536(5). The
  558  Suwannee River Water Management District and the Northwest
  559  Florida Water Management District shall not be required to meet
  560  the match requirements of this paragraph; however, they shall
  561  try to achieve the match requirement to the greatest extent
  562  practicable.
  563         (b) State funds from the Water Protection and
  564  Sustainability Program created in s. 403.890 shall be made
  565  available for financial assistance for the project construction
  566  costs of alternative water supply development projects selected
  567  by a water management district governing board for inclusion in
  568  the program.
  569         (7) The water management district shall implement its
  570  responsibilities as expeditiously as possible in areas subject
  571  to regional water supply plans. Each district’s governing board
  572  shall include in its annual budget the amount needed for the
  573  fiscal year to assist in implementing alternative water supply
  574  development projects.
  575         (8)(a) The water management districts and the state shall
  576  share a percentage of revenues with water providers and users,
  577  including local governments, water, wastewater, and reuse
  578  utilities, municipal, special district, industrial, and
  579  agricultural water users, and other public and private water
  580  users, to be used to supplement other funding sources in the
  581  development of alternative water supplies.
  582         (b) Beginning in the 2005-2006 fiscal year, the state shall
  583  annually provide a portion of those revenues deposited into the
  584  Water Protection and Sustainability Program Trust Fund for the
  585  purpose of providing funding assistance for the development of
  586  alternative water supplies pursuant to the Water Protection and
  587  Sustainability Program. At the beginning of each fiscal year,
  588  beginning with the 2005-2006 fiscal year, such revenues shall be
  589  distributed by the department into the alternative water supply
  590  trust fund accounts created by each district for the purpose of
  591  alternative water supply development under the following funding
  592  formula:
  593         1. Thirty percent to the South Florida Water Management
  594  District;
  595         2. Twenty-five percent to the Southwest Florida Water
  596  Management District;
  597         3. Twenty-five percent to the St. Johns River Water
  598  Management District;
  599         4. Ten percent to the Suwannee River Water Management
  600  District; and
  601         5. Ten percent to the Northwest Florida Water Management
  602  District.
  603         (c) The financial assistance for alternative water supply
  604  projects allocated in each district’s budget as required in
  605  subsection (6) shall be combined with the state funds and used
  606  to assist in funding the project construction costs of
  607  alternative water supply projects selected by the governing
  608  board. If the district has not completed any regional water
  609  supply plan, or the regional water supply plan does not identify
  610  the need for any alternative water supply projects, funds
  611  deposited in that district’s trust fund may be used for water
  612  resource development projects, including, but not limited to,
  613  springs protection.
  614         (d) All projects submitted to the governing board for
  615  consideration shall reflect the total capital cost for
  616  implementation. The costs shall be segregated pursuant to the
  617  categories described in the definition of capital costs.
  618         (e) Applicants for projects that may receive funding
  619  assistance pursuant to the Water Protection and Sustainability
  620  Program shall, at a minimum, be required to pay 60 percent of
  621  the project’s construction costs. The water management districts
  622  may, at their discretion, totally or partially waive this
  623  requirement for projects sponsored by financially disadvantaged
  624  small local governments as defined in former s. 403.885(5). The
  625  water management districts or basin boards may, at their
  626  discretion, use ad valorem or federal revenues to assist a
  627  project applicant in meeting the requirements of this paragraph.
  628         (f) The governing boards shall determine those projects
  629  that will be selected for financial assistance. The governing
  630  boards may establish factors to determine project funding;
  631  however, significant weight shall be given to the following
  632  factors:
  633         1. Whether the project provides substantial environmental
  634  benefits by preventing or limiting adverse water resource
  635  impacts.
  636         2. Whether the project reduces competition for water
  637  supplies.
  638         3. Whether the project brings about replacement of
  639  traditional sources in order to help implement a minimum flow or
  640  level or a reservation.
  641         4. Whether the project will be implemented by a consumptive
  642  use permittee that has achieved the targets contained in a goal
  643  based water conservation program approved pursuant to s.
  644  373.227.
  645         5. The quantity of water supplied by the project as
  646  compared to its cost.
  647         6. Projects in which the construction and delivery to end
  648  users of reuse water is a major component.
  649         7. Whether the project will be implemented by a
  650  multijurisdictional water supply entity or regional water supply
  651  authority.
  652         8. Whether the project implements reuse that assists in the
  653  elimination of domestic wastewater ocean outfalls as provided in
  654  s. 403.086(9).
  655         (g) Additional factors to be considered in determining
  656  project funding shall include:
  657         1. Whether the project is part of a plan to implement two
  658  or more alternative water supply projects, all of which will be
  659  operated to produce water at a uniform rate for the participants
  660  in a multijurisdictional water supply entity or regional water
  661  supply authority.
  662         2. The percentage of project costs to be funded by the
  663  water supplier or water user.
  664         3. Whether the project proposal includes sufficient
  665  preliminary planning and engineering to demonstrate that the
  666  project can reasonably be implemented within the timeframes
  667  provided in the regional water supply plan.
  668         4. Whether the project is a subsequent phase of an
  669  alternative water supply project that is underway.
  670         5. Whether and in what percentage a local government or
  671  local government utility is transferring water supply system
  672  revenues to the local government general fund in excess of
  673  reimbursements for services received from the general fund,
  674  including direct and indirect costs and legitimate payments in
  675  lieu of taxes.
  676         (h) After conducting one or more meetings to solicit public
  677  input on eligible projects, including input from those entities
  678  identified pursuant to s. 373.709(2)(a)3.d. for implementation
  679  of alternative water supply projects, the governing board of
  680  each water management district shall select projects for funding
  681  assistance based upon the criteria set forth in paragraphs (f)
  682  and (g). The governing board may select a project identified or
  683  listed as an alternative water supply development project in the
  684  regional water supply plan, or allocate up to 20 percent of the
  685  funding for alternative water supply projects that are not
  686  identified or listed in the regional water supply plan but are
  687  consistent with the goals of the plan.
  688         (i) Without diminishing amounts available through other
  689  means described in this paragraph, the governing boards are
  690  encouraged to consider establishing revolving loan funds to
  691  expand the total funds available to accomplish the objectives of
  692  this section. A revolving loan fund created under this paragraph
  693  must be a nonlapsing fund from which the water management
  694  district may make loans with interest rates below prevailing
  695  market rates to public or private entities for the purposes
  696  described in this section. The governing board may adopt
  697  resolutions to establish revolving loan funds which must specify
  698  the details of the administration of the fund, the procedures
  699  for applying for loans from the fund, the criteria for awarding
  700  loans from the fund, the initial capitalization of the fund, and
  701  the goals for future capitalization of the fund in subsequent
  702  budget years. Revolving loan funds created under this paragraph
  703  must be used to expand the total sums and sources of cooperative
  704  funding available for the development of alternative water
  705  supplies. The Legislature does not intend for the creation of
  706  revolving loan funds to supplant or otherwise reduce existing
  707  sources or amounts of funds currently available through other
  708  means.
  709         (j) For each utility that receives financial assistance
  710  from the state or a water management district for an alternative
  711  water supply project, the water management district shall
  712  require the appropriate rate-setting authority to develop rate
  713  structures for water customers in the service area of the funded
  714  utility that will:
  715         1. Promote the conservation of water; and
  716         2. Promote the use of water from alternative water
  717  supplies.
  718         (k) The governing boards shall establish a process for the
  719  disbursal of revenues pursuant to this subsection.
  720         (l) All revenues made available pursuant to this subsection
  721  must be encumbered annually by the governing board when it
  722  approves projects sufficient to expend the available revenues.
  723         (m) This subsection is not subject to the rulemaking
  724  requirements of chapter 120.
  725         (n) By March 1 of each year, as part of the consolidated
  726  annual report required by s. 373.036(7), each water management
  727  district shall submit a report on the disbursal of all budgeted
  728  amounts pursuant to this section. Such report shall describe all
  729  alternative water supply projects funded as well as the quantity
  730  of new water to be created as a result of such projects and
  731  shall account separately for any other moneys provided through
  732  grants, matching grants, revolving loans, and the use of
  733  district lands or facilities to implement regional water supply
  734  plans.
  735         (o) The Florida Public Service Commission shall allow
  736  entities under its jurisdiction constructing or participating in
  737  constructing facilities that provide alternative water supplies
  738  to recover their full, prudently incurred cost of constructing
  739  such facilities through their rate structure. If construction of
  740  a facility or participation in construction is pursuant to or in
  741  furtherance of a regional water supply plan, the cost shall be
  742  deemed to be prudently incurred. Every component of an
  743  alternative water supply facility constructed by an investor
  744  owned utility shall be recovered in current rates. Any state or
  745  water management district cost-share is not subject to the
  746  recovery provisions allowed in this paragraph.
  747         (9) Funding assistance provided by the water management
  748  districts for a water reuse system may include the following
  749  conditions for that project if a water management district
  750  determines that such conditions will encourage water use
  751  efficiency:
  752         (a) Metering of reclaimed water use for residential
  753  irrigation, agricultural irrigation, industrial uses, except for
  754  electric utilities as defined in s. 366.02(2), landscape
  755  irrigation, golf course irrigation, irrigation of other public
  756  access areas, commercial and institutional uses such as toilet
  757  flushing, and transfers to other reclaimed water utilities;
  758         (b) Implementation of reclaimed water rate structures based
  759  on actual use of reclaimed water for the reuse activities listed
  760  in paragraph (a);
  761         (c) Implementation of education programs to inform the
  762  public about water issues, water conservation, and the
  763  importance and proper use of reclaimed water; or
  764         (d) Development of location data for key reuse facilities.
  765         373.709 Regional water supply planning.—
  766         (1) The governing board of each water management district
  767  shall conduct water supply planning for any water supply
  768  planning region within the district identified in the
  769  appropriate district water supply plan under s. 373.036, where
  770  it determines that existing sources of water are not adequate to
  771  supply water for all existing and future reasonable-beneficial
  772  uses and to sustain the water resources and related natural
  773  systems for the planning period. The planning must be conducted
  774  in an open public process, in coordination and cooperation with
  775  local governments, regional water supply authorities,
  776  government-owned and privately owned water utilities,
  777  multijurisdictional water supply entities, self-suppliers, and
  778  other affected and interested parties. The districts shall
  779  actively engage in public education and outreach to all affected
  780  local entities and their officials, as well as members of the
  781  public, in the planning process and in seeking input. During
  782  preparation, but prior to completion of the regional water
  783  supply plan, the district must conduct at least one public
  784  workshop to discuss the technical data and modeling tools
  785  anticipated to be used to support the regional water supply
  786  plan. The district shall also hold several public meetings to
  787  communicate the status, overall conceptual intent, and impacts
  788  of the plan on existing and future reasonable-beneficial uses
  789  and related natural systems. During the planning process, a
  790  local government may choose to prepare its own water supply
  791  assessment to determine if existing water sources are adequate
  792  to meet existing and projected reasonable-beneficial needs of
  793  the local government while sustaining water resources and
  794  related natural systems. The local government shall submit such
  795  assessment, including the data and methodology used, to the
  796  district. The district shall consider the local government’s
  797  assessment during the formation of the plan. A determination by
  798  the governing board that initiation of a regional water supply
  799  plan for a specific planning region is not needed pursuant to
  800  this section shall be subject to s. 120.569. The governing board
  801  shall reevaluate such a determination at least once every 5
  802  years and shall initiate a regional water supply plan, if
  803  needed, pursuant to this subsection.
  804         (2) Each regional water supply plan shall be based on at
  805  least a 20-year planning period and shall include, but need not
  806  be limited to:
  807         (a) A water supply development component for each water
  808  supply planning region identified by the district which
  809  includes:
  810         1. A quantification of the water supply needs for all
  811  existing and future reasonable-beneficial uses within the
  812  planning horizon. The level-of-certainty planning goal
  813  associated with identifying the water supply needs of existing
  814  and future reasonable-beneficial uses shall be based upon
  815  meeting those needs for a 1-in-10-year drought event. Population
  816  projections used for determining public water supply needs must
  817  be based upon the best available data. In determining the best
  818  available data, the district shall consider the University of
  819  Florida’s Bureau of Economic and Business Research (BEBR) medium
  820  population projections and any population projection data and
  821  analysis submitted by a local government pursuant to the public
  822  workshop described in subsection (1) if the data and analysis
  823  support the local government’s comprehensive plan. Any
  824  adjustment of or deviation from the BEBR projections must be
  825  fully described, and the original BEBR data must be presented
  826  along with the adjusted data.
  827         2. A list of water supply development project options,
  828  including traditional and alternative water supply project
  829  options, from which local government, government-owned and
  830  privately owned utilities, regional water supply authorities,
  831  multijurisdictional water supply entities, self-suppliers, and
  832  others may choose for water supply development. In addition to
  833  projects listed by the district, such users may propose specific
  834  projects for inclusion in the list of alternative water supply
  835  projects. If such users propose a project to be listed as an
  836  alternative water supply project, the district shall determine
  837  whether it meets the goals of the plan, and, if so, it shall be
  838  included in the list. The total capacity of the projects
  839  included in the plan shall exceed the needs identified in
  840  subparagraph 1. and shall take into account water conservation
  841  and other demand management measures, as well as water resources
  842  constraints, including adopted minimum flows and levels and
  843  water reservations. Where the district determines it is
  844  appropriate, the plan should specifically identify the need for
  845  multijurisdictional approaches to project options that, based on
  846  planning level analysis, are appropriate to supply the intended
  847  uses and that, based on such analysis, appear to be permittable
  848  and financially and technically feasible. The list of water
  849  supply development options must contain provisions that
  850  recognize that alternative water supply options for agricultural
  851  self-suppliers are limited.
  852         3. For each project option identified in subparagraph 2.,
  853  the following shall be provided:
  854         a. An estimate of the amount of water to become available
  855  through the project.
  856         b. The timeframe in which the project option should be
  857  implemented and the estimated planning-level costs for capital
  858  investment and operating and maintaining the project.
  859         c. An analysis of funding needs and sources of possible
  860  funding options. For alternative water supply projects the water
  861  management districts shall provide funding assistance in
  862  accordance with s. 373.707(8).
  863         d. Identification of the entity that should implement each
  864  project option and the current status of project implementation.
  865         (b) A water resource development component that includes:
  866         1. A listing of those water resource development projects
  867  that support water supply development.
  868         2. For each water resource development project listed:
  869         a. An estimate of the amount of water to become available
  870  through the project.
  871         b. The timeframe in which the project option should be
  872  implemented and the estimated planning-level costs for capital
  873  investment and for operating and maintaining the project.
  874         c. An analysis of funding needs and sources of possible
  875  funding options.
  876         d. Identification of the entity that should implement each
  877  project option and the current status of project implementation.
  878         (c) The recovery and prevention strategy described in s.
  879  373.0421(2).
  880         (d) A funding strategy for water resource development
  881  projects, which shall be reasonable and sufficient to pay the
  882  cost of constructing or implementing all of the listed projects.
  883         (e) Consideration of how the project options addressed in
  884  paragraph (a) serve the public interest or save costs overall by
  885  preventing the loss of natural resources or avoiding greater
  886  future expenditures for water resource development or water
  887  supply development. However, unless adopted by rule, these
  888  considerations do not constitute final agency action.
  889         (f) The technical data and information applicable to each
  890  planning region which are necessary to support the regional
  891  water supply plan.
  892         (g) The minimum flows and levels established for water
  893  resources within each planning region.
  894         (h) Reservations of water adopted by rule pursuant to s.
  895  373.223(4) within each planning region.
  896         (i) Identification of surface waters or aquifers for which
  897  minimum flows and levels are scheduled to be adopted.
  898         (j) An analysis, developed in cooperation with the
  899  department, of areas or instances in which the variance
  900  provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to
  901  create water supply development or water resource development
  902  projects.
  903         (3) The water supply development component of a regional
  904  water supply plan which deals with or affects public utilities
  905  and public water supply for those areas served by a regional
  906  water supply authority and its member governments within the
  907  boundary of the Southwest Florida Water Management District
  908  shall be developed jointly by the authority and the district. In
  909  areas not served by regional water supply authorities, or other
  910  multijurisdictional water supply entities, and where
  911  opportunities exist to meet water supply needs more efficiently
  912  through multijurisdictional projects identified pursuant to
  913  paragraph (2)(a), water management districts are directed to
  914  assist in developing multijurisdictional approaches to water
  915  supply project development jointly with affected water
  916  utilities, special districts, and local governments.
  917         (4) The South Florida Water Management District shall
  918  include in its regional water supply plan water resource and
  919  water supply development projects that promote the elimination
  920  of wastewater ocean outfalls as provided in s. 403.086(9).
  921         (5) Governing board approval of a regional water supply
  922  plan shall not be subject to the rulemaking requirements of
  923  chapter 120. However, any portion of an approved regional water
  924  supply plan which affects the substantial interests of a party
  925  shall be subject to s. 120.569.
  926         (6) Annually and in conjunction with the reporting
  927  requirements of s. 373.536(6)(a)4., the department shall submit
  928  to the Governor and the Legislature a report on the status of
  929  regional water supply planning in each district. The report
  930  shall include:
  931         (a) A compilation of the estimated costs of and potential
  932  sources of funding for water resource development and water
  933  supply development projects as identified in the water
  934  management district regional water supply plans.
  935         (b) The percentage and amount, by district, of district ad
  936  valorem tax revenues or other district funds made available to
  937  develop alternative water supplies.
  938         (c) A description of each district’s progress toward
  939  achieving its water resource development objectives, including
  940  the district’s implementation of its 5-year water resource
  941  development work program.
  942         (d) An assessment of the specific progress being made to
  943  implement each alternative water supply project option chosen by
  944  the entities and identified for implementation in the plan.
  945         (e) An overall assessment of the progress being made to
  946  develop water supply in each district, including, but not
  947  limited to, an explanation of how each project, either
  948  alternative or traditional, will produce, contribute to, or
  949  account for additional water being made available for
  950  consumptive uses, an estimate of the quantity of water to be
  951  produced by each project, and an assessment of the contribution
  952  of the district’s regional water supply plan in providing
  953  sufficient water to meet the needs of existing and future
  954  reasonable-beneficial uses for a 1-in-10 year drought event, as
  955  well as the needs of the natural systems.
  956         (7) Nothing contained in the water supply development
  957  component of a regional water supply plan shall be construed to
  958  require local governments, government-owned or privately owned
  959  water utilities, special districts, self-suppliers, regional
  960  water supply authorities, multijurisdictional water supply
  961  entities, or other water suppliers to select a water supply
  962  development project identified in the component merely because
  963  it is identified in the plan. Except as provided in s.
  964  373.223(3) and (5), the plan may not be used in the review of
  965  permits under part II of this chapter unless the plan or an
  966  applicable portion thereof has been adopted by rule. However,
  967  this subsection does not prohibit a water management district
  968  from employing the data or other information used to establish
  969  the plan in reviewing permits under part II, nor does it limit
  970  the authority of the department or governing board under part
  971  II.
  972         (8) Where the water supply component of a water supply
  973  planning region shows the need for one or more alternative water
  974  supply projects, the district shall notify the affected local
  975  governments and make every reasonable effort to educate and
  976  involve local public officials in working toward solutions in
  977  conjunction with the districts and, where appropriate, other
  978  local and regional water supply entities.
  979         (a) Within 6 months following approval or amendment of its
  980  regional water supply plan, each water management district shall
  981  notify by certified mail each entity identified in sub
  982  subparagraph (2)(a)3.d. of that portion of the plan relevant to
  983  the entity. Upon request of such an entity, the water management
  984  district shall appear before and present its findings and
  985  recommendations to the entity.
  986         (b) Within 1 year after the notification by a water
  987  management district pursuant to paragraph (a), each entity
  988  identified in sub-subparagraph (2)(a)3.d. shall provide to the
  989  water management district written notification of the following:
  990  the alternative water supply projects or options identified in
  991  paragraph (2)(a) which it has developed or intends to develop,
  992  if any; an estimate of the quantity of water to be produced by
  993  each project; and the status of project implementation,
  994  including development of the financial plan, facilities master
  995  planning, permitting, and efforts in coordinating
  996  multijurisdictional projects, if applicable. The information
  997  provided in the notification shall be updated annually, and a
  998  progress report shall be provided by November 15 of each year to
  999  the water management district. If an entity does not intend to
 1000  develop one or more of the alternative water supply project
 1001  options identified in the regional water supply plan, the entity
 1002  shall propose, within 1 year after notification by a water
 1003  management district pursuant to paragraph (a), another
 1004  alternative water supply project option sufficient to address
 1005  the needs identified in paragraph (2)(a) within the entity’s
 1006  jurisdiction and shall provide an estimate of the quantity of
 1007  water to be produced by the project and the status of project
 1008  implementation as described in this paragraph. The entity may
 1009  request that the water management district consider the other
 1010  project for inclusion in the regional water supply plan.
 1011         (9) For any regional water supply plan that is scheduled to
 1012  be updated before December 31, 2005, the deadline for such
 1013  update shall be extended by 1 year.
 1014         373.711 Technical assistance to local governments.—
 1015         (1) The water management districts shall assist local
 1016  governments in the development and future revision of local
 1017  government comprehensive plan elements or public facilities
 1018  report as required by s. 189.415, related to water resource
 1019  issues.
 1020         (2) By July 1, 1991, each water management district shall
 1021  prepare and provide information and data to assist local
 1022  governments in the preparation and implementation of their local
 1023  government comprehensive plans or public facilities report as
 1024  required by s. 189.415, whichever is applicable. Such
 1025  information and data shall include, but not be limited to:
 1026         (a) All information and data required in a public
 1027  facilities report pursuant to s. 189.415.
 1028         (b) A description of regulations, programs, and schedules
 1029  implemented by the district.
 1030         (c) Identification of regulations, programs, and schedules
 1031  undertaken or proposed by the district to further the State
 1032  Comprehensive Plan.
 1033         (d) A description of surface water basins, including
 1034  regulatory jurisdictions, flood-prone areas, existing and
 1035  projected water quality in water management district operated
 1036  facilities, as well as surface water runoff characteristics and
 1037  topography regarding flood plains, wetlands, and recharge areas.
 1038         (e) A description of groundwater characteristics, including
 1039  existing and planned wellfield sites, existing and anticipated
 1040  cones of influence, highly productive groundwater areas, aquifer
 1041  recharge areas, deep well injection zones, contaminated areas,
 1042  an assessment of regional water resource needs and sources for
 1043  the next 20 years, and water quality.
 1044         (f) The identification of existing and potential water
 1045  management district land acquisitions.
 1046         (g) Information reflecting the minimum flows for surface
 1047  watercourses to avoid harm to water resources or the ecosystem
 1048  and information reflecting the minimum water levels for aquifers
 1049  to avoid harm to water resources or the ecosystem.
 1050         373.713 Regional water supply authorities.—
 1051         (1) By interlocal agreement between counties,
 1052  municipalities, or special districts, as applicable, pursuant to
 1053  the Florida Interlocal Cooperation Act of 1969, s. 163.01, and
 1054  upon the approval of the Secretary of Environmental Protection
 1055  to ensure that such agreement will be in the public interest and
 1056  complies with the intent and purposes of this act, regional
 1057  water supply authorities may be created for the purpose of
 1058  developing, recovering, storing, and supplying water for county
 1059  or municipal purposes in such a manner as will give priority to
 1060  reducing adverse environmental effects of excessive or improper
 1061  withdrawals of water from concentrated areas. In approving said
 1062  agreement the Secretary of Environmental Protection shall
 1063  consider, but not be limited to, the following:
 1064         (a) Whether the geographic territory of the proposed
 1065  authority is of sufficient size and character to reduce the
 1066  environmental effects of improper or excessive withdrawals of
 1067  water from concentrated areas.
 1068         (b) The maximization of economic development of the water
 1069  resources within the territory of the proposed authority.
 1070         (c) The availability of a dependable and adequate water
 1071  supply.
 1072         (d) The ability of any proposed authority to design,
 1073  construct, operate, and maintain water supply facilities in the
 1074  locations, and at the times necessary, to ensure that an
 1075  adequate water supply will be available to all citizens within
 1076  the authority.
 1077         (e) The effect or impact of any proposed authority on any
 1078  municipality, county, or existing authority or authorities.
 1079         (f) The existing needs of the water users within the area
 1080  of the authority.
 1081         (2) In addition to other powers and duties agreed upon, and
 1082  notwithstanding the provisions of s. 163.01, such authority may:
 1083         (a) Upon approval of the electors residing in each county
 1084  or municipality within the territory to be included in any
 1085  authority, levy ad valorem taxes, not to exceed 0.5 mill,
 1086  pursuant to s. 9(b), Art. VII of the State Constitution. No tax
 1087  authorized by this paragraph shall be levied in any county or
 1088  municipality without an affirmative vote of the electors
 1089  residing in such county or municipality.
 1090         (b) Acquire water and water rights; develop, store, and
 1091  transport water; provide, sell, and deliver water for county or
 1092  municipal uses and purposes; and provide for the furnishing of
 1093  such water and water service upon terms and conditions and at
 1094  rates which will apportion to parties and nonparties an
 1095  equitable share of the capital cost and operating expense of the
 1096  authority’s work to the purchaser.
 1097         (c) Collect, treat, and recover wastewater.
 1098         (d) Not engage in local distribution.
 1099         (e) Exercise the power of eminent domain in the manner
 1100  provided by law for the condemnation of private property for
 1101  public use to acquire title to such interest in real property as
 1102  is necessary to the exercise of the powers herein granted,
 1103  except water and water rights already devoted to reasonable and
 1104  beneficial use or any water production or transmission
 1105  facilities owned by any county or municipality.
 1106         (f) Issue revenue bonds in the manner prescribed by the
 1107  Revenue Bond Act of 1953, as amended, part I, chapter 159, to be
 1108  payable solely from funds derived from the sale of water by the
 1109  authority to any county or municipality. Such bonds may be
 1110  additionally secured by the full faith and credit of any county
 1111  or municipality, as provided by s. 159.16 or by a pledge of
 1112  excise taxes, as provided by s. 159.19. For the purpose of
 1113  issuing revenue bonds, an authority shall be considered a “unit”
 1114  as defined in s. 159.02(2) and as that term is used in the
 1115  Revenue Bond Act of 1953, as amended. Such bonds may be issued
 1116  to finance the cost of acquiring properties and facilities for
 1117  the production and transmission of water by the authority to any
 1118  county or municipality, which cost shall include the acquisition
 1119  of real property and easements therein for such purposes. Such
 1120  bonds may be in the form of refunding bonds to take up any
 1121  outstanding bonds of the authority or of any county or
 1122  municipality where such outstanding bonds are secured by
 1123  properties and facilities for production and transmission of
 1124  water, which properties and facilities are being acquired by the
 1125  authority. Refunding bonds may be issued to take up and refund
 1126  all outstanding bonds of said authority that are subject to call
 1127  and termination, and all bonds of said authority that are not
 1128  subject to call or redemption, when the surrender of said bonds
 1129  can be procured from the holder thereof at prices satisfactory
 1130  to the authority. Such refunding bonds may be issued at any time
 1131  when, in the judgment of the authority, it will be to the best
 1132  interest of the authority financially or economically by
 1133  securing a lower rate of interest on said bonds or by extending
 1134  the time of maturity of said bonds or, for any other reason, in
 1135  the judgment of the authority, advantageous to said authority.
 1136         (g) Sue and be sued in its own name.
 1137         (h) Borrow money and incur indebtedness and issue bonds or
 1138  other evidence of such indebtedness.
 1139         (i) Join with one or more other public corporations for the
 1140  purpose of carrying out any of its powers and for that purpose
 1141  to contract with such other public corporation or corporations
 1142  for the purpose of financing such acquisitions, construction,
 1143  and operations. Such contracts may provide for contributions to
 1144  be made by each party thereto, for the division and
 1145  apportionment of the expenses of such acquisitions and
 1146  operations, and for the division and apportionment of the
 1147  benefits, services, and products therefrom. Such contract may
 1148  contain such other and further covenants and agreements as may
 1149  be necessary and convenient to accomplish the purposes hereof.
 1150         (3) A regional water supply authority is authorized to
 1151  develop, construct, operate, maintain, or contract for
 1152  alternative sources of potable water, including desalinated
 1153  water, and pipelines to interconnect authority sources and
 1154  facilities, either by itself or jointly with a water management
 1155  district; however, such alternative potable water sources,
 1156  facilities, and pipelines may also be privately developed,
 1157  constructed, owned, operated, and maintained, in which event an
 1158  authority and a water management district are authorized to
 1159  pledge and contribute their funds to reduce the wholesale cost
 1160  of water from such alternative sources of potable water supplied
 1161  by an authority to its member governments.
 1162         (4) When it is found to be in the public interest, for the
 1163  public convenience and welfare, for a public benefit, and
 1164  necessary for carrying out the purpose of any regional water
 1165  supply authority, any state agency, county, water control
 1166  district existing pursuant to chapter 298, water management
 1167  district existing pursuant to this chapter, municipality,
 1168  governmental agency, or public corporation in this state holding
 1169  title to any interest in land is hereby authorized, in its
 1170  discretion, to convey the title to or dedicate land, title to
 1171  which is in such entity, including tax-reverted land, or to
 1172  grant use-rights therein, to any regional water supply authority
 1173  created pursuant to this section. Land granted or conveyed to
 1174  such authority shall be for the public purposes of such
 1175  authority and may be made subject to the condition that in the
 1176  event said land is not so used, or if used and subsequently its
 1177  use for said purpose is abandoned, the interest granted shall
 1178  cease as to such authority and shall automatically revert to the
 1179  granting entity.
 1180         (5) Each county, special district, or municipality that is
 1181  a party to an agreement pursuant to subsection (1) shall have a
 1182  preferential right to purchase water from the regional water
 1183  supply authority for use by such county, special district, or
 1184  municipality.
 1185         (6) In carrying out the provisions of this section, any
 1186  county wherein water is withdrawn by the authority shall not be
 1187  deprived, directly or indirectly, of the prior right to the
 1188  reasonable and beneficial use of water which is required
 1189  adequately to supply the reasonable and beneficial needs of the
 1190  county or any of the inhabitants or property owners therein.
 1191         (7) Upon a resolution adopted by the governing body of any
 1192  county or municipality, the authority may, subject to a majority
 1193  vote of its voting members, include such county or municipality
 1194  in its regional water supply authority upon such terms and
 1195  conditions as may be prescribed.
 1196         (8) The authority shall design, construct, operate, and
 1197  maintain facilities in the locations and at the times necessary
 1198  to ensure that an adequate water supply will be available to all
 1199  citizens within the authority.
 1200         (9) Where a water supply authority exists pursuant to this
 1201  section or s. 373.715 under a voluntary interlocal agreement
 1202  that is consistent with requirements in s. 373.715(1)(b) and
 1203  receives or maintains consumptive use permits under this
 1204  voluntary agreement consistent with the water supply plan, if
 1205  any, adopted by the governing board, such authority shall be
 1206  exempt from consideration by the governing board or department
 1207  of the factors specified in s. 373.223(3)(a)-(g) and the
 1208  submissions required by s. 373.229(3). Such exemptions shall
 1209  apply only to water sources within the jurisdictional areas of
 1210  such voluntary water supply interlocal agreements.
 1211         373.715 Assistance to West Coast Regional Water Supply
 1212  Authority.—
 1213         (1) It is the intent of the Legislature to authorize the
 1214  implementation of changes in governance recommended by the West
 1215  Coast Regional Water Supply Authority in its reports to the
 1216  Legislature dated February 1, 1997, and January 5, 1998. The
 1217  authority and its member governments may reconstitute the
 1218  authority’s governance and rename the authority under a
 1219  voluntary interlocal agreement with a term of not less than 20
 1220  years. The interlocal agreement must comply with this subsection
 1221  as follows:
 1222         (a) The authority and its member governments agree that
 1223  cooperative efforts are mandatory to meet their water needs in a
 1224  manner that will provide adequate and dependable supplies of
 1225  water where needed without resulting in adverse environmental
 1226  effects upon the areas from which the water is withdrawn or
 1227  otherwise produced.
 1228         (b) In accordance with s. 4, Art. VIII of the State
 1229  Constitution and notwithstanding s. 163.01, the interlocal
 1230  agreement may include the following terms, which are considered
 1231  approved by the parties without a vote of their electors, upon
 1232  execution of the interlocal agreement by all member governments
 1233  and upon satisfaction of all conditions precedent in the
 1234  interlocal agreement:
 1235         1. All member governments shall relinquish to the authority
 1236  their individual rights to develop potable water supply sources,
 1237  except as otherwise provided in the interlocal agreement;
 1238         2. The authority shall be the sole and exclusive wholesale
 1239  potable water supplier for all member governments; and
 1240         3. The authority shall have the absolute and unequivocal
 1241  obligation to meet the wholesale needs of the member governments
 1242  for potable water.
 1243         4. A member government may not restrict or prohibit the use
 1244  of land within a member’s jurisdictional boundaries by the
 1245  authority for water supply purposes through use of zoning, land
 1246  use, comprehensive planning, or other form of regulation.
 1247         5. A member government may not impose any tax, fee, or
 1248  charge upon the authority in conjunction with the production or
 1249  supply of water not otherwise provided for in the interlocal
 1250  agreement.
 1251         6. The authority may use the powers provided in part II of
 1252  chapter 159 for financing and refinancing water treatment,
 1253  production, or transmission facilities, including, but not
 1254  limited to, desalinization facilities. All such water treatment,
 1255  production, or transmission facilities are considered a
 1256  “manufacturing plant” for purposes of s. 159.27(5) and serve a
 1257  paramount public purpose by providing water to citizens of the
 1258  state.
 1259         7. A member government and any governmental or quasi
 1260  judicial board or commission established by local ordinance or
 1261  general or special law where the governing membership of such
 1262  board or commission is shared, in whole or in part, or appointed
 1263  by a member government agreeing to be bound by the interlocal
 1264  agreement shall be limited to the procedures set forth therein
 1265  regarding actions that directly or indirectly restrict or
 1266  prohibit the use of lands or other activities related to the
 1267  production or supply of water.
 1268         (c) The authority shall acquire full or lesser interests in
 1269  all regionally significant member government wholesale water
 1270  supply facilities and tangible assets and each member government
 1271  shall convey such interests in the facilities and assets to the
 1272  authority, at an agreed value.
 1273         (d) The authority shall charge a uniform per gallon
 1274  wholesale rate to member governments for the wholesale supply of
 1275  potable water. All capital, operation, maintenance, and
 1276  administrative costs for existing facilities and acquired
 1277  facilities, authority master water plan facilities, and other
 1278  future projects must be allocated to member governments based on
 1279  water usage at the uniform per gallon wholesale rate.
 1280         (e) The interlocal agreement may include procedures for
 1281  resolving the parties’ differences regarding water management
 1282  district proposed agency action in the water use permitting
 1283  process within the authority. Such procedures should minimize
 1284  the potential for litigation and include alternative dispute
 1285  resolution. Any governmental or quasi-judicial board or
 1286  commission established by local ordinance or general or special
 1287  law where the governing members of such board or commission is
 1288  shared, in whole or in part, or appointed by a member
 1289  government, may agree to be bound by the dispute resolution
 1290  procedures set forth in the interlocal agreement.
 1291         (f) Upon execution of the voluntary interlocal agreement
 1292  provided for herein, the authority shall jointly develop with
 1293  the Southwest Florida Water Management District alternative
 1294  sources of potable water and transmission pipelines to
 1295  interconnect regionally significant water supply sources and
 1296  facilities of the authority in amounts sufficient to meet the
 1297  needs of all member governments for a period of at least 20
 1298  years and for natural systems. Nothing herein, however, shall
 1299  preclude the authority and its member governments from
 1300  developing traditional water sources pursuant to the voluntary
 1301  interlocal agreement. Development and construction costs for
 1302  alternative source facilities, which may include a desalination
 1303  facility and significant regional interconnects, must be borne
 1304  as mutually agreed to by both the authority and the Southwest
 1305  Florida Water Management District. Nothing herein shall preclude
 1306  authority or district cost sharing with private entities for the
 1307  construction or ownership of alternative source facilities. By
 1308  December 31, 1997, the authority and the Southwest Florida Water
 1309  Management District shall enter into a mutually acceptable
 1310  agreement detailing the development and implementation of
 1311  directives contained in this paragraph. Nothing in this section
 1312  shall be construed to modify the rights or responsibilities of
 1313  the authority or its member governments, except as otherwise
 1314  provided herein, or of the Southwest Florida Water Management
 1315  District or the department pursuant to this chapter or chapter
 1316  403 and as otherwise set forth by statutes.
 1317         (g) Unless otherwise provided in the interlocal agreement,
 1318  the authority shall be governed by a board of commissioners
 1319  consisting of nine voting members, all of whom must be elected
 1320  officers, as follows:
 1321         1. Three members from Hillsborough County who must be
 1322  selected by the county commission; provided, however, that one
 1323  member shall be selected by the Mayor of Tampa in the event that
 1324  the City of Tampa elects to be a member of the authority;
 1325         2. Three members from Pasco County, two of whom must be
 1326  selected by the county commission and one of whom must be
 1327  selected by the City Council of New Port Richey; and
 1328         3. Three members from Pinellas County, two of whom must be
 1329  selected by the county commission and one of whom must be
 1330  selected by the City Council of St. Petersburg.
 1331  
 1332  Except as otherwise provided in this section or in the voluntary
 1333  interlocal agreement between the member governments, a majority
 1334  vote shall bind the authority and its member governments in all
 1335  matters relating to the funding of wholesale water supply,
 1336  production, delivery, and related activities.
 1337         (2) The provisions of this section supersede any
 1338  conflicting provisions contained in all other general or special
 1339  laws or provisions thereof as they may apply directly or
 1340  indirectly to the exclusivity of water supply or withdrawal of
 1341  water, including provisions relating to the environmental
 1342  effects, if any, in conjunction with the production and supply
 1343  of potable water, and the provisions of this section are
 1344  intended to be a complete revision of all laws related to a
 1345  regional water supply authority created under s. 373.713 and
 1346  this section.
 1347         (3) In lieu of the provisions in s. 373.713(2)(a), the
 1348  Southwest Florida Water Management District shall assist the
 1349  West Coast Regional Water Supply Authority for a period of 5
 1350  years, terminating December 31, 1981, by levying an ad valorem
 1351  tax, upon request of the authority, of not more than 0.05 mill
 1352  on all taxable property within the limits of the authority.
 1353  During such period the corresponding basin board ad valorem tax
 1354  levies shall be reduced accordingly.
 1355         (4) The authority shall prepare its annual budget in the
 1356  same manner as prescribed for the preparation of basin budgets,
 1357  but such authority budget shall not be subject to review by the
 1358  respective basin boards or by the governing board of the
 1359  district.
 1360         (5) The annual millage for the authority shall be the
 1361  amount required to raise the amount called for by the annual
 1362  budget when applied to the total assessment on all taxable
 1363  property within the limits of the authority, as determined for
 1364  county taxing purposes.
 1365         (6) The authority may, by resolution, request the governing
 1366  board of the district to levy ad valorem taxes within the
 1367  boundaries of the authority. Upon receipt of such request,
 1368  together with formal certification of the adoption of its annual
 1369  budget and of the required tax levy, the authority tax levy
 1370  shall be made by the governing board of the district to finance
 1371  authority functions.
 1372         (7) The taxes provided for in this section shall be
 1373  extended by the property appraiser on the county tax roll in
 1374  each county within, or partly within, the authority boundaries
 1375  and shall be collected by the tax collector in the same manner
 1376  and time as county taxes, and the proceeds therefrom paid to the
 1377  district which shall forthwith pay them over to the authority.
 1378  Until paid, such taxes shall be a lien on the property against
 1379  which assessed and enforceable in like manner as county taxes.
 1380  The property appraisers, tax collectors, and clerks of the
 1381  circuit court of the respective counties shall be entitled to
 1382  compensation for services performed in connection with such
 1383  taxes at the same rates as apply to county taxes.
 1384         (8) The governing board of the district shall not be
 1385  responsible for any actions or lack of actions by the authority.
 1386         Section 2. Subsection (13) of section 120.52, Florida
 1387  Statutes, is amended to read:
 1388         120.52 Definitions.—As used in this act:
 1389         (13) “Party” means:
 1390         (a) Specifically named persons whose substantial interests
 1391  are being determined in the proceeding.
 1392         (b) Any other person who, as a matter of constitutional
 1393  right, provision of statute, or provision of agency regulation,
 1394  is entitled to participate in whole or in part in the
 1395  proceeding, or whose substantial interests will be affected by
 1396  proposed agency action, and who makes an appearance as a party.
 1397         (c) Any other person, including an agency staff member,
 1398  allowed by the agency to intervene or participate in the
 1399  proceeding as a party. An agency may by rule authorize limited
 1400  forms of participation in agency proceedings for persons who are
 1401  not eligible to become parties.
 1402         (d) Any county representative, agency, department, or unit
 1403  funded and authorized by state statute or county ordinance to
 1404  represent the interests of the consumers of a county, when the
 1405  proceeding involves the substantial interests of a significant
 1406  number of residents of the county and the board of county
 1407  commissioners has, by resolution, authorized the representative,
 1408  agency, department, or unit to represent the class of interested
 1409  persons. The authorizing resolution shall apply to a specific
 1410  proceeding and to appeals and ancillary proceedings thereto, and
 1411  it shall not be required to state the names of the persons whose
 1412  interests are to be represented.
 1413  
 1414  The term “party” does not include a member government of a
 1415  regional water supply authority or a governmental or quasi
 1416  judicial board or commission established by local ordinance or
 1417  special or general law where the governing membership of such
 1418  board or commission is shared with, in whole or in part, or
 1419  appointed by a member government of a regional water supply
 1420  authority in proceedings under s. 120.569, s. 120.57, or s.
 1421  120.68, to the extent that an interlocal agreement under ss.
 1422  163.01 and 373.713 373.1962 exists in which the member
 1423  government has agreed that its substantial interests are not
 1424  affected by the proceedings or that it is to be bound by
 1425  alternative dispute resolution in lieu of participating in the
 1426  proceedings. This exclusion applies only to those particular
 1427  types of disputes or controversies, if any, identified in an
 1428  interlocal agreement.
 1429         Section 3. Subsection (13) of section 163.3167, Florida
 1430  Statutes, is amended to read:
 1431         163.3167 Scope of act.—
 1432         (13) Each local government shall address in its
 1433  comprehensive plan, as enumerated in this chapter, the water
 1434  supply sources necessary to meet and achieve the existing and
 1435  projected water use demand for the established planning period,
 1436  considering the applicable plan developed pursuant to s. 373.709
 1437  373.0361.
 1438         Section 4. Paragraph (a) of subsection (4) and paragraphs
 1439  (c), (d), and (h) of subsection (6) of section 163.3177, Florida
 1440  Statutes, are amended to read:
 1441         163.3177 Required and optional elements of comprehensive
 1442  plan; studies and surveys.—
 1443         (4)(a) Coordination of the local comprehensive plan with
 1444  the comprehensive plans of adjacent municipalities, the county,
 1445  adjacent counties, or the region; with the appropriate water
 1446  management district’s regional water supply plans approved
 1447  pursuant to s. 373.709 373.0361; with adopted rules pertaining
 1448  to designated areas of critical state concern; and with the
 1449  state comprehensive plan shall be a major objective of the local
 1450  comprehensive planning process. To that end, in the preparation
 1451  of a comprehensive plan or element thereof, and in the
 1452  comprehensive plan or element as adopted, the governing body
 1453  shall include a specific policy statement indicating the
 1454  relationship of the proposed development of the area to the
 1455  comprehensive plans of adjacent municipalities, the county,
 1456  adjacent counties, or the region and to the state comprehensive
 1457  plan, as the case may require and as such adopted plans or plans
 1458  in preparation may exist.
 1459         (6) In addition to the requirements of subsections (1)-(5)
 1460  and (12), the comprehensive plan shall include the following
 1461  elements:
 1462         (c) A general sanitary sewer, solid waste, drainage,
 1463  potable water, and natural groundwater aquifer recharge element
 1464  correlated to principles and guidelines for future land use,
 1465  indicating ways to provide for future potable water, drainage,
 1466  sanitary sewer, solid waste, and aquifer recharge protection
 1467  requirements for the area. The element may be a detailed
 1468  engineering plan including a topographic map depicting areas of
 1469  prime groundwater recharge. The element shall describe the
 1470  problems and needs and the general facilities that will be
 1471  required for solution of the problems and needs. The element
 1472  shall also include a topographic map depicting any areas adopted
 1473  by a regional water management district as prime groundwater
 1474  recharge areas for the Floridan or Biscayne aquifers. These
 1475  areas shall be given special consideration when the local
 1476  government is engaged in zoning or considering future land use
 1477  for said designated areas. For areas served by septic tanks,
 1478  soil surveys shall be provided which indicate the suitability of
 1479  soils for septic tanks. Within 18 months after the governing
 1480  board approves an updated regional water supply plan, the
 1481  element must incorporate the alternative water supply project or
 1482  projects selected by the local government from those identified
 1483  in the regional water supply plan pursuant to s. 373.709(2)(a)
 1484  373.0361(2)(a) or proposed by the local government under s.
 1485  373.709(8)(b) 373.0361(8)(b). If a local government is located
 1486  within two water management districts, the local government
 1487  shall adopt its comprehensive plan amendment within 18 months
 1488  after the later updated regional water supply plan. The element
 1489  must identify such alternative water supply projects and
 1490  traditional water supply projects and conservation and reuse
 1491  necessary to meet the water needs identified in s. 373.709(2)(a)
 1492  373.0361(2)(a) within the local government’s jurisdiction and
 1493  include a work plan, covering at least a 10 year planning
 1494  period, for building public, private, and regional water supply
 1495  facilities, including development of alternative water supplies,
 1496  which are identified in the element as necessary to serve
 1497  existing and new development. The work plan shall be updated, at
 1498  a minimum, every 5 years within 18 months after the governing
 1499  board of a water management district approves an updated
 1500  regional water supply plan. Amendments to incorporate the work
 1501  plan do not count toward the limitation on the frequency of
 1502  adoption of amendments to the comprehensive plan. Local
 1503  governments, public and private utilities, regional water supply
 1504  authorities, special districts, and water management districts
 1505  are encouraged to cooperatively plan for the development of
 1506  multijurisdictional water supply facilities that are sufficient
 1507  to meet projected demands for established planning periods,
 1508  including the development of alternative water sources to
 1509  supplement traditional sources of groundwater and surface water
 1510  supplies.
 1511         (d) A conservation element for the conservation, use, and
 1512  protection of natural resources in the area, including air,
 1513  water, water recharge areas, wetlands, waterwells, estuarine
 1514  marshes, soils, beaches, shores, flood plains, rivers, bays,
 1515  lakes, harbors, forests, fisheries and wildlife, marine habitat,
 1516  minerals, and other natural and environmental resources,
 1517  including factors that affect energy conservation. Local
 1518  governments shall assess their current, as well as projected,
 1519  water needs and sources for at least a 10-year period,
 1520  considering the appropriate regional water supply plan approved
 1521  pursuant to s. 373.709 373.0361, or, in the absence of an
 1522  approved regional water supply plan, the district water
 1523  management plan approved pursuant to s. 373.036(2). This
 1524  information shall be submitted to the appropriate agencies. The
 1525  land use map or map series contained in the future land use
 1526  element shall generally identify and depict the following:
 1527         1. Existing and planned waterwells and cones of influence
 1528  where applicable.
 1529         2. Beaches and shores, including estuarine systems.
 1530         3. Rivers, bays, lakes, flood plains, and harbors.
 1531         4. Wetlands.
 1532         5. Minerals and soils.
 1533         6. Energy conservation.
 1534  
 1535  The land uses identified on such maps shall be consistent with
 1536  applicable state law and rules.
 1537         (h)1. An intergovernmental coordination element showing
 1538  relationships and stating principles and guidelines to be used
 1539  in the accomplishment of coordination of the adopted
 1540  comprehensive plan with the plans of school boards, regional
 1541  water supply authorities, and other units of local government
 1542  providing services but not having regulatory authority over the
 1543  use of land, with the comprehensive plans of adjacent
 1544  municipalities, the county, adjacent counties, or the region,
 1545  with the state comprehensive plan and with the applicable
 1546  regional water supply plan approved pursuant to s. 373.709
 1547  373.0361, as the case may require and as such adopted plans or
 1548  plans in preparation may exist. This element of the local
 1549  comprehensive plan shall demonstrate consideration of the
 1550  particular effects of the local plan, when adopted, upon the
 1551  development of adjacent municipalities, the county, adjacent
 1552  counties, or the region, or upon the state comprehensive plan,
 1553  as the case may require.
 1554         a. The intergovernmental coordination element shall provide
 1555  procedures to identify and implement joint planning areas,
 1556  especially for the purpose of annexation, municipal
 1557  incorporation, and joint infrastructure service areas.
 1558         b. The intergovernmental coordination element shall provide
 1559  for recognition of campus master plans prepared pursuant to s.
 1560  1013.30 and airport master plans under paragraph(k).
 1561         c. The intergovernmental coordination element shall provide
 1562  for a dispute resolution process as established pursuant to s.
 1563  186.509 for bringing to closure in a timely manner
 1564  intergovernmental disputes.
 1565         d. The intergovernmental coordination element shall provide
 1566  for interlocal agreements as established pursuant to s.
 1567  333.03(1)(b).
 1568         2. The intergovernmental coordination element shall further
 1569  state principles and guidelines to be used in the accomplishment
 1570  of coordination of the adopted comprehensive plan with the plans
 1571  of school boards and other units of local government providing
 1572  facilities and services but not having regulatory authority over
 1573  the use of land. In addition, the intergovernmental coordination
 1574  element shall describe joint processes for collaborative
 1575  planning and decisionmaking on population projections and public
 1576  school siting, the location and extension of public facilities
 1577  subject to concurrency, and siting facilities with countywide
 1578  significance, including locally unwanted land uses whose nature
 1579  and identity are established in an agreement. Within 1 year of
 1580  adopting their intergovernmental coordination elements, each
 1581  county, all the municipalities within that county, the district
 1582  school board, and any unit of local government service providers
 1583  in that county shall establish by interlocal or other formal
 1584  agreement executed by all affected entities, the joint processes
 1585  described in this subparagraph consistent with their adopted
 1586  intergovernmental coordination elements.
 1587         3. To foster coordination between special districts and
 1588  local general-purpose governments as local general-purpose
 1589  governments implement local comprehensive plans, each
 1590  independent special district must submit a public facilities
 1591  report to the appropriate local government as required by s.
 1592  189.415.
 1593         4.a. Local governments shall execute an interlocal
 1594  agreement with the district school board, the county, and
 1595  nonexempt municipalities pursuant to s. 163.31777. The local
 1596  government shall amend the intergovernmental coordination
 1597  element to provide that coordination between the local
 1598  government and school board is pursuant to the agreement and
 1599  shall state the obligations of the local government under the
 1600  agreement.
 1601         b. Plan amendments that comply with this subparagraph are
 1602  exempt from the provisions of s. 163.3187(1).
 1603         5. The state land planning agency shall establish a
 1604  schedule for phased completion and transmittal of plan
 1605  amendments to implement subparagraphs 1., 2., and 3. from all
 1606  jurisdictions so as to accomplish their adoption by December 31,
 1607  1999. A local government may complete and transmit its plan
 1608  amendments to carry out these provisions prior to the scheduled
 1609  date established by the state land planning agency. The plan
 1610  amendments are exempt from the provisions of s. 163.3187(1).
 1611         6. By January 1, 2004, any county having a population
 1612  greater than 100,000, and the municipalities and special
 1613  districts within that county, shall submit a report to the
 1614  Department of Community Affairs which:
 1615         a. Identifies all existing or proposed interlocal service
 1616  delivery agreements regarding the following: education; sanitary
 1617  sewer; public safety; solid waste; drainage; potable water;
 1618  parks and recreation; and transportation facilities.
 1619         b. Identifies any deficits or duplication in the provision
 1620  of services within its jurisdiction, whether capital or
 1621  operational. Upon request, the Department of Community Affairs
 1622  shall provide technical assistance to the local governments in
 1623  identifying deficits or duplication.
 1624         7. Within 6 months after submission of the report, the
 1625  Department of Community Affairs shall, through the appropriate
 1626  regional planning council, coordinate a meeting of all local
 1627  governments within the regional planning area to discuss the
 1628  reports and potential strategies to remedy any identified
 1629  deficiencies or duplications.
 1630         8. Each local government shall update its intergovernmental
 1631  coordination element based upon the findings in the report
 1632  submitted pursuant to subparagraph 6. The report may be used as
 1633  supporting data and analysis for the intergovernmental
 1634  coordination element.
 1635         Section 5. Paragraph (l) of subsection (2) of section
 1636  163.3191, Florida Statutes, is amended to read:
 1637         163.3191 Evaluation and appraisal of comprehensive plan.—
 1638         (2) The report shall present an evaluation and assessment
 1639  of the comprehensive plan and shall contain appropriate
 1640  statements to update the comprehensive plan, including, but not
 1641  limited to, words, maps, illustrations, or other media, related
 1642  to:
 1643         (l) The extent to which the local government has been
 1644  successful in identifying alternative water supply projects and
 1645  traditional water supply projects, including conservation and
 1646  reuse, necessary to meet the water needs identified in s.
 1647  373.709(2)(a) 373.0361(2)(a) within the local government’s
 1648  jurisdiction. The report must evaluate the degree to which the
 1649  local government has implemented the work plan for building
 1650  public, private, and regional water supply facilities, including
 1651  development of alternative water supplies, identified in the
 1652  element as necessary to serve existing and new development.
 1653         Section 6. Paragraphs (c) and (d) of subsection (4) of
 1654  section 189.404, Florida Statutes, are amended to read:
 1655         189.404 Legislative intent for the creation of independent
 1656  special districts; special act prohibitions; model elements and
 1657  other requirements; general-purpose local government/Governor
 1658  and Cabinet creation authorizations.—
 1659         (4) LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION
 1660  AUTHORIZATIONS.—Except as otherwise authorized by general law,
 1661  only the Legislature may create independent special districts.
 1662         (c) The Governor and Cabinet may create an independent
 1663  special district which shall be established by rule in
 1664  accordance with s. 190.005 or as otherwise authorized in general
 1665  law. The Governor and Cabinet may also approve the establishment
 1666  of a charter for the creation of an independent special district
 1667  which shall be in accordance with s. 373.713 373.1962, or as
 1668  otherwise authorized in general law.
 1669         (d)1. Any combination of two or more counties may create a
 1670  regional special district which shall be established in
 1671  accordance with s. 950.001, or as otherwise authorized in
 1672  general law.
 1673         2. Any combination of two or more counties or
 1674  municipalities may create a regional special district which
 1675  shall be established in accordance with s. 373.713 373.1962, or
 1676  as otherwise authorized by general law.
 1677         3. Any combination of two or more counties, municipalities,
 1678  or other political subdivisions may create a regional special
 1679  district in accordance with s. 163.567, or as otherwise
 1680  authorized in general law.
 1681         Section 7. Subsection (3) of section 189.4155, Florida
 1682  Statutes, is amended to read:
 1683         189.4155 Activities of special districts; local government
 1684  comprehensive planning.—
 1685         (3) The provisions of this section shall not apply to water
 1686  management districts created pursuant to s. 373.069, to regional
 1687  water supply authorities created pursuant to s. 373.713
 1688  373.1962, or to spoil disposal sites owned or used by the
 1689  Federal Government.
 1690         Section 8. Section 189.4156, Florida Statutes, is amended
 1691  to read:
 1692         189.4156 Water management district technical assistance;
 1693  local government comprehensive planning.—Water management
 1694  districts shall assist local governments in the development of
 1695  local government comprehensive plan elements related to water
 1696  resource issues as required by s. 373.711 373.0391.
 1697         Section 9. Subsection (7) of section 367.021, Florida
 1698  Statutes, is amended to read:
 1699         367.021 Definitions.—As used in this chapter, the following
 1700  words or terms shall have the meanings indicated:
 1701         (7) “Governmental authority” means a political subdivision,
 1702  as defined by s. 1.01(8), a regional water supply authority
 1703  created pursuant to s. 373.713 373.1962, or a nonprofit
 1704  corporation formed for the purpose of acting on behalf of a
 1705  political subdivision with respect to a water or wastewater
 1706  facility.
 1707         Section 10. Subsections (1) and (17) of section 373.019,
 1708  Florida Statutes, are amended to read:
 1709         373.019 Definitions.—When appearing in this chapter or in
 1710  any rule, regulation, or order adopted pursuant thereto, the
 1711  term:
 1712         (1) “Alternative water supplies” means salt water; brackish
 1713  surface and groundwater; surface water captured predominately
 1714  during wet-weather flows; sources made available through the
 1715  addition of new storage capacity for surface or groundwater,
 1716  water that has been reclaimed after one or more public supply,
 1717  municipal, industrial, commercial, or agricultural uses; the
 1718  downstream augmentation of water bodies with reclaimed water;
 1719  stormwater; and any other water supply source that is designated
 1720  as nontraditional for a water supply planning region in the
 1721  applicable regional water supply plan.
 1722         (17) “Regional water supply plan” means a detailed water
 1723  supply plan developed by a governing board under s. 373.709 s.
 1724  373.0361.
 1725         Section 11. Paragraph (b) of subsection (2) and paragraph
 1726  (b) of subsection (7) of section 373.036, Florida Statutes, are
 1727  amended to read:
 1728         373.036 Florida water plan; district water management
 1729  plans.—
 1730         (2) DISTRICT WATER MANAGEMENT PLANS.—
 1731         (b) The district water management plan shall include, but
 1732  not be limited to:
 1733         1. The scientific methodologies for establishing minimum
 1734  flows and levels under s. 373.042, and all established minimum
 1735  flows and levels.
 1736         2. Identification of one or more water supply planning
 1737  regions that singly or together encompass the entire district.
 1738         3. Technical data and information prepared under s. 373.711
 1739  373.0391.
 1740         4. A districtwide water supply assessment, to be completed
 1741  no later than July 1, 1998, which determines for each water
 1742  supply planning region:
 1743         a. Existing legal uses, reasonably anticipated future
 1744  needs, and existing and reasonably anticipated sources of water
 1745  and conservation efforts; and
 1746         b. Whether existing and reasonably anticipated sources of
 1747  water and conservation efforts are adequate to supply water for
 1748  all existing legal uses and reasonably anticipated future needs
 1749  and to sustain the water resources and related natural systems.
 1750         5. Any completed regional water supply plans.
 1751         (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.—
 1752         (b) The consolidated annual report shall contain the
 1753  following elements, as appropriate to that water management
 1754  district:
 1755         1. A district water management plan annual report or the
 1756  annual work plan report allowed in subparagraph (2)(e)4.
 1757         2. The department-approved minimum flows and levels annual
 1758  priority list and schedule required by s. 373.042(2).
 1759         3. The annual 5-year capital improvements plan required by
 1760  s. 373.536(6)(a)3.
 1761         4. The alternative water supplies annual report required by
 1762  s. 373.707(8)(n) 373.1961(3)(n).
 1763         5. The final annual 5-year water resource development work
 1764  program required by s. 373.536(6)(a)4.
 1765         6. The Florida Forever Water Management District Work Plan
 1766  annual report required by s. 373.199(7).
 1767         7. The mitigation donation annual report required by s.
 1768  373.414(1)(b)2.
 1769         Section 12. Paragraphs (a) and (e) of subsection (4) of
 1770  section 373.0363, Florida Statutes, are amended to read:
 1771         373.0363 Southern Water Use Caution Area Recovery
 1772  Strategy.—
 1773         (4) The West-Central Florida Water Restoration Action Plan
 1774  includes:
 1775         (a) The Central West Coast Surface Water Enhancement
 1776  Initiative. The purpose of this initiative is to make additional
 1777  surface waters available for public supply through restoration
 1778  of surface waters, natural water flows, and freshwater wetland
 1779  communities. This initiative is designed to allow limits on
 1780  groundwater withdrawals in order to slow the rate of saltwater
 1781  intrusion. The initiative shall be an ongoing program in
 1782  cooperation with the Peace River-Manasota Regional Water Supply
 1783  Authority created under s. 373.713 373.1962.
 1784         (e) The Central Florida Water Resource Development
 1785  Initiative. The purpose of this initiative is to create and
 1786  implement a long-term plan that takes a comprehensive approach
 1787  to limit ground water withdrawals in the Southern Water Use
 1788  Caution Area and to identify and develop alternative water
 1789  supplies for Polk County. The project components developed
 1790  pursuant to this initiative are eligible for state and regional
 1791  funding under s. 373.707 373.196 as an alternative water supply,
 1792  as defined in s. 373.019, or as a supplemental water supply
 1793  under the rules of the Southwest Florida Water Management
 1794  District or the South Florida Water Management District. The
 1795  initiative shall be implemented by the district as an ongoing
 1796  program in cooperation with Polk County and the South Florida
 1797  Water Management District.
 1798         Section 13. Subsection (2) of section 373.0421, Florida
 1799  Statutes, is amended to read:
 1800         373.0421 Establishment and implementation of minimum flows
 1801  and levels.—
 1802         (2) If the existing flow or level in a water body is below,
 1803  or is projected to fall within 20 years below, the applicable
 1804  minimum flow or level established pursuant to s. 373.042, the
 1805  department or governing board, as part of the regional water
 1806  supply plan described in s. 373.709 373.0361, shall
 1807  expeditiously implement a recovery or prevention strategy, which
 1808  includes the development of additional water supplies and other
 1809  actions, consistent with the authority granted by this chapter,
 1810  to:
 1811         (a) Achieve recovery to the established minimum flow or
 1812  level as soon as practicable; or
 1813         (b) Prevent the existing flow or level from falling below
 1814  the established minimum flow or level.
 1815  
 1816  The recovery or prevention strategy shall include phasing or a
 1817  timetable which will allow for the provision of sufficient water
 1818  supplies for all existing and projected reasonable-beneficial
 1819  uses, including development of additional water supplies and
 1820  implementation of conservation and other efficiency measures
 1821  concurrent with, to the extent practical, and to offset,
 1822  reductions in permitted withdrawals, consistent with the
 1823  provisions of this chapter.
 1824         Section 14. Subsection (4) of section 373.0695, Florida
 1825  Statutes, is amended to read:
 1826         373.0695 Duties of basin boards; authorized expenditures.—
 1827         (4) In the exercise of the duties and powers granted
 1828  herein, the basin boards shall be subject to all the limitations
 1829  and restrictions imposed on the water management districts in s.
 1830  373.703 373.1961.
 1831         Section 15. Subsections (3) and (5) of section 373.223,
 1832  Florida Statutes, are amended to read:
 1833         373.223 Conditions for a permit.—
 1834         (3) Except for the transport and use of water supplied by
 1835  the Central and Southern Florida Flood Control Project, and
 1836  anywhere in the state when the transport and use of water is
 1837  supplied exclusively for bottled water as defined in s.
 1838  500.03(1)(d), any water use permit applications pending as of
 1839  April 1, 1998, with the Northwest Florida Water Management
 1840  District and self-suppliers of water for which the proposed
 1841  water source and area of use or application are located on
 1842  contiguous private properties, when evaluating whether a
 1843  potential transport and use of ground or surface water across
 1844  county boundaries is consistent with the public interest,
 1845  pursuant to paragraph (1)(c), the governing board or department
 1846  shall consider:
 1847         (a) The proximity of the proposed water source to the area
 1848  of use or application.
 1849         (b) All impoundments, streams, groundwater sources, or
 1850  watercourses that are geographically closer to the area of use
 1851  or application than the proposed source, and that are
 1852  technically and economically feasible for the proposed transport
 1853  and use.
 1854         (c) All economically and technically feasible alternatives
 1855  to the proposed source, including, but not limited to,
 1856  desalination, conservation, reuse of nonpotable reclaimed water
 1857  and stormwater, and aquifer storage and recovery.
 1858         (d) The potential environmental impacts that may result
 1859  from the transport and use of water from the proposed source,
 1860  and the potential environmental impacts that may result from use
 1861  of the other water sources identified in paragraphs (b) and (c).
 1862         (e) Whether existing and reasonably anticipated sources of
 1863  water and conservation efforts are adequate to supply water for
 1864  existing legal uses and reasonably anticipated future needs of
 1865  the water supply planning region in which the proposed water
 1866  source is located.
 1867         (f) Consultations with local governments affected by the
 1868  proposed transport and use.
 1869         (g) The value of the existing capital investment in water
 1870  related infrastructure made by the applicant.
 1871  
 1872  Where districtwide water supply assessments and regional water
 1873  supply plans have been prepared pursuant to ss. 373.036 and
 1874  373.709 373.0361, the governing board or the department shall
 1875  use the applicable plans and assessments as the basis for its
 1876  consideration of the applicable factors in this subsection.
 1877         (5) In evaluating an application for consumptive use of
 1878  water which proposes the use of an alternative water supply
 1879  project as described in the regional water supply plan and
 1880  provides reasonable assurances of the applicant’s capability to
 1881  design, construct, operate, and maintain the project, the
 1882  governing board or department shall presume that the alternative
 1883  water supply use is consistent with the public interest under
 1884  paragraph (1)(c). However, where the governing board identifies
 1885  the need for a multijurisdictional water supply entity or
 1886  regional water supply authority to develop the alternative water
 1887  supply project pursuant to s. 373.709(2)(a)2. 373.0361(2)(a)2.,
 1888  the presumption shall be accorded only to that use proposed by
 1889  such entity or authority. This subsection does not effect
 1890  evaluation of the use pursuant to the provisions of paragraphs
 1891  (1)(a) and (b), subsections (2) and (3), and ss. 373.2295 and
 1892  373.233.
 1893         Section 16. Section 373.2234, Florida Statutes, is amended
 1894  to read:
 1895         373.2234 Preferred water supply sources.—The governing
 1896  board of a water management district is authorized to adopt
 1897  rules that identify preferred water supply sources for
 1898  consumptive uses for which there is sufficient data to establish
 1899  that a preferred source will provide a substantial new water
 1900  supply to meet the existing and projected reasonable-beneficial
 1901  uses of a water supply planning region identified pursuant to s.
 1902  373.709(1) 373.0361(1), while sustaining existing water
 1903  resources and natural systems. At a minimum, such rules must
 1904  contain a description of the preferred water supply source and
 1905  an assessment of the water the preferred source is projected to
 1906  produce. If an applicant proposes to use a preferred water
 1907  supply source, that applicant’s proposed water use is subject to
 1908  s. 373.223(1), except that the proposed use of a preferred water
 1909  supply source must be considered by a water management district
 1910  when determining whether a permit applicant’s proposed use of
 1911  water is consistent with the public interest pursuant to s.
 1912  373.223(1)(c). A consumptive use permit issued for the use of a
 1913  preferred water supply source must be granted, when requested by
 1914  the applicant, for at least a 20-year period and may be subject
 1915  to the compliance reporting provisions of s. 373.236(4). Nothing
 1916  in this section shall be construed to exempt the use of
 1917  preferred water supply sources from the provisions of ss.
 1918  373.016(4) and 373.223(2) and (3), or be construed to provide
 1919  that permits issued for the use of a nonpreferred water supply
 1920  source must be issued for a duration of less than 20 years or
 1921  that the use of a nonpreferred water supply source is not
 1922  consistent with the public interest. Additionally, nothing in
 1923  this section shall be interpreted to require the use of a
 1924  preferred water supply source or to restrict or prohibit the use
 1925  of a nonpreferred water supply source. Rules adopted by the
 1926  governing board of a water management district to implement this
 1927  section shall specify that the use of a preferred water supply
 1928  source is not required and that the use of a nonpreferred water
 1929  supply source is not restricted or prohibited.
 1930         Section 17. Subsection (3) of section 373.229, Florida
 1931  Statutes, is amended to read:
 1932         373.229 Application for permit.—
 1933         (3) In addition to the information required in subsection
 1934  (1), all permit applications filed with the governing board or
 1935  the department which propose the transport and use of water
 1936  across county boundaries shall include information pertaining to
 1937  factors to be considered, pursuant to s. 373.223(3), unless
 1938  exempt under s. 373.713(9) 373.1962(9).
 1939         Section 18. Paragraph (a) of subsection (6) of section
 1940  373.236, Florida Statutes, is amended to read:
 1941         373.236 Duration of permits; compliance reports.—
 1942         (6)(a) The Legislature finds that the need for alternative
 1943  water supply development projects to meet anticipated public
 1944  water supply demands of the state is so important that it is
 1945  essential to encourage participation in and contribution to
 1946  these projects by private-rural-land owners who
 1947  characteristically have relatively modest near-term water
 1948  demands but substantially increasing demands after the 20-year
 1949  planning period in s. 373.709 373.0361. Therefore, where such
 1950  landowners make extraordinary contributions of lands or
 1951  construction funding to enable the expeditious implementation of
 1952  such projects, water management districts and the department may
 1953  grant permits for such projects for a period of up to 50 years
 1954  to municipalities, counties, special districts, regional water
 1955  supply authorities, multijurisdictional water supply entities,
 1956  and publicly or privately owned utilities, with the exception of
 1957  any publicly or privately owned utilities created for or by a
 1958  private landowner after April 1, 2008, which have entered into
 1959  an agreement with the private landowner for the purpose of more
 1960  efficiently pursuing alternative public water supply development
 1961  projects identified in a district’s regional water supply plan
 1962  and meeting water demands of both the applicant and the
 1963  landowner.
 1964         Section 19. Paragraph (a) of subsection (6) of section
 1965  373.536, Florida Statutes, is amended to read:
 1966         373.536 District budget and hearing thereon.—
 1967         (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
 1968  WATER RESOURCE DEVELOPMENT WORK PROGRAM.—
 1969         (a) Each district must, by the date specified for each
 1970  item, furnish copies of the following documents to the Governor,
 1971  the President of the Senate, the Speaker of the House of
 1972  Representatives, the chairs of all legislative committees and
 1973  subcommittees having substantive or fiscal jurisdiction over the
 1974  districts, as determined by the President of the Senate or the
 1975  Speaker of the House of Representatives as applicable, the
 1976  secretary of the department, and the governing board of each
 1977  county in which the district has jurisdiction or derives any
 1978  funds for the operations of the district:
 1979         1. The adopted budget, to be furnished within 10 days after
 1980  its adoption.
 1981         2. A financial audit of its accounts and records, to be
 1982  furnished within 10 days after its acceptance by the governing
 1983  board. The audit must be conducted in accordance with the
 1984  provisions of s. 11.45 and the rules adopted thereunder. In
 1985  addition to the entities named above, the district must provide
 1986  a copy of the audit to the Auditor General within 10 days after
 1987  its acceptance by the governing board.
 1988         3. A 5-year capital improvements plan, to be included in
 1989  the consolidated annual report required by s. 373.036(7). The
 1990  plan must include expected sources of revenue for planned
 1991  improvements and must be prepared in a manner comparable to the
 1992  fixed capital outlay format set forth in s. 216.043.
 1993         4. A 5-year water resource development work program to be
 1994  furnished within 30 days after the adoption of the final budget.
 1995  The program must describe the district’s implementation strategy
 1996  for the water resource development component of each approved
 1997  regional water supply plan developed or revised under s. 373.709
 1998  373.0361. The work program must address all the elements of the
 1999  water resource development component in the district’s approved
 2000  regional water supply plans and must identify which projects in
 2001  the work program will provide water, explain how each water
 2002  resource development project will produce additional water
 2003  available for consumptive uses, estimate the quantity of water
 2004  to be produced by each project, and provide an assessment of the
 2005  contribution of the district’s regional water supply plans in
 2006  providing sufficient water to meet the water supply needs of
 2007  existing and future reasonable-beneficial uses for a 1-in-10
 2008  year drought event. Within 30 days after its submittal, the
 2009  department shall review the proposed work program and submit its
 2010  findings, questions, and comments to the district. The review
 2011  must include a written evaluation of the program’s consistency
 2012  with the furtherance of the district’s approved regional water
 2013  supply plans, and the adequacy of proposed expenditures. As part
 2014  of the review, the department shall give interested parties the
 2015  opportunity to provide written comments on each district’s
 2016  proposed work program. Within 45 days after receipt of the
 2017  department’s evaluation, the governing board shall state in
 2018  writing to the department which changes recommended in the
 2019  evaluation it will incorporate into its work program submitted
 2020  as part of the March 1 consolidated annual report required by s.
 2021  373.036(7) or specify the reasons for not incorporating the
 2022  changes. The department shall include the district’s responses
 2023  in a final evaluation report and shall submit a copy of the
 2024  report to the Governor, the President of the Senate, and the
 2025  Speaker of the House of Representatives.
 2026         Section 20. Subsection (11) of section 373.59, Florida
 2027  Statutes, is amended to read:
 2028         373.59 Water Management Lands Trust Fund.—
 2029         (11) Notwithstanding any provision of this section to the
 2030  contrary, the governing board of a water management district may
 2031  request, and the Secretary of Environmental Protection shall
 2032  release upon such request, moneys allocated to the districts
 2033  pursuant to subsection (8) for purposes consistent with the
 2034  provisions of s. 373.709 373.0361, s. 373.705 373.0831, s.
 2035  373.139, or ss. 373.451-373.4595 and for legislatively
 2036  authorized land acquisition and water restoration initiatives.
 2037  No funds may be used pursuant to this subsection until necessary
 2038  debt service obligations, requirements for payments in lieu of
 2039  taxes, and land management obligations that may be required by
 2040  this chapter are provided for.
 2041         Section 21. Paragraph (g) of subsection (1) of section
 2042  378.212, Florida Statutes, is amended to read:
 2043         378.212 Variances.—
 2044         (1) Upon application, the secretary may grant a variance
 2045  from the provisions of this part or the rules adopted pursuant
 2046  thereto. Variances and renewals thereof may be granted for any
 2047  one of the following reasons:
 2048         (g) To accommodate reclamation that provides water supply
 2049  development or water resource development not inconsistent with
 2050  the applicable regional water supply plan approved pursuant to
 2051  s. 373.709 373.0361, provided adverse impacts are not caused to
 2052  the water resources in the basin. A variance may also be granted
 2053  from the requirements of part IV of chapter 373, or the rules
 2054  adopted thereunder, when a project provides an improvement in
 2055  water availability in the basin and does not cause adverse
 2056  impacts to water resources in the basin.
 2057         Section 22. Subsection (9) of section 378.404, Florida
 2058  Statutes, is amended to read:
 2059         378.404 Department of Environmental Protection; powers and
 2060  duties.—The department shall have the following powers and
 2061  duties:
 2062         (9) To grant variances from the provisions of this part to
 2063  accommodate reclamation that provides for water supply
 2064  development or water resource development not inconsistent with
 2065  the applicable regional water supply plan approved pursuant to
 2066  s. 373.709 373.0361, appropriate stormwater management, improved
 2067  wildlife habitat, recreation, or a mixture thereof, provided
 2068  adverse impacts are not caused to the water resources in the
 2069  basin and public health and safety are not adversely affected.
 2070         Section 23. Paragraph (a) of subsection (3) of section
 2071  403.0891, Florida Statutes, is amended to read:
 2072         403.0891 State, regional, and local stormwater management
 2073  plans and programs.—The department, the water management
 2074  districts, and local governments shall have the responsibility
 2075  for the development of mutually compatible stormwater management
 2076  programs.
 2077         (3)(a) Each local government required by chapter 163 to
 2078  submit a comprehensive plan, whose plan is submitted after July
 2079  1, 1992, and the others when updated after July 1, 1992, in the
 2080  development of its stormwater management program described by
 2081  elements within its comprehensive plan shall consider the water
 2082  resource implementation rule, district stormwater management
 2083  goals, plans approved pursuant to the Surface Water Improvement
 2084  and Management Act, ss. 373.451-373.4595, and technical
 2085  assistance information provided by the water management
 2086  districts pursuant to s. 373.711 373.0391.
 2087         Section 24. Section 403.890, Florida Statutes, is amended
 2088  to read:
 2089         403.890 Water Protection and Sustainability Program;
 2090  intent; goals; purposes.—
 2091         (1) Effective July 1, 2006, revenues transferred from the
 2092  Department of Revenue pursuant to s. 201.15(1)(c)2. shall be
 2093  deposited into the Water Protection and Sustainability Program
 2094  Trust Fund in the Department of Environmental Protection. These
 2095  revenues and any other additional revenues deposited into or
 2096  appropriated to the Water Protection and Sustainability Program
 2097  Trust Fund shall be distributed by the Department of
 2098  Environmental Protection in the following manner:
 2099         (a) Sixty percent to the Department of Environmental
 2100  Protection for the implementation of an alternative water supply
 2101  program as provided in s. 373.1961.
 2102         (b) Twenty percent for the implementation of best
 2103  management practices and capital project expenditures necessary
 2104  for the implementation of the goals of the total maximum daily
 2105  load program established in s. 403.067. Of these funds, 85
 2106  percent shall be transferred to the credit of the Department of
 2107  Environmental Protection Water Quality Assurance Trust Fund to
 2108  address water quality impacts associated with nonagricultural
 2109  nonpoint sources. Fifteen percent of these funds shall be
 2110  transferred to the Department of Agriculture and Consumer
 2111  Services General Inspection Trust Fund to address water quality
 2112  impacts associated with agricultural nonpoint sources. These
 2113  funds shall be used for research, development, demonstration,
 2114  and implementation of the total maximum daily load program under
 2115  s. 403.067, suitable best management practices or other measures
 2116  used to achieve water quality standards in surface waters and
 2117  water segments identified pursuant to s. 303(d) of the Clean
 2118  Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
 2119  Implementation of best management practices and other measures
 2120  may include cost-share grants, technical assistance,
 2121  implementation tracking, and conservation leases or other
 2122  agreements for water quality improvement. The Department of
 2123  Environmental Protection and the Department of Agriculture and
 2124  Consumer Services may adopt rules governing the distribution of
 2125  funds for implementation of capital projects, best management
 2126  practices, and other measures. These funds shall not be used to
 2127  abrogate the financial responsibility of those point and
 2128  nonpoint sources that have contributed to the degradation of
 2129  water or land areas. Increased priority shall be given by the
 2130  department and the water management district governing boards to
 2131  those projects that have secured a cost-sharing agreement
 2132  allocating responsibility for the cleanup of point and nonpoint
 2133  sources.
 2134         (c) Ten percent shall be disbursed for the purposes of
 2135  funding projects pursuant to ss. 373.451-373.459 or surface
 2136  water restoration activities in water-management-district
 2137  designated priority water bodies. The Secretary of Environmental
 2138  Protection shall ensure that each water management district
 2139  receives the following percentage of funds annually:
 2140         1. Thirty-five percent to the South Florida Water
 2141  Management District;
 2142         2. Twenty-five percent to the Southwest Florida Water
 2143  Management District;
 2144         3. Twenty-five percent to the St. Johns River Water
 2145  Management District;
 2146         4. Seven and one-half percent to the Suwannee River Water
 2147  Management District; and
 2148         5. Seven and one-half percent to the Northwest Florida
 2149  Water Management District.
 2150         (d) Ten percent to the Department of Environmental
 2151  Protection for the Disadvantaged Small Community Wastewater
 2152  Grant Program as provided in s. 403.1838.
 2153         (2) Applicable beginning in the 2007-2008 fiscal year,
 2154  revenues transferred from the Department of Revenue pursuant to
 2155  s. 201.15(1)(c)2. shall be deposited into the Water Protection
 2156  and Sustainability Program Trust Fund in the Department of
 2157  Environmental Protection. These revenues and any other
 2158  additional Revenues deposited into or appropriated to the Water
 2159  Protection and Sustainability Program Trust Fund shall be
 2160  distributed by the Department of Environmental Protection in the
 2161  following manner:
 2162         (1)(a) Sixty-five percent to the Department of
 2163  Environmental Protection for the implementation of an
 2164  alternative water supply program as provided in s. 373.707
 2165  373.1961.
 2166         (2)(b) Twenty-two and five-tenths percent for the
 2167  implementation of best management practices and capital project
 2168  expenditures necessary for the implementation of the goals of
 2169  the total maximum daily load program established in s. 403.067.
 2170  Of these funds, 83.33 percent shall be transferred to the credit
 2171  of the Department of Environmental Protection Water Quality
 2172  Assurance Trust Fund to address water quality impacts associated
 2173  with nonagricultural nonpoint sources. Sixteen and sixty-seven
 2174  hundredths percent of these funds shall be transferred to the
 2175  Department of Agriculture and Consumer Services General
 2176  Inspection Trust Fund to address water quality impacts
 2177  associated with agricultural nonpoint sources. These funds shall
 2178  be used for research, development, demonstration, and
 2179  implementation of the total maximum daily load program under s.
 2180  403.067, suitable best management practices or other measures
 2181  used to achieve water quality standards in surface waters and
 2182  water segments identified pursuant to s. 303(d) of the Clean
 2183  Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
 2184  Implementation of best management practices and other measures
 2185  may include cost-share grants, technical assistance,
 2186  implementation tracking, and conservation leases or other
 2187  agreements for water quality improvement. The Department of
 2188  Environmental Protection and the Department of Agriculture and
 2189  Consumer Services may adopt rules governing the distribution of
 2190  funds for implementation of capital projects, best management
 2191  practices, and other measures. These funds shall not be used to
 2192  abrogate the financial responsibility of those point and
 2193  nonpoint sources that have contributed to the degradation of
 2194  water or land areas. Increased priority shall be given by the
 2195  department and the water management district governing boards to
 2196  those projects that have secured a cost-sharing agreement
 2197  allocating responsibility for the cleanup of point and nonpoint
 2198  sources.
 2199         (3)(c) Twelve and five-tenths percent to the Department of
 2200  Environmental Protection for the Disadvantaged Small Community
 2201  Wastewater Grant Program as provided in s. 403.1838.
 2202         (4)(d) On June 30, 2009, and every 24 months thereafter,
 2203  the Department of Environmental Protection shall request the
 2204  return of all unencumbered funds distributed pursuant to this
 2205  section. These funds shall be deposited into the Water
 2206  Protection and Sustainability Program Trust Fund and
 2207  redistributed pursuant to the provisions of this section.
 2208         (3) For the 2008-2009 fiscal year only, moneys in the Water
 2209  Protection and Sustainability Program Trust Fund shall be
 2210  transferred to the Ecosystem Management and Restoration Trust
 2211  Fund for grants and aids to local governments for water projects
 2212  as provided in the General Appropriations Act. This subsection
 2213  expires July 1, 2009.
 2214         (4) For fiscal year 2005-2006, funds deposited or
 2215  appropriated into the Water Protection and Sustainability
 2216  Program Trust Fund shall be distributed as follows:
 2217         (a) One hundred million dollars to the Department of
 2218  Environmental Protection for the implementation of an
 2219  alternative water supply program as provided in s. 373.1961.
 2220         (b) Funds remaining after the distribution provided for in
 2221  subsection (1) shall be distributed as follows:
 2222         1. Fifty percent for the implementation of best management
 2223  practices and capital project expenditures necessary for the
 2224  implementation of the goals of the total maximum daily load
 2225  program established in s. 403.067. Of these funds, 85 percent
 2226  shall be transferred to the credit of the Department of
 2227  Environmental Protection Water Quality Assurance Trust Fund to
 2228  address water quality impacts associated with nonagricultural
 2229  nonpoint sources. Fifteen percent of these funds shall be
 2230  transferred to the Department of Agriculture and Consumer
 2231  Services General Inspection Trust Fund to address water quality
 2232  impacts associated with agricultural nonpoint sources. These
 2233  funds shall be used for research, development, demonstration,
 2234  and implementation of suitable best management practices or
 2235  other measures used to achieve water quality standards in
 2236  surface waters and water segments identified pursuant to s.
 2237  303(d) of the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss.
 2238  1251 et seq. Implementation of best management practices and
 2239  other measures may include cost-share grants, technical
 2240  assistance, implementation tracking, and conservation leases or
 2241  other agreements for water quality improvement. The Department
 2242  of Environmental Protection and the Department of Agriculture
 2243  and Consumer Services may adopt rules governing the distribution
 2244  of funds for implementation of best management practices. These
 2245  funds shall not be used to abrogate the financial responsibility
 2246  of those point and nonpoint sources that have contributed to the
 2247  degradation of water or land areas. Increased priority shall be
 2248  given by the department and the water management district
 2249  governing boards to those projects that have secured a cost
 2250  sharing agreement allocating responsibility for the cleanup of
 2251  point and nonpoint sources.
 2252         2. Twenty-five percent for the purposes of funding projects
 2253  pursuant to ss. 373.451-373.459 or surface water restoration
 2254  activities in water-management-district-designated priority
 2255  water bodies. The Secretary of Environmental Protection shall
 2256  ensure that each water management district receives the
 2257  following percentage of funds annually:
 2258         a. Thirty-five percent to the South Florida Water
 2259  Management District;
 2260         b. Twenty-five percent to the Southwest Florida Water
 2261  Management District;
 2262         c. Twenty-five percent to the St. Johns River Water
 2263  Management District;
 2264         d. Seven and one-half percent to the Suwannee River Water
 2265  Management District; and
 2266         e. Seven and one-half percent to the Northwest Florida
 2267  Water Management District.
 2268         3. Twenty-five percent to the Department of Environmental
 2269  Protection for the Disadvantaged Small Community Wastewater
 2270  Grant Program as provided in s. 403.1838.
 2271  
 2272  Prior to the end of the 2008 Regular Session, the Legislature
 2273  must review the distribution of funds under the Water Protection
 2274  and Sustainability Program to determine if revisions to the
 2275  funding formula are required. At the discretion of the President
 2276  of the Senate and the Speaker of the House of Representatives,
 2277  the appropriate substantive committees of the Legislature may
 2278  conduct an interim project to review the Water Protection and
 2279  Sustainability Program and the funding formula and make written
 2280  recommendations to the Legislature proposing necessary changes,
 2281  if any.
 2282         (5) For the 2009-2010 fiscal year only, funds shall be
 2283  distributed as follows:
 2284         (a) Thirty-one and twenty-one hundredths percent to the
 2285  Department of Environmental Protection for the implementation of
 2286  an alternative water supply program as provided in s. 373.1961.
 2287         (b) Twenty-six and eighty-seven hundredths percent for the
 2288  implementation of best management practices and capital project
 2289  expenditures necessary for the implementation of the goals of
 2290  the total maximum daily load program established in s. 403.067.
 2291  Of these funds, 86 percent shall be transferred to the credit of
 2292  the Water Quality Assurance Trust Fund of the Department of
 2293  Environmental Protection to address water quality impacts
 2294  associated with nonagricultural nonpoint sources. Fourteen
 2295  percent of these funds shall be transferred to the General
 2296  Inspection Trust Fund of the Department of Agriculture and
 2297  Consumer Services to address water quality impacts associated
 2298  with agricultural nonpoint sources. These funds shall be used
 2299  for research, development, demonstration, and implementation of
 2300  the total maximum daily load program under s. 403.067, suitable
 2301  best management practices, or other measures used to achieve
 2302  water quality standards in surface waters and water segments
 2303  identified pursuant to s. 303(d) of the Clean Water Act, Pub. L.
 2304  No. 92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best
 2305  management practices and other measures may include cost-share
 2306  grants, technical assistance, implementation tracking, and
 2307  conservation leases or other agreements for water quality
 2308  improvement. The Department of Environmental Protection and the
 2309  Department of Agriculture and Consumer Services may adopt rules
 2310  governing the distribution of funds for implementation of
 2311  capital projects, best management practices, and other measures.
 2312  These funds may not be used to abrogate the financial
 2313  responsibility of those point and nonpoint sources that have
 2314  contributed to the degradation of water or land areas. Increased
 2315  priority shall be given by the department and the water
 2316  management district governing boards to those projects that have
 2317  secured a cost-sharing agreement that allocates responsibility
 2318  for the cleanup of point and nonpoint sources.
 2319         (c) Forty-one and ninety-two hundredths percent to the
 2320  Department of Environmental Protection for the Disadvantaged
 2321  Small Community Wastewater Grant Program as provided in s.
 2322  403.1838.
 2323  
 2324  This subsection expires July 1, 2010.
 2325         Section 25. Subsection (1) of section 403.891, Florida
 2326  Statutes, is amended to read:
 2327         403.891 Water Protection and Sustainability Program Trust
 2328  Fund of the Department of Environmental Protection.—
 2329         (1) The Water Protection and Sustainability Program Trust
 2330  Fund is created within the Department of Environmental
 2331  Protection. The purpose of the trust fund is to receive funds
 2332  pursuant to s. 201.15(1)(c)2., funds from other sources provided
 2333  for in law and the General Appropriations Act, and funds
 2334  received by the department in order to implement the provisions
 2335  of the Water Sustainability and Protection Program created in s.
 2336  403.890.
 2337         Section 26. Section 682.02, Florida Statutes, is amended to
 2338  read:
 2339         682.02 Arbitration agreements made valid, irrevocable, and
 2340  enforceable; scope.—Two or more parties may agree in writing to
 2341  submit to arbitration any controversy existing between them at
 2342  the time of the agreement, or they may include in a written
 2343  contract a provision for the settlement by arbitration of any
 2344  controversy thereafter arising between them relating to such
 2345  contract or the failure or refusal to perform the whole or any
 2346  part thereof. This section also applies to written interlocal
 2347  agreements under ss. 163.01 and 373.713 373.1962 in which two or
 2348  more parties agree to submit to arbitration any controversy
 2349  between them concerning water use permit applications and other
 2350  matters, regardless of whether or not the water management
 2351  district with jurisdiction over the subject application is a
 2352  party to the interlocal agreement or a participant in the
 2353  arbitration. Such agreement or provision shall be valid,
 2354  enforceable, and irrevocable without regard to the justiciable
 2355  character of the controversy; provided that this act shall not
 2356  apply to any such agreement or provision to arbitrate in which
 2357  it is stipulated that this law shall not apply or to any
 2358  arbitration or award thereunder.
 2359         Section 27. Section 373.71, Florida Statutes, is renumbered
 2360  as section 373.69, Florida Statutes.
 2361         Section 28. Sections 373.0361, 373.0391, 373.0831, 373.196,
 2362  373.1961, 373.1962, and 373.1963, Florida Statutes, are
 2363  repealed.
 2364         Section 29. Paragraphs (a),(b),(c), and (f) of subsection
 2365  (3) of section 373.1961, Florida Statutes, is amended to read:
 2366         373.1961 Water production; general powers and duties;
 2367  identification of needs; funding criteria; economic incentives;
 2368  reuse funding.—
 2369         (3) FUNDING.—
 2370         (a) The water management districts and the state shall
 2371  share a percentage of revenues with water providers and users,
 2372  including local governments, water, wastewater, and reuse
 2373  utilities, municipal, special district, industrial, and
 2374  agricultural water users, and other public and private water
 2375  users, to be used to supplement other funding sources in the
 2376  development of alternative water supplies and conservation
 2377  projects that result in quantifiable water savings.
 2378         (b) Beginning in fiscal year 2005-2006, the state shall
 2379  annually provide a portion of those revenues deposited into the
 2380  Water Protection and Sustainability Program Trust Fund for the
 2381  purpose of providing funding assistance for the development of
 2382  alternative water supplies and conservation projects that result
 2383  in quantifiable water savings pursuant to the Water Protection
 2384  and Sustainability Program. At the beginning of each fiscal
 2385  year, beginning with fiscal year 2005-2006, such revenues shall
 2386  be distributed by the department into the alternative water
 2387  supply trust fund accounts created by each district for the
 2388  purpose of alternative water supply development under the
 2389  following funding formula:
 2390         1. Thirty percent to the South Florida Water Management
 2391  District;
 2392         2. Twenty-five percent to the Southwest Florida Water
 2393  Management District;
 2394         3. Twenty-five percent to the St. Johns River Water
 2395  Management District;
 2396         4. Ten percent to the Suwannee River Water Management
 2397  District; and
 2398         5. Ten percent to the Northwest Florida Water Management
 2399  District.
 2400         (c) The financial assistance for alternative water supply
 2401  projects allocated in each district’s budget as required in s.
 2402  373.196(6) shall be combined with the state funds and used to
 2403  assist in funding the project construction costs of alternative
 2404  water supply projects and the project costs of conservation
 2405  projects that result in quantifiable water savings selected by
 2406  the governing board. If the district has not completed any
 2407  regional water supply plan, or the regional water supply plan
 2408  does not identify the need for any alternative water supply
 2409  projects, funds deposited in that district’s trust fund may be
 2410  used for water resource development projects, including, but not
 2411  limited to, springs protection.
 2412         (f) The governing boards shall determine those projects
 2413  that will be selected for financial assistance. The governing
 2414  boards may establish factors to determine project funding;
 2415  however, significant weight shall be given to the following
 2416  factors:
 2417         1. Whether the project provides substantial environmental
 2418  benefits by preventing or limiting adverse water resource
 2419  impacts.
 2420         2. Whether the project reduces competition for water
 2421  supplies.
 2422         3. Whether the project brings about replacement of
 2423  traditional sources in order to help implement a minimum flow or
 2424  level or a reservation.
 2425         4. Whether the project will be implemented by a consumptive
 2426  use permittee that has achieved the targets contained in a goal
 2427  based water conservation program approved pursuant to s.
 2428  373.227.
 2429         5. The quantity of water supplied by the project as
 2430  compared to its cost.
 2431         6. Projects in which the construction and delivery to end
 2432  users of reuse water is a major component.
 2433         7. Whether the project will be implemented by a
 2434  multijurisdictional water supply entity or regional water supply
 2435  authority.
 2436         8. Whether the project implements reuse that assists in the
 2437  elimination of domestic wastewater ocean outfalls as provided in
 2438  s. 403.086(9).
 2439         9.Whether the county or municipality, or the multiple
 2440  counties or municipalities, in which the project is located has
 2441  implemented a high-water recharge protection tax assessment
 2442  program as provided in s. 193.625.
 2443         Section 30. Paragraph (a) of subsection (19) of section
 2444  373.414, Florida Statutes, is amended to read:
 2445         373.414 Additional criteria for activities in surface
 2446  waters and wetlands.—
 2447         (19)(a) Financial responsibility for mitigation for
 2448  wetlands and other surface waters required by a permit issued
 2449  pursuant to this part for activities associated with the
 2450  extraction of limestone and phosphate are subject to approval by
 2451  the department as part of the permit application review.
 2452  Financial responsibility for permitted activities that which
 2453  will occur over a period of 3 years or less of mining operations
 2454  must be provided to the department before prior to the
 2455  commencement of mining operations and must shall be in an amount
 2456  equal to 110 percent of the estimated mitigation costs for
 2457  wetlands and other surface waters affected under the permit. For
 2458  permitted activities that which will occur over a period of more
 2459  than 3 years of mining operations, the initial financial
 2460  responsibility demonstration must shall be in an amount equal to
 2461  110 percent of the estimated mitigation costs for wetlands and
 2462  other surface waters affected in the first 3 years of operation
 2463  under the permit.; and, For each year thereafter, the financial
 2464  responsibility demonstration must shall be updated, including
 2465  providing to provide an amount equal to 110 percent of the
 2466  estimated mitigation costs for the next year of operations under
 2467  the permit for which financial responsibility has not already
 2468  been demonstrated and to release portions of the financial
 2469  responsibility mechanisms in accordance with applicable rules.
 2470         Section 31. Subsection (2) of section 378.901, Florida
 2471  Statutes, is amended to read:
 2472         378.901 Life-of-the-mine permit.—
 2473         (2) As an alternative to, and in lieu of, separate
 2474  applications for permits required under by part IV of chapter
 2475  373 and part IV of this chapter, any each operator who mines or
 2476  extracts or proposes to mine or extract heavy minerals,
 2477  limestone, or fuller’s earth clay may apply to the bureau for a
 2478  life-of-the-mine permit. This subsection does not limit the
 2479  authority of a local government to approve, approve with
 2480  conditions, deny, or impose a permit duration that is different
 2481  from the duration issued pursuant to this section.
 2482         Section 32. Subsections (2), (5), and (9) of section
 2483  373.41492, Florida Statutes, are amended to read:
 2484         373.41492 Miami-Dade County Lake Belt Mitigation Plan;
 2485  mitigation for mining activities within the Miami-Dade County
 2486  Lake Belt.—
 2487         (2) To provide for the mitigation of wetland resources lost
 2488  to mining activities within the Miami-Dade County Lake Belt
 2489  Plan, effective October 1, 1999, a mitigation fee is imposed on
 2490  each ton of limerock and sand extracted by any person who
 2491  engages in the business of extracting limerock or sand from
 2492  within the Miami-Dade County Lake Belt Area and the east one
 2493  half of sections 24 and 25 and all of sections 35 and 36,
 2494  Township 53 South, Range 39 East. The mitigation fee is imposed
 2495  for each ton of limerock and sand sold from within the
 2496  properties where the fee applies in raw, processed, or
 2497  manufactured form, including, but not limited to, sized
 2498  aggregate, asphalt, cement, concrete, and other limerock and
 2499  concrete products. The mitigation fee imposed by this subsection
 2500  for each ton of limerock and sand sold shall be 12 cents per ton
 2501  beginning January 1, 2007; 18 cents per ton beginning January 1,
 2502  2008; and 24 cents per ton beginning January 1, 2009, and 45
 2503  cents per ton beginning close of business December 31, 2011. To
 2504  upgrade a water treatment plant that treats water coming from
 2505  the Northwest Wellfield in Miami-Dade County, a water treatment
 2506  plant upgrade fee is imposed within the same Lake Belt Area
 2507  subject to the mitigation fee and upon the same kind of mined
 2508  limerock and sand subject to the mitigation fee. The water
 2509  treatment plant upgrade fee imposed by this subsection for each
 2510  ton of limerock and sand sold shall be 15 cents per ton
 2511  beginning on January 1, 2007, and the collection of this fee
 2512  shall cease once the total amount of proceeds collected for this
 2513  fee reaches the amount of the actual moneys necessary to design
 2514  and construct the water treatment plant upgrade, as determined
 2515  in an open, public solicitation process. Any limerock or sand
 2516  that is used within the mine from which the limerock or sand is
 2517  extracted is exempt from the fees. The amount of the mitigation
 2518  fee and the water treatment plant upgrade fee imposed under this
 2519  section must be stated separately on the invoice provided to the
 2520  purchaser of the limerock or sand product from the limerock or
 2521  sand miner, or its subsidiary or affiliate, for which the fee or
 2522  fees apply. The limerock or sand miner, or its subsidiary or
 2523  affiliate, who sells the limerock or sand product shall collect
 2524  the mitigation fee and the water treatment plant upgrade fee and
 2525  forward the proceeds of the fees to the Department of Revenue on
 2526  or before the 20th day of the month following the calendar month
 2527  in which the sale occurs.
 2528         (5) Each January 1, beginning January 1, 2010, through
 2529  December 31, 2011, Beginning January 1, 2010, and each January 1
 2530  thereafter, the per-ton mitigation fee shall be increased by 2.1
 2531  percentage points, plus a cost growth index. The cost growth
 2532  index shall be the percentage change in the weighted average of
 2533  the Employment Cost Index for All Civilian Workers (ecu 10001I),
 2534  issued by the United States Department of Labor for the most
 2535  recent 12-month period ending on September 30, and the
 2536  percentage change in the Producer Price Index for All
 2537  Commodities (WPU 00000000), issued by the United States
 2538  Department of Labor for the most recent 12-month period ending
 2539  on September 30, compared to the weighted average of these
 2540  indices for the previous year. The weighted average shall be
 2541  calculated as 0.6 times the percentage change in the Employment
 2542  Cost Index for All Civilian Workers (ecu 10001I), plus 0.4 times
 2543  the percentage change in the Producer Price Index for All
 2544  Commodities (WPU 00000000). If either index is discontinued, it
 2545  shall be replaced by its successor index, as identified by the
 2546  United States Department of Labor.
 2547         (9)(a) The interagency committee established in this
 2548  section shall annually prepare and submit to the governing board
 2549  of the South Florida Water Management District a report
 2550  evaluating the mitigation costs and revenues generated by the
 2551  mitigation fee.
 2552         (b) No sooner than January 31, 2010, and no more frequently
 2553  than every 5 years thereafter, the interagency committee shall
 2554  submit to the Legislature a report recommending any needed
 2555  adjustments to the mitigation fee, including the annual
 2556  escalator provided for in subsection (5), to ensure that the
 2557  revenue generated reflects the actual costs of the mitigation.
 2558         Section 33. Subsection (1) of section 215.619, Florida
 2559  Statutes, is amended to read:
 2560         215.619 Bonds for Everglades restoration.—
 2561         (1) The issuance of Everglades restoration bonds to finance
 2562  or refinance the cost of the acquisition and improvement of
 2563  land, water areas, and related property interests and resources
 2564  for the purpose of implementing the Comprehensive Everglades
 2565  Restoration Plan under s. 373.470, the Lake Okeechobee Watershed
 2566  Protection Plan under s. 373.4595, the Caloosahatchee River
 2567  Watershed Protection Plan under s. 373.4595, the St. Lucie River
 2568  Watershed Protection Plan under s. 373.4595, and the Florida
 2569  Keys Area of Critical State Concern protection program under ss.
 2570  380.05 and 380.0552 in order to restore and conserve natural
 2571  systems through the implementation of water management projects,
 2572  including wastewater management projects identified in the Keys
 2573  Wastewater Plan, dated November 2007, and submitted to the
 2574  Florida House of Representatives on December 4, 2007, is
 2575  authorized in accordance with s. 11(e), Art. VII of the State
 2576  Constitution.
 2577         (a) Everglades restoration bonds, except refunding bonds,
 2578  may be issued only in fiscal years 2002-2003 through 2019-2020
 2579  and may not be issued in an amount exceeding $100 million per
 2580  fiscal year unless:
 2581         1.(a) The Department of Environmental Protection has
 2582  requested additional amounts in order to achieve cost savings or
 2583  accelerate the purchase of land; or
 2584         2.(b) The Legislature authorizes an additional amount of
 2585  bonds not to exceed $200 million, and limited to $50 million per
 2586  fiscal year, for no more than 4 fiscal years, specifically for
 2587  the purpose of funding the Florida Keys Area of Critical State
 2588  Concern protection program. Proceeds from the bonds shall be
 2589  managed by the Department of Environmental Protection for the
 2590  purpose of entering into financial assistance agreements with
 2591  local governments located in the Florida Keys Area of Critical
 2592  State Concern to finance or refinance the cost of constructing
 2593  sewage collection, treatment, and disposal facilities.
 2594         (b) The duration of Everglades restoration bonds may not
 2595  exceed 20 annual maturities, and those bonds must mature by
 2596  December 31, 2040. Except for refunding bonds, a series of bonds
 2597  may not be issued unless an amount equal to the debt service
 2598  coming due in the year of issuance has been appropriated by the
 2599  Legislature. Beginning July 1, 2010, the Legislature shall
 2600  analyze the ratio of the state’s debt to projected revenues
 2601  before authorizing the issuance of prior to the authorization to
 2602  issue any bonds under this section.
 2603         Section 34. Subsections (2), (4), (7), and (9) of section
 2604  380.0552, Florida Statutes, are amended to read:
 2605         380.0552 Florida Keys Area; protection and designation as
 2606  area of critical state concern.—
 2607         (2) LEGISLATIVE INTENT.—It is hereby declared that the
 2608  intent of the Legislature to is:
 2609         (a) To Establish a land use management system that protects
 2610  the natural environment of the Florida Keys.
 2611         (b) To Establish a land use management system that
 2612  conserves and promotes the community character of the Florida
 2613  Keys.
 2614         (c) To Establish a land use management system that promotes
 2615  orderly and balanced growth in accordance with the capacity of
 2616  available and planned public facilities and services.
 2617         (d) To Provide for affordable housing in close proximity to
 2618  places of employment in the Florida Keys.
 2619         (e) To Establish a land use management system that promotes
 2620  and supports a diverse and sound economic base.
 2621         (f) To Protect the constitutional rights of property owners
 2622  to own, use, and dispose of their real property.
 2623         (g) To Promote coordination and efficiency among
 2624  governmental agencies that have with permitting jurisdiction
 2625  over land use activities in the Florida Keys.
 2626         (h) Promote an appropriate land acquisition and protection
 2627  strategy for environmentally sensitive lands within the Florida
 2628  Keys.
 2629         (i) Protect and improve the nearshore water quality of the
 2630  Florida Keys through the construction and operation of
 2631  wastewater management facilities that meet the requirements of
 2632  ss. 381.0065(4)(l) and 403.086(10), as applicable.
 2633         (j) Ensure that the population of the Florida Keys can be
 2634  safely evacuated.
 2635         (4) REMOVAL OF DESIGNATION.—
 2636         (a) Between July 12, 2008, and August 30, 2008, the state
 2637  land planning agency shall submit a written report to the
 2638  Administration Commission describing in detail the progress of
 2639  the Florida Keys Area toward accomplishing the tasks of the work
 2640  program as defined in paragraph (c) and providing a
 2641  recommendation as to whether substantial progress toward
 2642  accomplishing the tasks of the work program has been achieved.
 2643  Subsequent to receipt of the report, the Administration
 2644  Commission shall determine, prior to October 1, 2008, whether
 2645  substantial progress has been achieved toward accomplishing the
 2646  tasks of the work program. The designation of the Florida Keys
 2647  Area as an area of critical state concern under this section may
 2648  be recommended for removal upon fulfilling the legislative
 2649  intent under subsection (2) and completion of all the work
 2650  program tasks specified in rules of the Administration
 2651  Commission shall be removed October 1, 2009, unless the
 2652  Administration Commission finds, after receipt of the state land
 2653  planning agency report, that substantial progress has not been
 2654  achieved toward accomplishing the tasks of the work program. If
 2655  the designation of the Florida Keys Area as an area of critical
 2656  state concern is removed, the Administration Commission, within
 2657  60 days after removal of the designation, shall initiate
 2658  rulemaking pursuant to chapter 120 to repeal any rules relating
 2659  to the designation of the Florida Keys Area as an area of
 2660  critical state concern. If, after receipt of the state land
 2661  planning agency’s report, the Administration Commission finds
 2662  that substantial progress toward accomplishing the tasks of the
 2663  work program has not been achieved, the Administration
 2664  Commission shall provide a written report to the Monroe County
 2665  Commission within 30 days after making such finding detailing
 2666  the tasks under the work program that must be accomplished in
 2667  order for substantial progress to be achieved within the next 12
 2668  months.
 2669         (b) Beginning November 30, 2010, the state land planning
 2670  agency shall annually submit a written report to the
 2671  Administration Commission describing the progress of the Florida
 2672  Keys Area toward completing the work program tasks specified in
 2673  commission rules. The land planning agency shall recommend
 2674  removing the Florida Keys Area from being designated as an area
 2675  of critical state concern to the commission if it determines
 2676  that:
 2677         1. All of the work program tasks have been completed,
 2678  including construction of, operation of, and connection to
 2679  central wastewater management facilities pursuant to s.
 2680  403.086(10) and upgrade of onsite sewage treatment and disposal
 2681  systems pursuant to s. 381.0065(4)(l);
 2682         2. All local comprehensive plans and land development
 2683  regulations and the administration of such plans and regulations
 2684  are adequate to protect the Florida Keys Area, fulfill the
 2685  legislative intent specified in subsection (2), and are
 2686  consistent with and further the principles guiding development;
 2687  and
 2688         3. A local government has adopted a resolution at a public
 2689  hearing recommending the removal of the designation.
 2690         (b) If the designation of the Florida Keys Area as an area
 2691  of critical state concern is not removed in accordance with
 2692  paragraph (a), the state land planning agency shall submit a
 2693  written annual report to the Administration Commission on
 2694  November 1 of each year, until such time as the designation is
 2695  removed, describing the progress of the Florida Keys Area toward
 2696  accomplishing remaining tasks under the work program and
 2697  providing a recommendation as to whether substantial progress
 2698  toward accomplishing the tasks of the work program has been
 2699  achieved. The Administration Commission shall determine, within
 2700  45 days after receipt of the annual report, whether substantial
 2701  progress has been achieved toward accomplishing the remaining
 2702  tasks of the work program. The designation of the Florida Keys
 2703  Area as an area of critical state concern under this section
 2704  shall be removed unless the Administration Commission finds that
 2705  substantial progress has not been achieved toward accomplishing
 2706  the tasks of the work program. If the designation of the Florida
 2707  Keys Area as an area of critical state concern is removed, the
 2708  Administration Commission, within 60 days after removal of the
 2709  designation, shall initiate rulemaking pursuant to chapter 120
 2710  to repeal any rules relating to the designation of the Florida
 2711  Keys Area as an area of critical state concern. If the
 2712  Administration Commission finds that substantial progress has
 2713  not been achieved, the Administration Commission shall provide
 2714  to the Monroe County Commission, within 30 days after making its
 2715  finding, a report detailing the tasks under the work program
 2716  that must be accomplished in order for substantial progress to
 2717  be achieved within the next 12 months.
 2718         (c) After receipt of the state land planning agency report
 2719  and recommendation, the Administration Commission shall
 2720  determine whether the requirements have been fulfilled and may
 2721  remove the designation of the Florida Keys as an area of
 2722  critical state concern. If the commission removes the
 2723  designation, it shall initiate rulemaking to repeal any rules
 2724  relating such designation within 60 days. If, after receipt of
 2725  the state land planning agency’s report and recommendation, the
 2726  commission finds that the requirements for recommending removal
 2727  of designation have not been met, the commission shall provide a
 2728  written report to the local governments within 30 days after
 2729  making such a finding detailing the tasks that must be completed
 2730  by the local government.
 2731         (c) For purposes of this subsection, the term “work
 2732  program” means the 10-year work program as set forth in rule 28
 2733  20.110, Florida Administrative Code, on January 1, 2006,
 2734  excluding amendments to the work program that take effect after
 2735  January 1, 2006.
 2736         (d) The determination of the Administration Commission’s
 2737  determination concerning the removal of the designation of the
 2738  Florida Keys as an area of critical state concern Commission as
 2739  to whether substantial progress has been made toward
 2740  accomplishing the tasks of the work program may be judicially
 2741  reviewed pursuant to chapter 120 86. All proceedings shall be
 2742  conducted by the Division of Administrative Hearings and must be
 2743  initiated within 30 days after the commission issues its
 2744  determination in the circuit court of the judicial circuit where
 2745  the Administration Commission maintains its headquarters and
 2746  shall be initiated within 30 days after rendition of the
 2747  Administration Commission’s determination. The Administration
 2748  Commission’s determination as to whether substantial progress
 2749  has been made toward accomplishing the tasks of the work program
 2750  shall be upheld if it is supported by competent and substantial
 2751  evidence and shall not be subject to administrative review under
 2752  chapter 120.
 2753         (e) After removal of the designation of the Florida Keys as
 2754  an area of critical state concern, the state land planning
 2755  agency shall review proposed local comprehensive plans, and any
 2756  amendments to existing comprehensive plans, which are applicable
 2757  to the Florida Keys Area, the boundaries of which were described
 2758  in chapter 28-29, Florida Administrative Code, as of January 1,
 2759  2006, for compliance with subparagraphs 1. and 2., in addition
 2760  to reviewing proposed local comprehensive plans and amendments
 2761  for compliance as defined in s. 163.3184. All procedures and
 2762  penalties described in s. 163.3184 apply to the review conducted
 2763  pursuant to this paragraph.
 2764         1. Adoption of construction schedules for wastewater
 2765  facilities improvements in the annually adopted capital
 2766  improvements element and adoption of standards for the
 2767  construction of wastewater treatment facilities which meet or
 2768  exceed the criteria of chapter 99-395, Laws of Florida.
 2769         2. Adoption of goals, objectives, and policies to protect
 2770  public safety and welfare in the event of a natural disaster by
 2771  maintaining a hurricane evacuation clearance time for permanent
 2772  residents of no more than 24 hours. The hurricane evacuation
 2773  clearance time shall be determined by a hurricane evacuation
 2774  study conducted in accordance with a professionally accepted
 2775  methodology and approved by the state land planning agency.
 2776         (f) The Administration Commission may adopt rules or revise
 2777  existing rules as necessary to administer this subsection.
 2778         (7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional,
 2779  and local agencies and units of government in the Florida Keys
 2780  Area shall coordinate their plans and conduct their programs and
 2781  regulatory activities consistent with the principles for guiding
 2782  development as specified set forth in chapter 27F-8, Florida
 2783  Administrative Code, as amended effective August 23, 1984, which
 2784  chapter is hereby adopted and incorporated herein by reference.
 2785  For the purposes of reviewing the consistency of the adopted
 2786  plan, or any amendments to that plan, with the principles for
 2787  guiding development, and any amendments to the principles, the
 2788  principles shall be construed as a whole and no specific
 2789  provisions may not provision shall be construed or applied in
 2790  isolation from the other provisions. However, the principles for
 2791  guiding development as set forth in chapter 27F-8, Florida
 2792  Administrative Code, as amended effective August 23, 1984, are
 2793  repealed 18 months from July 1, 1986. After repeal, the
 2794  following shall be the principles with which any plan amendments
 2795  must be consistent with the following principles:
 2796         (a) Strengthening To strengthen local government
 2797  capabilities for managing land use and development so that local
 2798  government is able to achieve these objectives without
 2799  continuing the continuation of the area of critical state
 2800  concern designation.
 2801         (b) Protecting To protect shoreline and marine resources,
 2802  including mangroves, coral reef formations, seagrass beds,
 2803  wetlands, fish and wildlife, and their habitat.
 2804         (c) Protecting To protect upland resources, tropical
 2805  biological communities, freshwater wetlands, native tropical
 2806  vegetation (for example, hardwood hammocks and pinelands), dune
 2807  ridges and beaches, wildlife, and their habitat.
 2808         (d) Ensuring To ensure the maximum well-being of the
 2809  Florida Keys and its citizens through sound economic
 2810  development.
 2811         (e) Limiting To limit the adverse impacts of development on
 2812  the quality of water throughout the Florida Keys.
 2813         (f) Enhancing To enhance natural scenic resources,
 2814  promoting promote the aesthetic benefits of the natural
 2815  environment, and ensuring ensure that development is compatible
 2816  with the unique historic character of the Florida Keys.
 2817         (g) Protecting To protect the historical heritage of the
 2818  Florida Keys.
 2819         (h) Protecting To protect the value, efficiency, cost
 2820  effectiveness, and amortized life of existing and proposed major
 2821  public investments, including:
 2822         1. The Florida Keys Aqueduct and water supply facilities;
 2823         2. Sewage collection, treatment, and disposal facilities;
 2824         3. Solid waste treatment, collection, and disposal
 2825  facilities;
 2826         4. Key West Naval Air Station and other military
 2827  facilities;
 2828         5. Transportation facilities;
 2829         6. Federal parks, wildlife refuges, and marine sanctuaries;
 2830         7. State parks, recreation facilities, aquatic preserves,
 2831  and other publicly owned properties;
 2832         8. City electric service and the Florida Keys Electric Co
 2833  op; and
 2834         9. Other utilities, as appropriate.
 2835         (i) Protecting and improving water quality by providing for
 2836  the construction, operation, maintenance, and replacement of
 2837  stormwater management facilities; central sewage collection;
 2838  treatment and disposal facilities; and the installation and
 2839  proper operation and maintenance of onsite sewage treatment and
 2840  disposal systems.
 2841         (j) Ensuring the improvement of nearshore water quality by
 2842  requiring the construction and operation of wastewater
 2843  management facilities that meet the requirements of ss.
 2844  381.0065(4)(l) and 403.086(10), as applicable, and by directing
 2845  growth to areas served by central wastewater treatment
 2846  facilities through permit allocation systems.
 2847         (k)(i)Limiting To limit the adverse impacts of public
 2848  investments on the environmental resources of the Florida Keys.
 2849         (l)(j)Making To make available adequate affordable housing
 2850  for all sectors of the population of the Florida Keys.
 2851         (m)(k)Providing To provide adequate alternatives for the
 2852  protection of public safety and welfare in the event of a
 2853  natural or manmade disaster and for a postdisaster
 2854  reconstruction plan.
 2855         (n)(l)Protecting To protect the public health, safety, and
 2856  welfare of the citizens of the Florida Keys and maintain the
 2857  Florida Keys as a unique Florida resource.
 2858         (9) MODIFICATION TO PLANS AND REGULATIONS.—
 2859         (a) Any land development regulation or element of a local
 2860  comprehensive plan in the Florida Keys Area may be enacted,
 2861  amended, or rescinded by a local government, but the enactment,
 2862  amendment, or rescission becomes shall become effective only
 2863  upon the approval thereof by the state land planning agency. The
 2864  state land planning agency shall review the proposed change to
 2865  determine if it is in compliance with the principles for guiding
 2866  development specified set forth in chapter 27F-8, Florida
 2867  Administrative Code, as amended effective August 23, 1984, and
 2868  must shall either approve or reject the requested changes within
 2869  60 days after of receipt thereof. Amendments to local
 2870  comprehensive plans in the Florida Keys Area must also be
 2871  reviewed for compliance with the following:
 2872         1. Construction schedules and detailed capital financing
 2873  plans for wastewater management improvements in the annually
 2874  adopted capital improvements element, and standards for the
 2875  construction of wastewater treatment and disposal facilities or
 2876  collection systems that meet or exceed the criteria in s.
 2877  403.086(10) for wastewater treatment and disposal facilities or
 2878  s. 381.0065(4)(l) for onsite sewage treatment and disposal
 2879  systems.
 2880         2. Goals, objectives, and policies to protect public safety
 2881  and welfare in the event of a natural disaster by maintaining a
 2882  hurricane evacuation clearance time for permanent residents of
 2883  no more than 24 hours. The hurricane evacuation clearance time
 2884  shall be determined by a hurricane evacuation study conducted in
 2885  accordance with a professionally accepted methodology and
 2886  approved by the state land planning agency.
 2887         (b)Further, The state land planning agency, after
 2888  consulting with the appropriate local government, may, no more
 2889  often than once per a year, recommend to the Administration
 2890  Commission the enactment, amendment, or rescission of a land
 2891  development regulation or element of a local comprehensive plan.
 2892  Within 45 days following the receipt of such recommendation by
 2893  the state land planning agency, the commission shall reject the
 2894  recommendation, or accept it with or without modification and
 2895  adopt it, by rule, including any changes. Any Such local
 2896  development regulation or plan must shall be in compliance with
 2897  the principles for guiding development.
 2898         Section 35. Subsection (1) and paragraph (l) of subsection
 2899  (4) of section 381.0065, Florida Statutes are amended, present
 2900  subsection (5) of that section is renumbered as subsection (6),
 2901  and new subsections (5) and (7) are added to that section, to
 2902  read:
 2903         381.0065 Onsite sewage treatment and disposal systems;
 2904  regulation.—
 2905         (1) LEGISLATIVE INTENT.— 
 2906         (a) It is the intent of the Legislature that proper
 2907  management of onsite sewage treatment and disposal systems is
 2908  paramount to the health, safety, and welfare of the public. It
 2909  is further the intent of the Legislature that the department
 2910  shall administer an evaluation program to ensure the operational
 2911  condition of the system and identify any failure with the
 2912  system.
 2913         (b) It is the intent of the Legislature that where a
 2914  publicly owned or investor-owned sewerage system is not
 2915  available, the department shall issue permits for the
 2916  construction, installation, modification, abandonment, or repair
 2917  of onsite sewage treatment and disposal systems under conditions
 2918  as described in this section and rules adopted under this
 2919  section. It is further the intent of the Legislature that the
 2920  installation and use of onsite sewage treatment and disposal
 2921  systems not adversely affect the public health or significantly
 2922  degrade the groundwater or surface water.
 2923         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
 2924  construct, repair, modify, abandon, or operate an onsite sewage
 2925  treatment and disposal system without first obtaining a permit
 2926  approved by the department. The department may issue permits to
 2927  carry out this section, but shall not make the issuance of such
 2928  permits contingent upon prior approval by the Department of
 2929  Environmental Protection, except that the issuance of a permit
 2930  for work seaward of the coastal construction control line
 2931  established under s. 161.053 shall be contingent upon receipt of
 2932  any required coastal construction control line permit from the
 2933  Department of Environmental Protection. A construction permit is
 2934  valid for 18 months from the issuance date and may be extended
 2935  by the department for one 90-day period under rules adopted by
 2936  the department. A repair permit is valid for 90 days from the
 2937  date of issuance. An operating permit must be obtained prior to
 2938  the use of any aerobic treatment unit or if the establishment
 2939  generates commercial waste. Buildings or establishments that use
 2940  an aerobic treatment unit or generate commercial waste shall be
 2941  inspected by the department at least annually to assure
 2942  compliance with the terms of the operating permit. The operating
 2943  permit for a commercial wastewater system is valid for 1 year
 2944  from the date of issuance and must be renewed annually. The
 2945  operating permit for an aerobic treatment unit is valid for 2
 2946  years from the date of issuance and must be renewed every 2
 2947  years. If all information pertaining to the siting, location,
 2948  and installation conditions or repair of an onsite sewage
 2949  treatment and disposal system remains the same, a construction
 2950  or repair permit for the onsite sewage treatment and disposal
 2951  system may be transferred to another person, if the transferee
 2952  files, within 60 days after the transfer of ownership, an
 2953  amended application providing all corrected information and
 2954  proof of ownership of the property. There is no fee associated
 2955  with the processing of this supplemental information. A person
 2956  may not contract to construct, modify, alter, repair, service,
 2957  abandon, or maintain any portion of an onsite sewage treatment
 2958  and disposal system without being registered under part III of
 2959  chapter 489. A property owner who personally performs
 2960  construction, maintenance, or repairs to a system serving his or
 2961  her own owner-occupied single-family residence is exempt from
 2962  registration requirements for performing such construction,
 2963  maintenance, or repairs on that residence, but is subject to all
 2964  permitting requirements. A municipality or political subdivision
 2965  of the state may not issue a building or plumbing permit for any
 2966  building that requires the use of an onsite sewage treatment and
 2967  disposal system unless the owner or builder has received a
 2968  construction permit for such system from the department. A
 2969  building or structure may not be occupied and a municipality,
 2970  political subdivision, or any state or federal agency may not
 2971  authorize occupancy until the department approves the final
 2972  installation of the onsite sewage treatment and disposal system.
 2973  A municipality or political subdivision of the state may not
 2974  approve any change in occupancy or tenancy of a building that
 2975  uses an onsite sewage treatment and disposal system until the
 2976  department has reviewed the use of the system with the proposed
 2977  change, approved the change, and amended the operating permit.
 2978         (l) For the Florida Keys, the department shall adopt a
 2979  special rule for the construction, installation, modification,
 2980  operation, repair, maintenance, and performance of onsite sewage
 2981  treatment and disposal systems which considers the unique soil
 2982  conditions and which considers water table elevations,
 2983  densities, and setback requirements. On lots where a setback
 2984  distance of 75 feet from surface waters, saltmarsh, and
 2985  buttonwood association habitat areas cannot be met, an injection
 2986  well, approved and permitted by the department, may be used for
 2987  disposal of effluent from onsite sewage treatment and disposal
 2988  systems. The following additional requirements apply to onsite
 2989  sewage treatment and disposal systems in Monroe County:
 2990         1. The county, each municipality, and those special
 2991  districts established for the purpose of the collection,
 2992  transmission, treatment, or disposal of sewage shall ensure, in
 2993  accordance with the specific schedules adopted by the
 2994  Administration Commission under s. 380.0552, the completion of
 2995  onsite sewage treatment and disposal system upgrades to meet the
 2996  requirements of this paragraph.
 2997         2. Onsite sewage treatment and disposal systems must cease
 2998  discharge by December 31, 2015, or must comply with department
 2999  rules and provide the level of treatment which, on a permitted
 3000  annual average basis, produces an effluent that contains no more
 3001  than the following concentrations:
 3002         a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
 3003         b. Suspended Solids of 10 mg/l.
 3004         c. Total Nitrogen, expressed as N, of 10 mg/l.
 3005         d. Total Phosphorus, expressed as P, of 1 mg/l.
 3006  
 3007  In addition, onsite sewage treatment and disposal systems
 3008  discharging to an injection well must provide basic disinfection
 3009  as defined by department rule.
 3010         3. On or after July 1, 2010, all new, modified, and
 3011  repaired onsite sewage treatment and disposal systems must
 3012  provide the level of treatment described in subparagraph 2.
 3013  However, in areas scheduled to be served by central sewer by
 3014  December 31, 2015, if the property owner has paid a connection
 3015  fee or assessment for connection to the central sewer system, an
 3016  onsite sewage treatment and disposal system may be repaired to
 3017  the following minimum standards:
 3018         a. The existing tanks must be pumped and inspected and
 3019  certified as being watertight and free of defects in accordance
 3020  with department rule; and
 3021         b. A sand-lined drainfield or injection well in accordance
 3022  with department rule must be installed.
 3023         4. Onsite sewage treatment and disposal systems must be
 3024  monitored for total nitrogen and total phosphorus concentrations
 3025  as required by department rule.
 3026         5. The department shall enforce proper installation,
 3027  operation, and maintenance of onsite sewage treatment and
 3028  disposal systems pursuant to this chapter, including ensuring
 3029  that the appropriate level of treatment described in
 3030  subparagraph 2. is met.
 3031         6.The authority of a local government, including a special
 3032  district, to mandate connection of an onsite sewage treatment
 3033  and disposal system is governed by section 4 of chapter 99-395,
 3034  Laws of Florida.
 3035         (5) EVALUATION AND ASSESSMENT.—
 3036         (a) Beginning January 1, 2011, the department shall
 3037  administer an onsite sewage treatment and disposal system
 3038  evaluation program for the purpose of assessing the fundamental
 3039  operational condition of systems and identifying any failures
 3040  within the systems. The department shall adopt rules
 3041  implementing the program standards, procedures, and
 3042  requirements, including, but not limited to, a schedule for a 5
 3043  year evaluation cycle, requirements for the pump-out of a system
 3044  or repair of a failing system, enforcement procedures for
 3045  failure of a system owner to obtain an evaluation of the system,
 3046  and failure of a contractor to timely submit evaluation results
 3047  to the department and the system owner. The department shall
 3048  ensure statewide implementation of the evaluation and assessment
 3049  program by January 1, 2016.
 3050         (b) Owners of an onsite sewage treatment and disposal
 3051  system, excluding a system that is required to obtain an
 3052  operating permit, shall have the system evaluated at least once
 3053  every 5 years to assess the fundamental operational condition of
 3054  the system, and identify any failure within the system.
 3055         (c) All evaluation procedures must be documented and
 3056  nothing in this subsection limits the amount of detail an
 3057  evaluator may provide at his or her professional discretion. The
 3058  evaluation must include a tank and drainfield evaluation, a
 3059  written assessment of the condition of the system, and, if
 3060  necessary, a disclosure statement pursuant to the department’s
 3061  procedure.
 3062         (d)1.Systems being evaluated that were installed prior to
 3063  January 1, 1983, shall meet a minimum 6-inch separation from the
 3064  bottom of the drainfield to the wettest season water table
 3065  elevation as defined by department rule. All drainfield repairs,
 3066  replacements or modifications to systems installed prior to
 3067  January 1, 1983, shall meet a minimum 12-inch separation from
 3068  the bottom of the drainfield to the wettest season water table
 3069  elevation as defined by department rule.
 3070         2. Systems being evaluated that were installed on or after
 3071  January 1, 1983, shall meet a minimum 12-inch separation from
 3072  the bottom of the drainfield to the wettest season water table
 3073  elevation as defined by department rule. All drainfield repairs,
 3074  replacements or modification to systems developed on or after
 3075  January 1, 1983, shall meet a minimum 24-inch separation from
 3076  the bottom of the drainfield to the wettest season water table
 3077  elevation.
 3078         (e) If documentation of a tank pump-out or a permitted new
 3079  installation, repair, or modification of the system within the
 3080  previous 5 years is provided, and states the capacity of the
 3081  tank and indicates that the condition of the tank is not a
 3082  sanitary or public health nuisance pursuant to department rule,
 3083  a pump-out of the system is not required.
 3084         (f) Owners are responsible for paying the cost of any
 3085  required pump-out, repair, or replacement pursuant to department
 3086  rule, and may not request partial evaluation or the omission of
 3087  portions of the evaluation.
 3088         (g) Each evaluation or pump-out required under this
 3089  subsection must be performed by a septic tank contractor or
 3090  master septic tank contractor registered under part III of
 3091  chapter 489, a professional engineer with wastewater treatment
 3092  system experience licensed pursuant to chapter 471, or an
 3093  environmental health professional certified under chapter 381 in
 3094  the area of onsite sewage treatment and disposal system
 3095  evaluation.
 3096         (h) The evaluation report fee collected pursuant to s.
 3097  381.0066(2)(b) shall be remitted to the department by the
 3098  evaluator at the time the report is submitted.
 3099         (i) Prior to any evaluation deadline, the department must
 3100  provide a minimum of 60 days’ notice to owners that their
 3101  systems must be evaluated by that deadline. The department may
 3102  include a copy of any homeowner educational materials developed
 3103  pursuant to this section which provides information on the
 3104  proper maintenance of onsite sewage treatment and disposal
 3105  systems.
 3106         (6)(5) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.—
 3107         (a) Department personnel who have reason to believe
 3108  noncompliance exists, may at any reasonable time, enter the
 3109  premises permitted under ss. 381.0065-381.0066, or the business
 3110  premises of any septic tank contractor or master septic tank
 3111  contractor registered under part III of chapter 489, or any
 3112  premises that the department has reason to believe is being
 3113  operated or maintained not in compliance, to determine
 3114  compliance with the provisions of this section, part I of
 3115  chapter 386, or part III of chapter 489 or rules or standards
 3116  adopted under ss. 381.0065-381.0067, part I of chapter 386, or
 3117  part III of chapter 489. As used in this paragraph, the term
 3118  “premises” does not include a residence or private building. To
 3119  gain entry to a residence or private building, the department
 3120  must obtain permission from the owner or occupant or secure an
 3121  inspection warrant from a court of competent jurisdiction.
 3122         (b)1. The department may issue citations that may contain
 3123  an order of correction or an order to pay a fine, or both, for
 3124  violations of ss. 381.0065-381.0067, part I of chapter 386, or
 3125  part III of chapter 489 or the rules adopted by the department,
 3126  when a violation of these sections or rules is enforceable by an
 3127  administrative or civil remedy, or when a violation of these
 3128  sections or rules is a misdemeanor of the second degree. A
 3129  citation issued under ss. 381.0065-381.0067, part I of chapter
 3130  386, or part III of chapter 489 constitutes a notice of proposed
 3131  agency action.
 3132         2. A citation must be in writing and must describe the
 3133  particular nature of the violation, including specific reference
 3134  to the provisions of law or rule allegedly violated.
 3135         3. The fines imposed by a citation issued by the department
 3136  may not exceed $500 for each violation. Each day the violation
 3137  exists constitutes a separate violation for which a citation may
 3138  be issued.
 3139         4. The department shall inform the recipient, by written
 3140  notice pursuant to ss. 120.569 and 120.57, of the right to an
 3141  administrative hearing to contest the citation within 21 days
 3142  after the date the citation is received. The citation must
 3143  contain a conspicuous statement that if the recipient fails to
 3144  pay the fine within the time allowed, or fails to appear to
 3145  contest the citation after having requested a hearing, the
 3146  recipient has waived the recipient’s right to contest the
 3147  citation and must pay an amount up to the maximum fine.
 3148         5. The department may reduce or waive the fine imposed by
 3149  the citation. In determining whether to reduce or waive the
 3150  fine, the department must consider the gravity of the violation,
 3151  the person’s attempts at correcting the violation, and the
 3152  person’s history of previous violations including violations for
 3153  which enforcement actions were taken under ss. 381.0065
 3154  381.0067, part I of chapter 386, part III of chapter 489, or
 3155  other provisions of law or rule.
 3156         6. Any person who willfully refuses to sign and accept a
 3157  citation issued by the department commits a misdemeanor of the
 3158  second degree, punishable as provided in s. 775.082 or s.
 3159  775.083.
 3160         7. The department, pursuant to ss. 381.0065-381.0067, part
 3161  I of chapter 386, or part III of chapter 489, shall deposit any
 3162  fines it collects in the county health department trust fund for
 3163  use in providing services specified in those sections.
 3164         8. This section provides an alternative means of enforcing
 3165  ss. 381.0065-381.0067, part I of chapter 386, and part III of
 3166  chapter 489. This section does not prohibit the department from
 3167  enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
 3168  III of chapter 489, or its rules, by any other means. However,
 3169  the department must elect to use only a single method of
 3170  enforcement for each violation.
 3171         (7)LAND APPLICATION OF SEPTAGE PROHIBITED.—Effective
 3172  January 1, 2016, the land application of septage from onsite
 3173  sewage treatment and disposal systems is prohibited. By February
 3174  1, 2011, the department, in consultation with the Department of
 3175  Environmental Protection, shall provide a report to the
 3176  Governor, the President of the Senate, and the Speaker of the
 3177  House of Representatives, recommending alternative methods to
 3178  establish enhanced treatment levels for the land application of
 3179  septage from onsite sewage and disposal systems. The report
 3180  shall include, but is not limited to, a schedule for the
 3181  reduction in land application, appropriate treatment levels,
 3182  alternative methods for treatment and disposal, enhanced
 3183  application site permitting requirements including any
 3184  requirements for nutrient management plans, and the range of
 3185  costs to local governments, affected businesses and individuals
 3186  for alternative treatment and disposal methods. The report shall
 3187  also include any recommendations for legislation or rule
 3188  authority needed to reduce land application of septage.
 3189         Section 36. Section 381.00656, Florida Statutes, is created
 3190  to read:
 3191         381.00656 Grant program for repair of onsite sewage
 3192  treatment disposal systems.—Effective January 1, 2012, the
 3193  department shall administer a grant program to assist owners of
 3194  onsite sewage treatment and disposal systems identified pursuant
 3195  to s. 381.0065 or the rules adopted thereunder. A grant under
 3196  the program may be awarded to an owner only for the purpose of
 3197  inspecting, pumping, repairing, or replacing a system serving a
 3198  single-family residence occupied by an owner with a family
 3199  income of less than or equal to 133 percent of the federal
 3200  poverty level at the time of application. The department may
 3201  prioritize applications for an award of grant funds based upon
 3202  the severity of a system’s failure, its relative environmental
 3203  impact, the income of the family, or any combination thereof.
 3204  The department shall adopt rules establishing the grant
 3205  application and award process, including an application form.
 3206  The department shall seek to make grants in each fiscal year
 3207  equal to the total amount of grant funds available, with any
 3208  excess funds used for grant awards in subsequent fiscal years.
 3209         Section 37. Subsection (2) of section 381.0066, Florida
 3210  Statutes, is amended to read:
 3211         381.0066 Onsite sewage treatment and disposal systems;
 3212  fees.—
 3213         (2) The minimum fees in the following fee schedule apply
 3214  until changed by rule by the department within the following
 3215  limits:
 3216         (a) Application review, permit issuance, or system
 3217  inspection, including repair of a subsurface, mound, filled, or
 3218  other alternative system or permitting of an abandoned system: a
 3219  fee of not less than $25, or more than $125.
 3220         (b) A 5-year evaluation report submitted pursuant to s.
 3221  381.0065(5): a fee not less than $15, or more than $30. At least
 3222  $1 and no more than $5 collected pursuant to this paragraph
 3223  shall be used to fund a grant program established under s.
 3224  381.00656.
 3225         (c)(b) Site evaluation, site reevaluation, evaluation of a
 3226  system previously in use, or a per annum septage disposal site
 3227  evaluation: a fee of not less than $40, or more than $115.
 3228         (d)(c) Biennial Operating permit for aerobic treatment
 3229  units or performance-based treatment systems: a fee of not more
 3230  than $100.
 3231         (e)(d) Annual operating permit for systems located in areas
 3232  zoned for industrial manufacturing or equivalent uses or where
 3233  the system is expected to receive wastewater which is not
 3234  domestic in nature: a fee of not less than $150, or more than
 3235  $300.
 3236         (f)(e) Innovative technology: a fee not to exceed $25,000.
 3237         (g)(f) Septage disposal service, septage stabilization
 3238  facility, portable or temporary toilet service, tank
 3239  manufacturer inspection: a fee of not less than $25, or more
 3240  than $200, per year.
 3241         (h)(g) Application for variance: a fee of not less than
 3242  $150, or more than $300.
 3243         (i)(h) Annual operating permit for waterless, incinerating,
 3244  or organic waste composting toilets: a fee of not less than $50,
 3245  or more than $150.
 3246         (j)(i) Aerobic treatment unit or performance-based
 3247  treatment system maintenance entity permit: a fee of not less
 3248  than $25, or more than $150, per year.
 3249         (k)(j) Reinspection fee per visit for site inspection after
 3250  system construction approval or for noncompliant system
 3251  installation per site visit: a fee of not less than $25, or more
 3252  than $100.
 3253         (l)(k) Research: An additional $5 fee shall be added to
 3254  each new system construction permit issued to be used to fund
 3255  onsite sewage treatment and disposal system research,
 3256  demonstration, and training projects. Five dollars from any
 3257  repair permit fee collected under this section shall be used for
 3258  funding the hands-on training centers described in s.
 3259  381.0065(3)(j).
 3260         (m)(l) Annual operating permit, including annual inspection
 3261  and any required sampling and laboratory analysis of effluent,
 3262  for an engineer-designed performance-based system: a fee of not
 3263  less than $150, or more than $300.
 3264  
 3265  On or before January 1, 2011, the Surgeon General, after
 3266  consultation with the Revenue Estimating Conference, shall
 3267  determine a revenue neutral fee schedule for services provided
 3268  pursuant to s. 381.0065(5) within the parameters set in
 3269  paragraph (b). Such determination is not subject to the
 3270  provisions of chapter 120. The funds collected pursuant to this
 3271  subsection must be deposited in a trust fund administered by the
 3272  department, to be used for the purposes stated in this section
 3273  and ss. 381.0065 and 381.00655.
 3274         Section 38. Subsection (9) of section 403.086, Florida
 3275  Statutes, is amended, and subsection (10) is added to that
 3276  section, to read:
 3277         403.086 Sewage disposal facilities; advanced and secondary
 3278  waste treatment.—
 3279         (9) The Legislature finds that the discharge of domestic
 3280  wastewater through ocean outfalls wastes valuable water supplies
 3281  that should be reclaimed for beneficial purposes to meet public
 3282  and natural systems demands. The Legislature also finds that
 3283  discharge of domestic wastewater through ocean outfalls
 3284  compromises the coastal environment, quality of life, and local
 3285  economies that depend on those resources. The Legislature
 3286  declares that more stringent treatment and management
 3287  requirements for such domestic wastewater and the subsequent,
 3288  timely elimination of ocean outfalls as a primary means of
 3289  domestic wastewater discharge are in the public interest.
 3290         (a) The construction of new ocean outfalls for domestic
 3291  wastewater discharge and the expansion of existing ocean
 3292  outfalls for this purpose, along with associated pumping and
 3293  piping systems, are prohibited. Each domestic wastewater ocean
 3294  outfall shall be limited to the discharge capacity specified in
 3295  the department permit authorizing the outfall in effect on July
 3296  1, 2008, which discharge capacity shall not be increased.
 3297  Maintenance of existing, department-authorized domestic
 3298  wastewater ocean outfalls and associated pumping and piping
 3299  systems is allowed, subject to the requirements of this section.
 3300  The department is directed to work with the United States
 3301  Environmental Protection Agency to ensure that the requirements
 3302  of this subsection are implemented consistently for all domestic
 3303  wastewater facilities in Florida which discharge through ocean
 3304  outfalls.
 3305         (b) The discharge of domestic wastewater through ocean
 3306  outfalls shall meet advanced wastewater treatment and management
 3307  requirements no later than December 31, 2018. For purposes of
 3308  this subsection, the term “advanced wastewater treatment and
 3309  management requirements” means the advanced waste treatment
 3310  requirements set forth in subsection (4), a reduction in outfall
 3311  baseline loadings of total nitrogen and total phosphorus which
 3312  is equivalent to that which would be achieved by the advanced
 3313  waste treatment requirements in subsection (4), or a reduction
 3314  in cumulative outfall loadings of total nitrogen and total
 3315  phosphorus occurring between December 31, 2008, and December 31,
 3316  2025, which is equivalent to that which would be achieved if the
 3317  advanced waste treatment requirements in subsection (4) were
 3318  fully implemented beginning December 31, 2018, and continued
 3319  through December 31, 2025. The department shall establish the
 3320  average baseline loadings of total nitrogen and total phosphorus
 3321  for each outfall using monitoring data available for calendar
 3322  years 2003 through 2007 and shall establish required loading
 3323  reductions based on this baseline. The baseline loadings and
 3324  required loading reductions of total nitrogen and total
 3325  phosphorus shall be expressed as an average annual daily loading
 3326  value. The advanced wastewater treatment and management
 3327  requirements of this paragraph shall be deemed to be met for any
 3328  domestic wastewater facility discharging through an ocean
 3329  outfall on July 1, 2008, which has installed no later than
 3330  December 31, 2018, a fully operational reuse system comprising
 3331  100 percent of the facility’s annual average daily flow for
 3332  reuse activities authorized by the department.
 3333         (c) Each domestic wastewater facility that discharges
 3334  through an ocean outfall on July 1, 2008, shall install a
 3335  functioning reuse system no later than December 31, 2025. For
 3336  purposes of this subsection, a “functioning reuse system” means
 3337  an environmentally, economically, and technically feasible
 3338  system that provides a minimum of 60 percent of the facility’s
 3339  actual flow on an annual basis for irrigation of public access
 3340  areas, residential properties, or agricultural crops; aquifer
 3341  recharge; groundwater recharge; industrial cooling; or other
 3342  acceptable reuse purposes authorized by the department. For
 3343  purposes of this subsection, the term “facility’s actual flow on
 3344  an annual basis” means the annual average flow of domestic
 3345  wastewater discharging through the facility’s ocean outfall, as
 3346  determined by the department, using monitoring data available
 3347  for calendar years 2003 through 2007. Flows diverted Diversion
 3348  of flows from these facilities to other facilities that provide
 3349  100 percent reuse of the diverted flows prior to December 31,
 3350  2025, shall be considered to contribute to meeting the 60
 3351  percent 60-percent reuse requirement. For utilities operating
 3352  more than one outfall, the reuse requirement can be met if the
 3353  combined actual reuse flows from facilities served by the
 3354  outfalls is at least 60 percent of the sum of the total actual
 3355  flows from the these facilities, including flows diverted to
 3356  other facilities for 100 percent reuse prior to December 31,
 3357  2025. In the event treatment in addition to the advanced
 3358  wastewater treatment and management requirements described in
 3359  paragraph (b) is needed in order to support a functioning reuse
 3360  system, such treatment shall be fully operational no later than
 3361  December 31, 2025.
 3362         (d) The discharge of domestic wastewater through ocean
 3363  outfalls is prohibited after December 31, 2025, except as a
 3364  backup discharge that is part of a functioning reuse system
 3365  authorized by the department as provided for in paragraph (c). A
 3366  backup discharge may occur only during periods of reduced demand
 3367  for reclaimed water in the reuse system, such as periods of wet
 3368  weather, and shall comply with the advanced wastewater treatment
 3369  and management requirements of paragraph (b).
 3370         (e) The holder of a department permit authorizing the
 3371  discharge of domestic wastewater through an ocean outfall as of
 3372  July 1, 2008, shall submit to the secretary of the department
 3373  the following:
 3374         1. A detailed plan to meet the requirements of this
 3375  subsection, including an identification of all land acquisition
 3376  and facilities necessary to provide for reuse of the domestic
 3377  wastewater; an analysis of the costs to meet the requirements;
 3378  and a financing plan for meeting the requirements, including
 3379  identifying any actions necessary to implement the financing
 3380  plan, such as bond issuance or other borrowing, assessments,
 3381  rate increases, fees, other charges, or other financing
 3382  mechanisms. The plan shall include a detailed schedule for the
 3383  completion of all necessary actions and shall be accompanied by
 3384  supporting data and other documentation. The plan shall be
 3385  submitted no later than July 1, 2013.
 3386         2. No later than July 1, 2016, an update of the plan
 3387  required in subparagraph 1. documenting any refinements or
 3388  changes in the costs, actions, or financing necessary to
 3389  eliminate the ocean outfall discharge in accordance with this
 3390  subsection or a written statement that the plan is current and
 3391  accurate.
 3392         (f) By December 31, 2009, and by December 31 every 5 years
 3393  thereafter, the holder of a department permit authorizing the
 3394  discharge of domestic wastewater through an ocean outfall shall
 3395  submit to the secretary of the department a report summarizing
 3396  the actions accomplished to date and the actions remaining and
 3397  proposed to meet the requirements of this subsection, including
 3398  progress toward meeting the specific deadlines set forth in
 3399  paragraphs (b) through (e). The report shall include the
 3400  detailed schedule for and status of the evaluation of reuse and
 3401  disposal options, preparation of preliminary design reports,
 3402  preparation and submittal of permit applications, construction
 3403  initiation, construction progress milestones, construction
 3404  completion, initiation of operation, and continuing operation
 3405  and maintenance.
 3406         (g) No later than July 1, 2010, and by July 1 every 5 years
 3407  thereafter, the department shall submit a report to the
 3408  Governor, the President of the Senate, and the Speaker of the
 3409  House of Representatives on the implementation of this
 3410  subsection. The report shall summarize progress to date,
 3411  including the increased amount of reclaimed water provided and
 3412  potable water offsets achieved, and identify any obstacles to
 3413  continued progress, including all instances of substantial
 3414  noncompliance.
 3415         (h) By February 1, 2012, the department shall submit a
 3416  report to the Governor and Legislature detailing the results and
 3417  recommendations from phases 1 through 3 of its ongoing study on
 3418  reclaimed water use.
 3419         (i)(h) The renewal of each permit that authorizes the
 3420  discharge of domestic wastewater through an ocean outfall as of
 3421  July 1, 2008, shall be accompanied by an order in accordance
 3422  with s. 403.088(2)(e) and (f) which establishes an enforceable
 3423  compliance schedule consistent with the requirements of this
 3424  subsection.
 3425         (j) An entity that diverts wastewater flow from a receiving
 3426  facility that discharges domestic wastewater through an ocean
 3427  outfall must meet the 60 percent reuse requirement of paragraph
 3428  (c). Reuse by the diverting entity of the diverted flows shall
 3429  be credited to the diverting entity. The diverted flow shall
 3430  also be correspondingly deducted from the receiving facility’s
 3431  actual flow on an annual basis from which the required reuse is
 3432  calculated pursuant to paragraph (c), and the receiving
 3433  facility’s reuse requirement shall be recalculated accordingly.
 3434         (10) The Legislature finds that the discharge of
 3435  inadequately treated and managed domestic wastewater from dozens
 3436  of small wastewater facilities and thousands of septic tanks and
 3437  other onsite systems in the Florida Keys compromises the quality
 3438  of the coastal environment, including nearshore and offshore
 3439  waters, and threatens the quality of life and local economies
 3440  that depend on those resources. The Legislature also finds that
 3441  the only practical and cost-effective way to fundamentally
 3442  improve wastewater management in the Florida Keys is for the
 3443  local governments in Monroe County, including those special
 3444  districts established for the purpose of collection,
 3445  transmission, treatment, or disposal of sewage, to timely
 3446  complete the wastewater or sewage treatment and disposal
 3447  facilities initiated under the work program of Administration
 3448  Commission rule 28-20, Florida Administrative Code, and the
 3449  Monroe County Sanitary Master Wastewater Plan, dated June 2000.
 3450  The Legislature therefore declares that the construction and
 3451  operation of comprehensive central wastewater systems in
 3452  accordance with this subsection is in the public interest. To
 3453  give effect to those findings, the requirements of this
 3454  subsection apply to all domestic wastewater facilities in Monroe
 3455  County, including privately owned facilities, unless otherwise
 3456  provided under this subsection.
 3457         (a) The discharge of domestic wastewater into surface
 3458  waters is prohibited.
 3459         (b) Monroe County, each municipality, and those special
 3460  districts established for the purpose of collection,
 3461  transmission, treatment, or disposal of sewage in Monroe County
 3462  shall complete the wastewater collection, treatment, and
 3463  disposal facilities within its jurisdiction designated as hot
 3464  spots in the Monroe County Sanitary Master Wastewater Plan,
 3465  dated June 2000, specifically listed in Exhibits 6-1 through 6-3
 3466  of Chapter 6 of the plan and mapped in Exhibit F-1 of Appendix F
 3467  of the plan. The required facilities and connections, and any
 3468  additional facilities or other adjustments required by rules
 3469  adopted by the Administration Commission under s. 380.0552, must
 3470  be completed by December 31, 2015, pursuant to specific
 3471  schedules established by the commission. Domestic wastewater
 3472  facilities located outside local government and special district
 3473  service areas must meet the treatment and disposal requirements
 3474  of this subsection by December 31, 2015.
 3475         (c) After December 31, 2015, all new or expanded domestic
 3476  wastewater discharges must comply with the treatment and
 3477  disposal requirements of this subsection and department rules.
 3478         (d) Wastewater treatment facilities having design
 3479  capacities:
 3480         1. Greater than or equal to 100,000 gallons per day must
 3481  provide basic disinfection as defined by department rule and the
 3482  level of treatment which, on a permitted annual average basis,
 3483  produces an effluent that contains no more than the following
 3484  concentrations:
 3485         a. Biochemical Oxygen Demand (CBOD5) of 5 mg/l.
 3486         b. Suspended Solids of 5 mg/l.
 3487         c. Total Nitrogen, expressed as N, of 3 mg/l.
 3488         d. Total Phosphorus, expressed as P, of 1 mg/l.
 3489         2. Less than 100,000 gallons per day must provide basic
 3490  disinfection as defined by department rule and the level of
 3491  treatment which, on a permitted annual average basis, produces
 3492  an effluent that contains no more than the following
 3493  concentrations:
 3494         a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
 3495         b. Suspended Solids of 10 mg/l.
 3496         c. Total Nitrogen, expressed as N, of 10 mg/l.
 3497         d. Total Phosphorus, expressed as P, of 1 mg/l.
 3498         (e) Class V injection wells, as defined by department or
 3499  Department of Health rule, must meet the following requirements
 3500  and otherwise comply with department or Department of Health
 3501  rules, as applicable:
 3502         1. If the design capacity of the facility is less than 1
 3503  million gallons per day, the injection well must be at least 90
 3504  feet deep and cased to a minimum depth of 60 feet or to such
 3505  greater cased depth and total well depth as may be required by
 3506  department rule.
 3507         2. Except as provided in subparagraph 3. for backup wells,
 3508  if the design capacity of the facility is equal to or greater
 3509  than 1 million gallons per day, each primary injection well must
 3510  be cased to a minimum depth of 2,000 feet or to such greater
 3511  depth as may be required by department rule.
 3512         3. If an injection well is used as a backup to a primary
 3513  injection well, the following conditions apply:
 3514         a. The backup well may be used only when the primary
 3515  injection well is out of service because of equipment failure,
 3516  power failure, or the need for mechanical integrity testing or
 3517  repair;
 3518         b. The backup well may not be used for more than a total of
 3519  500 hours during any 5-year period unless specifically
 3520  authorized in writing by the department;
 3521         c. The backup well must be at least 90 feet deep and cased
 3522  to a minimum depth of 60 feet, or to such greater cased depth
 3523  and total well depth as may be required by department rule; and
 3524         d. Fluid injected into the backup well must meet the
 3525  requirements of paragraph (d).
 3526         (f) The requirements of paragraphs (d) and (e) do not apply
 3527  to:
 3528         1. Class I injection wells as defined by department rule,
 3529  including any authorized mechanical integrity tests;
 3530         2. Authorized mechanical integrity tests associated with
 3531  Class V wells as defined by department rule; or
 3532         3. The following types of reuse systems authorized by
 3533  department rule:
 3534         a. Slow-rate land application systems;
 3535         b. Industrial uses of reclaimed water; and
 3536         c. Use of reclaimed water for toilet flushing, fire
 3537  protection, vehicle washing, construction dust control, and
 3538  decorative water features.
 3539  
 3540  However, disposal systems serving as backups to reuse systems
 3541  must comply with the other provisions of this subsection.
 3542         (g) For wastewater treatment facilities in operation as of
 3543  July 1, 2010, which are located within areas to be served by
 3544  Monroe County, municipalities in Monroe County, or those special
 3545  districts established for the purpose of collection,
 3546  transmission, treatment, or disposal of sewage but which are
 3547  owned by other entities, the requirements of paragraphs (d) and
 3548  (e) do not apply until January 1, 2016. Wastewater operating
 3549  permits issued pursuant to this chapter and in effect for these
 3550  facilities as of June 30, 2010, are extended until December 31,
 3551  2015, or until the facility is connected to a local government
 3552  central wastewater system, whichever occurs first. Wastewater
 3553  treatment facilities in operation after December 31, 2015, must
 3554  comply with the treatment and disposal requirements of this
 3555  subsection and department rules.
 3556         (h) If it is demonstrated that a discharge, even if the
 3557  discharge is otherwise in compliance with this subsection, will
 3558  cause or contribute to a violation of state water quality
 3559  standards, the department shall:
 3560         1. Require more stringent effluent limitations;
 3561         2. Order the point or method of discharge changed;
 3562         3. Limit the duration or volume of the discharge; or
 3563         4. Prohibit the discharge.
 3564         (i) All sewage treatment facilities must monitor effluent
 3565  for total nitrogen and total phosphorus concentration as
 3566  required by department rule.
 3567         (j) The department shall require the levels of operator
 3568  certification and staffing necessary to ensure proper operation
 3569  and maintenance of sewage facilities.
 3570         (k)The department may adopt rules necessary to carry out
 3571  this subsection.
 3572         (l) The authority of a local government, including a
 3573  special district, to mandate connection of a wastewater
 3574  facility, as defined by department rule, is governed by section
 3575  4 of chapter 99-395, Laws of Florida.
 3576         Section 39. Section 5 of chapter 99-395, Laws of Florida;
 3577  and section 6 of chapter 99-395, Laws of Florida, as amended by
 3578  section 1 of chapter 2001-337, and section 1 of chapter 2004
 3579  455, Laws of Florida, are repealed.
 3580         Section 40. Subsection (2) of section 403.1835, Florida
 3581  Statutes, is reordered and amended, and subsections (3) and (10)
 3582  of that section are amended, to read:
 3583         403.1835 Water pollution control financial assistance.—
 3584         (2) As used in For the purposes of this section and s.
 3585  403.1837, the term:
 3586         (c)(a) “Local governmental agencies” refers to any
 3587  municipality, county, district, or authority, or any agency
 3588  thereof, or a combination of two or more of the foregoing,
 3589  acting jointly in connection with a project having jurisdiction
 3590  over collection, transmission, treatment, or disposal of sewage,
 3591  industrial wastes, stormwater, or other wastes and includes a
 3592  district or authority whose the principal responsibility of
 3593  which is to provide airport, industrial or research park, or
 3594  port facilities to the public.
 3595         (a)(b) “Bonds” means bonds, certificates, or other
 3596  obligations of indebtedness issued by the Florida Water
 3597  Pollution Control Financing corporation under this section and
 3598  s. 403.1837.
 3599         (b)(c) “Corporation” means the Florida Water Pollution
 3600  Control Financing Corporation created under s. 403.1837.
 3601         (3) The department may provide financial assistance through
 3602  any program authorized under 33 U.S.C. s. 1383 s.603 of the
 3603  Federal Water Pollution Control Act (Clean Water Act), Pub. L.
 3604  No. 92-500, as amended, including, but not limited to, making
 3605  grants and loans, providing loan guarantees, purchasing loan
 3606  insurance or other credit enhancements, and buying or
 3607  refinancing local debt. This financial assistance must be
 3608  administered in accordance with this section and applicable
 3609  federal authorities. The department shall administer all
 3610  programs operated from funds secured through the activities of
 3611  the Florida Water Pollution Control Financing corporation under
 3612  s. 403.1837, to fulfill the purposes of this section.
 3613         (a) The department may make or request the corporation to
 3614  make loans to local government agencies, which agencies may
 3615  pledge any revenue available to them to repay any funds
 3616  borrowed.
 3617         (b) The department may make or request the corporation to
 3618  make loans, grants, and deposits to other entities eligible to
 3619  participate in the financial assistance programs authorized
 3620  under the Federal Water Pollution Control Act, or as a result of
 3621  other federal action, which entities may pledge any revenue
 3622  available to them to repay any funds borrowed. Notwithstanding
 3623  s. 17.57, the department may make deposits to financial
 3624  institutions that which earn less than the prevailing rate for
 3625  United States Treasury securities that have with corresponding
 3626  maturities for the purpose of enabling such financial
 3627  institutions to make below-market interest rate loans to
 3628  entities qualified to receive loans under this section and the
 3629  rules of the department.
 3630         (c) The department shall administer financial assistance so
 3631  that at least 15 percent of the funding made available each year
 3632  under this section is reserved for use by small communities
 3633  during the year it is reserved.
 3634         (d) The department may make grants to financially
 3635  disadvantaged small communities, as defined in s. 403.1838,
 3636  using funds made available from grant allocations on loans
 3637  authorized under subsection (4). The grants must be administered
 3638  in accordance with s. 403.1838.
 3639         (10) The department may adopt rules regarding program
 3640  administration; project eligibilities and priorities, including
 3641  the development and management of project priority lists;
 3642  financial assistance application requirements associated with
 3643  planning, design, construction, and implementation activities,
 3644  including environmental and engineering requirements; financial
 3645  assistance agreement conditions; disbursement and repayment
 3646  provisions; auditing provisions; program exceptions; the
 3647  procedural and contractual relationship between the department
 3648  and the Florida Water Pollution Control Financing corporation
 3649  under s. 403.1837; and other provisions consistent with the
 3650  purposes of this section.
 3651         Section 41. Section 403.1837, Florida Statutes, is amended
 3652  to read:
 3653         403.1837 Florida Water Pollution Control Financing
 3654  Corporation.—
 3655         (1) The Florida Water Pollution Control Financing
 3656  Corporation is created as a nonprofit public-benefit corporation
 3657  for the purpose of financing or refinancing the costs of water
 3658  pollution control projects and activities described in ss. s.
 3659  403.1835 and 403.8532. The projects and activities described in
 3660  those sections that section are found to constitute a public
 3661  governmental purpose; are be necessary for the health, safety,
 3662  and welfare of all residents; and include legislatively approved
 3663  fixed capital outlay projects. Fulfilling The fulfillment of the
 3664  purposes of the corporation promotes the health, safety, and
 3665  welfare of the people of the state and serves essential
 3666  governmental functions and a paramount public purpose. The
 3667  activities of the corporation are specifically limited to
 3668  assisting the department in implementing financing activities to
 3669  provide funding for the programs authorized in ss. s. 403.1835
 3670  and 403.8532. All other activities relating to the purposes for
 3671  which the corporation raises funds are the responsibility of the
 3672  department, including, but not limited to, development of
 3673  program criteria, review of applications for financial
 3674  assistance, decisions relating to the number and amount of loans
 3675  or other financial assistance to be provided, and enforcement of
 3676  the terms of any financial assistance agreements provided
 3677  through funds raised by the corporation. The corporation shall
 3678  terminate upon fulfilling fulfillment of the purposes of this
 3679  section.
 3680         (2) The corporation shall be governed by a board of
 3681  directors consisting of the Governor’s Budget Director or the
 3682  budget director’s designee, the Chief Financial Officer or the
 3683  Chief Financial Officer’s designee, and the Secretary of
 3684  Environmental Protection or the secretary’s designee. The
 3685  executive director of the State Board of Administration shall be
 3686  the chief executive officer of the corporation; shall direct and
 3687  supervise the administrative affairs of the corporation; and
 3688  shall control, direct, and supervise operation of the
 3689  corporation. The corporation shall have such other officers as
 3690  may be determined by the board of directors.
 3691         (3) The corporation shall have all the powers of a
 3692  corporate body under the laws of the state, consistent to the
 3693  extent not inconsistent with or restricted by this section,
 3694  including, but not limited to, the power to:
 3695         (a) Adopt, amend, and repeal bylaws consistent not
 3696  inconsistent with this section.
 3697         (b) Sue and be sued.
 3698         (c) Adopt and use a common seal.
 3699         (d) Acquire, purchase, hold, lease, and convey any real and
 3700  personal property as may be proper or expedient to carry out the
 3701  purposes of the corporation and this section, and to sell,
 3702  lease, or otherwise dispose of that property.
 3703         (e) Elect or appoint and employ such officers, agents, and
 3704  employees as the corporation considers advisable to operate and
 3705  manage the affairs of the corporation, who which officers,
 3706  agents, and employees may be officers or employees of the
 3707  department and the state agencies represented on the board of
 3708  directors of the corporation.
 3709         (f) Borrow money and issue notes, bonds, certificates of
 3710  indebtedness, or other obligations or evidences of indebtedness
 3711  described in s. 403.1835 or s. 403.8532.
 3712         (g) Operate, as specifically directed by the department,
 3713  any program to provide financial assistance authorized under s.
 3714  403.1835(3) or s. 403.8532(3), which may be funded from any
 3715  funds received under a service contract with the department,
 3716  from the proceeds of bonds issued by the corporation, or from
 3717  any other funding sources obtained by the corporation.
 3718         (h) Sell all or any portion of the loans issued under s.
 3719  403.1835 or s. 403.8532 to accomplish the purposes of those
 3720  sections this section and s. 403.1835.
 3721         (i) Make and execute any contracts, trust agreements, and
 3722  other instruments and agreements necessary or convenient to
 3723  accomplish the purposes of the corporation and this section.
 3724         (j) Select, retain, and employ professionals, contractors,
 3725  or agents, which may include the Division of Bond Finance of the
 3726  State Board of Administration, as are necessary or convenient to
 3727  enable or assist the corporation in carrying out its purposes
 3728  and this section.
 3729         (k) Do any act or thing necessary or convenient to carry
 3730  out the purposes of the corporation and this section.
 3731         (4) The corporation shall evaluate all financial and market
 3732  conditions necessary and prudent for the purpose of making
 3733  sound, financially responsible, and cost-effective decisions in
 3734  order to secure additional funds to fulfill the purposes of this
 3735  section and ss. s. 403.1835 and 403.8532.
 3736         (5) The corporation may enter into one or more service
 3737  contracts with the department under which the corporation shall
 3738  provide services to the department in connection with financing
 3739  the functions, projects, and activities provided for in ss. s.
 3740  403.1835 and 403.8532. The department may enter into one or more
 3741  service contracts with the corporation and provide for payments
 3742  under those contracts pursuant to s. 403.1835(9) or s. 403.8533,
 3743  subject to annual appropriation by the Legislature.
 3744         (a) The service contracts may provide for the transfer of
 3745  all or a portion of the funds in the Wastewater Treatment and
 3746  Stormwater Management Revolving Loan Trust Fund and the Drinking
 3747  Water Revolving Loan Trust Fund to the corporation for use by
 3748  the corporation for costs incurred by the corporation in its
 3749  operations, including, but not limited to, payment of debt
 3750  service, reserves, or other costs in relation to bonds issued by
 3751  the corporation, for use by the corporation at the request of
 3752  the department to directly provide the types of local financial
 3753  assistance provided for in ss. s. 403.1835(3) and 403.8532(3),
 3754  or for payment of the administrative costs of the corporation.
 3755         (b) The department may not transfer funds under any service
 3756  contract with the corporation without a specific appropriation
 3757  for such purpose in the General Appropriations Act, except for
 3758  administrative expenses incurred by the State Board of
 3759  Administration or other expenses necessary under documents
 3760  authorizing or securing previously issued bonds of the
 3761  corporation. The service contracts may also provide for the
 3762  assignment or transfer to the corporation of any loans made by
 3763  the department.
 3764         (c) The service contracts may establish the operating
 3765  relationship between the department and the corporation and must
 3766  shall require the department to request the corporation to issue
 3767  bonds before any issuance of bonds by the corporation, to take
 3768  any actions necessary to enforce the agreements entered into
 3769  between the corporation and other parties, and to take all other
 3770  actions necessary to assist the corporation in its operations.
 3771         (d) In compliance with s. 287.0641 and other applicable
 3772  provisions of law, the obligations of the department under the
 3773  service contracts do not constitute a general obligation of the
 3774  state or a pledge of the faith and credit or taxing power of the
 3775  state, nor may the obligations be construed in any manner as an
 3776  obligation of the State Board of Administration or entities for
 3777  which it invests funds, or of the department except as provided
 3778  in this section as payable solely from amounts available under
 3779  any service contract between the corporation and the department,
 3780  subject to appropriation.
 3781         (e) In compliance with this subsection and s. 287.0582,
 3782  service contracts must expressly include the following
 3783  statement: “The State of Florida’s performance and obligation to
 3784  pay under this contract is contingent upon an annual
 3785  appropriation by the Legislature.”
 3786         (6) The corporation may issue and incur notes, bonds,
 3787  certificates of indebtedness, or other obligations or evidences
 3788  of indebtedness payable from and secured by amounts received
 3789  from payment of loans and other moneys received by the
 3790  corporation, including, but not limited to, amounts payable to
 3791  the corporation by the department under a service contract
 3792  entered into under subsection (5). The proceeds of the bonds may
 3793  be used for the purpose of providing funds for projects and
 3794  activities provided for in subsection (1) or for refunding bonds
 3795  previously issued by the corporation. The corporation may select
 3796  a financing team and issue obligations through competitive
 3797  bidding or negotiated contracts, whichever is most cost
 3798  effective. Any Such indebtedness of the corporation does not
 3799  constitute a debt or obligation of the state or a pledge of the
 3800  faith and credit or taxing power of the state.
 3801         (7) The corporation is exempt from taxation and assessments
 3802  of any nature whatsoever upon its income and any property,
 3803  assets, or revenues acquired, received, or used in the
 3804  furtherance of the purposes provided in ss. 403.1835, and
 3805  403.1838, and 403.8532. The obligations of the corporation
 3806  incurred under subsection (6) and the interest and income on the
 3807  obligations and all security agreements, letters of credit,
 3808  liquidity facilities, or other obligations or instruments
 3809  arising out of, entered into in connection with, or given to
 3810  secure payment of the obligations are exempt from all taxation;
 3811  however, the exemption does not apply to any tax imposed by
 3812  chapter 220 on the interest, income, or profits on debt
 3813  obligations owned by corporations.
 3814         (8) The corporation shall validate any bonds issued under
 3815  this section, except refunding bonds, which may be validated at
 3816  the option of the corporation, by proceedings under chapter 75.
 3817  The validation complaint must be filed only in the Circuit Court
 3818  for Leon County. The notice required under s. 75.06 must be
 3819  published in Leon County, and the complaint and order of the
 3820  circuit court shall be served only on the State Attorney for the
 3821  Second Judicial Circuit. Sections 75.04(2) and 75.06(2) do not
 3822  apply to a validation complaint filed as authorized in this
 3823  subsection. The validation of the first bonds issued under this
 3824  section may be appealed to the Supreme Court, and the appeal
 3825  shall be handled on an expedited basis.
 3826         (9) The corporation and the department may shall not take
 3827  any action that will materially and adversely affects affect the
 3828  rights of holders of any obligations issued under this section
 3829  as long as the obligations are outstanding.
 3830         (10) The corporation is not a special district for purposes
 3831  of chapter 189 or a unit of local government for purposes of
 3832  part III of chapter 218. The provisions of chapters 120 and 215,
 3833  except the limitation on interest rates provided by s. 215.84,
 3834  which applies to obligations of the corporation issued under
 3835  this section, and part I of chapter 287, except ss. 287.0582 and
 3836  287.0641, do not apply to this section, the corporation created
 3837  in this section, the service contracts entered into under this
 3838  section, or debt obligations issued by the corporation as
 3839  provided in this section.
 3840         (11) The benefits or earnings of the corporation may not
 3841  inure to the benefit of any private person, except persons
 3842  receiving grants and loans under s. 403.1835 or s. 403.8532.
 3843         (12) Upon dissolution of the corporation, title to all
 3844  property owned by the corporation reverts to the department.
 3845         (13) The corporation may contract with the State Board of
 3846  Administration to serve as trustee with respect to debt
 3847  obligations issued by the corporation as provided by this
 3848  section; to hold, administer, and invest proceeds of those debt
 3849  obligations and other funds of the corporation; and to perform
 3850  other services required by the corporation. The State Board of
 3851  Administration may perform these services and may contract with
 3852  others to provide all or a part of those services and to recover
 3853  the costs and expenses of providing those services.
 3854         Section 42. Subsections (2), (3), (9), and (14) of section
 3855  403.8532, Florida Statutes, are amended to read:
 3856         403.8532 Drinking water state revolving loan fund; use;
 3857  rules.—
 3858         (2) For purposes of this section, the term:
 3859         (a) “Bonds” means bonds, certificates, or other obligations
 3860  of indebtedness issued by the corporation under this section and
 3861  s. 403.1837.
 3862         (b) “Corporation” means the Florida Water Pollution Control
 3863  Financing Corporation created pursuant to s. 403.1837.
 3864         (c)(a) “Financially disadvantaged community” means the
 3865  service area of a project to be served by a public water system
 3866  that meets criteria established by department rule and in
 3867  accordance with federal guidance.
 3868         (d)(b) “Local governmental agency” means any municipality,
 3869  county, district, or authority, or any agency thereof, or a
 3870  combination of two or more of the foregoing acting jointly in
 3871  connection with a project, having jurisdiction over a public
 3872  water system.
 3873         (e)(c) “Public water system” means all facilities,
 3874  including land, necessary for the treatment and distribution of
 3875  water for human consumption and includes public water systems as
 3876  defined in s. 403.852 and as otherwise defined in the federal
 3877  Safe Drinking Water Act, as amended. Such systems may be
 3878  publicly owned, privately owned, investor-owned, or
 3879  cooperatively held.
 3880         (f)(d) “Small public water system” means a public water
 3881  system that which regularly serves fewer than 10,000 people.
 3882         (3) The department may is authorized to make, or request
 3883  that the corporation make, loans, grants, and deposits to
 3884  community water systems, nonprofit transient noncommunity water
 3885  systems, and nonprofit nontransient noncommunity water systems
 3886  to assist them in planning, designing, and constructing public
 3887  water systems, unless such public water systems are for-profit
 3888  privately owned or investor-owned systems that regularly serve
 3889  1,500 service connections or more within a single certified or
 3890  franchised area. However, a for-profit privately owned or
 3891  investor-owned public water system that regularly serves 1,500
 3892  service connections or more within a single certified or
 3893  franchised area may qualify for a loan only if the proposed
 3894  project will result in the consolidation of two or more public
 3895  water systems. The department may is authorized to provide loan
 3896  guarantees, to purchase loan insurance, and to refinance local
 3897  debt through the issue of new loans for projects approved by the
 3898  department. Public water systems may are authorized to borrow
 3899  funds made available pursuant to this section and may pledge any
 3900  revenues or other adequate security available to them to repay
 3901  any funds borrowed.
 3902         (a) The department shall administer loans so that amounts
 3903  credited to the Drinking Water Revolving Loan Trust Fund in any
 3904  fiscal year are reserved for the following purposes:
 3905         1.(a) At least 15 percent for to qualifying small public
 3906  water systems.
 3907         2.(b) Up to 15 percent for to qualifying financially
 3908  disadvantaged communities.
 3909         (b)(c)However, If an insufficient number of the projects
 3910  for which funds are reserved under this subsection paragraph
 3911  have been submitted to the department at the time the funding
 3912  priority list authorized under this section is adopted, the
 3913  reservation of these funds shall no longer applies apply. The
 3914  department may award the unreserved funds as otherwise provided
 3915  in this section.
 3916         (9) The department may adopt rules regarding the procedural
 3917  and contractual relationship between the department and the
 3918  corporation under s. 403.1837 and is authorized to make rules
 3919  necessary to carry out the purposes of this section and the
 3920  federal Safe Drinking Water Act, as amended. Such rules shall:
 3921         (a) Set forth a priority system for loans based on public
 3922  health considerations, compliance with state and federal
 3923  requirements relating to public drinking water systems, and
 3924  affordability. The priority system shall give special
 3925  consideration to the following:
 3926         1. Projects that provide for the development of alternative
 3927  drinking water supply projects and management techniques in
 3928  areas where existing source waters are limited or threatened by
 3929  saltwater intrusion, excessive drawdowns, contamination, or
 3930  other problems;
 3931         2. Projects that provide for a dependable, sustainable
 3932  supply of drinking water and that are not otherwise financially
 3933  feasible; and
 3934         3. Projects that contribute to the sustainability of
 3935  regional water sources.
 3936         (b) Establish the requirements for the award and repayment
 3937  of financial assistance.
 3938         (c) Require evidence of credit worthiness and adequate
 3939  security, including an identification of revenues to be pledged,
 3940  and documentation of their sufficiency for loan repayment and
 3941  pledged revenue coverage, to ensure that each loan recipient can
 3942  meet its loan repayment requirements.
 3943         (d) Require each project receiving financial assistance to
 3944  be cost-effective, environmentally sound, implementable, and
 3945  self-supporting.
 3946         (e) Implement other provisions of the federal Safe Drinking
 3947  Water Act, as amended.
 3948         (14) All moneys available for financial assistance under
 3949  this section shall be deposited in The Drinking Water Revolving
 3950  Loan Trust Fund established under s. 403.8533 shall be used
 3951  exclusively to carry out the purposes of this section. Any funds
 3952  that therein which are not needed on an immediate basis for
 3953  financial assistance shall be invested pursuant to s. 215.49.
 3954  State revolving fund capitalization grants awarded by the
 3955  Federal Government, state matching funds, and investment
 3956  earnings thereon shall be deposited into the fund. The principal
 3957  and interest of all loans repaid and investment earnings thereon
 3958  shall be deposited into the fund.
 3959         Section 43. Section 403.8533, Florida Statutes, is amended
 3960  to read:
 3961         403.8533 Drinking Water Revolving Loan Trust Fund.—
 3962         (1) There is created the Drinking Water Revolving Loan
 3963  Trust Fund to be administered by the Department of Environmental
 3964  Protection for the purposes of:
 3965         (a) Funding for low-interest loans for planning,
 3966  engineering design, and construction of public drinking water
 3967  systems and improvements to such systems;
 3968         (b) Funding for compliance activities, operator
 3969  certification programs, and source water protection programs;
 3970  and
 3971         (c) Funding for administering loans by the department; and.
 3972         (d) Paying amounts payable under any service contract
 3973  entered into by the department under s. 403.1837, subject to
 3974  annual appropriation by the Legislature.
 3975         (2) The trust fund shall be used for the deposit of all
 3976  moneys awarded by the Federal Government to fund revolving loan
 3977  programs. All moneys in the fund that are not needed on an
 3978  immediate basis for loans shall be invested pursuant to s.
 3979  215.49. The principal and interest of all loans repaid and
 3980  investment earnings shall be deposited into this fund.
 3981         (3) Pursuant to s. 19(f)(3), Art. III of the State
 3982  Constitution, the Drinking Water Revolving Loan Trust Fund is
 3983  exempt from the termination provisions of s. 19(f)(2), Art. III
 3984  of the State Constitution.
 3985         Section 44. Subsection (6) of section 369.317, Florida
 3986  Statutes, is amended to read:
 3987         369.317 Wekiva Parkway.—
 3988         (6) The Orlando-Orange County Expressway Authority is
 3989  hereby granted the authority to act as a third-party acquisition
 3990  agent, pursuant to s. 259.041 on behalf of the Board of Trustees
 3991  or chapter 373 on behalf of the governing board of the St. Johns
 3992  River Water Management District, for the acquisition of all
 3993  necessary lands, property and all interests in property
 3994  identified herein, including fee simple or less-than-fee simple
 3995  interests. The lands subject to this authority are identified in
 3996  paragraph 10.a., State of Florida, Office of the Governor,
 3997  Executive Order 03-112 of July 1, 2003, and in Recommendation 16
 3998  of the Wekiva Basin Area Task Force created by Executive Order
 3999  2002-259, such lands otherwise known as Neighborhood Lakes, a
 4000  1,587+/- acre parcel located in Orange and Lake Counties within
 4001  Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
 4002  and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
 4003  Seminole Woods/Swamp, a 5,353+/- acre parcel located in Lake
 4004  County within Section 37, Township 19 South, Range 28 East; New
 4005  Garden Coal; a 1,605+/- acre parcel in Lake County within
 4006  Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
 4007  East; Pine Plantation, a 617+/- acre tract consisting of eight
 4008  individual parcels within the Apopka City limits. The Department
 4009  of Transportation, the Department of Environmental Protection,
 4010  the St. Johns River Water Management District, and other land
 4011  acquisition entities shall participate and cooperate in
 4012  providing information and support to the third-party acquisition
 4013  agent. The land acquisition process authorized by this paragraph
 4014  shall begin no later than December 31, 2004. Acquisition of the
 4015  properties identified as Neighborhood Lakes, Pine Plantation,
 4016  and New Garden Coal, or approval as a mitigation bank shall be
 4017  concluded no later than December 31, 2010. Department of
 4018  Transportation and Orlando-Orange County Expressway Authority
 4019  funds expended to purchase an interest in those lands identified
 4020  in this subsection shall be eligible as environmental mitigation
 4021  for road construction related impacts in the Wekiva Study Area.
 4022  If any of the lands identified in this subsection are used as
 4023  environmental mitigation for road construction related impacts
 4024  incurred by the Department of Transportation or Orlando-Orange
 4025  County Expressway Authority, or for other impacts incurred by
 4026  other entities, within the Wekiva Study Area or within the
 4027  Wekiva parkway alignment corridor, and if the mitigation offsets
 4028  these impacts, the St. Johns River Water Management District and
 4029  the Department of Environmental Protection shall consider the
 4030  activity regulated under part IV of chapter 373 to meet the
 4031  cumulative impact requirements of s. 373.414(8)(a).
 4032         Section 45. Paragraph (m) is added to subsection (1) of
 4033  section 553.77, Florida Statutes, to read:
 4034         553.77 Specific powers of the commission.—
 4035         (1) The commission shall:
 4036         (m) Develop recommendations that result in conservation of
 4037  Florida’s water resources. The commission must consider products
 4038  that exceed National Energy Policy Act requirements for water
 4039  use and may consider products certified by the Environmental
 4040  Protection Agency’s WaterSense program, the Department of
 4041  Energy’s Energy Star program, or other certification programs.
 4042         Section 46. Subsection (20) is added to section 215.47,
 4043  Florida Statutes, to read:
 4044         215.47 Investments; authorized securities; loan of
 4045  securities.—Subject to the limitations and conditions of the
 4046  State Constitution or of the trust agreement relating to a trust
 4047  fund, moneys available for investments under ss. 215.44-215.53
 4048  may be invested as follows:
 4049         (20) The State Board of Administration, consistent with its
 4050  fiduciary duties, may invest net assets of the system trust fund
 4051  in projects deemed eligible under the provisions of s. 373.707.
 4052         Section 47. Subsection (8) is added to section 373.129,
 4053  Florida Statutes, to read:
 4054         373.129 Maintenance of actions.—The department, the
 4055  governing board of any water management district, any local
 4056  board, or a local government to which authority has been
 4057  delegated pursuant to s. 373.103(8), is authorized to commence
 4058  and maintain proper and necessary actions and proceedings in any
 4059  court of competent jurisdiction for any of the following
 4060  purposes:
 4061         (8)In conflicts arising where a water management district
 4062  is a party to litigation against another governmental entity, as
 4063  defined in s. 164.1031, a district has an affirmative duty to
 4064  engage in alternative dispute resolution in good faith as
 4065  required by chapter 164.
 4066         Section 48. Paragraph (b) of subsection (9) of section
 4067  403.707, Florida Statutes, is amended to read:
 4068         403.707 Permits.—
 4069         (9) The department shall establish a separate category for
 4070  solid waste management facilities that accept only construction
 4071  and demolition debris for disposal or recycling. The department
 4072  shall establish a reasonable schedule for existing facilities to
 4073  comply with this section to avoid undue hardship to such
 4074  facilities. However, a permitted solid waste disposal unit that
 4075  receives a significant amount of waste prior to the compliance
 4076  deadline established in this schedule shall not be required to
 4077  be retrofitted with liners or leachate control systems.
 4078         (b) The department shall not require liners and leachate
 4079  collection systems at individual disposal units and lateral
 4080  expansions of existing disposal units that have not received a
 4081  department permit authorizing construction or operation prior to
 4082  July 1, 2010, facilities unless the owner or operator it
 4083  demonstrates, based upon the types of waste received, the
 4084  methods for controlling types of waste disposed of, the
 4085  proximity of the groundwater and surface water, and the results
 4086  of the hydrogeological and geotechnical investigations, that the
 4087  facility is not reasonably expected to result in violations of
 4088  the groundwater standards and criteria if built without a liner
 4089  otherwise.
 4090         Section 49. Section 298.66, Florida Statutes, is amended to
 4091  read:
 4092         298.66 Obstruction of public drainage canals, etc.,
 4093  prohibited; damages; penalties.—
 4094         (1) A No person may not willfully, or otherwise, obstruct
 4095  any public canal, drain, ditch or watercourse or damage or
 4096  destroy any public drainage works constructed in or maintained
 4097  by any district.
 4098         (2)(1) Any person who shall willfully obstructs obstruct
 4099  any public canal, drain, ditch, or watercourse or damages or
 4100  destroys shall damage or destroy any public drainage works
 4101  constructed in or maintained by any district, shall be liable to
 4102  any person injured thereby for the full amount of the injury
 4103  occasioned to any land or crops or other property by reason of
 4104  such misconduct, and shall be liable to the district
 4105  constructing the drainage said work for double the cost of
 4106  removing such obstruction or repairing such damage.
 4107         (3)(2)Any person who Whoever shall willfully, or
 4108  otherwise, obstructs obstruct any public canal, drain, ditch, or
 4109  watercourse, impedes or obstructs or impede or obstruct the flow
 4110  of water therein, or damages or destroys shall damage or destroy
 4111  any public drainage works constructed in or maintained by any
 4112  district commits shall be guilty of a felony of the third
 4113  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 4114  775.084.
 4115         Section 50. It is the intent of the Legislature that the
 4116  creation of part VII of chapter 373, Florida Statutes, is to
 4117  reorganize certain existing provisions of part I of chapter 373,
 4118  Florida Statutes, and does not make any substantive changes to
 4119  existing law or judicial interpretation thereof. It is further
 4120  the intent of the Legislature that any legislation enacted
 4121  during the 2010 Regular Session and any extension thereof
 4122  affecting ss. 373.0361, 373.0391, 373.0831, 373.196, 373.1961,
 4123  373.1962, and 373.1963, Florida Statutes, either before or after
 4124  this act becomes law, be given full force and effect
 4125  substantively and that such new substantive provisions of law
 4126  shall be integrated into ss. 373.703, 373.705, 373.707, 373.709,
 4127  373.711, 373.713, and 373.715, Florida Statutes, as created by
 4128  this act.
 4129         Section 51. This act shall take effect July 1, 2010.

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