Florida Senate - 2010                                    SB 2202
       
       
       
       By Senator Haridopolos
       
       
       
       
       26-01547-10                                           20102202__
    1                        A bill to be entitled                      
    2         An act relating to water supply; creating part VII of
    3         ch. 373, F.S., relating to water supply policy,
    4         planning, production, and funding; providing a
    5         declaration of policy; providing for the powers and
    6         duties of water management district governing boards;
    7         requiring the Department of Environmental Protection
    8         to develop the Florida water supply plan; providing
    9         components of the plan; requiring water management
   10         district governing boards to develop water supply
   11         plans for their respective regions; providing
   12         components of district water supply plans; providing
   13         legislative findings and intent with respect to water
   14         resource development and water supply development;
   15         requiring water management districts to fund and
   16         implement water resource development; specifying water
   17         supply development projects that are eligible to
   18         receive priority consideration for state or water
   19         management district funding assistance; encouraging
   20         cooperation in the development of water supplies;
   21         providing for alternative water supply development;
   22         encouraging municipalities, counties, and special
   23         districts to create regional water supply authorities;
   24         establishing the primary roles of the water management
   25         districts in alternative water supply development;
   26         establishing the primary roles of local governments,
   27         regional water supply authorities, special districts,
   28         and publicly owned and privately owned water utilities
   29         in alternative water supply development; requiring the
   30         water management districts to detail the specific
   31         allocations to be used for alternative water supply
   32         development in their annual budget submission;
   33         requiring that the water management districts include
   34         the amount needed to implement the water supply
   35         development projects in each annual budget;
   36         establishing general funding criteria for funding
   37         assistance to the state or water management districts;
   38         establishing economic incentives for alternative water
   39         supply development; providing a funding formula for
   40         the distribution of state funds to the water
   41         management districts for alternative water supply
   42         development; requiring that funding assistance for
   43         alternative water supply development be limited to a
   44         percentage of the total capital costs of an approved
   45         project; establishing a selection process and
   46         criteria; providing for cost recovery from the Public
   47         Service Commission; 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
   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 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, 367.021, 373.019, 373.0421,
  104         373.0695, 373.223, 373.2234, 373.229, 373.536, 373.59,
  105         378.212, 378.404, 403.0891, 403.890, and 682.02, F.S.;
  106         conforming cross-references; renumbering s. 373.71,
  107         F.S., relating to the Apalachicola-Chattahoochee-Flint
  108         River Basin Compact, to clarify retention of the
  109         section in part VI of ch. 373, F.S.; repealing s.
  110         373.0361, F.S., relating to regional water supply
  111         planning; repealing s. 373.0391, F.S., relating to
  112         technical assistance to local governments; repealing
  113         s. 373.0831, F.S., relating to water resource and
  114         water supply development; repealing s. 373.196, F.S.,
  115         relating to alternative water supply development;
  116         repealing s. 373.1961, F.S., relating to water
  117         production and related powers and duties of water
  118         management districts; repealing s. 373.1962, F.S.,
  119         relating to regional water supply authorities;
  120         repealing s. 373.1963, F.S., relating to assistance to
  121         the West Coast Regional Water Supply Authority;
  122         providing an effective date.
  123  
  124  Be It Enacted by the Legislature of the State of Florida:
  125  
  126         Section 1. Part VII of chapter 373, Florida Statutes,
  127  consisting of sections 373.701, 373.703, 373.705, 373.707,
  128  373.709, 373.711, 373.713, and 373.715, is created to read:
  129                              PART VII                             
  130       WATER SUPPLY POLICY, PLANNING, PRODUCTION, AND FUNDING      
  131         373.701 Declaration of policy.—It is the policy of the
  132  Legislature to:
  133         (1) Promote the availability of sufficient water for all
  134  current and future reasonable-beneficial uses and natural
  135  systems.
  136         (2) Manage state waters on a state and regional basis
  137  because water constitutes a public resource benefiting the
  138  entire state. Consistent with this policy, the Legislature
  139  recognizes the need to allocate water throughout the state in
  140  order to meet all reasonable and beneficial uses. However, the
  141  Legislature acknowledges that in the past such allocations have
  142  adversely affected the water resources of certain areas of the
  143  state.
  144         (a) To protect water resources and meet the current and
  145  future needs of areas having an abundance of water, the
  146  Legislature encourages the Department of Environmental
  147  Protection and the water management districts to use water from
  148  sources nearest the area of use or application whenever
  149  practicable. Such water sources may include all naturally
  150  occurring water sources and all alternative water sources,
  151  including, but not limited to, desalination projects,
  152  conservation programs, reuse of nonpotable reclaimed water and
  153  stormwater, and aquifer storage and recovery. Reuse of potable
  154  reclaimed water and stormwater is not subject to the evaluation
  155  described in s. 373.223(3)(a)-(g). The directive to encourage
  156  the use of water, whenever practicable, from sources nearest the
  157  area of use or application does not apply to the transport and
  158  direct and indirect use of water within the area encompassed by
  159  the Central and Southern Florida Flood Control Project, to the
  160  transport and use of water supplied exclusively for bottled
  161  water as defined in s. 500.03(1), or to the transport and use of
  162  reclaimed water for electrical power production by an electric
  163  utility as defined in s. 366.02.
  164         (b) In implementing this policy, the Legislature recognizes
  165  that under certain circumstances the need to transport water
  166  from distant sources may be necessary for environmental,
  167  technical, or economic reasons.
  168         (3) Encourage municipalities, counties, water management
  169  districts, and the department to cooperate in order to meet the
  170  water needs of rapidly urbanizing areas in a manner that will
  171  supply adequate and dependable supplies of water where needed
  172  without resulting in adverse effects upon the areas from which
  173  the water is withdrawn. Such efforts should use all practical
  174  means of obtaining water, including, but not limited to,
  175  withdrawals of surface water and ground water, reuse, and
  176  desalination and necessitate not only cooperation but also well
  177  coordinated activities. Municipalities, counties, and special
  178  districts are encouraged to create regional water supply
  179  authorities as authorized in s. 373.713 or multijurisdictional
  180  water supply entities.
  181         373.703 Water production; powers and duties.—In the
  182  performance of, and in conjunction with, its other powers and
  183  duties, the governing board of a water management district:
  184         (1) Shall engage in planning efforts that assists counties,
  185  municipalities, special districts, publicly and privately-owned
  186  water utilities, multijurisdictional water supply entities, or
  187  regional water supply authorities to meet water supply needs by
  188  giving priority to plans that encourage conservation and
  189  reducing the adverse environmental effects of improper or
  190  excessive withdrawals of water from concentrated areas. As used
  191  in this section and s. 373.707, regional water supply
  192  authorities are regional water authorities created under s.
  193  373.713 or other laws of this state.
  194         (2) Shall assist counties, municipalities, special
  195  districts, publicly owned or privately owned water utilities,
  196  multijurisdictional water supply entities, or regional water
  197  supply authorities to meet water supply needs by giving priority
  198  to encouraging conservation of water resources and reducing the
  199  adverse environmental effects of improper or excessive
  200  withdrawals of water from concentrated areas.
  201         (3) May establish, design, construct, operate, and maintain
  202  water production and transmission facilities for the purpose of
  203  supplying water to counties, municipalities, special districts,
  204  publicly owned and privately owned water utilities,
  205  multijurisdictional water supply entities, or regional water
  206  supply authorities. The permit required under part II of this
  207  chapter for a water management district engaged in water
  208  production and transmission shall be granted, denied, or granted
  209  with conditions by the department.
  210         (4) May not engage in local water supply distribution.
  211         (5) May not deprive, directly or indirectly, any county
  212  where water is withdrawn of the prior right to the reasonable
  213  and beneficial use of water necessary to adequately supply the
  214  reasonable and beneficial needs of the county or the inhabitants
  215  or property owners therein.
  216         (6) May provide water and financial assistance to regional
  217  water supply authorities, but may not provide water to counties
  218  or municipalities that are located within the area of the water
  219  supply authority without the specific approval of the water
  220  supply authority or, if the water supply authority disapproves
  221  of supplying the water, the approval of the Land and Water
  222  Adjudicatory Commission. The water management district may
  223  supply water to counties and municipalities at rates and upon
  224  terms mutually agreed to by all, but if the parties do not agree
  225  on the rates and terms, rates and terms as set by the governing
  226  board and specifically approved by the Land and Water
  227  Adjudicatory Commission.
  228         (7) May acquire title to such real property by purchase,
  229  gift, devise, lease, eminent domain, or otherwise, which is
  230  necessary for water production and transmission consistent with
  231  this section and s. 373.707. However, the water management
  232  district may not use the powers of eminent domain to acquire
  233  water and water rights already devoted to reasonable and
  234  beneficial use or any water production or transmission facility
  235  owned by any county, municipality, or regional water supply
  236  authority. The water management district may exercise its power
  237  of eminent domain to real property located outside its
  238  boundaries to acquire pumpage facilities, storage areas,
  239  transmission facilities, and the normal appurtenances thereto
  240  if, at least 45 days before exercising the power of eminent
  241  domain, the water management district publically notifies the
  242  water management district in which the property is located that
  243  it intends to acquire the property by eminent domain. The water
  244  management district in which the property is located has 45 days
  245  after notification of the exercise of eminent domain to object
  246  to any attempt by the other district to acquire the property.
  247         (8) In addition to the power to issue revenue bonds
  248  pursuant to s. 373.584, may issue revenue bonds for the purpose
  249  of paying the costs and expenses incurred in carrying out the
  250  purposes of this chapter or refunding obligations of the
  251  district issued pursuant to this section. The revenue bonds
  252  shall be secured by, and be payable from, revenues derived from
  253  the operation, lease, or use of its water production and
  254  transmission facilities and other water-related facilities, and
  255  from the sale of water or services relating thereto. The revenue
  256  bonds may not be secured by, or be payable from, moneys derived
  257  by the district from the Water Management Lands Trust Fund or
  258  from ad valorem taxes received by the district. All provisions
  259  of s. 373.584 relating to the issuance of revenue bonds which
  260  are not inconsistent with this section apply to the issuance of
  261  revenue bonds pursuant to this section. The district may also
  262  issue bond anticipation notes in accordance with s. 373.584.
  263         (9) May join with one or more other water management
  264  districts, counties, municipalities, special districts, publicly
  265  owned or privately owned water utilities, multijurisdictional
  266  water supply entities, or regional water supply authorities to
  267  contract with other entities to finance acquisitions,
  268  construction, operation, and maintenance. The contract may
  269  provide for contributions to be made by each party for the
  270  division and apportionment of the expenses of acquisitions,
  271  construction, operation, and maintenance, and for the division
  272  and apportionment of the benefits, services, and products
  273  therefrom. The contract may contain other covenants and
  274  agreements necessary and appropriate to accomplish their
  275  purposes.
  276         373.705 Water resource development; water supply
  277  development.—
  278         (1) The Legislature finds that:
  279         (a) The proper role of a water management district in the
  280  supply of water is primarily in planning and development of
  281  water resources. However, this role does not preclude a water
  282  management district from providing assistance with water supply
  283  development.
  284         (b) The proper role of local government, regional water
  285  supply authorities, and government-owned and privately owned
  286  water utilities in the supply of water is primarily in water
  287  supply development. However, this does not preclude these
  288  entities from providing assistance with water resource
  289  development.
  290         (c) Water resource development and water supply development
  291  must receive priority attention, where needed, to increase the
  292  availability of sufficient water for all current and future
  293  reasonable-beneficial uses and natural systems.
  294         (2) It is the intent of the Legislature that:
  295         (a) Sufficient water be available for all existing and
  296  future reasonable-beneficial uses and the natural systems.
  297         (b)The adverse effects of competition for water supplies
  298  be avoided.
  299         (c) Water management districts take the lead in identifying
  300  and implementing water resource development projects and be
  301  responsible for securing necessary funding for regionally
  302  significant water resource development projects.
  303         (d) Local governments, regional water supply authorities,
  304  and government-owned and privately owned water utilities take
  305  the lead in securing funds for and implementing water supply
  306  development projects. Generally, direct beneficiaries of water
  307  supply development projects should pay the costs of the projects
  308  from which they benefit, and water supply development projects
  309  should continue to be paid for through local funding sources.
  310         (e) Water supply development be coordinated with water
  311  management district regional water supply planning and water
  312  resource development.
  313         (3) Each water management district shall fund and implement
  314  water resource development as defined in s. 373.019. The
  315  districts are encouraged to implement water resource development
  316  as expeditiously as possible in areas subject to regional water
  317  supply plans. Each governing board shall include the amount
  318  needed for the fiscal year to implement water resource
  319  development projects, as prioritized in its regional water
  320  supply plans, in its annual budget.
  321         (4) A water supply development project that is consistent
  322  with the relevant regional water supply plans and meets one or
  323  more of the following criteria shall receive consideration for
  324  state or water management district funding assistance:
  325         (a) The project supports the establishment of a dependable,
  326  sustainable water supply that is not otherwise financially
  327  feasible;
  328         (b) The project provides substantial environmental benefits
  329  by preventing or limiting adverse water resource effects, but
  330  requires funding assistance to be economically competitive with
  331  other options; or
  332         (c) The project significantly implements reuse, storage,
  333  recharge, or conservation of water in a manner that contributes
  334  to the sustainability of regional water sources.
  335         (5) A water supply development project that meets the
  336  criteria in subsection (4) and that meets one or more of the
  337  following additional criteria shall be given first priority
  338  consideration for state or water management district funding
  339  assistance:
  340         (a) The project brings about replacement of existing
  341  sources in order to help implement a minimum flow or level; or
  342         (b) The project implements reuse wastewater that assists in
  343  the elimination of domestic wastewater ocean outfalls as
  344  provided in s. 403.086(9).
  345         373.707 Alternative water supply development.—
  346         (1) The intent of this section is to encourage cooperation
  347  among entities when developing water supplies and when providing
  348  alternative water supply developments in this state.
  349         (a) The demands on natural supplies of fresh water to meet
  350  the needs of a rapidly growing population and the needs of the
  351  environment, agriculture, industry, and mining will continue to
  352  increase.
  353         (b) Consequently, there is a need to develop alternative
  354  water supplies in order to sustain the state’s economic growth,
  355  economic viability, and natural resources.
  356         (c) In order to meet these numerous water needs, the
  357  municipalities, counties, special districts, water management
  358  districts, and the Department of Environmental Protection must
  359  cooperate and coordinate their efforts. Only through cooperation
  360  and active coordination will the water needs of the state be met
  361  in a manner that will supply adequate and dependable supplies of
  362  water where water is needed without resulting in adverse effects
  363  upon the areas from which such water is withdrawn. Such efforts
  364  should use all practical means of obtaining water, which
  365  includes, but is not limited to, withdrawing surface water and
  366  ground water, reusing wastewater, and using desalinized water.
  367  These efforts require not only cooperation but also well
  368  coordinated activities.
  369         (d)Municipalities, counties, and special districts are
  370  encouraged to create regional water supply authorities as
  371  authorized in s. 373.713 or multijurisdictional water supply
  372  entities.
  373         (e) Alternative water supply developments should receive
  374  priority funding attention in order to increase the available
  375  supplies of water to meet all existing and future water needs.
  376         (f) Cooperation and coordination between counties,
  377  municipalities, regional water supply authorities,
  378  multijurisdictional water supply entities, special districts,
  379  and publicly owned and privately owned water utilities when
  380  developing countywide and multicountywide alternative water
  381  supply projects will allow for necessary economies of scale and
  382  efficiencies in order to accelerate the development of new,
  383  dependable, and sustainable alternative water supplies.
  384         (g) It is in the public interest that county, municipal,
  385  industrial, agricultural, and other public and private water
  386  users, the Department of Environmental Protection, and the water
  387  management districts cooperate to develop alternative water
  388  supplies to avoid the adverse effects of competition for limited
  389  supplies of water. Public moneys or services provided to private
  390  entities for alternative water supply development may constitute
  391  public purposes that also are in the public interest.
  392         (2)(a) Sufficient water must be available for all existing
  393  and future reasonable-beneficial uses and the natural systems.
  394  At the same time, adverse effects of competition for water
  395  supplies must be avoided.
  396         (b) Water supply development and alternative water supply
  397  development must be coordinated with the water management
  398  district regional water supply planning.
  399         (c) Funding for developing alternative water supplies must
  400  be the shared responsibility of water suppliers and users, the
  401  state, and the water management districts. The water suppliers
  402  and users have primary responsibility for funding alternative
  403  water supply projects while the state and the water management
  404  districts are responsible for providing additional funding
  405  assistance.
  406         (3) The primary roles of the water management districts in
  407  water resource development as it relates to supporting
  408  alternative water supply development are:
  409         (a) The formulation and implementation of regional water
  410  resource management strategies that support alternative water
  411  supply development.
  412         (b) The collection and evaluation of surface water and
  413  groundwater data to be used for a planning-level assessment of
  414  the feasibility of alternative water supply development
  415  projects.
  416         (c) The construction, operation, and maintenance of major
  417  public works facilities for flood control, surface and
  418  underground water storage, and groundwater recharge augmentation
  419  to support alternative water supply development.
  420         (d) Planning for alternative water supply development, as
  421  provided in regional water supply plans, coordinated with local
  422  governments, regional water supply authorities,
  423  multijurisdictional water supply entities, special districts,
  424  and publicly owned and privately owned water utilities and self
  425  suppliers.
  426         (e) The formulation and implementation of structural and
  427  nonstructural programs to protect and manage water resources
  428  that support alternative water supply projects.
  429         (f) The provision of technical and financial assistance to
  430  local governments and publicly owned and privately owned water
  431  utilities for alternative water supply projects.
  432         (4) The primary roles of local government, regional water
  433  supply authorities, multijurisdictional water supply entities,
  434  special districts, and publicly owned and privately owned water
  435  utilities in alternative water supply development are:
  436         (a) The planning, design, construction, operation, and
  437  maintenance of alternative water supply development projects.
  438         (b) The formulation and implementation of alternative water
  439  supply development strategies and programs.
  440         (c) The planning, design, construction, operation, and
  441  maintenance of facilities that collect, divert, produce, treat,
  442  transmit, and distribute water for sale, resale, or end use.
  443         (d) The coordination of alternative water supply
  444  development activities with the appropriate water management
  445  district having jurisdiction over the activity.
  446         (5) This section does not preclude the special districts,
  447  municipalities, and counties from continuing to operate existing
  448  water production and transmission facilities or from entering
  449  into cooperative agreements with other special districts,
  450  municipalities, and counties for the purpose of meeting their
  451  respective needs for dependable and adequate supplies of water.
  452  However, obtaining water through such operations may not be done
  453  in a manner that results in adverse effects upon the areas from
  454  which the water is withdrawn.
  455         (6) The statewide funds provided pursuant to the Water
  456  Protection and Sustainability Program serve to supplement
  457  existing water management district or basin board funding for
  458  alternative water supply development assistance and should not
  459  result in a reduction of funding.
  460         (a) The water management districts shall include in the
  461  annual tentative and adopted budget submittals required under
  462  this chapter the amount of funds allocated for water resource
  463  development which supports alternative water supply development
  464  and the funds allocated for alternative water supply projects
  465  selected for inclusion in the Water Protection and
  466  Sustainability Program. The goal of each water management
  467  district and basin boards shall be that the combined funds
  468  allocated annually for these purposes, at a minimum, be
  469  equivalent to 100 percent of the state funding provided to the
  470  water management district for alternative water supply
  471  development. If this goal is not achieved, the water management
  472  district shall provide in the budget submittal an explanation of
  473  the reasons or constraints that prevent this goal from being
  474  met, an explanation of how the goal will be met in future years,
  475  and that affirmation of match is required during the budget
  476  review process established under s. 373.536(5). The Suwannee
  477  River Water Management District and the Northwest Florida Water
  478  Management District are not required to meet the match
  479  requirements of this paragraph; however, they must try to
  480  achieve the match requirement to the greatest extent
  481  practicable.
  482         (b) State funds from the Water Protection and
  483  Sustainability Program created in s. 403.890 shall be made
  484  available for financial assistance for the project construction
  485  costs of alternative water supply development projects selected
  486  by a water management district governing board for inclusion in
  487  the program.
  488         (7) The water management district shall implement its
  489  responsibilities as expeditiously as possible in areas subject
  490  to regional water supply plans. Each district’s governing board
  491  shall include the amount needed for the fiscal year to assist
  492  with implementing alternative water supply development projects
  493  in its annual budget.
  494         (8) The water management districts and the state shall
  495  share a percentage of revenues it receives with water providers
  496  and users, including local governments; water, wastewater, and
  497  reuse utilities; municipal, special district, industrial, and
  498  agricultural water users; and other public and private water
  499  users, to be used to supplement other funding sources in the
  500  development of alternative water supplies.
  501         (a) The state shall annually provide a portion of the
  502  revenues deposited into the Water Protection and Sustainability
  503  Program Trust Fund for funding alternative water supply
  504  development projects pursuant to the Water Protection and
  505  Sustainability Program. At the beginning of each fiscal year,
  506  such revenues shall be distributed by the department into the
  507  alternative water supply trust fund accounts created by each
  508  district for the purpose of alternative water supply development
  509  under the following funding formula:
  510         1. Thirty percent to the South Florida Water Management
  511  District;
  512         2. Twenty-five percent to the Southwest Florida Water
  513  Management District;
  514         3. Twenty-five percent to the St. Johns River Water
  515  Management District;
  516         4. Ten percent to the Suwannee River Water Management
  517  District; and
  518         5. Ten percent to the Northwest Florida Water Management
  519  District.
  520         (b) Financial assistance for alternative water supply
  521  projects allocated in each district’s budget as required in
  522  subsection (6), shall be combined with the state funds and used
  523  to assist in funding the project construction costs of
  524  alternative water supply projects selected by the governing
  525  board. If the water management district has not completed any
  526  regional water supply plan, or the regional water supply plan
  527  does not identify the need for any alternative water supply
  528  project, funds deposited in that district’s trust fund may be
  529  used for water resource development projects, including, but not
  530  limited to, protection of springs.
  531         (c) All projects submitted to the governing board for
  532  consideration must reflect the total capital cost for
  533  implementing a project. The costs shall be segregated pursuant
  534  to the categories described in the definition of capital costs.
  535         (d) Applicants for projects that may receive funding
  536  assistance pursuant to the Water Protection and Sustainability
  537  Program shall, at a minimum, be required to pay 60 percent of
  538  the project’s construction costs. The water management districts
  539  may totally or partially waive this requirement for projects
  540  sponsored by financially disadvantaged small local governments
  541  as defined in former s. 403.885(5). The water management
  542  districts or basin boards may use ad valorem or federal revenues
  543  to assist a project applicant in meeting the requirements of
  544  this paragraph.
  545         (e) The governing boards shall determine those projects to
  546  be selected for financial assistance. The governing boards may
  547  establish factors to determine project funding; however,
  548  significant weight must be given to the following factors:
  549         1. Whether the project provides substantial environmental
  550  benefits by preventing or limiting adverse water resource
  551  effects.
  552         2. Whether the project reduces competition for water
  553  supplies.
  554         3. Whether the project brings about replacement of
  555  traditional sources in order to help implement a minimum flow or
  556  level or a reservation.
  557         4. Whether the project will be implemented by a consumptive
  558  use permittee that has achieved the targets contained in a goal
  559  based water conservation program approved pursuant to s.
  560  373.227.
  561         5. The quantity of water supplied by the project as
  562  compared to its cost.
  563         6. Projects in which the construction and delivery to end
  564  users of reuse water is a major component.
  565         7. Whether the project will be implemented by a
  566  multijurisdictional water supply entity or regional water supply
  567  authority.
  568         8. Whether the project implements reuse that assists in the
  569  elimination of domestic wastewater ocean outfalls as provided in
  570  s. 403.086(9).
  571         (f) Additional factors to be considered include:
  572         1. Whether the project is part of a plan to implement two
  573  or more alternative water supply projects, all of which will
  574  produce water at a uniform rate for the participants in a
  575  multijurisdictional water supply entity or regional water supply
  576  authority.
  577         2. The percentage of project costs to be funded by the
  578  water supplier or water user.
  579         3. Whether the project proposal includes sufficient
  580  preliminary planning and engineering to demonstrate that the
  581  project can reasonably be implemented within the timeframes
  582  provided in the regional water supply plan.
  583         4. Whether the project is a subsequent phase of an
  584  alternative water supply project that is underway.
  585         5. Whether and in what percentage a local government or
  586  local government utility is transferring water supply system
  587  revenues to the local government general fund in excess of
  588  reimbursements for services received from the general fund,
  589  including direct and indirect costs and legitimate payments in
  590  lieu of taxes.
  591         (g) After conducting one or more meetings to solicit public
  592  input on eligible projects, including input from entities
  593  identified pursuant to s. 373.709(2)(a)3.d. to implement
  594  alternative water supply projects, the governing board of each
  595  water management district shall select projects for funding
  596  assistance based upon the criteria set forth in paragraphs (e)
  597  and (f). The governing board may select a project identified or
  598  listed as an alternative water supply development project in the
  599  regional water supply plan, or allocate up to 20 percent of the
  600  funding for alternative water supply projects that are not
  601  identified or listed in the plan but are consistent with the
  602  goals of the plan.
  603         (h) Without diminishing amounts available through other
  604  means described in this paragraph, the governing boards are
  605  encouraged to consider establishing revolving loan funds to
  606  expand the total funds available to accomplish the objectives of
  607  this section. The revolving loan fund must be a nonlapsing fund
  608  from which the water management district may make loans with
  609  interest rates below prevailing market rates to public or
  610  private entities for the purposes described in this section. The
  611  governing board may adopt resolutions to establish revolving
  612  loan funds which must specify the details of the administration
  613  of the fund, the procedures for applying for loans from the
  614  fund, the criteria for awarding loans from the fund, the initial
  615  capitalization of the fund, and the goals for future
  616  capitalization of the fund in subsequent budget years. Revolving
  617  loan funds created under this paragraph must be used to expand
  618  the total sums and sources of cooperative funding available for
  619  the development of alternative water supplies. The Legislature
  620  does not intend that the creation of revolving loan funds
  621  supplant or otherwise reduce existing sources or amounts of
  622  funds currently available through other means.
  623         (i) For each utility that receives financial assistance
  624  from the state or a water management district for an alternative
  625  water supply project, the water management district shall
  626  require the appropriate rate-setting authority to develop rate
  627  structures for water customers in the service area of the funded
  628  utility which will promote the conservation of water and the use
  629  of water from alternative water supplies.
  630         (j) The governing boards shall establish a process for the
  631  disbursal of revenues pursuant to this subsection.
  632         (k) All revenues made available pursuant to this subsection
  633  must be encumbered annually by the governing board when it
  634  approves projects sufficient to expend the available revenues.
  635         (l) This subsection is not subject to the rulemaking
  636  requirements of chapter 120.
  637         (m) By March 1 of each year, as part of the consolidated
  638  water management district annual report required under s.
  639  373.036(7), each water management district shall submit a report
  640  on the disbursal of all budgeted amounts pursuant to this
  641  section. The report must describe all alternative water supply
  642  projects funded as well as the quantity of new water to be
  643  created as a result of the projects, and shall account
  644  separately for any other moneys provided through grants,
  645  matching grants, revolving loans, and the use of district lands
  646  or facilities to implement regional water supply plans.
  647         (n) The Florida Public Service Commission shall allow
  648  entities under its jurisdiction which construct or participate
  649  in constructing facilities that provide alternative water
  650  supplies to recover their full, prudently incurred cost of
  651  constructing such facilities through their rate structure. If
  652  construction of a facility or participation in construction of a
  653  facility is done in furtherance of a regional water supply plan,
  654  the costs of construction shall be deemed to be prudently
  655  incurred. Every component of an alternative water supply
  656  facility constructed by an investor-owned utility shall be
  657  recovered in current rates. A state or water management district
  658  cost-share arrangement is not subject to the recovery provisions
  659  allowed under this paragraph.
  660         (9) Funding assistance provided by a water management
  661  district for a water reuse system may include the following
  662  conditions if a water management district determines that the
  663  conditions will encourage water use efficiency:
  664         (a) Metering of reclaimed water use for residential
  665  irrigation, agricultural irrigation, industrial uses, except for
  666  an electric utility as defined in s. 366.02, landscape
  667  irrigation, golf course irrigation, irrigation of other public
  668  access areas, commercial and institutional uses such as toilet
  669  flushing, and transfers to other reclaimed water utilities.
  670         (b) Implementation of reclaimed water rate structures based
  671  on actual use of reclaimed water for the reuse activities listed
  672  in paragraph (a).
  673         (c) Implementation of education programs to inform the
  674  public about water issues, water conservation, and the
  675  importance and proper use of reclaimed water.
  676         (d) Development of location data for key reuse facilities.
  677         373.709 Regional water supply planning.—
  678         (1) The governing board of each water management district
  679  shall conduct water supply planning for any water supply
  680  planning region within the water management district identified
  681  in the appropriate district water supply plan under s. 373.036,
  682  when it determines that existing sources of water are not
  683  adequate to supply water for all existing and future reasonable
  684  beneficial uses and to sustain the water resources and related
  685  natural systems for the planning period. The planning must be
  686  conducted in an open public process, in coordination and
  687  cooperation with local governments, regional water supply
  688  authorities, government-owned and privately owned water
  689  utilities, multijurisdictional water supply entities, self
  690  suppliers, and other affected and interested parties. The water
  691  management districts shall actively engage in public education
  692  and outreach to all affected local entities and their officials,
  693  as well as members of the public. During preparation, but before
  694  completion of the regional water supply plan, the water
  695  management district must conduct at least one public workshop to
  696  discuss the technical data and modeling tools anticipated to be
  697  used to support the regional water supply plan. The district
  698  shall also hold several public meetings to communicate the
  699  status, overall conceptual intent, and impacts of the plan on
  700  existing and future reasonable-beneficial uses and related
  701  natural systems. During the planning process, a local government
  702  may choose to prepare its own water supply assessment to
  703  determine if existing water sources are adequate to meet
  704  existing and projected reasonable-beneficial needs of the local
  705  government while sustaining water resources and related natural
  706  systems. The local government shall submit the assessment,
  707  including the data and methodology used, to the water management
  708  district. The district shall consider the local government’s
  709  assessment during the formation of the plan. The governing
  710  board’s determination that drafting a regional water supply plan
  711  for a specific planning region is not needed is subject to a
  712  proceeding pursuant to s. 120.569. The governing board shall
  713  reevaluate such a determination at least once every 5 years and
  714  shall initiate a regional water supply plan, if needed, pursuant
  715  to this subsection.
  716         (2) Each regional water supply plan shall be based on at
  717  least a 20-year planning period and shall include, but is not
  718  limited to:
  719         (a) A water supply development component for each water
  720  supply planning region identified by the water management
  721  district which includes:
  722         1. A quantification of the water supply needs for all
  723  existing and future reasonable-beneficial uses within the
  724  planning horizon. The level-of-certainty planning goal
  725  associated with identifying the water supply needs of existing
  726  and future reasonable-beneficial uses must be based upon meeting
  727  those needs for a 1-in-10-year drought event. Population
  728  projections used for determining public water supply needs must
  729  be based upon the best available data. In determining the best
  730  available data, the district shall consider the medium
  731  population projections drafted by the Bureau of Economic and
  732  Business Research (BEBR) of the University of Florida and any
  733  population projection data and analysis submitted by a local
  734  government pursuant to the public workshop described in
  735  subsection (1) if the data and analysis support the local
  736  government’s comprehensive plan. Any adjustment of or deviation
  737  from the BEBR projections must be fully described, and the
  738  original BEBR data must be presented along with the adjusted
  739  data.
  740         2. A list of water supply development project options,
  741  including traditional and alternative water supply project
  742  options, from which local government, government-owned and
  743  privately owned utilities, regional water supply authorities,
  744  multijurisdictional water supply entities, self-suppliers, and
  745  others may choose for water supply development. In addition to
  746  projects listed by the district, the users may propose specific
  747  projects for inclusion in the list of alternative water supply
  748  projects. If the users propose a project to be listed as an
  749  alternative water supply project, the district shall determine
  750  whether it meets the goals of the plan, and, if so, it shall be
  751  included in the list. The total capacity of the projects
  752  included in the plan must exceed the needs identified in
  753  subparagraph 1. and shall take into account water conservation
  754  and other demand-management measures, as well as water resources
  755  constraints, including adopted minimum flows and levels and
  756  water reservations. Where the district determines it is
  757  appropriate, the plan should specifically identify the need for
  758  multijurisdictional approaches to project options that, based on
  759  planning level analysis, are appropriate to supply the intended
  760  uses and that, based on such analysis, appear to be permittable
  761  and financially and technically feasible. The list of water
  762  supply development options must contain provisions that
  763  recognize that alternative water supply options for agricultural
  764  self-suppliers are limited.
  765         3. For each project option identified in subparagraph 2.,
  766  the following shall be provided:
  767         a. An estimate of the amount of water to become available
  768  through the project.
  769         b. The timeframe in which the project option should be
  770  implemented and the estimated planning-level costs for capital
  771  investment and operating and maintaining the project.
  772         c. An analysis of funding needs and sources of possible
  773  funding options. For alternative water supply projects the water
  774  management districts shall provide funding assistance in
  775  accordance with s. 373.707(8).
  776         d. Identification of the entity that should implement each
  777  project option and the current status of project implementation.
  778         (b) A water resource development component that includes:
  779         1. A listing of those water resource development projects
  780  that support water supply development.
  781         2. For each water resource development project listed:
  782         a. An estimate of the amount of water to become available
  783  through the project.
  784         b. The timeframe in which the project option should be
  785  implemented and the estimated planning-level costs for capital
  786  investment and for operating and maintaining the project.
  787         c. An analysis of funding needs and sources of possible
  788  funding options.
  789         d. Identification of the entity that should implement each
  790  project option and the current status of project implementation.
  791         (c) The recovery and prevention strategy described in s.
  792  373.0421(2).
  793         (d) A funding strategy for water resource development
  794  projects, which shall be reasonable and sufficient to pay the
  795  cost of constructing or implementing all of the listed projects.
  796         (e) Consideration of how the project options addressed in
  797  paragraph (a) serve the public interest or save costs overall by
  798  preventing the loss of natural resources or avoiding greater
  799  future expenditures for water resource development or water
  800  supply development. However, unless adopted by rule, these
  801  considerations do not constitute final agency action.
  802         (f) The technical data and information applicable to each
  803  planning region which are necessary to support the regional
  804  water supply plan.
  805         (g) The minimum flows and levels established for water
  806  resources within each planning region.
  807         (h) Reservations of water adopted by rule pursuant to s.
  808  373.223(4) within each planning region.
  809         (i) Identification of surface waters or aquifers for which
  810  minimum flows and levels are scheduled to be adopted.
  811         (j) An analysis, developed in cooperation with the
  812  department, of areas or instances in which the variance
  813  provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to
  814  create water supply development or water resource development
  815  projects.
  816         (3) The water supply development component of a regional
  817  water supply plan which deals with or affects public utilities
  818  and public water supply for those areas served by a regional
  819  water supply authority and its member governments within the
  820  boundary of the Southwest Florida Water Management District
  821  shall be developed jointly by the authority and the district. In
  822  areas not served by regional water supply authorities, or other
  823  multijurisdictional water supply entities, and where
  824  opportunities exist to meet water supply needs more efficiently
  825  through multijurisdictional projects identified pursuant to
  826  paragraph (2)(a), water management districts are directed to
  827  assist in developing multijurisdictional approaches to water
  828  supply project development jointly with affected water
  829  utilities, special districts, and local governments.
  830         (4) The South Florida Water Management District shall
  831  include in its regional water supply plan water resource and
  832  water supply development projects that promote the elimination
  833  of wastewater ocean outfalls as provided in s. 403.086(9).
  834         (5) Governing board approval of a regional water supply
  835  plan is not subject to the rulemaking requirements of chapter
  836  120. However, any portion of an approved regional water supply
  837  plan that affects the substantial interests of a party shall be
  838  subject to s. 120.569.
  839         (6) Annually and in conjunction with the reporting
  840  requirements of s. 373.536(6)(a)4., the department shall submit
  841  to the Governor and the Legislature a report on the status of
  842  regional water supply planning in each district. The report
  843  shall include:
  844         (a) A compilation of the estimated costs of and potential
  845  sources of funding for water resource development and water
  846  supply development projects as identified in the water
  847  management district regional water supply plans.
  848         (b) The percentage and amount, by water management
  849  district, of district ad valorem tax revenues or other district
  850  funds made available to develop alternative water supplies.
  851         (c) A description of each water management district’s
  852  progress toward achieving its water resource development
  853  objectives, including the water management district’s
  854  implementation of its 5-year water resource development work
  855  program.
  856         (d) An assessment of the specific progress being made to
  857  implement each alternative water supply project option chosen by
  858  the entities and identified for implementation in the plan.
  859         (e) An overall assessment of the progress being made to
  860  develop water supply in each water management district,
  861  including, but not limited to, an explanation of how each
  862  project, either alternative or traditional, will produce,
  863  contribute to, or account for additional water being made
  864  available for consumptive uses, an estimate of the quantity of
  865  water to be produced by each project, and an assessment of the
  866  contribution of the water management district’s regional water
  867  supply plan in providing sufficient water to meet the needs of
  868  existing and future reasonable-beneficial uses for a 1-in-10
  869  year drought event, as well as the needs of the natural systems.
  870         (7) The water supply development component of a regional
  871  water supply plan does not require local governments,
  872  government-owned or privately owned water utilities, special
  873  districts, self-suppliers, regional water supply authorities,
  874  multijurisdictional water supply entities, or other water
  875  suppliers to select a water supply development project
  876  identified in the component merely because it is identified in
  877  the plan. Except as provided in s. 373.223(3) and (5), the plan
  878  may not be used in the review of permits under part II of this
  879  chapter unless the plan or an applicable portion thereof has
  880  been adopted by rule. However, this subsection does not prohibit
  881  a water management district from employing the data or other
  882  information used to establish the plan in reviewing permits
  883  under part II, nor does it limit the authority of the department
  884  or governing board under part II.
  885         (8) When the water supply component of a water supply
  886  planning region shows the need for one or more alternative water
  887  supply projects, the district shall notify the affected local
  888  governments and make every reasonable effort to educate and
  889  involve local public officials in working toward solutions in
  890  conjunction with the water management districts and, where
  891  appropriate, other local and regional water supply entities.
  892         (a) Within 6 months after approving or amending its
  893  regional water supply plan, each water management district shall
  894  notify by certified mail each entity identified in sub
  895  subparagraph (2)(a)3.d. of that portion of the plan relevant to
  896  the entity. Upon request of such an entity, the water management
  897  district shall appear before and present its findings and
  898  recommendations to the entity.
  899         (b) Within 1 year after notifying a water management
  900  district pursuant to paragraph (a), each entity identified in
  901  sub-subparagraph (2)(a)3.d. shall provide to the water
  902  management district written notification of the following: the
  903  alternative water supply projects or options identified in
  904  paragraph (2)(a) which it has developed or intends to develop,
  905  if any; an estimate of the quantity of water to be produced by
  906  each project; and the status of project implementation,
  907  including development of the financial plan, facilities master
  908  planning, permitting, and efforts in coordinating
  909  multijurisdictional projects, if applicable. The information
  910  provided in the notification shall be updated annually, and a
  911  progress report shall be provided by November 15 of each year to
  912  the water management district. If an entity does not intend to
  913  develop one or more of the alternative water supply project
  914  options identified in the regional water supply plan, the entity
  915  shall propose, within 1 year after notification by a water
  916  management district pursuant to paragraph (a), another
  917  alternative water supply project option sufficient to address
  918  the needs identified in paragraph (2)(a) within the entity’s
  919  jurisdiction and shall provide an estimate of the quantity of
  920  water to be produced by the project and the status of project
  921  implementation as described in this paragraph. The entity may
  922  request that the water management district consider the other
  923  project for inclusion in the regional water supply plan.
  924         373.711 Technical assistance to local governments.—
  925         (1) The water management districts shall assist local
  926  governments in the development and future revision of local
  927  government comprehensive plan elements, or the public facilities
  928  report as required by s. 189.415, which are related to water
  929  resource issues.
  930         (2) Each water management district shall prepare and
  931  provide information and data to assist local governments in the
  932  preparation and implementation of their local government
  933  comprehensive plans or public facilities report as required by
  934  s. 189.415, whichever is applicable. The information and data
  935  shall include, but need not be limited to:
  936         (a) All information and data required in a public
  937  facilities report pursuant to s. 189.415.
  938         (b) A description of regulations, programs, and schedules
  939  implemented by the water management district.
  940         (c) Identification of regulations, programs, and schedules
  941  undertaken or proposed by the district to further the State
  942  Comprehensive Plan.
  943         (d) A description of surface water basins, including
  944  regulatory jurisdictions, flood-prone areas, and existing and
  945  projected water quality in water management district operated
  946  facilities, as well as surface water runoff characteristics and
  947  topography regarding flood plains, wetlands, and recharge areas.
  948         (e) A description of groundwater characteristics, including
  949  existing and planned wellfield sites, existing and anticipated
  950  cones of influence, highly productive groundwater areas, aquifer
  951  recharge areas, deep well injection zones, and contaminated
  952  areas; an assessment of regional water resource needs and
  953  sources for the next 20 years; and water quality.
  954         (f) The identification of existing and potential water
  955  management district land acquisitions.
  956         (g) Information reflecting the minimum flows for surface
  957  watercourses to avoid harm to water resources or the ecosystem
  958  and information reflecting the minimum water levels for aquifers
  959  to avoid harm to water resources or the ecosystem.
  960         373.713 Regional water supply authorities.—
  961         (1) By interlocal agreement between counties,
  962  municipalities, or special districts, as applicable, pursuant to
  963  the Florida Interlocal Cooperation Act of 1969, s. 163.01, and
  964  upon the approval of the Secretary of Environmental Protection
  965  to ensure that such agreement will be in the public interest and
  966  complies with the intent and purposes of this act, regional
  967  water supply authorities may be created for the purpose of
  968  developing, recovering, storing, and supplying water for county
  969  or municipal purposes in such a manner as will give priority to
  970  reducing adverse environmental effects of excessive or improper
  971  withdrawals of water from concentrated areas. In approving the
  972  agreement, the Secretary of Environmental Protection shall
  973  consider, without limitation:
  974         (a) Whether the geographic territory of the proposed
  975  authority is of sufficient size and character to reduce the
  976  environmental effects of improper or excessive withdrawals of
  977  water from concentrated areas.
  978         (b) The maximization of economic development of the water
  979  resources within the territory of the proposed authority.
  980         (c) The availability of a dependable and adequate water
  981  supply.
  982         (d) The ability of any proposed authority to design,
  983  construct, operate, and maintain water supply facilities in the
  984  locations, and at the times necessary, to ensure that an
  985  adequate water supply will be available to all residents within
  986  the authority.
  987         (e) The effect that a proposed authority may have on any
  988  municipality, county, or existing authority or authorities.
  989         (f) The existing needs of the water users within the area
  990  of the authority.
  991         (2) In addition to other powers and duties agreed upon, and
  992  notwithstanding the provisions of s. 163.01, the authority may:
  993         (a) Upon approval of the electors residing in each county
  994  or municipality within the territory to be included in any
  995  authority, levy ad valorem taxes, not to exceed 0.5 mill,
  996  pursuant to s. 9(b), Art. VII of the State Constitution. A tax
  997  authorized by this paragraph may not be levied in any county or
  998  municipality without an affirmative vote of the electors
  999  residing in the county or municipality.
 1000         (b) Acquire water and water rights; develop, store, and
 1001  transport water; provide, sell, and deliver water for county or
 1002  municipal uses and purposes; and provide for the furnishing of
 1003  such water and water service upon terms and conditions and at
 1004  rates that will apportion to parties and nonparties an equitable
 1005  share of the capital cost and operating expense of the
 1006  authority’s work to the purchaser.
 1007         (c) Collect, treat, and recover wastewater.
 1008         (d) Not engage in local distribution.
 1009         (e) Exercise the power of eminent domain in the manner
 1010  provided by law for the condemnation of private property for
 1011  public use to acquire title to such interest in real property as
 1012  is necessary to the exercise of the powers herein granted,
 1013  except water and water rights already devoted to reasonable and
 1014  beneficial use or any water production or transmission
 1015  facilities owned by any county or municipality.
 1016         (f) Issue revenue bonds in the manner prescribed by the
 1017  Revenue Bond Act of 1953, as amended, part I of chapter 159, to
 1018  be payable solely from funds derived from the sale of water by
 1019  the authority to any county or municipality. Such bonds may be
 1020  additionally secured by the full faith and credit of any county
 1021  or municipality, as provided by s. 159.16 or by a pledge of
 1022  excise taxes, as provided by s. 159.19. For the purpose of
 1023  issuing revenue bonds, an authority shall be considered a “unit”
 1024  as defined in s. 159.02(2) and as that term is used in the
 1025  Revenue Bond Act of 1953, as amended. Such bonds may be issued
 1026  to finance the cost of acquiring properties and facilities for
 1027  the production and transmission of water by the authority to any
 1028  county or municipality, which cost shall include the acquisition
 1029  of real property and easements therein for such purposes. Such
 1030  bonds may be in the form of refunding bonds to take up any
 1031  outstanding bonds of the authority or of any county or
 1032  municipality where such outstanding bonds are secured by
 1033  properties and facilities for production and transmission of
 1034  water, which properties and facilities are being acquired by the
 1035  authority. Refunding bonds may be issued to take up and refund
 1036  all outstanding bonds of said authority which are subject to
 1037  call and termination, and all bonds of said authority which are
 1038  not subject to call or redemption, when the surrender of said
 1039  bonds can be procured from the holder thereof at prices
 1040  satisfactory to the authority. Such refunding bonds may be
 1041  issued at any time when, in the judgment of the authority, it
 1042  will be to the best interest of the authority financially or
 1043  economically by securing a lower rate of interest on said bonds
 1044  or by extending the time of maturity of said bonds or, for any
 1045  other reason, in the judgment of the authority, advantageous to
 1046  said authority.
 1047         (g) Sue and be sued in its own name.
 1048         (h) Borrow money and incur indebtedness and issue bonds or
 1049  other evidence of such indebtedness.
 1050         (i) Join with one or more other public corporations for the
 1051  purpose of carrying out any of its powers and for that purpose
 1052  to contract with other public corporation or corporations for
 1053  the purpose of financing acquisitions, construction, and
 1054  operations. The contracts may provide for contributions to be
 1055  made by each party thereto, for the division and apportionment
 1056  of the expenses of such acquisitions and operations, and for the
 1057  division and apportionment of the benefits, services, and
 1058  products therefrom. The contract may contain such other and
 1059  further covenants and agreements as may be necessary and
 1060  convenient to accomplish the purposes hereof.
 1061         (3) A regional water supply authority may develop,
 1062  construct, operate, maintain, or contract for alternative
 1063  sources of potable water, including desalinated water, and
 1064  pipelines to interconnect authority sources and facilities, by
 1065  itself or jointly with a water management district; however,
 1066  such alternative potable water sources, facilities, and
 1067  pipelines may also be privately developed, constructed, owned,
 1068  operated, and maintained, in which event an authority and a
 1069  water management district may pledge and contribute their funds
 1070  to reduce the wholesale cost of water from such alternative
 1071  sources of potable water supplied by an authority to its member
 1072  governments.
 1073         (4) When it is found to be in the public interest, for the
 1074  public convenience and welfare, for a public benefit, and
 1075  necessary for carrying out the purpose of any regional water
 1076  supply authority, any state agency, county, water control
 1077  district existing pursuant to chapter 298, water management
 1078  district existing pursuant to this chapter, municipality,
 1079  governmental agency, or public corporation in this state holding
 1080  title to any interest in land is hereby authorized, in its
 1081  discretion, to convey the title to or dedicate land, title to
 1082  which is in such entity, including tax-reverted land, or to
 1083  grant use rights therein, to any regional water supply authority
 1084  created pursuant to this section. Land granted or conveyed to
 1085  such authority shall be for the public purposes of the authority
 1086  and may be made subject to the condition that in the event the
 1087  land is not so used, or if used and subsequently its use for the
 1088  purpose is abandoned, the interest granted shall cease as to the
 1089  authority and shall automatically revert to the granting entity.
 1090         (5) Each county, special district, or municipality that is
 1091  a party to an agreement pursuant to subsection (1) has a
 1092  preferential right to purchase water from the regional water
 1093  supply authority for use by the county, special district, or
 1094  municipality.
 1095         (6) In carrying out this section, any county from which
 1096  water is withdrawn by the authority may not be deprived,
 1097  directly or indirectly, of the prior right to the reasonable and
 1098  beneficial use of water which is required adequately to supply
 1099  the reasonable and beneficial needs of the county or any of the
 1100  inhabitants or property owners therein.
 1101         (7) Upon a resolution adopted by the governing body of any
 1102  county or municipality, the authority may, subject to a majority
 1103  vote of its voting members, include such county or municipality
 1104  in its regional water supply authority upon such terms and
 1105  conditions as may be prescribed.
 1106         (8) The authority shall design, construct, operate, and
 1107  maintain facilities in the locations and at the times necessary
 1108  to ensure that an adequate water supply will be available to all
 1109  citizens within the authority.
 1110         (9) Where a water supply authority exists pursuant to this
 1111  section or s. 373.715 under a voluntary interlocal agreement
 1112  that is consistent with requirements in s. 373.715(1)(b) and
 1113  receives or maintains consumptive use permits under this
 1114  voluntary agreement consistent with the water supply plan, if
 1115  any, adopted by the governing board, the authority is exempt
 1116  from consideration by the governing board or department of the
 1117  factors specified in s. 373.223(3)(a)-(g) and the submissions
 1118  required by s. 373.229(3). Such exemptions shall apply only to
 1119  water sources within the jurisdictional areas of such voluntary
 1120  water supply interlocal agreements.
 1121         373.715 Assistance to West Coast Regional Water Supply
 1122  Authority.—
 1123         (1) It is the intent of the Legislature to authorize the
 1124  implementation of changes in governance recommended by the West
 1125  Coast Regional Water Supply Authority in its reports to the
 1126  Legislature dated February 1, 1997, and January 5, 1998. The
 1127  authority and its member governments may reconstitute the
 1128  authority’s governance and rename the authority under a
 1129  voluntary interlocal agreement that has a term of not less than
 1130  20 years. The interlocal agreement must comply with this
 1131  subsection as follows:
 1132         (a) The authority and its member governments agree that
 1133  cooperative efforts are mandatory to meet their water needs in a
 1134  manner that will provide adequate and dependable supplies of
 1135  water where needed without resulting in adverse environmental
 1136  effects upon the areas from which the water is withdrawn or
 1137  otherwise produced.
 1138         (b) In accordance with s. 4, Art. VIII of the State
 1139  Constitution and notwithstanding s. 163.01, the interlocal
 1140  agreement may include the following terms, which are considered
 1141  approved by the parties without a vote of their electors, upon
 1142  execution of the interlocal agreement by all member governments
 1143  and upon satisfaction of all conditions precedent in the
 1144  interlocal agreement:
 1145         1.a. All member governments shall relinquish to the
 1146  authority their individual rights to develop potable water
 1147  supply sources, except as otherwise provided in the interlocal
 1148  agreement;
 1149         b. The authority shall be the sole and exclusive wholesale
 1150  potable water supplier for all member governments; and
 1151         c. The authority shall have the absolute and unequivocal
 1152  obligation to meet the wholesale needs of the member governments
 1153  for potable water.
 1154         2. A member government may not restrict or prohibit the use
 1155  of land within a member’s jurisdictional boundaries by the
 1156  authority for water supply purposes through use of zoning, land
 1157  use, comprehensive planning, or other form of regulation.
 1158         3. A member government may not impose any tax, fee, or
 1159  charge upon the authority in conjunction with the production or
 1160  supply of water not otherwise provided for in the interlocal
 1161  agreement.
 1162         4. The authority may use the powers provided in part II of
 1163  chapter 159 for financing and refinancing water treatment,
 1164  production, or transmission facilities, including, but not
 1165  limited to, desalinization facilities. All water treatment,
 1166  production, or transmission facilities are considered a
 1167  “manufacturing plant” for purposes of s. 159.27(5) and serve a
 1168  paramount public purpose by providing water to residents of the
 1169  state.
 1170         5. A member government and any governmental or quasi
 1171  judicial board or commission established by local ordinance or
 1172  general or special law where the governing membership of the
 1173  board or commission is shared, in whole or in part, or appointed
 1174  by a member government agreeing to be bound by the interlocal
 1175  agreement shall be limited to the procedures set forth therein
 1176  regarding actions that directly or indirectly restrict or
 1177  prohibit the use of lands or other activities related to the
 1178  production or supply of water.
 1179         (c) The authority shall acquire full or lesser interests in
 1180  all regionally significant member government wholesale water
 1181  supply facilities and tangible assets and each member government
 1182  shall convey such interests in the facilities and assets to the
 1183  authority, at an agreed value.
 1184         (d) The authority shall charge a uniform per-gallon
 1185  wholesale rate to member governments for the wholesale supply of
 1186  potable water. All capital, operation, maintenance, and
 1187  administrative costs for existing facilities and acquired
 1188  facilities, authority master water plan facilities, and other
 1189  future projects must be allocated to member governments based on
 1190  water usage at the uniform per gallon wholesale rate.
 1191         (e) The interlocal agreement may include procedures for
 1192  resolving the parties’ differences regarding water management
 1193  district proposed agency action in the water use permitting
 1194  process within the authority. Such procedures should minimize
 1195  the potential for litigation and include alternative dispute
 1196  resolution. Any governmental or quasi-judicial board or
 1197  commission established by local ordinance or general or special
 1198  law where the governing members of such board or commission is
 1199  shared, in whole or in part, or appointed by a member
 1200  government, may agree to be bound by the dispute resolution
 1201  procedures set forth in the interlocal agreement.
 1202         (f) Upon execution of the voluntary interlocal agreement,
 1203  the authority shall jointly develop with the Southwest Florida
 1204  Water Management District alternative sources of potable water
 1205  and transmission pipelines to interconnect regionally
 1206  significant water supply sources and facilities of the authority
 1207  in amounts sufficient to meet the needs of all member
 1208  governments for a period of at least 20 years and for natural
 1209  systems. This interlocal agreement does not preclude the
 1210  authority and its member governments from developing traditional
 1211  water sources pursuant to the voluntary interlocal agreement.
 1212  Development and construction costs for alternative source
 1213  facilities, which may include a desalination facility and
 1214  significant regional interconnects, must be borne as mutually
 1215  agreed to by both the authority and the Southwest Florida Water
 1216  Management District. The interlocal agreement does not preclude
 1217  the authority or the water management district cost sharing with
 1218  private entities for the construction or ownership of
 1219  alternative source facilities. The authority and the Southwest
 1220  Florida Water Management District shall enter into a mutually
 1221  acceptable agreement detailing the development and
 1222  implementation of directives contained in this paragraph. This
 1223  section does not modify the rights or responsibilities of the
 1224  authority or its member governments, except as otherwise
 1225  provided herein, or of the Southwest Florida Water Management
 1226  District or the department pursuant to this chapter or chapter
 1227  403 and as otherwise set forth by statutes.
 1228         (g) Unless otherwise provided in the interlocal agreement,
 1229  the authority shall be governed by a board of commissioners
 1230  consisting of nine voting members, all of whom must be elected
 1231  officers, as follows:
 1232         1. Three members from Hillsborough County who must be
 1233  selected by the county commission; provided, however, that one
 1234  member shall be selected by the Mayor of Tampa if the City of
 1235  Tampa elects to be a member of the authority;
 1236         2. Three members from Pasco County, two of whom must be
 1237  selected by the county commission and one of whom must be
 1238  selected by the City Council of New Port Richey; and
 1239         3. Three members from Pinellas County, two of whom must be
 1240  selected by the county commission and one of whom must be
 1241  selected by the City Council of St. Petersburg.
 1242  
 1243  Except as otherwise provided in this section or in the voluntary
 1244  interlocal agreement between the member governments, a majority
 1245  vote binds the authority and its member governments in all
 1246  matters relating to the funding of wholesale water supply,
 1247  production, delivery, and related activities.
 1248         (2) This section supersedes any conflicting provisions
 1249  contained in all other general or special laws or provisions
 1250  thereof as they may apply directly or indirectly to the
 1251  exclusivity of water supply or withdrawal of water, including
 1252  provisions relating to the environmental effects, if any, in
 1253  conjunction with the production and supply of potable water, and
 1254  this section is intended to be a complete revision of all laws
 1255  related to a regional water supply authority created under s.
 1256  373.713 and this section.
 1257         (3) In lieu of s. 373.713(2)(a), the Southwest Florida
 1258  Water Management District shall assist the West Coast Regional
 1259  Water Supply Authority for a period of 5 years, terminating
 1260  December 31, 1981, by levying an ad valorem tax, upon request of
 1261  the authority, of not more than 0.05 mill on all taxable
 1262  property within the limits of the authority. During such period
 1263  the corresponding basin board ad valorem tax levies shall be
 1264  reduced accordingly.
 1265         (4) The authority shall prepare its annual budget in the
 1266  same manner as prescribed for the preparation of basin budgets,
 1267  but the authority budget is not subject to review by the
 1268  respective basin boards or by the governing board of the water
 1269  management district.
 1270         (5) The annual millage for the authority shall be the
 1271  amount required to raise the amount called for by the annual
 1272  budget when applied to the total assessment on all taxable
 1273  property within the limits of the authority, as determined for
 1274  county taxing purposes.
 1275         (6) The authority may, by resolution, request the governing
 1276  board of the water management district to levy ad valorem taxes
 1277  within the boundaries of the authority. Upon receipt of the
 1278  request, together with formal certification of the adoption of
 1279  its annual budget and of the required tax levy, the authority
 1280  tax levy shall be made by the governing board of the water
 1281  management district to finance authority functions.
 1282         (7) The taxes provided for in this section shall be
 1283  extended by the property appraiser on the county tax roll in
 1284  each county within, or partly within, the authority boundaries
 1285  and shall be collected by the tax collector in the same manner
 1286  and time as county taxes, and the proceeds therefrom paid to the
 1287  water management district which shall forthwith pay them over to
 1288  the authority. Until paid, such taxes shall be a lien on the
 1289  property against which assessed and enforceable in like manner
 1290  as county taxes. The property appraisers, tax collectors, and
 1291  clerks of the circuit court of the respective counties shall be
 1292  entitled to compensation for services performed in connection
 1293  with such taxes at the same rates as apply to county taxes.
 1294         (8) The governing board of the water management district is
 1295  not responsible for any actions or lack of actions by the
 1296  authority.
 1297         Section 2. Subsection (13) of section 120.52, Florida
 1298  Statutes, is amended to read:
 1299         120.52 Definitions.—As used in this act:
 1300         (13) “Party” means:
 1301         (a) Specifically named persons whose substantial interests
 1302  are being determined in the proceeding.
 1303         (b) Any other person who, as a matter of constitutional
 1304  right, provision of statute, or provision of agency regulation,
 1305  is entitled to participate in whole or in part in the
 1306  proceeding, or whose substantial interests will be affected by
 1307  proposed agency action, and who makes an appearance as a party.
 1308         (c) Any other person, including an agency staff member,
 1309  allowed by the agency to intervene or participate in the
 1310  proceeding as a party. An agency may by rule authorize limited
 1311  forms of participation in agency proceedings for persons who are
 1312  not eligible to become parties.
 1313         (d) Any county representative, agency, department, or unit
 1314  funded and authorized by state statute or county ordinance to
 1315  represent the interests of the consumers of a county, when the
 1316  proceeding involves the substantial interests of a significant
 1317  number of residents of the county and the board of county
 1318  commissioners has, by resolution, authorized the representative,
 1319  agency, department, or unit to represent the class of interested
 1320  persons. The authorizing resolution shall apply to a specific
 1321  proceeding and to appeals and ancillary proceedings thereto, and
 1322  it shall not be required to state the names of the persons whose
 1323  interests are to be represented.
 1324  
 1325  The term “party” does not include a member government of a
 1326  regional water supply authority or a governmental or quasi
 1327  judicial board or commission established by local ordinance or
 1328  special or general law where the governing membership of such
 1329  board or commission is shared with, in whole or in part, or
 1330  appointed by a member government of a regional water supply
 1331  authority in proceedings under s. 120.569, s. 120.57, or s.
 1332  120.68, to the extent that an interlocal agreement under ss.
 1333  163.01 and 373.713 373.1962 exists in which the member
 1334  government has agreed that its substantial interests are not
 1335  affected by the proceedings or that it is to be bound by
 1336  alternative dispute resolution in lieu of participating in the
 1337  proceedings. This exclusion applies only to those particular
 1338  types of disputes or controversies, if any, identified in an
 1339  interlocal agreement.
 1340         Section 3. Subsection (13) of section 163.3167, Florida
 1341  Statutes, is amended to read:
 1342         163.3167 Scope of act.—
 1343         (13) Each local government shall address in its
 1344  comprehensive plan, as enumerated in this chapter, the water
 1345  supply sources necessary to meet and achieve the existing and
 1346  projected water use demand for the established planning period,
 1347  considering the applicable plan developed pursuant to s. 373.709
 1348  s. 373.0361.
 1349         Section 4. Paragraph (a) of subsection (4) and paragraphs
 1350  (c), (d), and (h) of subsection (6) of section 163.3177, Florida
 1351  Statutes, are amended to read:
 1352         163.3177 Required and optional elements of comprehensive
 1353  plan; studies and surveys.—
 1354         (4)(a) Coordination of the local comprehensive plan with
 1355  the comprehensive plans of adjacent municipalities, the county,
 1356  adjacent counties, or the region; with the appropriate water
 1357  management district’s regional water supply plans approved
 1358  pursuant to s. 373.709 s. 373.0361; with adopted rules
 1359  pertaining to designated areas of critical state concern; and
 1360  with the state comprehensive plan shall be a major objective of
 1361  the local comprehensive planning process. To that end, in the
 1362  preparation of a comprehensive plan or element thereof, and in
 1363  the comprehensive plan or element as adopted, the governing body
 1364  shall include a specific policy statement indicating the
 1365  relationship of the proposed development of the area to the
 1366  comprehensive plans of adjacent municipalities, the county,
 1367  adjacent counties, or the region and to the state comprehensive
 1368  plan, as the case may require and as such adopted plans or plans
 1369  in preparation may exist.
 1370         (6) In addition to the requirements of subsections (1)-(5)
 1371  and (12), the comprehensive plan shall include the following
 1372  elements:
 1373         (c) A general sanitary sewer, solid waste, drainage,
 1374  potable water, and natural groundwater aquifer recharge element
 1375  correlated to principles and guidelines for future land use,
 1376  indicating ways to provide for future potable water, drainage,
 1377  sanitary sewer, solid waste, and aquifer recharge protection
 1378  requirements for the area. The element may be a detailed
 1379  engineering plan including a topographic map depicting areas of
 1380  prime groundwater recharge. The element shall describe the
 1381  problems and needs and the general facilities that will be
 1382  required for solution of the problems and needs. The element
 1383  shall also include a topographic map depicting any areas adopted
 1384  by a regional water management district as prime groundwater
 1385  recharge areas for the Floridan or Biscayne aquifers. These
 1386  areas shall be given special consideration when the local
 1387  government is engaged in zoning or considering future land use
 1388  for said designated areas. For areas served by septic tanks,
 1389  soil surveys shall be provided which indicate the suitability of
 1390  soils for septic tanks. Within 18 months after the governing
 1391  board approves an updated regional water supply plan, the
 1392  element must incorporate the alternative water supply project or
 1393  projects selected by the local government from those identified
 1394  in the regional water supply plan pursuant to s. 373.709(2)(a)
 1395  s. 373.0361(2)(a) or proposed by the local government under s.
 1396  373.709(7)(b) s. 373.0361(8)(b). If a local government is
 1397  located within two water management districts, the local
 1398  government shall adopt its comprehensive plan amendment within
 1399  18 months after the later updated regional water supply plan.
 1400  The element must identify such alternative water supply projects
 1401  and traditional water supply projects and conservation and reuse
 1402  necessary to meet the water needs identified in s. 373.709(2)(a)
 1403  s. 373.0361(2)(a) within the local government’s jurisdiction and
 1404  include a work plan, covering at least a 10 year planning
 1405  period, for building public, private, and regional water supply
 1406  facilities, including development of alternative water supplies,
 1407  which are identified in the element as necessary to serve
 1408  existing and new development. The work plan shall be updated, at
 1409  a minimum, every 5 years within 18 months after the governing
 1410  board of a water management district approves an updated
 1411  regional water supply plan. Amendments to incorporate the work
 1412  plan do not count toward the limitation on the frequency of
 1413  adoption of amendments to the comprehensive plan. Local
 1414  governments, public and private utilities, regional water supply
 1415  authorities, special districts, and water management districts
 1416  are encouraged to cooperatively plan for the development of
 1417  multijurisdictional water supply facilities that are sufficient
 1418  to meet projected demands for established planning periods,
 1419  including the development of alternative water sources to
 1420  supplement traditional sources of groundwater and surface water
 1421  supplies.
 1422         (d) A conservation element for the conservation, use, and
 1423  protection of natural resources in the area, including air,
 1424  water, water recharge areas, wetlands, waterwells, estuarine
 1425  marshes, soils, beaches, shores, flood plains, rivers, bays,
 1426  lakes, harbors, forests, fisheries and wildlife, marine habitat,
 1427  minerals, and other natural and environmental resources,
 1428  including factors that affect energy conservation. Local
 1429  governments shall assess their current, as well as projected,
 1430  water needs and sources for at least a 10-year period,
 1431  considering the appropriate regional water supply plan approved
 1432  pursuant to s. 373.709 s. 373.0361, or, in the absence of an
 1433  approved regional water supply plan, the district water
 1434  management plan approved pursuant to s. 373.036(2). This
 1435  information shall be submitted to the appropriate agencies. The
 1436  land use map or map series contained in the future land use
 1437  element shall generally identify and depict the following:
 1438         1. Existing and planned waterwells and cones of influence
 1439  where applicable.
 1440         2. Beaches and shores, including estuarine systems.
 1441         3. Rivers, bays, lakes, flood plains, and harbors.
 1442         4. Wetlands.
 1443         5. Minerals and soils.
 1444         6. Energy conservation.
 1445  
 1446  The land uses identified on such maps shall be consistent with
 1447  applicable state law and rules.
 1448         (h)1. An intergovernmental coordination element showing
 1449  relationships and stating principles and guidelines to be used
 1450  in the accomplishment of coordination of the adopted
 1451  comprehensive plan with the plans of school boards, regional
 1452  water supply authorities, and other units of local government
 1453  providing services but not having regulatory authority over the
 1454  use of land, with the comprehensive plans of adjacent
 1455  municipalities, the county, adjacent counties, or the region,
 1456  with the state comprehensive plan and with the applicable
 1457  regional water supply plan approved pursuant to s. 373.709 s.
 1458  373.0361, as the case may require and as such adopted plans or
 1459  plans in preparation may exist. This element of the local
 1460  comprehensive plan shall demonstrate consideration of the
 1461  particular effects of the local plan, when adopted, upon the
 1462  development of adjacent municipalities, the county, adjacent
 1463  counties, or the region, or upon the state comprehensive plan,
 1464  as the case may require.
 1465         a. The intergovernmental coordination element shall provide
 1466  procedures to identify and implement joint planning areas,
 1467  especially for the purpose of annexation, municipal
 1468  incorporation, and joint infrastructure service areas.
 1469         b. The intergovernmental coordination element shall provide
 1470  for recognition of campus master plans prepared pursuant to s.
 1471  1013.30 and airport master plans under paragraph (k).
 1472         c. The intergovernmental coordination element shall provide
 1473  for a dispute resolution process as established pursuant to s.
 1474  186.509 for bringing to closure in a timely manner
 1475  intergovernmental disputes.
 1476         d. The intergovernmental coordination element shall provide
 1477  for interlocal agreements as established pursuant to s.
 1478  333.03(1)(b).
 1479         2. The intergovernmental coordination element shall further
 1480  state principles and guidelines to be used in the accomplishment
 1481  of coordination of the adopted comprehensive plan with the plans
 1482  of school boards and other units of local government providing
 1483  facilities and services but not having regulatory authority over
 1484  the use of land. In addition, the intergovernmental coordination
 1485  element shall describe joint processes for collaborative
 1486  planning and decisionmaking on population projections and public
 1487  school siting, the location and extension of public facilities
 1488  subject to concurrency, and siting facilities with countywide
 1489  significance, including locally unwanted land uses whose nature
 1490  and identity are established in an agreement. Within 1 year of
 1491  adopting their intergovernmental coordination elements, each
 1492  county, all the municipalities within that county, the district
 1493  school board, and any unit of local government service providers
 1494  in that county shall establish by interlocal or other formal
 1495  agreement executed by all affected entities, the joint processes
 1496  described in this subparagraph consistent with their adopted
 1497  intergovernmental coordination elements.
 1498         3. To foster coordination between special districts and
 1499  local general-purpose governments as local general-purpose
 1500  governments implement local comprehensive plans, each
 1501  independent special district must submit a public facilities
 1502  report to the appropriate local government as required by s.
 1503  189.415.
 1504         4.a. Local governments shall execute an interlocal
 1505  agreement with the district school board, the county, and
 1506  nonexempt municipalities pursuant to s. 163.31777. The local
 1507  government shall amend the intergovernmental coordination
 1508  element to provide that coordination between the local
 1509  government and school board is pursuant to the agreement and
 1510  shall state the obligations of the local government under the
 1511  agreement.
 1512         b. Plan amendments that comply with this subparagraph are
 1513  exempt from the provisions of s. 163.3187(1).
 1514         5. The state land planning agency shall establish a
 1515  schedule for phased completion and transmittal of plan
 1516  amendments to implement subparagraphs 1., 2., and 3. from all
 1517  jurisdictions so as to accomplish their adoption by December 31,
 1518  1999. A local government may complete and transmit its plan
 1519  amendments to carry out these provisions prior to the scheduled
 1520  date established by the state land planning agency. The plan
 1521  amendments are exempt from the provisions of s. 163.3187(1).
 1522         6. By January 1, 2004, any county having a population
 1523  greater than 100,000, and the municipalities and special
 1524  districts within that county, shall submit a report to the
 1525  Department of Community Affairs which:
 1526         a. Identifies all existing or proposed interlocal service
 1527  delivery agreements regarding the following: education; sanitary
 1528  sewer; public safety; solid waste; drainage; potable water;
 1529  parks and recreation; and transportation facilities.
 1530         b. Identifies any deficits or duplication in the provision
 1531  of services within its jurisdiction, whether capital or
 1532  operational. Upon request, the Department of Community Affairs
 1533  shall provide technical assistance to the local governments in
 1534  identifying deficits or duplication.
 1535         7. Within 6 months after submission of the report, the
 1536  Department of Community Affairs shall, through the appropriate
 1537  regional planning council, coordinate a meeting of all local
 1538  governments within the regional planning area to discuss the
 1539  reports and potential strategies to remedy any identified
 1540  deficiencies or duplications.
 1541         8. Each local government shall update its intergovernmental
 1542  coordination element based upon the findings in the report
 1543  submitted pursuant to subparagraph 6. The report may be used as
 1544  supporting data and analysis for the intergovernmental
 1545  coordination element.
 1546         Section 5. Paragraph (l) of subsection (2) of section
 1547  163.3191, Florida Statutes, is amended to read:
 1548         163.3191 Evaluation and appraisal of comprehensive plan.—
 1549         (2) The report shall present an evaluation and assessment
 1550  of the comprehensive plan and shall contain appropriate
 1551  statements to update the comprehensive plan, including, but not
 1552  limited to, words, maps, illustrations, or other media, related
 1553  to:
 1554         (l) The extent to which the local government has been
 1555  successful in identifying alternative water supply projects and
 1556  traditional water supply projects, including conservation and
 1557  reuse, necessary to meet the water needs identified in s.
 1558  373.709(2)(a) s. 373.0361(2)(a) within the local government’s
 1559  jurisdiction. The report must evaluate the degree to which the
 1560  local government has implemented the work plan for building
 1561  public, private, and regional water supply facilities, including
 1562  development of alternative water supplies, identified in the
 1563  element as necessary to serve existing and new development.
 1564         Section 6. Paragraphs (c) and (d) of subsection (4) of
 1565  section 189.404, Florida Statutes, are amended to read:
 1566         189.404 Legislative intent for the creation of independent
 1567  special districts; special act prohibitions; model elements and
 1568  other requirements; general-purpose local government/Governor
 1569  and Cabinet creation authorizations.—
 1570         (4) LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION
 1571  AUTHORIZATIONS.—Except as otherwise authorized by general law,
 1572  only the Legislature may create independent special districts.
 1573         (c) The Governor and Cabinet may create an independent
 1574  special district which shall be established by rule in
 1575  accordance with s. 190.005 or as otherwise authorized in general
 1576  law. The Governor and Cabinet may also approve the establishment
 1577  of a charter for the creation of an independent special district
 1578  which shall be in accordance with s. 373.713 s. 373.1962, or as
 1579  otherwise authorized in general law.
 1580         (d)1. Any combination of two or more counties may create a
 1581  regional special district which shall be established in
 1582  accordance with s. 950.001, or as otherwise authorized in
 1583  general law.
 1584         2. Any combination of two or more counties or
 1585  municipalities may create a regional special district which
 1586  shall be established in accordance with s. 373.709 s. 373.1962,
 1587  or as otherwise authorized by general law.
 1588         3. Any combination of two or more counties, municipalities,
 1589  or other political subdivisions may create a regional special
 1590  district in accordance with s. 163.567, or as otherwise
 1591  authorized in general law.
 1592         Section 7. Subsection (3) of section 189.4155, Florida
 1593  Statutes, is amended to read:
 1594         189.4155 Activities of special districts; local government
 1595  comprehensive planning.—
 1596         (3) The provisions of this section shall not apply to water
 1597  management districts created pursuant to s. 373.069, to regional
 1598  water supply authorities created pursuant to s. 373.713 s.
 1599  373.1962, or to spoil disposal sites owned or used by the
 1600  Federal Government.
 1601         Section 8. Section 189.4156, Florida Statutes, is amended
 1602  to read:
 1603         189.4156 Water management district technical assistance;
 1604  local government comprehensive planning.—Water management
 1605  districts shall assist local governments in the development of
 1606  local government comprehensive plan elements related to water
 1607  resource issues as required by s. 373.711 s. 373.0391.
 1608         Section 9. Subsection (7) of section 367.021, Florida
 1609  Statutes, is amended to read:
 1610         367.021 Definitions.—As used in this chapter, the following
 1611  words or terms shall have the meanings indicated:
 1612         (7) “Governmental authority” means a political subdivision,
 1613  as defined by s. 1.01(8), a regional water supply authority
 1614  created pursuant to s. 373.713 s. 373.1962, or a nonprofit
 1615  corporation formed for the purpose of acting on behalf of a
 1616  political subdivision with respect to a water or wastewater
 1617  facility.
 1618         Section 10. Subsection (17) of section 373.019, Florida
 1619  Statutes, is amended to read:
 1620         373.019 Definitions.—When appearing in this chapter or in
 1621  any rule, regulation, or order adopted pursuant thereto, the
 1622  term:
 1623         (17) “Regional water supply plan” means a detailed water
 1624  supply plan developed by a governing board under s. 373.709 s.
 1625  373.0361.
 1626         Section 11. Subsection (2) of section 373.0421, Florida
 1627  Statutes, is amended to read:
 1628         373.0421 Establishment and implementation of minimum flows
 1629  and levels.—
 1630         (2) If the existing flow or level in a water body is below,
 1631  or is projected to fall within 20 years below, the applicable
 1632  minimum flow or level established pursuant to s. 373.042, the
 1633  department or governing board, as part of the regional water
 1634  supply plan described in s. 373.709 s. 373.0361, shall
 1635  expeditiously implement a recovery or prevention strategy, which
 1636  includes the development of additional water supplies and other
 1637  actions, consistent with the authority granted by this chapter,
 1638  to:
 1639         (a) Achieve recovery to the established minimum flow or
 1640  level as soon as practicable; or
 1641         (b) Prevent the existing flow or level from falling below
 1642  the established minimum flow or level.
 1643  
 1644  The recovery or prevention strategy shall include phasing or a
 1645  timetable which will allow for the provision of sufficient water
 1646  supplies for all existing and projected reasonable-beneficial
 1647  uses, including development of additional water supplies and
 1648  implementation of conservation and other efficiency measures
 1649  concurrent with, to the extent practical, and to offset,
 1650  reductions in permitted withdrawals, consistent with the
 1651  provisions of this chapter.
 1652         Section 12. Subsection (4) of section 373.0695, Florida
 1653  Statutes, is amended to read:
 1654         373.0695 Duties of basin boards; authorized expenditures.—
 1655         (4) In the exercise of the duties and powers granted
 1656  herein, the basin boards shall be subject to all the limitations
 1657  and restrictions imposed on the water management districts in s.
 1658  373.703 s. 373.1961.
 1659         Section 13. Subsections (3) and (5) of section 373.223,
 1660  Florida Statutes, are amended to read:
 1661         373.223 Conditions for a permit.—
 1662         (3) Except for the transport and use of water supplied by
 1663  the Central and Southern Florida Flood Control Project, and
 1664  anywhere in the state when the transport and use of water is
 1665  supplied exclusively for bottled water as defined in s.
 1666  500.03(1)(d), any water use permit applications pending as of
 1667  April 1, 1998, with the Northwest Florida Water Management
 1668  District and self-suppliers of water for which the proposed
 1669  water source and area of use or application are located on
 1670  contiguous private properties, when evaluating whether a
 1671  potential transport and use of ground or surface water across
 1672  county boundaries is consistent with the public interest,
 1673  pursuant to paragraph (1)(c), the governing board or department
 1674  shall consider:
 1675         (a) The proximity of the proposed water source to the area
 1676  of use or application.
 1677         (b) All impoundments, streams, groundwater sources, or
 1678  watercourses that are geographically closer to the area of use
 1679  or application than the proposed source, and that are
 1680  technically and economically feasible for the proposed transport
 1681  and use.
 1682         (c) All economically and technically feasible alternatives
 1683  to the proposed source, including, but not limited to,
 1684  desalination, conservation, reuse of nonpotable reclaimed water
 1685  and stormwater, and aquifer storage and recovery.
 1686         (d) The potential environmental impacts that may result
 1687  from the transport and use of water from the proposed source,
 1688  and the potential environmental impacts that may result from use
 1689  of the other water sources identified in paragraphs (b) and (c).
 1690         (e) Whether existing and reasonably anticipated sources of
 1691  water and conservation efforts are adequate to supply water for
 1692  existing legal uses and reasonably anticipated future needs of
 1693  the water supply planning region in which the proposed water
 1694  source is located.
 1695         (f) Consultations with local governments affected by the
 1696  proposed transport and use.
 1697         (g) The value of the existing capital investment in water
 1698  related infrastructure made by the applicant.
 1699  
 1700  Where districtwide water supply assessments and regional water
 1701  supply plans have been prepared pursuant to ss. 373.036 and
 1702  373.709 373.0361, the governing board or the department shall
 1703  use the applicable plans and assessments as the basis for its
 1704  consideration of the applicable factors in this subsection.
 1705         (5) In evaluating an application for consumptive use of
 1706  water which proposes the use of an alternative water supply
 1707  project as described in the regional water supply plan and
 1708  provides reasonable assurances of the applicant’s capability to
 1709  design, construct, operate, and maintain the project, the
 1710  governing board or department shall presume that the alternative
 1711  water supply use is consistent with the public interest under
 1712  paragraph (1)(c). However, where the governing board identifies
 1713  the need for a multijurisdictional water supply entity or
 1714  regional water supply authority to develop the alternative water
 1715  supply project pursuant to s. 373.709(2)(a)2. s.
 1716  373.0361(2)(a)2., the presumption shall be accorded only to that
 1717  use proposed by such entity or authority. This subsection does
 1718  not affect effect evaluation of the use pursuant to the
 1719  provisions of paragraphs (1)(a) and (b), subsections (2) and
 1720  (3), and ss. 373.2295 and 373.233.
 1721         Section 14. Section 373.2234, Florida Statutes, is amended
 1722  to read:
 1723         373.2234 Preferred water supply sources.—The governing
 1724  board of a water management district is authorized to adopt
 1725  rules that identify preferred water supply sources for
 1726  consumptive uses for which there is sufficient data to establish
 1727  that a preferred source will provide a substantial new water
 1728  supply to meet the existing and projected reasonable-beneficial
 1729  uses of a water supply planning region identified pursuant to s.
 1730  373.709(1) s. 373.0361(1), while sustaining existing water
 1731  resources and natural systems. At a minimum, such rules must
 1732  contain a description of the preferred water supply source and
 1733  an assessment of the water the preferred source is projected to
 1734  produce. If an applicant proposes to use a preferred water
 1735  supply source, that applicant’s proposed water use is subject to
 1736  s. 373.223(1), except that the proposed use of a preferred water
 1737  supply source must be considered by a water management district
 1738  when determining whether a permit applicant’s proposed use of
 1739  water is consistent with the public interest pursuant to s.
 1740  373.223(1)(c). A consumptive use permit issued for the use of a
 1741  preferred water supply source must be granted, when requested by
 1742  the applicant, for at least a 20-year period and may be subject
 1743  to the compliance reporting provisions of s. 373.236(4). Nothing
 1744  in this section shall be construed to exempt the use of
 1745  preferred water supply sources from the provisions of ss.
 1746  373.016(4) and 373.223(2) and (3), or be construed to provide
 1747  that permits issued for the use of a nonpreferred water supply
 1748  source must be issued for a duration of less than 20 years or
 1749  that the use of a nonpreferred water supply source is not
 1750  consistent with the public interest. Additionally, nothing in
 1751  this section shall be interpreted to require the use of a
 1752  preferred water supply source or to restrict or prohibit the use
 1753  of a nonpreferred water supply source. Rules adopted by the
 1754  governing board of a water management district to implement this
 1755  section shall specify that the use of a preferred water supply
 1756  source is not required and that the use of a nonpreferred water
 1757  supply source is not restricted or prohibited.
 1758         Section 15. Subsection (3) of section 373.229, Florida
 1759  Statutes, is amended to read:
 1760         373.229 Application for permit.—
 1761         (3) In addition to the information required in subsection
 1762  (1), all permit applications filed with the governing board or
 1763  the department which propose the transport and use of water
 1764  across county boundaries shall include information pertaining to
 1765  factors to be considered, pursuant to s. 373.223(3), unless
 1766  exempt under s. 373.713(9) s. 373.1962(9).
 1767         Section 16. Paragraph (a) of subsection (6) of section
 1768  373.536, Florida Statutes, is amended to read:
 1769         373.536 District budget and hearing thereon.—
 1770         (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
 1771  WATER RESOURCE DEVELOPMENT WORK PROGRAM.—
 1772         (a) Each district must, by the date specified for each
 1773  item, furnish copies of the following documents to the Governor,
 1774  the President of the Senate, the Speaker of the House of
 1775  Representatives, the chairs of all legislative committees and
 1776  subcommittees having substantive or fiscal jurisdiction over the
 1777  districts, as determined by the President of the Senate or the
 1778  Speaker of the House of Representatives as applicable, the
 1779  secretary of the department, and the governing board of each
 1780  county in which the district has jurisdiction or derives any
 1781  funds for the operations of the district:
 1782         1. The adopted budget, to be furnished within 10 days after
 1783  its adoption.
 1784         2. A financial audit of its accounts and records, to be
 1785  furnished within 10 days after its acceptance by the governing
 1786  board. The audit must be conducted in accordance with the
 1787  provisions of s. 11.45 and the rules adopted thereunder. In
 1788  addition to the entities named above, the district must provide
 1789  a copy of the audit to the Auditor General within 10 days after
 1790  its acceptance by the governing board.
 1791         3. A 5-year capital improvements plan, to be included in
 1792  the consolidated annual report required by s. 373.036(7). The
 1793  plan must include expected sources of revenue for planned
 1794  improvements and must be prepared in a manner comparable to the
 1795  fixed capital outlay format set forth in s. 216.043.
 1796         4. A 5-year water resource development work program to be
 1797  furnished within 30 days after the adoption of the final budget.
 1798  The program must describe the district’s implementation strategy
 1799  for the water resource development component of each approved
 1800  regional water supply plan developed or revised under s. 373.709
 1801  s. 373.0361. The work program must address all the elements of
 1802  the water resource development component in the district’s
 1803  approved regional water supply plans and must identify which
 1804  projects in the work program will provide water, explain how
 1805  each water resource development project will produce additional
 1806  water available for consumptive uses, estimate the quantity of
 1807  water to be produced by each project, and provide an assessment
 1808  of the contribution of the district’s regional water supply
 1809  plans in providing sufficient water to meet the water supply
 1810  needs of existing and future reasonable-beneficial uses for a 1
 1811  in-10-year drought event. Within 30 days after its submittal,
 1812  the department shall review the proposed work program and submit
 1813  its findings, questions, and comments to the district. The
 1814  review must include a written evaluation of the program’s
 1815  consistency with the furtherance of the district’s approved
 1816  regional water supply plans, and the adequacy of proposed
 1817  expenditures. As part of the review, the department shall give
 1818  interested parties the opportunity to provide written comments
 1819  on each district’s proposed work program. Within 45 days after
 1820  receipt of the department’s evaluation, the governing board
 1821  shall state in writing to the department which changes
 1822  recommended in the evaluation it will incorporate into its work
 1823  program submitted as part of the March 1 consolidated annual
 1824  report required by s. 373.036(7) or specify the reasons for not
 1825  incorporating the changes. The department shall include the
 1826  district’s responses in a final evaluation report and shall
 1827  submit a copy of the report to the Governor, the President of
 1828  the Senate, and the Speaker of the House of Representatives.
 1829         Section 17. Subsection (11) of section 373.59, Florida
 1830  Statutes, is amended to read:
 1831         373.59 Water Management Lands Trust Fund.—
 1832         (11) Notwithstanding any provision of this section to the
 1833  contrary, the governing board of a water management district may
 1834  request, and the Secretary of Environmental Protection shall
 1835  release upon such request, moneys allocated to the districts
 1836  pursuant to subsection (8) for purposes consistent with the
 1837  provisions of s. 373.709, s. 373.705, s. 373.0361, s. 373.0831,
 1838  s. 373.139, or ss. 373.451-373.4595 and for legislatively
 1839  authorized land acquisition and water restoration initiatives.
 1840  No funds may be used pursuant to this subsection until necessary
 1841  debt service obligations, requirements for payments in lieu of
 1842  taxes, and land management obligations that may be required by
 1843  this chapter are provided for.
 1844         Section 18. Paragraph (g) of subsection (1) of section
 1845  378.212, Florida Statutes, is amended to read:
 1846         378.212 Variances.—
 1847         (1) Upon application, the secretary may grant a variance
 1848  from the provisions of this part or the rules adopted pursuant
 1849  thereto. Variances and renewals thereof may be granted for any
 1850  one of the following reasons:
 1851         (g) To accommodate reclamation that provides water supply
 1852  development or water resource development not inconsistent with
 1853  the applicable regional water supply plan approved pursuant to
 1854  s. 373.709 s. 373.0361, provided adverse impacts are not caused
 1855  to the water resources in the basin. A variance may also be
 1856  granted from the requirements of part IV of chapter 373, or the
 1857  rules adopted thereunder, when a project provides an improvement
 1858  in water availability in the basin and does not cause adverse
 1859  impacts to water resources in the basin.
 1860         Section 19. Subsection (9) of section 378.404, Florida
 1861  Statutes, is amended to read:
 1862         378.404 Department of Environmental Protection; powers and
 1863  duties.—The department shall have the following powers and
 1864  duties:
 1865         (9) To grant variances from the provisions of this part to
 1866  accommodate reclamation that provides for water supply
 1867  development or water resource development not inconsistent with
 1868  the applicable regional water supply plan approved pursuant to
 1869  s. 373.709 s. 373.0361, appropriate stormwater management,
 1870  improved wildlife habitat, recreation, or a mixture thereof,
 1871  provided adverse impacts are not caused to the water resources
 1872  in the basin and public health and safety are not adversely
 1873  affected.
 1874         Section 20. Paragraph (a) of subsection (3) of section
 1875  403.0891, Florida Statutes, is amended to read:
 1876         403.0891 State, regional, and local stormwater management
 1877  plans and programs.—The department, the water management
 1878  districts, and local governments shall have the responsibility
 1879  for the development of mutually compatible stormwater management
 1880  programs.
 1881         (3)(a) Each local government required by chapter 163 to
 1882  submit a comprehensive plan, whose plan is submitted after July
 1883  1, 1992, and the others when updated after July 1, 1992, in the
 1884  development of its stormwater management program described by
 1885  elements within its comprehensive plan shall consider the water
 1886  resource implementation rule, district stormwater management
 1887  goals, plans approved pursuant to the Surface Water Improvement
 1888  and Management Act, ss. 373.451-373.4595, and technical
 1889  assistance information provided by the water management
 1890  districts pursuant to s. 373.711 s. 373.0391.
 1891         Section 21. Paragraph (a) of subsection (1) and paragraph
 1892  (a) of subsection (2) of section 403.890, Florida Statutes, are
 1893  amended to read:
 1894         403.890 Water Protection and Sustainability Program;
 1895  intent; goals; purposes.—
 1896         (1) Effective July 1, 2006, revenues transferred from the
 1897  Department of Revenue pursuant to s. 201.15(1)(c)2. shall be
 1898  deposited into the Water Protection and Sustainability Program
 1899  Trust Fund in the Department of Environmental Protection. These
 1900  revenues and any other additional revenues deposited into or
 1901  appropriated to the Water Protection and Sustainability Program
 1902  Trust Fund shall be distributed by the Department of
 1903  Environmental Protection in the following manner:
 1904         (a) Sixty percent to the Department of Environmental
 1905  Protection for the implementation of an alternative water supply
 1906  program as provided in s. 373.703 s. 373.1961.
 1907         (2) Applicable beginning in the 2007-2008 fiscal year,
 1908  revenues transferred from the Department of Revenue pursuant to
 1909  s. 201.15(1)(c)2. shall be deposited into the Water Protection
 1910  and Sustainability Program Trust Fund in the Department of
 1911  Environmental Protection. These revenues and any other
 1912  additional revenues deposited into or appropriated to the Water
 1913  Protection and Sustainability Program Trust Fund shall be
 1914  distributed by the Department of Environmental Protection in the
 1915  following manner:
 1916         (a) Sixty-five percent to the Department of Environmental
 1917  Protection for the implementation of an alternative water supply
 1918  program as provided in s. 373.709 s. 373.1961.
 1919         Section 22. Section 682.02, Florida Statutes, is amended to
 1920  read:
 1921         682.02 Arbitration agreements made valid, irrevocable, and
 1922  enforceable; scope.—Two or more parties may agree in writing to
 1923  submit to arbitration any controversy existing between them at
 1924  the time of the agreement, or they may include in a written
 1925  contract a provision for the settlement by arbitration of any
 1926  controversy thereafter arising between them relating to such
 1927  contract or the failure or refusal to perform the whole or any
 1928  part thereof. This section also applies to written interlocal
 1929  agreements under ss. 163.01 and 373.713 373.1962 in which two or
 1930  more parties agree to submit to arbitration any controversy
 1931  between them concerning water use permit applications and other
 1932  matters, regardless of whether or not the water management
 1933  district with jurisdiction over the subject application is a
 1934  party to the interlocal agreement or a participant in the
 1935  arbitration. Such agreement or provision shall be valid,
 1936  enforceable, and irrevocable without regard to the justiciable
 1937  character of the controversy; provided that this act shall not
 1938  apply to any such agreement or provision to arbitrate in which
 1939  it is stipulated that this law shall not apply or to any
 1940  arbitration or award thereunder.
 1941         Section 23. Section 373.71, Florida Statutes, is renumbered
 1942  as section 373.69, Florida Statutes.
 1943         Section 24. Sections 373.0361, 373.0391, 373.0831, 373.196,
 1944  373.1961, 373.1962, and 373.1963, Florida Statutes, are
 1945  repealed.
 1946         Section 25. This act shall take effect July 1, 2010.


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