November 11, 2019
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Senate Bill 1104

Senate Bill sb1104c3

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004             CS for CS for CS for SB 1104

    By the Committees on Appropriations; Comprehensive Planning;
    Natural Resources; and Senator Dockery




    309-2526-04

  1                      A bill to be entitled

  2         An act relating to water resources; amending s.

  3         163.3167, F.S.; requiring local governments to

  4         address water supply sources necessary to meet

  5         projected water use demand included in

  6         comprehensive plans; amending s. 163.3177,

  7         F.S.; requiring local governments to update

  8         work plans for building water supply facilities

  9         to incorporate revised regional water supply

10         plans; providing that amendments to a

11         comprehensive plan to incorporate updated work

12         plans are not included in the limitation on the

13         frequency of adoption of amendments to a

14         comprehensive plan; amending s. 373.116, F.S.;

15         providing that local governments may receive

16         electronic notices of applications for

17         consumptive use permits; creating s. 373.2234,

18         F.S.; authorizing the governing board of a

19         water management district to adopt rules

20         identifying certain preferred water supply

21         sources; providing requirements with respect to

22         such rules; providing construction; amending s.

23         373.250, F.S.; authorizing water management

24         districts to require the use of reclaimed water

25         in lieu of surface or groundwater when the use

26         of uncommitted reclaimed water is

27         environmentally, economically, and technically

28         feasible; providing construction with respect

29         to such authority; providing legislative

30         findings and intent with regard to landscape

31         irrigation design; requiring water management

                                  1

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    Florida Senate - 2004             CS for CS for CS for SB 1104
    309-2526-04




 1         districts to develop landscape irrigation and

 2         xeriscape design standards; providing an

 3         effective date.

 4  

 5  Be It Enacted by the Legislature of the State of Florida:

 6  

 7         Section 1.  Subsection (13) is added to section

 8  163.3167, Florida Statutes, to read:

 9         163.3167  Scope of act.--

10         (13)  Each local government shall address in its

11  comprehensive plan, as enumerated in this chapter, the water

12  supply sources necessary to meet and achieve the existing and

13  projected water use demand for the established planning

14  period, considering the applicable plan developed pursuant to

15  s. 373.0361.

16         Section 2.  Paragraph (c) of subsection (6) of section

17  163.3177, Florida Statutes, is amended to read:

18         163.3177  Required and optional elements of

19  comprehensive plan; studies and surveys.--

20         (6)  In addition to the requirements of subsections

21  (1)-(5), the comprehensive plan shall include the following

22  elements:

23         (c)  A general sanitary sewer, solid waste, drainage,

24  potable water, and natural groundwater aquifer recharge

25  element correlated to principles and guidelines for future

26  land use, indicating ways to provide for future potable water,

27  drainage, sanitary sewer, solid waste, and aquifer recharge

28  protection requirements for the area.  The element may be a

29  detailed engineering plan including a topographic map

30  depicting areas of prime groundwater recharge. The element

31  shall describe the problems and needs and the general

                                  2

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    Florida Senate - 2004             CS for CS for CS for SB 1104
    309-2526-04




 1  facilities that will be required for solution of the problems

 2  and needs.  The element shall also include a topographic map

 3  depicting any areas adopted by a regional water management

 4  district as prime groundwater recharge areas for the Floridan

 5  or Biscayne aquifers, pursuant to s. 373.0395.  These areas

 6  shall be given special consideration when the local government

 7  is engaged in zoning or considering future land use for said

 8  designated areas.  For areas served by septic tanks, soil

 9  surveys shall be provided which indicate the suitability of

10  soils for septic tanks. By December 1, 2006 January 1, 2005,

11  or the Evaluation and Appraisal Report adoption deadline

12  established for the local government pursuant to s.

13  163.3191(a), whichever date occurs first, the element must

14  consider the appropriate water management district's regional

15  water supply plan approved pursuant to s. 373.0361. The

16  element must include a work plan, covering at least a 10-year

17  planning period, for building water supply facilities that are

18  identified in the element as necessary to serve existing and

19  new development and for which the local government is

20  responsible. The work plan shall be updated, at a minimum,

21  every 5 years within 12 months after the approval of the

22  revised regional water supply plan. Amendments to incorporate

23  the work plan do not count toward the limitation on the

24  frequency of adoption of amendments to a comprehensive plan.

25         Section 3.  Subsection (2) of section 373.116, Florida

26  Statutes, is amended to read:

27         373.116  Procedure for water use and impoundment

28  construction permit applications.--

29         (2)  Upon receipt of an application for a permit of the

30  type referred to in subsection (1), the governing board shall

31  cause a notice thereof to be published in a newspaper having

                                  3

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    Florida Senate - 2004             CS for CS for CS for SB 1104
    309-2526-04




 1  general circulation within the affected area. In addition, the

 2  governing board shall send, by regular or electronic mail, a

 3  copy of such notice to any person who has filed a written

 4  request for notification of any pending applications affecting

 5  this particular designated area. At the option of the

 6  applicable county or city government, notice of application

 7  for the consumptive use of water shall be mailed by regular or

 8  electronic mail to the county and appropriate city government

 9  from which boundaries the withdrawal is proposed to be made.

10         Section 4.  Section 373.2234, Florida Statutes, is

11  created to read:

12         373.2234  Preferred water supply sources.--The

13  governing board of a water management district is authorized

14  to adopt rules that identify preferred water supply sources

15  for consumptive uses for which there is sufficient data to

16  establish that a preferred source will provide a substantial

17  new water supply to meet the existing and projected

18  reasonable-beneficial uses of a water supply planning region

19  identified pursuant to s. 373.0361(1), while sustaining

20  existing water resources and natural systems. At a minimum,

21  such rules must contain a description of the preferred water

22  supply source and an assessment of the water the preferred

23  source is projected to produce. If an applicant proposes to

24  use a preferred water supply source, that applicant's proposed

25  water use is subject to s. 373.223(1), except that the

26  proposed use of a preferred water supply source must be

27  considered by a water management district when determining

28  whether a permit applicant's proposed use of water is

29  consistent with the public interest pursuant to s.

30  373.223(1)(c). A consumptive use permit issued for the use of

31  a preferred water supply source must be granted, when

                                  4

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    Florida Senate - 2004             CS for CS for CS for SB 1104
    309-2526-04




 1  requested by the applicant, for at least a 20-year period and

 2  may be subject to the compliance reporting provisions of s.

 3  373.236(3). Nothing in this section shall be construed to

 4  exempt the use of preferred water supply sources from the

 5  provisions of ss. 373.016(4) and 373.223(2) and (3), or be

 6  construed to provide that permits issued for the use of a

 7  nonpreferred water supply source must be issued for a duration

 8  of less than 20 years or that the use of a nonpreferred water

 9  supply source is not consistent with the public interest.

10  Additionally, nothing in this section shall be interpreted to

11  require the use of a preferred water supply source or to

12  restrict or prohibit the use of a nonpreferred water supply

13  source.  Rules adopted by the governing board of a water

14  management district to implement this section shall specify

15  that the use of a preferred water supply source is not

16  required, and that the use of a nonpreferred water supply

17  source is not restricted or prohibited.

18         Section 5.  Paragraph (c) is added to subsection (2) of

19  section 373.250, Florida Statutes, to read:

20         373.250  Reuse of reclaimed water.--

21         (2)

22         (c)  A water management district may require the use of

23  reclaimed water in lieu of surface water or groundwater when

24  the use of uncommitted reclaimed water is environmentally,

25  economically, and technically feasible and of such quality and

26  reliability as is necessary to the user. However, this

27  paragraph does not authorize a water management district to

28  require a provider of reclaimed water to redirect reclaimed

29  water from one user to another or to provide uncommitted water

30  to a specific user if such water is anticipated to be used by

31  

                                  5

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    Florida Senate - 2004             CS for CS for CS for SB 1104
    309-2526-04




 1  the provider, or a different user selected by the provider,

 2  within a reasonable amount of time.

 3         Section 6.  Landscape irrigation design.--

 4         (1)  The Legislature finds that multiple areas

 5  throughout the state have been identified by water management

 6  districts as water resource caution areas, which indicates

 7  that in the near future water demand in those areas will

 8  exceed the current available water supply and that

 9  conservation is one of the mechanisms by which future water

10  demand will be met.

11         (2)  The Legislature finds that landscape irrigation

12  comprises a significant portion of water use and that the

13  current typical landscape irrigation system and xeriscape

14  designs offer significant potential water conservation

15  benefits.

16         (3)  It is the intent of the Legislature to improve

17  landscape irrigation water use efficiency by ensuring that

18  landscape irrigation systems meet or exceed minimum design

19  criteria.

20         (4)  The water management districts shall work with the

21  Florida Chapter of the American Society of Landscape

22  Architects, the Florida Irrigation Society, the Florida

23  Nurserymen and Growers Association, the Department of

24  Agriculture and Consumer Services, the Institute of Food and

25  Agricultural Sciences, the Department of Environmental

26  Protection, the Department of Transportation, the Florida

27  League of Cities, the Florida Association of Counties, and the

28  Florida Association of Community Developers to develop

29  landscape irrigation and xeriscape design standards for new

30  construction which incorporate a landscape irrigation system

31  and develop scientifically based model guidelines for urban,

                                  6

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    Florida Senate - 2004             CS for CS for CS for SB 1104
    309-2526-04




 1  commercial, and residential landscape irrigation, including

 2  drip irrigation for plants, trees, sod, and other landscaping.

 3  The landscape and irrigation design standards must be based on

 4  the irrigation code defined in the Florida Building Code,

 5  Plumbing Volume, Appendix F. Local governments must use the

 6  standards and guidelines when developing landscape irrigation

 7  and xeriscape ordinances. Every 5 years, the agencies and

 8  entities specified in this subsection must review the

 9  standards and guidelines to determine whether new research

10  findings require a change or modification of the standards and

11  guidelines.

12         Section 7.  This act shall take effect upon becoming a

13  law.

14  

15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                      CS for CS for SB 1104

17                                 

18  The committee substitute provides that consumptive use permit
    applicants using preferred water sources can receive a 20-year
19  permit if requested, rather than requiring a 20-year permit.

20  

21  

22  

23  

24  

25  

26  

27  

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29  

30  

31  

                                  7

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