August 07, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
       CS for CS for CS for SB 550                     Second Engrossed
       
       
       
       
       
       
       
       
       2010550e2
       
    1                        A bill to be entitled                      
    2         An act relating to environmental protection; creating
    3         part VII of ch. 373, F.S., relating to water supply
    4         policy, planning, production, and funding; providing a
    5         declaration of policy; providing for the general
    6         powers and duties of water management district
    7         governing boards; requiring the Department of
    8         Environmental Protection to develop the Florida water
    9         supply plan; providing components of the plan;
   10         requiring water management district governing boards
   11         to develop water supply plans for their respective
   12         regions; providing components of district water supply
   13         plans; providing legislative findings and intent with
   14         respect to water resource development and water supply
   15         development; requiring water management districts to
   16         fund and implement water resource development;
   17         specifying water supply development projects that are
   18         eligible to receive priority consideration for state
   19         or water management district funding assistance;
   20         encouraging cooperation in the development of water
   21         supplies; providing for alternative water supply
   22         development; encouraging municipalities, counties, and
   23         special districts to create regional water supply
   24         authorities; establishing the primary roles of the
   25         water management districts in alternative water supply
   26         development; establishing the primary roles of local
   27         governments, regional water supply authorities,
   28         special districts, and publicly owned and privately
   29         owned water utilities in alternative water supply
   30         development; requiring the water management districts
   31         to detail the specific allocations to be used for
   32         alternative water supply development in their annual
   33         budget submission; requiring that the water management
   34         districts include the amount needed to implement the
   35         water supply development projects in each annual
   36         budget; establishing general funding criteria for
   37         funding assistance to the state or water management
   38         districts; establishing economic incentives for
   39         alternative water supply development; providing a
   40         funding formula for the distribution of state funds to
   41         the water management districts for alternative water
   42         supply development; requiring that funding assistance
   43         for alternative water supply development be limited to
   44         a percentage of the total capital costs of an approved
   45         project; establishing a selection process and
   46         criteria; providing for cost recovery from the Public
   47         Service Commission; requiring a water management
   48         district governing board to conduct water supply
   49         planning for each region identified in the district
   50         water supply plan; providing procedures and
   51         requirements with respect to regional water supply
   52         plans; providing for joint development of a specified
   53         water supply development component of a regional water
   54         supply plan within the boundaries of the Southwest
   55         Florida Water Management District; providing that
   56         approval of a regional water supply plan is not
   57         subject to the rulemaking requirements of the
   58         Administrative Procedure Act; requiring the department
   59         to submit annual reports on the status of regional
   60         water supply planning in each district; providing for
   61         construction with respect to the water supply
   62         development component of a regional water supply plan;
   63         requiring water management districts to present to
   64         certain entities the relevant portions of a regional
   65         water supply plan; requiring certain entities to
   66         provide written notification to water management
   67         districts as to the implementation of water supply
   68         project options; requiring water management districts
   69         to notify local governments of the need for
   70         alternative water supply projects; requiring water
   71         management districts to assist local governments in
   72         the development and future revision of local
   73         government comprehensive plan elements or public
   74         facilities reports related to water resource issues;
   75         providing for the creation of regional water supply
   76         authorities; providing purpose of such authorities;
   77         specifying considerations with respect to the creation
   78         of a proposed authority; specifying authority of a
   79         regional water supply authority; providing authority
   80         of specified entities to convey title, dedicate land,
   81         or grant land-use rights to a regional water supply
   82         authority for specified purposes; providing
   83         preferential rights of counties and municipalities to
   84         purchase water from regional water supply authorities;
   85         providing an exemption for specified water supply
   86         authorities from consideration of certain factors and
   87         submissions; providing applicability of such
   88         exemptions; authorizing the West Coast Regional Water
   89         Supply Authority and its member governments to
   90         reconstitute the authority’s governance and rename the
   91         authority under a voluntary interlocal agreement;
   92         providing compliance requirements with respect to the
   93         interlocal agreement; providing for supersession of
   94         conflicting general or special laws; providing
   95         requirements with respect to annual budgets;
   96         specifying the annual millage for the authority;
   97         authorizing the authority to request the governing
   98         board of the district to levy ad valorem taxes within
   99         the boundaries of the authority to finance authority
  100         functions; providing requirements and procedures with
  101         respect to the collection of such taxes; amending ss.
  102         120.52, 163.3167, 163.3177, 163.3191, 189.404,
  103         189.4155, 189.4156, and 367.021, F.S.; conforming
  104         cross-references and removing obsolete provisions;
  105         amending ss. 373.036, 373.0363, 373.0421, 373.0695,
  106         373.223, 373.2234, 373.229, 373.236, 373.536, 373.59,
  107         378.212, 378.404, 403.0891, 403.890, 403.891, and
  108         682.02, F.S.; conforming cross-references and removing
  109         obsolete provisions; renumbering s. 373.71, F.S.;
  110         relating to the Apalachicola-Chattahoochee-Flint River
  111         Basin Compact, to clarify retention of the section in
  112         part VI of ch. 373, F.S.; repealing s. 373.0361, F.S.,
  113         relating to regional water supply planning; repealing
  114         s. 373.0391, F.S., relating to technical assistance to
  115         local governments; repealing s. 373.0831, F.S.,
  116         relating to water resource and water supply
  117         development; repealing s. 373.196, F.S., relating to
  118         alternative water supply development; repealing s.
  119         373.1961, F.S., relating to water production and
  120         related powers and duties of water management
  121         districts; repealing s. 373.1962, F.S., relating to
  122         regional water supply authorities; repealing s.
  123         373.1963, F.S., relating to assistance to the West
  124         Coast Regional Water Supply Authority; amending s.
  125         373.1961, F.S.; expanding alternative water supply
  126         funding to include quantifiable conservation projects;
  127         adding a high-water recharge criterion to the ranking
  128         criteria for water projects; amending s. 373.414,
  129         F.S.; adding limestone extraction operations to
  130         activities in surface waters and wetlands that require
  131         mitigation; amending s. 378.901, F.S.; allowing life
  132         of-the-mine permits for limestone extraction
  133         operations; providing authority for local governments
  134         to impose different permit restrictions; amending s.
  135         373.41492, F.S.; updating mitigation fees for the
  136         Miami-Dade Lake Belt Mitigation Plan; revising
  137         provisions requiring the interagency committee to
  138         submit a report regarding mitigation fees to the
  139         Legislature; amending s. 215.619, F.S.; authorizing
  140         the issuance of bonds to be used to finance the
  141         management of sewage facilities in the Florida Keys
  142         Area of Critical State Concern; amending s. 380.0552,
  143         F.S.; revising legislative intent relating to the
  144         designation of the Florida Keys as an area of critical
  145         state concern; revising the procedures for removing
  146         the designation; providing for administrative review
  147         of such removal rather than judicial review;
  148         authorizing the Administration Commission to adopt
  149         rules or revise existing rules; revising the
  150         principles guiding development; revising compliance
  151         requirements for reviewing comprehensive plan
  152         amendments; amending s. 381.0065, F.S.; providing
  153         additional legislative intent; providing additional
  154         requirements for onsite sewage treatment and disposal
  155         systems in Monroe County; directing the Department of
  156         Health to create and administer a statewide septic
  157         tank evaluation program; providing procedures and
  158         criteria for the evaluation program; prohibiting the
  159         land application of septage after January 1, 2016;
  160         creating s. 381.00656, F.S.; providing for a low
  161         income grant program for septic tank maintenance and
  162         replacement; amending s. 381.0066, F.S.; authorizing
  163         the Department of Health to collect an evaluation
  164         report fee; requiring such fees to be revenue neutral;
  165         amending s. 403.086, F.S.; requiring the Department of
  166         Environmental Protection to submit a report on the
  167         effects of reclaimed water use; clarifying reuse
  168         requirements for domestic wastewater facilities that
  169         discharge through ocean outfalls; clarifying reuse
  170         requirements for domestic wastewater facilities that
  171         divert wastewater from facilities discharging through
  172         ocean outfalls; providing legislative findings and
  173         discharge requirements for wastewater facilities in
  174         Monroe County; repealing sections 4, 5, and 6 of
  175         chapter 99-395, Laws of Florida, as amended, relating
  176         to sewage treatment in the Florida Keys; amending s.
  177         403.1835, F.S.; conforming terms to changes made to
  178         the Florida Water Pollution Control Financing
  179         Corporation; amending s. 403.1837, F.S.; expanding the
  180         purview of the corporation to include loans made from
  181         the drinking water state revolving loan fund;
  182         providing conforming changes; amending s. 403.8532,
  183         F.S.; providing definitions for the terms “bonds” and
  184         “corporation”; providing conforming changes;
  185         authorizing the Department of Environmental Protection
  186         to adopt certain rules; amending s. 403.8533, F.S.;
  187         revising the purposes for the Drinking Water Revolving
  188         Loan Trust Fund; providing that the trust fund is
  189         exempt from the termination provisions of the State
  190         Constitution; amending s. 369.317, F.S.; clarifying
  191         mitigation offsets in the Wekiva Study Area; amending
  192         s. 215.47, F.S.; authorizing the State Board of
  193         Administration to make investments in alternative
  194         water supply and water resource development projects;
  195         amending s. 373.129, F.S.; requiring the water
  196         management districts to submit to alternative dispute
  197         resolution in conflicts with other governmental
  198         entities; amending s. 403.707, F.S.; requiring liners
  199         for new landfills and expansions of existing landfills
  200         not yet permitted that will accept construction and
  201         demolition debris; amending s. 298.66, F.S.;
  202         clarifying penalties for people who damage drainage
  203         works constructed or maintained by a water management
  204         district; providing legislative intent that there are
  205         no substantive changes in the reorganization ch. 373,
  206         F.S.; providing legislative intent that substantive
  207         changes affecting repealed sections of law relating to
  208         the reorganization of ch. 373, F.S., shall be given
  209         full force and effect; amending s. 373.0361, F.S.;
  210         providing for the inclusion of wastewater utilities,
  211         reuse utilities, and the department in the regional
  212         water supply planning process; amending s. 373.079,
  213         F.S.; revising provisions relating to the authority of
  214         a water management district governing board to employ
  215         an executive director, an ombudsman, an inspector
  216         general, professional persons, and personnel;
  217         prohibiting governing board intervention during review
  218         of specified permit applications; providing for
  219         expiration of such prohibition; revising provisions
  220         authorizing a water management district governing
  221         board to delegate certain authority to the executive
  222         director; requiring the governing board to provide a
  223         process for referring certain denials to the board for
  224         final action; amending s. 373.083, F.S.; revising
  225         provisions authorizing a water management district
  226         governing board to delegate certain authority to the
  227         executive director; deleting a provision prohibiting
  228         governing board members from intervening in the review
  229         of certain applications; amending s. 373.085, F.S.;
  230         requiring water management districts and governmental
  231         agencies to encourage public-private partnerships for
  232         procurement of materials for infrastructure and
  233         restoration work projects; amending s. 373.118, F.S.;
  234         authorizing a water management district governing
  235         board to delegate certain authority to the executive
  236         director; requiring a water management district
  237         governing board to provide a process for referring
  238         application and petition denials to the board for
  239         final action; exempting such delegations from
  240         rulemaking under ch. 120, F.S.; amending s. 373.236,
  241         F.S.; reducing the frequency of compliance reports
  242         during the term of a consumptive use permit; providing
  243         an exception; amending s. 373.250, F.S.; requiring
  244         water management districts, in consultation with the
  245         department, to adopt rules relating to reclaimed water
  246         feasibility evaluations for consumptive use permit
  247         applicants; providing rule requirements; encouraging
  248         reuse utilities and water management districts to
  249         periodically coordinate and share information relating
  250         to reclaimed water; requiring water management
  251         districts to initiate certain rulemaking by a
  252         specified date; providing legislative findings with
  253         respect to nutrient water quality standards and the
  254         United States Environmental Protection Agency’s
  255         nutrient water quality criteria rulemaking; amending
  256         ss. 220.1845 and 376.30781, F.S.; providing
  257         requirements for claiming certain site rehabilitation
  258         costs in applications for contaminated site
  259         rehabilitation tax credits; conforming cross
  260         references; amending s. 376.85, F.S.; revising
  261         requirements for the Department of Environmental
  262         Protection’s annual report to the Legislature
  263         regarding site rehabilitation; amending s. 403.973,
  264         F.S.; transferring certain authority over the
  265         expedited permitting and comprehensive plan amendment
  266         process from the Office of Tourism, Trade, and
  267         Economic Development to the Secretary of Environmental
  268         Protection; revising job-creation criteria for
  269         businesses to qualify to submit permit applications
  270         and local comprehensive plan amendments for expedited
  271         review; providing that permit applications and local
  272         comprehensive plan amendments for specified renewable
  273         energy projects are eligible for the expedited
  274         permitting process; providing for the establishment of
  275         regional permit action teams through the execution of
  276         memoranda of agreement developed by permit applicants
  277         and the secretary; revising provisions relating to the
  278         memoranda of agreement developed by the secretary;
  279         providing for the appeal of local government
  280         comprehensive plan approvals for projects and
  281         requiring such appeals to be consolidated with
  282         challenges to state agency actions; requiring
  283         recommended orders relating to challenges to state
  284         agency actions pursuant to summary hearing provisions
  285         to include certain information; extending the deadline
  286         for issuance of final orders relating to such
  287         challenges; providing for challenges to state agency
  288         action related to expedited permitting for specified
  289         renewable energy projects; revising provisions
  290         relating to the review of sites proposed for the
  291         location of facilities eligible for the Innovation
  292         Incentive Program; revising criteria for counties
  293         eligible to receive technical assistance in preparing
  294         permit applications and local comprehensive plan
  295         amendments; specifying expedited review eligibility
  296         for certain electrical power projects; providing an
  297         effective date.
  298  
  299  Be It Enacted by the Legislature of the State of Florida:
  300  
  301         Section 1. Part VII of chapter 373, Florida Statutes,
  302  consisting of sections 373.701, 373.703, 373.705, 373.707,
  303  373.709, 373.711, 373.713, and 373.715, is created to read:
  304                              PART VII                             
  305       WATER SUPPLY POLICY, PLANNING, PRODUCTION, AND FUNDING      
  306         373.701 Declaration of policy.—It is declared to be the
  307  policy of the Legislature:
  308         (1) To promote the availability of sufficient water for all
  309  existing and future reasonable-beneficial uses and natural
  310  systems.
  311         (2)(a) Because water constitutes a public resource
  312  benefiting the entire state, it is the policy of the Legislature
  313  that the waters in the state be managed on a state and regional
  314  basis. Consistent with this directive, the Legislature
  315  recognizes the need to allocate water throughout the state so as
  316  to meet all reasonable-beneficial uses. However, the Legislature
  317  acknowledges that such allocations have in the past adversely
  318  affected the water resources of certain areas in this state. To
  319  protect such water resources and to meet the current and future
  320  needs of those areas with abundant water, the Legislature
  321  directs the department and the water management districts to
  322  encourage the use of water from sources nearest the area of use
  323  or application whenever practicable. Such sources shall include
  324  all naturally occurring water sources and all alternative water
  325  sources, including, but not limited to, desalination,
  326  conservation, reuse of nonpotable reclaimed water and
  327  stormwater, and aquifer storage and recovery. Reuse of potable
  328  reclaimed water and stormwater shall not be subject to the
  329  evaluation described in s. 373.223(3)(a)-(g). However, this
  330  directive to encourage the use of water, whenever practicable,
  331  from sources nearest the area of use or application shall not
  332  apply to the transport and direct and indirect use of water
  333  within the area encompassed by the Central and Southern Florida
  334  Flood Control Project, nor shall it apply anywhere in the state
  335  to the transport and use of water supplied exclusively for
  336  bottled water as defined in s. 500.03(1)(d), nor shall it apply
  337  to the transport and use of reclaimed water for electrical power
  338  production by an electric utility as defined in s. 366.02(2).
  339         (b) In establishing the policy outlined in paragraph (a),
  340  the Legislature realizes that under certain circumstances the
  341  need to transport water from distant sources may be necessary
  342  for environmental, technical, or economic reasons.
  343         (3) Cooperative efforts between municipalities, counties,
  344  water management districts, and the department are mandatory in
  345  order to meet the water needs of rapidly urbanizing areas in a
  346  manner that will supply adequate and dependable supplies of
  347  water where needed without resulting in adverse effects upon the
  348  areas from which such water is withdrawn. Such efforts should
  349  use all practical means of obtaining water, including, but not
  350  limited to, withdrawals of surface water and ground water,
  351  reuse, and desalination and will necessitate not only
  352  cooperation but also well-coordinated activities.
  353  Municipalities, counties, and special districts are encouraged
  354  to create regional water supply authorities as authorized in s.
  355  373.713 or multijurisdictional water supply entities.
  356         373.703 Water production; general powers and duties.—In the
  357  performance of, and in conjunction with, its other powers and
  358  duties, the governing board of a water management district
  359  existing pursuant to this chapter:
  360         (1) Shall engage in planning to assist counties,
  361  municipalities, special districts, publicly owned and privately
  362  owned water utilities, multijurisdictional water supply
  363  entities, or regional water supply authorities in meeting water
  364  supply needs in such manner as will give priority to encouraging
  365  conservation and reducing adverse environmental effects of
  366  improper or excessive withdrawals of water from concentrated
  367  areas. As used in this section and s. 373.707, regional water
  368  supply authorities are regional water authorities created under
  369  s. 373.713 or other laws of this state.
  370         (2) Shall assist counties, municipalities, special
  371  districts, publicly owned or privately owned water utilities,
  372  multijurisdictional water supply entities, or regional water
  373  supply authorities in meeting water supply needs in such manner
  374  as will give priority to encouraging conservation and reducing
  375  adverse environmental effects of improper or excessive
  376  withdrawals of water from concentrated areas.
  377         (3) May establish, design, construct, operate, and maintain
  378  water production and transmission facilities for the purpose of
  379  supplying water to counties, municipalities, special districts,
  380  publicly owned and privately owned water utilities,
  381  multijurisdictional water supply entities, or regional water
  382  supply authorities. The permit required by part II of this
  383  chapter for a water management district engaged in water
  384  production and transmission shall be granted, denied, or granted
  385  with conditions by the department.
  386         (4) Shall not engage in local water supply distribution.
  387         (5) Shall not deprive, directly or indirectly, any county
  388  wherein water is withdrawn of the prior right to the reasonable
  389  and beneficial use of water which is required to supply
  390  adequately the reasonable and beneficial needs of the county or
  391  any of the inhabitants or property owners therein.
  392         (6) May provide water and financial assistance to regional
  393  water supply authorities, but may not provide water to counties
  394  and municipalities which are located within the area of such
  395  authority without the specific approval of the authority or, in
  396  the event of the authority’s disapproval, the approval of the
  397  Governor and Cabinet sitting as the Land and Water Adjudicatory
  398  Commission. The district may supply water at rates and upon
  399  terms mutually agreed to by the parties or, if they do not
  400  agree, as set by the governing board and specifically approved
  401  by the Governor and Cabinet sitting as the Land and Water
  402  Adjudicatory Commission.
  403         (7) May acquire title to such interest as is necessary in
  404  real property, by purchase, gift, devise, lease, eminent domain,
  405  or otherwise, for water production and transmission consistent
  406  with this section and s. 373.707. However, the district shall
  407  not use any of the eminent domain powers herein granted to
  408  acquire water and water rights already devoted to reasonable and
  409  beneficial use or any water production or transmission
  410  facilities owned by any county, municipality, or regional water
  411  supply authority. The district may exercise eminent domain
  412  powers outside of its district boundaries for the acquisition of
  413  pumpage facilities, storage areas, transmission facilities, and
  414  the normal appurtenances thereto, provided that at least 45 days
  415  prior to the exercise of eminent domain, the district notifies
  416  the district where the property is located after public notice
  417  and the district where the property is located does not object
  418  within 45 days after notification of such exercise of eminent
  419  domain authority.
  420         (8) In addition to the power to issue revenue bonds
  421  pursuant to s. 373.584, may issue revenue bonds for the purposes
  422  of paying the costs and expenses incurred in carrying out the
  423  purposes of this chapter or refunding obligations of the
  424  district issued pursuant to this section. Such revenue bonds
  425  shall be secured by, and be payable from, revenues derived from
  426  the operation, lease, or use of its water production and
  427  transmission facilities and other water-related facilities and
  428  from the sale of water or services relating thereto. Such
  429  revenue bonds may not be secured by, or be payable from, moneys
  430  derived by the district from the Water Management Lands Trust
  431  Fund or from ad valorem taxes received by the district. All
  432  provisions of s. 373.584 relating to the issuance of revenue
  433  bonds which are not inconsistent with this section shall apply
  434  to the issuance of revenue bonds pursuant to this section. The
  435  district may also issue bond anticipation notes in accordance
  436  with the provisions of s. 373.584.
  437         (9) May join with one or more other water management
  438  districts, counties, municipalities, special districts, publicly
  439  owned or privately owned water utilities, multijurisdictional
  440  water supply entities, or regional water supply authorities for
  441  the purpose of carrying out any of its powers, and may contract
  442  with such other entities to finance acquisitions, construction,
  443  operation, and maintenance. The contract may provide for
  444  contributions to be made by each party thereto, for the division
  445  and apportionment of the expenses of acquisitions, construction,
  446  operation, and maintenance, and for the division and
  447  apportionment of the benefits, services, and products therefrom.
  448  The contracts may contain other covenants and agreements
  449  necessary and appropriate to accomplish their purposes.
  450         373.705 Water resource development; water supply
  451  development.—
  452         (1) The Legislature finds that:
  453         (a) The proper role of the water management districts in
  454  water supply is primarily planning and water resource
  455  development, but this does not preclude them from providing
  456  assistance with water supply development.
  457         (b) The proper role of local government, regional water
  458  supply authorities, and government-owned and privately owned
  459  water utilities in water supply is primarily water supply
  460  development, but this does not preclude them from providing
  461  assistance with water resource development.
  462         (c) Water resource development and water supply development
  463  must receive priority attention, where needed, to increase the
  464  availability of sufficient water for all existing and future
  465  reasonable-beneficial uses and natural systems.
  466         (2) It is the intent of the Legislature that:
  467         (a) Sufficient water be available for all existing and
  468  future reasonable-beneficial uses and the natural systems, and
  469  that the adverse effects of competition for water supplies be
  470  avoided.
  471         (b) Water management districts take the lead in identifying
  472  and implementing water resource development projects, and be
  473  responsible for securing necessary funding for regionally
  474  significant water resource development projects.
  475         (c) Local governments, regional water supply authorities,
  476  and government-owned and privately owned water utilities take
  477  the lead in securing funds for and implementing water supply
  478  development projects. Generally, direct beneficiaries of water
  479  supply development projects should pay the costs of the projects
  480  from which they benefit, and water supply development projects
  481  should continue to be paid for through local funding sources.
  482         (d) Water supply development be conducted in coordination
  483  with water management district regional water supply planning
  484  and water resource development.
  485         (3) The water management districts shall fund and implement
  486  water resource development as defined in s. 373.019. The water
  487  management districts are encouraged to implement water resource
  488  development as expeditiously as possible in areas subject to
  489  regional water supply plans. Each governing board shall include
  490  in its annual budget the amount needed for the fiscal year to
  491  implement water resource development projects, as prioritized in
  492  its regional water supply plans.
  493         (4)(a) Water supply development projects that are
  494  consistent with the relevant regional water supply plans and
  495  that meet one or more of the following criteria shall receive
  496  priority consideration for state or water management district
  497  funding assistance:
  498         1. The project supports establishment of a dependable,
  499  sustainable supply of water which is not otherwise financially
  500  feasible;
  501         2. The project provides substantial environmental benefits
  502  by preventing or limiting adverse water resource impacts, but
  503  requires funding assistance to be economically competitive with
  504  other options; or
  505         3. The project significantly implements reuse, storage,
  506  recharge, or conservation of water in a manner that contributes
  507  to the sustainability of regional water sources.
  508         (b) Water supply development projects that meet the
  509  criteria in paragraph (a) and that meet one or more of the
  510  following additional criteria shall be given first consideration
  511  for state or water management district funding assistance:
  512         1. The project brings about replacement of existing sources
  513  in order to help implement a minimum flow or level; or
  514         2. The project implements reuse that assists in the
  515  elimination of domestic wastewater ocean outfalls as provided in
  516  s. 403.086(9).
  517         373.707 Alternative water supply development.—
  518         (1) The purpose of this section is to encourage cooperation
  519  in the development of water supplies and to provide for
  520  alternative water supply development.
  521         (a) Demands on natural supplies of fresh water to meet the
  522  needs of a rapidly growing population and the needs of the
  523  environment, agriculture, industry, and mining will continue to
  524  increase.
  525         (b) There is a need for the development of alternative
  526  water supplies for Florida to sustain its economic growth,
  527  economic viability, and natural resources.
  528         (c) Cooperative efforts between municipalities, counties,
  529  special districts, water management districts, and the
  530  Department of Environmental Protection are mandatory in order to
  531  meet the water needs of rapidly urbanizing areas in a manner
  532  that will supply adequate and dependable supplies of water where
  533  needed without resulting in adverse effects upon the areas from
  534  which such water is withdrawn. Such efforts should use all
  535  practical means of obtaining water, including, but not limited
  536  to, withdrawals of surface water and ground water, reuse, and
  537  desalinization, and will necessitate not only cooperation but
  538  also well-coordinated activities. Municipalities, counties, and
  539  special districts are encouraged to create regional water supply
  540  authorities as authorized in s. 373.713 or multijurisdictional
  541  water supply entities.
  542         (d) Alternative water supply development must receive
  543  priority funding attention to increase the available supplies of
  544  water to meet all existing and future reasonable-beneficial uses
  545  and to benefit the natural systems.
  546         (e) Cooperation between counties, municipalities, regional
  547  water supply authorities, multijurisdictional water supply
  548  entities, special districts, and publicly owned and privately
  549  owned water utilities in the development of countywide and
  550  multicountywide alternative water supply projects will allow for
  551  necessary economies of scale and efficiencies to be achieved in
  552  order to accelerate the development of new, dependable, and
  553  sustainable alternative water supplies.
  554         (f) It is in the public interest that county, municipal,
  555  industrial, agricultural, and other public and private water
  556  users, the Department of Environmental Protection, and the water
  557  management districts cooperate and work together in the
  558  development of alternative water supplies to avoid the adverse
  559  effects of competition for limited supplies of water. Public
  560  moneys or services provided to private entities for alternative
  561  water supply development may constitute public purposes that
  562  also are in the public interest.
  563         (2)(a) Sufficient water must be available for all existing
  564  and future reasonable-beneficial uses and the natural systems,
  565  and the adverse effects of competition for water supplies must
  566  be avoided.
  567         (b) Water supply development and alternative water supply
  568  development must be conducted in coordination with water
  569  management district regional water supply planning.
  570         (c) Funding for the development of alternative water
  571  supplies shall be a shared responsibility of water suppliers and
  572  users, the State of Florida, and the water management districts,
  573  with water suppliers and users having the primary responsibility
  574  and the State of Florida and the water management districts
  575  being responsible for providing funding assistance.
  576         (3) The primary roles of the water management districts in
  577  water resource development as it relates to supporting
  578  alternative water supply development are:
  579         (a) The formulation and implementation of regional water
  580  resource management strategies that support alternative water
  581  supply development;
  582         (b) The collection and evaluation of surface water and
  583  groundwater data to be used for a planning level assessment of
  584  the feasibility of alternative water supply development
  585  projects;
  586         (c) The construction, operation, and maintenance of major
  587  public works facilities for flood control, surface and
  588  underground water storage, and groundwater recharge augmentation
  589  to support alternative water supply development;
  590         (d) Planning for alternative water supply development as
  591  provided in regional water supply plans in coordination with
  592  local governments, regional water supply authorities,
  593  multijurisdictional water supply entities, special districts,
  594  and publicly owned and privately owned water utilities and self
  595  suppliers;
  596         (e) The formulation and implementation of structural and
  597  nonstructural programs to protect and manage water resources in
  598  support of alternative water supply projects; and
  599         (f) The provision of technical and financial assistance to
  600  local governments and publicly owned and privately owned water
  601  utilities for alternative water supply projects.
  602         (4) The primary roles of local government, regional water
  603  supply authorities, multijurisdictional water supply entities,
  604  special districts, and publicly owned and privately owned water
  605  utilities in alternative water supply development shall be:
  606         (a) The planning, design, construction, operation, and
  607  maintenance of alternative water supply development projects;
  608         (b) The formulation and implementation of alternative water
  609  supply development strategies and programs;
  610         (c) The planning, design, construction, operation, and
  611  maintenance of facilities to collect, divert, produce, treat,
  612  transmit, and distribute water for sale, resale, or end use; and
  613         (d) The coordination of alternative water supply
  614  development activities with the appropriate water management
  615  district having jurisdiction over the activity.
  616         (5) Nothing in this section shall be construed to preclude
  617  the various special districts, municipalities, and counties from
  618  continuing to operate existing water production and transmission
  619  facilities or to enter into cooperative agreements with other
  620  special districts, municipalities, and counties for the purpose
  621  of meeting their respective needs for dependable and adequate
  622  supplies of water; however, the obtaining of water through such
  623  operations shall not be done in a manner that results in adverse
  624  effects upon the areas from which such water is withdrawn.
  625         (6)(a) The statewide funds provided pursuant to the Water
  626  Protection and Sustainability Program serve to supplement
  627  existing water management district or basin board funding for
  628  alternative water supply development assistance and should not
  629  result in a reduction of such funding. Therefore, the water
  630  management districts shall include in the annual tentative and
  631  adopted budget submittals required under this chapter the amount
  632  of funds allocated for water resource development that supports
  633  alternative water supply development and the funds allocated for
  634  alternative water supply projects selected for inclusion in the
  635  Water Protection and Sustainability Program. It shall be the
  636  goal of each water management district and basin boards that the
  637  combined funds allocated annually for these purposes be, at a
  638  minimum, the equivalent of 100 percent of the state funding
  639  provided to the water management district for alternative water
  640  supply development. If this goal is not achieved, the water
  641  management district shall provide in the budget submittal an
  642  explanation of the reasons or constraints that prevent this goal
  643  from being met, an explanation of how the goal will be met in
  644  future years, and affirmation of match is required during the
  645  budget review process as established under s. 373.536(5). The
  646  Suwannee River Water Management District and the Northwest
  647  Florida Water Management District shall not be required to meet
  648  the match requirements of this paragraph; however, they shall
  649  try to achieve the match requirement to the greatest extent
  650  practicable.
  651         (b) State funds from the Water Protection and
  652  Sustainability Program created in s. 403.890 shall be made
  653  available for financial assistance for the project construction
  654  costs of alternative water supply development projects selected
  655  by a water management district governing board for inclusion in
  656  the program.
  657         (7) The water management district shall implement its
  658  responsibilities as expeditiously as possible in areas subject
  659  to regional water supply plans. Each district’s governing board
  660  shall include in its annual budget the amount needed for the
  661  fiscal year to assist in implementing alternative water supply
  662  development projects.
  663         (8)(a) The water management districts and the state shall
  664  share a percentage of revenues with water providers and users,
  665  including local governments, water, wastewater, and reuse
  666  utilities, municipal, special district, industrial, and
  667  agricultural water users, and other public and private water
  668  users, to be used to supplement other funding sources in the
  669  development of alternative water supplies.
  670         (b) Beginning in the 2005-2006 fiscal year, the state shall
  671  annually provide a portion of those revenues deposited into the
  672  Water Protection and Sustainability Program Trust Fund for the
  673  purpose of providing funding assistance for the development of
  674  alternative water supplies pursuant to the Water Protection and
  675  Sustainability Program. At the beginning of each fiscal year,
  676  beginning with the 2005-2006 fiscal year, such revenues shall be
  677  distributed by the department into the alternative water supply
  678  trust fund accounts created by each district for the purpose of
  679  alternative water supply development under the following funding
  680  formula:
  681         1. Thirty percent to the South Florida Water Management
  682  District;
  683         2. Twenty-five percent to the Southwest Florida Water
  684  Management District;
  685         3. Twenty-five percent to the St. Johns River Water
  686  Management District;
  687         4. Ten percent to the Suwannee River Water Management
  688  District; and
  689         5. Ten percent to the Northwest Florida Water Management
  690  District.
  691         (c) The financial assistance for alternative water supply
  692  projects allocated in each district’s budget as required in
  693  subsection (6) shall be combined with the state funds and used
  694  to assist in funding the project construction costs of
  695  alternative water supply projects selected by the governing
  696  board. If the district has not completed any regional water
  697  supply plan, or the regional water supply plan does not identify
  698  the need for any alternative water supply projects, funds
  699  deposited in that district’s trust fund may be used for water
  700  resource development projects, including, but not limited to,
  701  springs protection.
  702         (d) All projects submitted to the governing board for
  703  consideration shall reflect the total capital cost for
  704  implementation. The costs shall be segregated pursuant to the
  705  categories described in the definition of capital costs.
  706         (e) Applicants for projects that may receive funding
  707  assistance pursuant to the Water Protection and Sustainability
  708  Program shall, at a minimum, be required to pay 60 percent of
  709  the project’s construction costs. The water management districts
  710  may, at their discretion, totally or partially waive this
  711  requirement for projects sponsored by financially disadvantaged
  712  small local governments as defined in former s. 403.885(5). The
  713  water management districts or basin boards may, at their
  714  discretion, use ad valorem or federal revenues to assist a
  715  project applicant in meeting the requirements of this paragraph.
  716         (f) The governing boards shall determine those projects
  717  that will be selected for financial assistance. The governing
  718  boards may establish factors to determine project funding;
  719  however, significant weight shall be given to the following
  720  factors:
  721         1. Whether the project provides substantial environmental
  722  benefits by preventing or limiting adverse water resource
  723  impacts.
  724         2. Whether the project reduces competition for water
  725  supplies.
  726         3. Whether the project brings about replacement of
  727  traditional sources in order to help implement a minimum flow or
  728  level or a reservation.
  729         4. Whether the project will be implemented by a consumptive
  730  use permittee that has achieved the targets contained in a goal
  731  based water conservation program approved pursuant to s.
  732  373.227.
  733         5. The quantity of water supplied by the project as
  734  compared to its cost.
  735         6. Projects in which the construction and delivery to end
  736  users of reuse water is a major component.
  737         7. Whether the project will be implemented by a
  738  multijurisdictional water supply entity or regional water supply
  739  authority.
  740         8. Whether the project implements reuse that assists in the
  741  elimination of domestic wastewater ocean outfalls as provided in
  742  s. 403.086(9).
  743         (g) Additional factors to be considered in determining
  744  project funding shall include:
  745         1. Whether the project is part of a plan to implement two
  746  or more alternative water supply projects, all of which will be
  747  operated to produce water at a uniform rate for the participants
  748  in a multijurisdictional water supply entity or regional water
  749  supply authority.
  750         2. The percentage of project costs to be funded by the
  751  water supplier or water user.
  752         3. Whether the project proposal includes sufficient
  753  preliminary planning and engineering to demonstrate that the
  754  project can reasonably be implemented within the timeframes
  755  provided in the regional water supply plan.
  756         4. Whether the project is a subsequent phase of an
  757  alternative water supply project that is underway.
  758         5. Whether and in what percentage a local government or
  759  local government utility is transferring water supply system
  760  revenues to the local government general fund in excess of
  761  reimbursements for services received from the general fund,
  762  including direct and indirect costs and legitimate payments in
  763  lieu of taxes.
  764         (h) After conducting one or more meetings to solicit public
  765  input on eligible projects, including input from those entities
  766  identified pursuant to s. 373.709(2)(a)3.d. for implementation
  767  of alternative water supply projects, the governing board of
  768  each water management district shall select projects for funding
  769  assistance based upon the criteria set forth in paragraphs (f)
  770  and (g). The governing board may select a project identified or
  771  listed as an alternative water supply development project in the
  772  regional water supply plan, or allocate up to 20 percent of the
  773  funding for alternative water supply projects that are not
  774  identified or listed in the regional water supply plan but are
  775  consistent with the goals of the plan.
  776         (i) Without diminishing amounts available through other
  777  means described in this paragraph, the governing boards are
  778  encouraged to consider establishing revolving loan funds to
  779  expand the total funds available to accomplish the objectives of
  780  this section. A revolving loan fund created under this paragraph
  781  must be a nonlapsing fund from which the water management
  782  district may make loans with interest rates below prevailing
  783  market rates to public or private entities for the purposes
  784  described in this section. The governing board may adopt
  785  resolutions to establish revolving loan funds which must specify
  786  the details of the administration of the fund, the procedures
  787  for applying for loans from the fund, the criteria for awarding
  788  loans from the fund, the initial capitalization of the fund, and
  789  the goals for future capitalization of the fund in subsequent
  790  budget years. Revolving loan funds created under this paragraph
  791  must be used to expand the total sums and sources of cooperative
  792  funding available for the development of alternative water
  793  supplies. The Legislature does not intend for the creation of
  794  revolving loan funds to supplant or otherwise reduce existing
  795  sources or amounts of funds currently available through other
  796  means.
  797         (j) For each utility that receives financial assistance
  798  from the state or a water management district for an alternative
  799  water supply project, the water management district shall
  800  require the appropriate rate-setting authority to develop rate
  801  structures for water customers in the service area of the funded
  802  utility that will:
  803         1. Promote the conservation of water; and
  804         2. Promote the use of water from alternative water
  805  supplies.
  806         (k) The governing boards shall establish a process for the
  807  disbursal of revenues pursuant to this subsection.
  808         (l) All revenues made available pursuant to this subsection
  809  must be encumbered annually by the governing board when it
  810  approves projects sufficient to expend the available revenues.
  811         (m) This subsection is not subject to the rulemaking
  812  requirements of chapter 120.
  813         (n) By March 1 of each year, as part of the consolidated
  814  annual report required by s. 373.036(7), each water management
  815  district shall submit a report on the disbursal of all budgeted
  816  amounts pursuant to this section. Such report shall describe all
  817  alternative water supply projects funded as well as the quantity
  818  of new water to be created as a result of such projects and
  819  shall account separately for any other moneys provided through
  820  grants, matching grants, revolving loans, and the use of
  821  district lands or facilities to implement regional water supply
  822  plans.
  823         (o) The Florida Public Service Commission shall allow
  824  entities under its jurisdiction constructing or participating in
  825  constructing facilities that provide alternative water supplies
  826  to recover their full, prudently incurred cost of constructing
  827  such facilities through their rate structure. If construction of
  828  a facility or participation in construction is pursuant to or in
  829  furtherance of a regional water supply plan, the cost shall be
  830  deemed to be prudently incurred. Every component of an
  831  alternative water supply facility constructed by an investor
  832  owned utility shall be recovered in current rates. Any state or
  833  water management district cost-share is not subject to the
  834  recovery provisions allowed in this paragraph.
  835         (9) Funding assistance provided by the water management
  836  districts for a water reuse system may include the following
  837  conditions for that project if a water management district
  838  determines that such conditions will encourage water use
  839  efficiency:
  840         (a) Metering of reclaimed water use for residential
  841  irrigation, agricultural irrigation, industrial uses, except for
  842  electric utilities as defined in s. 366.02(2), landscape
  843  irrigation, golf course irrigation, irrigation of other public
  844  access areas, commercial and institutional uses such as toilet
  845  flushing, and transfers to other reclaimed water utilities;
  846         (b) Implementation of reclaimed water rate structures based
  847  on actual use of reclaimed water for the reuse activities listed
  848  in paragraph (a);
  849         (c) Implementation of education programs to inform the
  850  public about water issues, water conservation, and the
  851  importance and proper use of reclaimed water; or
  852         (d) Development of location data for key reuse facilities.
  853         373.709 Regional water supply planning.—
  854         (1) The governing board of each water management district
  855  shall conduct water supply planning for any water supply
  856  planning region within the district identified in the
  857  appropriate district water supply plan under s. 373.036, where
  858  it determines that existing sources of water are not adequate to
  859  supply water for all existing and future reasonable-beneficial
  860  uses and to sustain the water resources and related natural
  861  systems for the planning period. The planning must be conducted
  862  in an open public process, in coordination and cooperation with
  863  local governments, regional water supply authorities,
  864  government-owned and privately owned water utilities,
  865  multijurisdictional water supply entities, self-suppliers, and
  866  other affected and interested parties. The districts shall
  867  actively engage in public education and outreach to all affected
  868  local entities and their officials, as well as members of the
  869  public, in the planning process and in seeking input. During
  870  preparation, but prior to completion of the regional water
  871  supply plan, the district must conduct at least one public
  872  workshop to discuss the technical data and modeling tools
  873  anticipated to be used to support the regional water supply
  874  plan. The district shall also hold several public meetings to
  875  communicate the status, overall conceptual intent, and impacts
  876  of the plan on existing and future reasonable-beneficial uses
  877  and related natural systems. During the planning process, a
  878  local government may choose to prepare its own water supply
  879  assessment to determine if existing water sources are adequate
  880  to meet existing and projected reasonable-beneficial needs of
  881  the local government while sustaining water resources and
  882  related natural systems. The local government shall submit such
  883  assessment, including the data and methodology used, to the
  884  district. The district shall consider the local government’s
  885  assessment during the formation of the plan. A determination by
  886  the governing board that initiation of a regional water supply
  887  plan for a specific planning region is not needed pursuant to
  888  this section shall be subject to s. 120.569. The governing board
  889  shall reevaluate such a determination at least once every 5
  890  years and shall initiate a regional water supply plan, if
  891  needed, pursuant to this subsection.
  892         (2) Each regional water supply plan shall be based on at
  893  least a 20-year planning period and shall include, but need not
  894  be limited to:
  895         (a) A water supply development component for each water
  896  supply planning region identified by the district which
  897  includes:
  898         1. A quantification of the water supply needs for all
  899  existing and future reasonable-beneficial uses within the
  900  planning horizon. The level-of-certainty planning goal
  901  associated with identifying the water supply needs of existing
  902  and future reasonable-beneficial uses shall be based upon
  903  meeting those needs for a 1-in-10-year drought event. Population
  904  projections used for determining public water supply needs must
  905  be based upon the best available data. In determining the best
  906  available data, the district shall consider the University of
  907  Florida’s Bureau of Economic and Business Research (BEBR) medium
  908  population projections and any population projection data and
  909  analysis submitted by a local government pursuant to the public
  910  workshop described in subsection (1) if the data and analysis
  911  support the local government’s comprehensive plan. Any
  912  adjustment of or deviation from the BEBR projections must be
  913  fully described, and the original BEBR data must be presented
  914  along with the adjusted data.
  915         2. A list of water supply development project options,
  916  including traditional and alternative water supply project
  917  options, from which local government, government-owned and
  918  privately owned utilities, regional water supply authorities,
  919  multijurisdictional water supply entities, self-suppliers, and
  920  others may choose for water supply development. In addition to
  921  projects listed by the district, such users may propose specific
  922  projects for inclusion in the list of alternative water supply
  923  projects. If such users propose a project to be listed as an
  924  alternative water supply project, the district shall determine
  925  whether it meets the goals of the plan, and, if so, it shall be
  926  included in the list. The total capacity of the projects
  927  included in the plan shall exceed the needs identified in
  928  subparagraph 1. and shall take into account water conservation
  929  and other demand management measures, as well as water resources
  930  constraints, including adopted minimum flows and levels and
  931  water reservations. Where the district determines it is
  932  appropriate, the plan should specifically identify the need for
  933  multijurisdictional approaches to project options that, based on
  934  planning level analysis, are appropriate to supply the intended
  935  uses and that, based on such analysis, appear to be permittable
  936  and financially and technically feasible. The list of water
  937  supply development options must contain provisions that
  938  recognize that alternative water supply options for agricultural
  939  self-suppliers are limited.
  940         3. For each project option identified in subparagraph 2.,
  941  the following shall be provided:
  942         a. An estimate of the amount of water to become available
  943  through the project.
  944         b. The timeframe in which the project option should be
  945  implemented and the estimated planning-level costs for capital
  946  investment and operating and maintaining the project.
  947         c. An analysis of funding needs and sources of possible
  948  funding options. For alternative water supply projects the water
  949  management districts shall provide funding assistance in
  950  accordance with s. 373.707(8).
  951         d. Identification of the entity that should implement each
  952  project option and the current status of project implementation.
  953         (b) A water resource development component that includes:
  954         1. A listing of those water resource development projects
  955  that support water supply development.
  956         2. For each water resource development project listed:
  957         a. An estimate of the amount of water to become available
  958  through the project.
  959         b. The timeframe in which the project option should be
  960  implemented and the estimated planning-level costs for capital
  961  investment and for operating and maintaining the project.
  962         c. An analysis of funding needs and sources of possible
  963  funding options.
  964         d. Identification of the entity that should implement each
  965  project option and the current status of project implementation.
  966         (c) The recovery and prevention strategy described in s.
  967  373.0421(2).
  968         (d) A funding strategy for water resource development
  969  projects, which shall be reasonable and sufficient to pay the
  970  cost of constructing or implementing all of the listed projects.
  971         (e) Consideration of how the project options addressed in
  972  paragraph (a) serve the public interest or save costs overall by
  973  preventing the loss of natural resources or avoiding greater
  974  future expenditures for water resource development or water
  975  supply development. However, unless adopted by rule, these
  976  considerations do not constitute final agency action.
  977         (f) The technical data and information applicable to each
  978  planning region which are necessary to support the regional
  979  water supply plan.
  980         (g) The minimum flows and levels established for water
  981  resources within each planning region.
  982         (h) Reservations of water adopted by rule pursuant to s.
  983  373.223(4) within each planning region.
  984         (i) Identification of surface waters or aquifers for which
  985  minimum flows and levels are scheduled to be adopted.
  986         (j) An analysis, developed in cooperation with the
  987  department, of areas or instances in which the variance
  988  provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to
  989  create water supply development or water resource development
  990  projects.
  991         (3) The water supply development component of a regional
  992  water supply plan which deals with or affects public utilities
  993  and public water supply for those areas served by a regional
  994  water supply authority and its member governments within the
  995  boundary of the Southwest Florida Water Management District
  996  shall be developed jointly by the authority and the district. In
  997  areas not served by regional water supply authorities, or other
  998  multijurisdictional water supply entities, and where
  999  opportunities exist to meet water supply needs more efficiently
 1000  through multijurisdictional projects identified pursuant to
 1001  paragraph (2)(a), water management districts are directed to
 1002  assist in developing multijurisdictional approaches to water
 1003  supply project development jointly with affected water
 1004  utilities, special districts, and local governments.
 1005         (4) The South Florida Water Management District shall
 1006  include in its regional water supply plan water resource and
 1007  water supply development projects that promote the elimination
 1008  of wastewater ocean outfalls as provided in s. 403.086(9).
 1009         (5) Governing board approval of a regional water supply
 1010  plan shall not be subject to the rulemaking requirements of
 1011  chapter 120. However, any portion of an approved regional water
 1012  supply plan which affects the substantial interests of a party
 1013  shall be subject to s. 120.569.
 1014         (6) Annually and in conjunction with the reporting
 1015  requirements of s. 373.536(6)(a)4., the department shall submit
 1016  to the Governor and the Legislature a report on the status of
 1017  regional water supply planning in each district. The report
 1018  shall include:
 1019         (a) A compilation of the estimated costs of and potential
 1020  sources of funding for water resource development and water
 1021  supply development projects as identified in the water
 1022  management district regional water supply plans.
 1023         (b) The percentage and amount, by district, of district ad
 1024  valorem tax revenues or other district funds made available to
 1025  develop alternative water supplies.
 1026         (c) A description of each district’s progress toward
 1027  achieving its water resource development objectives, including
 1028  the district’s implementation of its 5-year water resource
 1029  development work program.
 1030         (d) An assessment of the specific progress being made to
 1031  implement each alternative water supply project option chosen by
 1032  the entities and identified for implementation in the plan.
 1033         (e) An overall assessment of the progress being made to
 1034  develop water supply in each district, including, but not
 1035  limited to, an explanation of how each project, either
 1036  alternative or traditional, will produce, contribute to, or
 1037  account for additional water being made available for
 1038  consumptive uses, an estimate of the quantity of water to be
 1039  produced by each project, and an assessment of the contribution
 1040  of the district’s regional water supply plan in providing
 1041  sufficient water to meet the needs of existing and future
 1042  reasonable-beneficial uses for a 1-in-10 year drought event, as
 1043  well as the needs of the natural systems.
 1044         (7) Nothing contained in the water supply development
 1045  component of a regional water supply plan shall be construed to
 1046  require local governments, government-owned or privately owned
 1047  water utilities, special districts, self-suppliers, regional
 1048  water supply authorities, multijurisdictional water supply
 1049  entities, or other water suppliers to select a water supply
 1050  development project identified in the component merely because
 1051  it is identified in the plan. Except as provided in s.
 1052  373.223(3) and (5), the plan may not be used in the review of
 1053  permits under part II of this chapter unless the plan or an
 1054  applicable portion thereof has been adopted by rule. However,
 1055  this subsection does not prohibit a water management district
 1056  from employing the data or other information used to establish
 1057  the plan in reviewing permits under part II, nor does it limit
 1058  the authority of the department or governing board under part
 1059  II.
 1060         (8) Where the water supply component of a water supply
 1061  planning region shows the need for one or more alternative water
 1062  supply projects, the district shall notify the affected local
 1063  governments and make every reasonable effort to educate and
 1064  involve local public officials in working toward solutions in
 1065  conjunction with the districts and, where appropriate, other
 1066  local and regional water supply entities.
 1067         (a) Within 6 months following approval or amendment of its
 1068  regional water supply plan, each water management district shall
 1069  notify by certified mail each entity identified in sub
 1070  subparagraph (2)(a)3.d. of that portion of the plan relevant to
 1071  the entity. Upon request of such an entity, the water management
 1072  district shall appear before and present its findings and
 1073  recommendations to the entity.
 1074         (b) Within 1 year after the notification by a water
 1075  management district pursuant to paragraph (a), each entity
 1076  identified in sub-subparagraph (2)(a)3.d. shall provide to the
 1077  water management district written notification of the following:
 1078  the alternative water supply projects or options identified in
 1079  paragraph (2)(a) which it has developed or intends to develop,
 1080  if any; an estimate of the quantity of water to be produced by
 1081  each project; and the status of project implementation,
 1082  including development of the financial plan, facilities master
 1083  planning, permitting, and efforts in coordinating
 1084  multijurisdictional projects, if applicable. The information
 1085  provided in the notification shall be updated annually, and a
 1086  progress report shall be provided by November 15 of each year to
 1087  the water management district. If an entity does not intend to
 1088  develop one or more of the alternative water supply project
 1089  options identified in the regional water supply plan, the entity
 1090  shall propose, within 1 year after notification by a water
 1091  management district pursuant to paragraph (a), another
 1092  alternative water supply project option sufficient to address
 1093  the needs identified in paragraph (2)(a) within the entity’s
 1094  jurisdiction and shall provide an estimate of the quantity of
 1095  water to be produced by the project and the status of project
 1096  implementation as described in this paragraph. The entity may
 1097  request that the water management district consider the other
 1098  project for inclusion in the regional water supply plan.
 1099         (9) For any regional water supply plan that is scheduled to
 1100  be updated before December 31, 2005, the deadline for such
 1101  update shall be extended by 1 year.
 1102         373.711 Technical assistance to local governments.—
 1103         (1) The water management districts shall assist local
 1104  governments in the development and future revision of local
 1105  government comprehensive plan elements or public facilities
 1106  report as required by s. 189.415, related to water resource
 1107  issues.
 1108         (2) By July 1, 1991, each water management district shall
 1109  prepare and provide information and data to assist local
 1110  governments in the preparation and implementation of their local
 1111  government comprehensive plans or public facilities report as
 1112  required by s. 189.415, whichever is applicable. Such
 1113  information and data shall include, but not be limited to:
 1114         (a) All information and data required in a public
 1115  facilities report pursuant to s. 189.415.
 1116         (b) A description of regulations, programs, and schedules
 1117  implemented by the district.
 1118         (c) Identification of regulations, programs, and schedules
 1119  undertaken or proposed by the district to further the State
 1120  Comprehensive Plan.
 1121         (d) A description of surface water basins, including
 1122  regulatory jurisdictions, flood-prone areas, existing and
 1123  projected water quality in water management district operated
 1124  facilities, as well as surface water runoff characteristics and
 1125  topography regarding flood plains, wetlands, and recharge areas.
 1126         (e) A description of groundwater characteristics, including
 1127  existing and planned wellfield sites, existing and anticipated
 1128  cones of influence, highly productive groundwater areas, aquifer
 1129  recharge areas, deep well injection zones, contaminated areas,
 1130  an assessment of regional water resource needs and sources for
 1131  the next 20 years, and water quality.
 1132         (f) The identification of existing and potential water
 1133  management district land acquisitions.
 1134         (g) Information reflecting the minimum flows for surface
 1135  watercourses to avoid harm to water resources or the ecosystem
 1136  and information reflecting the minimum water levels for aquifers
 1137  to avoid harm to water resources or the ecosystem.
 1138         373.713 Regional water supply authorities.—
 1139         (1) By interlocal agreement between counties,
 1140  municipalities, or special districts, as applicable, pursuant to
 1141  the Florida Interlocal Cooperation Act of 1969, s. 163.01, and
 1142  upon the approval of the Secretary of Environmental Protection
 1143  to ensure that such agreement will be in the public interest and
 1144  complies with the intent and purposes of this act, regional
 1145  water supply authorities may be created for the purpose of
 1146  developing, recovering, storing, and supplying water for county
 1147  or municipal purposes in such a manner as will give priority to
 1148  reducing adverse environmental effects of excessive or improper
 1149  withdrawals of water from concentrated areas. In approving said
 1150  agreement the Secretary of Environmental Protection shall
 1151  consider, but not be limited to, the following:
 1152         (a) Whether the geographic territory of the proposed
 1153  authority is of sufficient size and character to reduce the
 1154  environmental effects of improper or excessive withdrawals of
 1155  water from concentrated areas.
 1156         (b) The maximization of economic development of the water
 1157  resources within the territory of the proposed authority.
 1158         (c) The availability of a dependable and adequate water
 1159  supply.
 1160         (d) The ability of any proposed authority to design,
 1161  construct, operate, and maintain water supply facilities in the
 1162  locations, and at the times necessary, to ensure that an
 1163  adequate water supply will be available to all citizens within
 1164  the authority.
 1165         (e) The effect or impact of any proposed authority on any
 1166  municipality, county, or existing authority or authorities.
 1167         (f) The existing needs of the water users within the area
 1168  of the authority.
 1169         (2) In addition to other powers and duties agreed upon, and
 1170  notwithstanding the provisions of s. 163.01, such authority may:
 1171         (a) Upon approval of the electors residing in each county
 1172  or municipality within the territory to be included in any
 1173  authority, levy ad valorem taxes, not to exceed 0.5 mill,
 1174  pursuant to s. 9(b), Art. VII of the State Constitution. No tax
 1175  authorized by this paragraph shall be levied in any county or
 1176  municipality without an affirmative vote of the electors
 1177  residing in such county or municipality.
 1178         (b) Acquire water and water rights; develop, store, and
 1179  transport water; provide, sell, and deliver water for county or
 1180  municipal uses and purposes; and provide for the furnishing of
 1181  such water and water service upon terms and conditions and at
 1182  rates which will apportion to parties and nonparties an
 1183  equitable share of the capital cost and operating expense of the
 1184  authority’s work to the purchaser.
 1185         (c) Collect, treat, and recover wastewater.
 1186         (d) Not engage in local distribution.
 1187         (e) Exercise the power of eminent domain in the manner
 1188  provided by law for the condemnation of private property for
 1189  public use to acquire title to such interest in real property as
 1190  is necessary to the exercise of the powers herein granted,
 1191  except water and water rights already devoted to reasonable and
 1192  beneficial use or any water production or transmission
 1193  facilities owned by any county or municipality.
 1194         (f) Issue revenue bonds in the manner prescribed by the
 1195  Revenue Bond Act of 1953, as amended, part I, chapter 159, to be
 1196  payable solely from funds derived from the sale of water by the
 1197  authority to any county or municipality. Such bonds may be
 1198  additionally secured by the full faith and credit of any county
 1199  or municipality, as provided by s. 159.16 or by a pledge of
 1200  excise taxes, as provided by s. 159.19. For the purpose of
 1201  issuing revenue bonds, an authority shall be considered a “unit”
 1202  as defined in s. 159.02(2) and as that term is used in the
 1203  Revenue Bond Act of 1953, as amended. Such bonds may be issued
 1204  to finance the cost of acquiring properties and facilities for
 1205  the production and transmission of water by the authority to any
 1206  county or municipality, which cost shall include the acquisition
 1207  of real property and easements therein for such purposes. Such
 1208  bonds may be in the form of refunding bonds to take up any
 1209  outstanding bonds of the authority or of any county or
 1210  municipality where such outstanding bonds are secured by
 1211  properties and facilities for production and transmission of
 1212  water, which properties and facilities are being acquired by the
 1213  authority. Refunding bonds may be issued to take up and refund
 1214  all outstanding bonds of said authority that are subject to call
 1215  and termination, and all bonds of said authority that are not
 1216  subject to call or redemption, when the surrender of said bonds
 1217  can be procured from the holder thereof at prices satisfactory
 1218  to the authority. Such refunding bonds may be issued at any time
 1219  when, in the judgment of the authority, it will be to the best
 1220  interest of the authority financially or economically by
 1221  securing a lower rate of interest on said bonds or by extending
 1222  the time of maturity of said bonds or, for any other reason, in
 1223  the judgment of the authority, advantageous to said authority.
 1224         (g) Sue and be sued in its own name.
 1225         (h) Borrow money and incur indebtedness and issue bonds or
 1226  other evidence of such indebtedness.
 1227         (i) Join with one or more other public corporations for the
 1228  purpose of carrying out any of its powers and for that purpose
 1229  to contract with such other public corporation or corporations
 1230  for the purpose of financing such acquisitions, construction,
 1231  and operations. Such contracts may provide for contributions to
 1232  be made by each party thereto, for the division and
 1233  apportionment of the expenses of such acquisitions and
 1234  operations, and for the division and apportionment of the
 1235  benefits, services, and products therefrom. Such contract may
 1236  contain such other and further covenants and agreements as may
 1237  be necessary and convenient to accomplish the purposes hereof.
 1238         (3) A regional water supply authority is authorized to
 1239  develop, construct, operate, maintain, or contract for
 1240  alternative sources of potable water, including desalinated
 1241  water, and pipelines to interconnect authority sources and
 1242  facilities, either by itself or jointly with a water management
 1243  district; however, such alternative potable water sources,
 1244  facilities, and pipelines may also be privately developed,
 1245  constructed, owned, operated, and maintained, in which event an
 1246  authority and a water management district are authorized to
 1247  pledge and contribute their funds to reduce the wholesale cost
 1248  of water from such alternative sources of potable water supplied
 1249  by an authority to its member governments.
 1250         (4) When it is found to be in the public interest, for the
 1251  public convenience and welfare, for a public benefit, and
 1252  necessary for carrying out the purpose of any regional water
 1253  supply authority, any state agency, county, water control
 1254  district existing pursuant to chapter 298, water management
 1255  district existing pursuant to this chapter, municipality,
 1256  governmental agency, or public corporation in this state holding
 1257  title to any interest in land is hereby authorized, in its
 1258  discretion, to convey the title to or dedicate land, title to
 1259  which is in such entity, including tax-reverted land, or to
 1260  grant use-rights therein, to any regional water supply authority
 1261  created pursuant to this section. Land granted or conveyed to
 1262  such authority shall be for the public purposes of such
 1263  authority and may be made subject to the condition that in the
 1264  event said land is not so used, or if used and subsequently its
 1265  use for said purpose is abandoned, the interest granted shall
 1266  cease as to such authority and shall automatically revert to the
 1267  granting entity.
 1268         (5) Each county, special district, or municipality that is
 1269  a party to an agreement pursuant to subsection (1) shall have a
 1270  preferential right to purchase water from the regional water
 1271  supply authority for use by such county, special district, or
 1272  municipality.
 1273         (6) In carrying out the provisions of this section, any
 1274  county wherein water is withdrawn by the authority shall not be
 1275  deprived, directly or indirectly, of the prior right to the
 1276  reasonable and beneficial use of water which is required
 1277  adequately to supply the reasonable and beneficial needs of the
 1278  county or any of the inhabitants or property owners therein.
 1279         (7) Upon a resolution adopted by the governing body of any
 1280  county or municipality, the authority may, subject to a majority
 1281  vote of its voting members, include such county or municipality
 1282  in its regional water supply authority upon such terms and
 1283  conditions as may be prescribed.
 1284         (8) The authority shall design, construct, operate, and
 1285  maintain facilities in the locations and at the times necessary
 1286  to ensure that an adequate water supply will be available to all
 1287  citizens within the authority.
 1288         (9) Where a water supply authority exists pursuant to this
 1289  section or s. 373.715 under a voluntary interlocal agreement
 1290  that is consistent with requirements in s. 373.715(1)(b) and
 1291  receives or maintains consumptive use permits under this
 1292  voluntary agreement consistent with the water supply plan, if
 1293  any, adopted by the governing board, such authority shall be
 1294  exempt from consideration by the governing board or department
 1295  of the factors specified in s. 373.223(3)(a)-(g) and the
 1296  submissions required by s. 373.229(3). Such exemptions shall
 1297  apply only to water sources within the jurisdictional areas of
 1298  such voluntary water supply interlocal agreements.
 1299         373.715 Assistance to West Coast Regional Water Supply
 1300  Authority.—
 1301         (1) It is the intent of the Legislature to authorize the
 1302  implementation of changes in governance recommended by the West
 1303  Coast Regional Water Supply Authority in its reports to the
 1304  Legislature dated February 1, 1997, and January 5, 1998. The
 1305  authority and its member governments may reconstitute the
 1306  authority’s governance and rename the authority under a
 1307  voluntary interlocal agreement with a term of not less than 20
 1308  years. The interlocal agreement must comply with this subsection
 1309  as follows:
 1310         (a) The authority and its member governments agree that
 1311  cooperative efforts are mandatory to meet their water needs in a
 1312  manner that will provide adequate and dependable supplies of
 1313  water where needed without resulting in adverse environmental
 1314  effects upon the areas from which the water is withdrawn or
 1315  otherwise produced.
 1316         (b) In accordance with s. 4, Art. VIII of the State
 1317  Constitution and notwithstanding s. 163.01, the interlocal
 1318  agreement may include the following terms, which are considered
 1319  approved by the parties without a vote of their electors, upon
 1320  execution of the interlocal agreement by all member governments
 1321  and upon satisfaction of all conditions precedent in the
 1322  interlocal agreement:
 1323         1. All member governments shall relinquish to the authority
 1324  their individual rights to develop potable water supply sources,
 1325  except as otherwise provided in the interlocal agreement;
 1326         2. The authority shall be the sole and exclusive wholesale
 1327  potable water supplier for all member governments; and
 1328         3. The authority shall have the absolute and unequivocal
 1329  obligation to meet the wholesale needs of the member governments
 1330  for potable water.
 1331         4. A member government may not restrict or prohibit the use
 1332  of land within a member’s jurisdictional boundaries by the
 1333  authority for water supply purposes through use of zoning, land
 1334  use, comprehensive planning, or other form of regulation.
 1335         5. A member government may not impose any tax, fee, or
 1336  charge upon the authority in conjunction with the production or
 1337  supply of water not otherwise provided for in the interlocal
 1338  agreement.
 1339         6. The authority may use the powers provided in part II of
 1340  chapter 159 for financing and refinancing water treatment,
 1341  production, or transmission facilities, including, but not
 1342  limited to, desalinization facilities. All such water treatment,
 1343  production, or transmission facilities are considered a
 1344  “manufacturing plant” for purposes of s. 159.27(5) and serve a
 1345  paramount public purpose by providing water to citizens of the
 1346  state.
 1347         7. A member government and any governmental or quasi
 1348  judicial board or commission established by local ordinance or
 1349  general or special law where the governing membership of such
 1350  board or commission is shared, in whole or in part, or appointed
 1351  by a member government agreeing to be bound by the interlocal
 1352  agreement shall be limited to the procedures set forth therein
 1353  regarding actions that directly or indirectly restrict or
 1354  prohibit the use of lands or other activities related to the
 1355  production or supply of water.
 1356         (c) The authority shall acquire full or lesser interests in
 1357  all regionally significant member government wholesale water
 1358  supply facilities and tangible assets and each member government
 1359  shall convey such interests in the facilities and assets to the
 1360  authority, at an agreed value.
 1361         (d) The authority shall charge a uniform per gallon
 1362  wholesale rate to member governments for the wholesale supply of
 1363  potable water. All capital, operation, maintenance, and
 1364  administrative costs for existing facilities and acquired
 1365  facilities, authority master water plan facilities, and other
 1366  future projects must be allocated to member governments based on
 1367  water usage at the uniform per gallon wholesale rate.
 1368         (e) The interlocal agreement may include procedures for
 1369  resolving the parties’ differences regarding water management
 1370  district proposed agency action in the water use permitting
 1371  process within the authority. Such procedures should minimize
 1372  the potential for litigation and include alternative dispute
 1373  resolution. Any governmental or quasi-judicial board or
 1374  commission established by local ordinance or general or special
 1375  law where the governing members of such board or commission is
 1376  shared, in whole or in part, or appointed by a member
 1377  government, may agree to be bound by the dispute resolution
 1378  procedures set forth in the interlocal agreement.
 1379         (f) Upon execution of the voluntary interlocal agreement
 1380  provided for herein, the authority shall jointly develop with
 1381  the Southwest Florida Water Management District alternative
 1382  sources of potable water and transmission pipelines to
 1383  interconnect regionally significant water supply sources and
 1384  facilities of the authority in amounts sufficient to meet the
 1385  needs of all member governments for a period of at least 20
 1386  years and for natural systems. Nothing herein, however, shall
 1387  preclude the authority and its member governments from
 1388  developing traditional water sources pursuant to the voluntary
 1389  interlocal agreement. Development and construction costs for
 1390  alternative source facilities, which may include a desalination
 1391  facility and significant regional interconnects, must be borne
 1392  as mutually agreed to by both the authority and the Southwest
 1393  Florida Water Management District. Nothing herein shall preclude
 1394  authority or district cost sharing with private entities for the
 1395  construction or ownership of alternative source facilities. By
 1396  December 31, 1997, the authority and the Southwest Florida Water
 1397  Management District shall enter into a mutually acceptable
 1398  agreement detailing the development and implementation of
 1399  directives contained in this paragraph. Nothing in this section
 1400  shall be construed to modify the rights or responsibilities of
 1401  the authority or its member governments, except as otherwise
 1402  provided herein, or of the Southwest Florida Water Management
 1403  District or the department pursuant to this chapter or chapter
 1404  403 and as otherwise set forth by statutes.
 1405         (g) Unless otherwise provided in the interlocal agreement,
 1406  the authority shall be governed by a board of commissioners
 1407  consisting of nine voting members, all of whom must be elected
 1408  officers, as follows:
 1409         1. Three members from Hillsborough County who must be
 1410  selected by the county commission; provided, however, that one
 1411  member shall be selected by the Mayor of Tampa in the event that
 1412  the City of Tampa elects to be a member of the authority;
 1413         2. Three members from Pasco County, two of whom must be
 1414  selected by the county commission and one of whom must be
 1415  selected by the City Council of New Port Richey; and
 1416         3. Three members from Pinellas County, two of whom must be
 1417  selected by the county commission and one of whom must be
 1418  selected by the City Council of St. Petersburg.
 1419  
 1420  Except as otherwise provided in this section or in the voluntary
 1421  interlocal agreement between the member governments, a majority
 1422  vote shall bind the authority and its member governments in all
 1423  matters relating to the funding of wholesale water supply,
 1424  production, delivery, and related activities.
 1425         (2) The provisions of this section supersede any
 1426  conflicting provisions contained in all other general or special
 1427  laws or provisions thereof as they may apply directly or
 1428  indirectly to the exclusivity of water supply or withdrawal of
 1429  water, including provisions relating to the environmental
 1430  effects, if any, in conjunction with the production and supply
 1431  of potable water, and the provisions of this section are
 1432  intended to be a complete revision of all laws related to a
 1433  regional water supply authority created under s. 373.713 and
 1434  this section.
 1435         (3) In lieu of the provisions in s. 373.713(2)(a), the
 1436  Southwest Florida Water Management District shall assist the
 1437  West Coast Regional Water Supply Authority for a period of 5
 1438  years, terminating December 31, 1981, by levying an ad valorem
 1439  tax, upon request of the authority, of not more than 0.05 mill
 1440  on all taxable property within the limits of the authority.
 1441  During such period the corresponding basin board ad valorem tax
 1442  levies shall be reduced accordingly.
 1443         (4) The authority shall prepare its annual budget in the
 1444  same manner as prescribed for the preparation of basin budgets,
 1445  but such authority budget shall not be subject to review by the
 1446  respective basin boards or by the governing board of the
 1447  district.
 1448         (5) The annual millage for the authority shall be the
 1449  amount required to raise the amount called for by the annual
 1450  budget when applied to the total assessment on all taxable
 1451  property within the limits of the authority, as determined for
 1452  county taxing purposes.
 1453         (6) The authority may, by resolution, request the governing
 1454  board of the district to levy ad valorem taxes within the
 1455  boundaries of the authority. Upon receipt of such request,
 1456  together with formal certification of the adoption of its annual
 1457  budget and of the required tax levy, the authority tax levy
 1458  shall be made by the governing board of the district to finance
 1459  authority functions.
 1460         (7) The taxes provided for in this section shall be
 1461  extended by the property appraiser on the county tax roll in
 1462  each county within, or partly within, the authority boundaries
 1463  and shall be collected by the tax collector in the same manner
 1464  and time as county taxes, and the proceeds therefrom paid to the
 1465  district which shall forthwith pay them over to the authority.
 1466  Until paid, such taxes shall be a lien on the property against
 1467  which assessed and enforceable in like manner as county taxes.
 1468  The property appraisers, tax collectors, and clerks of the
 1469  circuit court of the respective counties shall be entitled to
 1470  compensation for services performed in connection with such
 1471  taxes at the same rates as apply to county taxes.
 1472         (8) The governing board of the district shall not be
 1473  responsible for any actions or lack of actions by the authority.
 1474         Section 2. Subsection (13) of section 120.52, Florida
 1475  Statutes, is amended to read:
 1476         120.52 Definitions.—As used in this act:
 1477         (13) “Party” means:
 1478         (a) Specifically named persons whose substantial interests
 1479  are being determined in the proceeding.
 1480         (b) Any other person who, as a matter of constitutional
 1481  right, provision of statute, or provision of agency regulation,
 1482  is entitled to participate in whole or in part in the
 1483  proceeding, or whose substantial interests will be affected by
 1484  proposed agency action, and who makes an appearance as a party.
 1485         (c) Any other person, including an agency staff member,
 1486  allowed by the agency to intervene or participate in the
 1487  proceeding as a party. An agency may by rule authorize limited
 1488  forms of participation in agency proceedings for persons who are
 1489  not eligible to become parties.
 1490         (d) Any county representative, agency, department, or unit
 1491  funded and authorized by state statute or county ordinance to
 1492  represent the interests of the consumers of a county, when the
 1493  proceeding involves the substantial interests of a significant
 1494  number of residents of the county and the board of county
 1495  commissioners has, by resolution, authorized the representative,
 1496  agency, department, or unit to represent the class of interested
 1497  persons. The authorizing resolution shall apply to a specific
 1498  proceeding and to appeals and ancillary proceedings thereto, and
 1499  it shall not be required to state the names of the persons whose
 1500  interests are to be represented.
 1501  
 1502  The term “party” does not include a member government of a
 1503  regional water supply authority or a governmental or quasi
 1504  judicial board or commission established by local ordinance or
 1505  special or general law where the governing membership of such
 1506  board or commission is shared with, in whole or in part, or
 1507  appointed by a member government of a regional water supply
 1508  authority in proceedings under s. 120.569, s. 120.57, or s.
 1509  120.68, to the extent that an interlocal agreement under ss.
 1510  163.01 and 373.713 373.1962 exists in which the member
 1511  government has agreed that its substantial interests are not
 1512  affected by the proceedings or that it is to be bound by
 1513  alternative dispute resolution in lieu of participating in the
 1514  proceedings. This exclusion applies only to those particular
 1515  types of disputes or controversies, if any, identified in an
 1516  interlocal agreement.
 1517         Section 3. Subsection (13) of section 163.3167, Florida
 1518  Statutes, is amended to read:
 1519         163.3167 Scope of act.—
 1520         (13) Each local government shall address in its
 1521  comprehensive plan, as enumerated in this chapter, the water
 1522  supply sources necessary to meet and achieve the existing and
 1523  projected water use demand for the established planning period,
 1524  considering the applicable plan developed pursuant to s. 373.709
 1525  373.0361.
 1526         Section 4. Paragraph (a) of subsection (4) and paragraphs
 1527  (c), (d), and (h) of subsection (6) of section 163.3177, Florida
 1528  Statutes, are amended to read:
 1529         163.3177 Required and optional elements of comprehensive
 1530  plan; studies and surveys.—
 1531         (4)(a) Coordination of the local comprehensive plan with
 1532  the comprehensive plans of adjacent municipalities, the county,
 1533  adjacent counties, or the region; with the appropriate water
 1534  management district’s regional water supply plans approved
 1535  pursuant to s. 373.709 373.0361; with adopted rules pertaining
 1536  to designated areas of critical state concern; and with the
 1537  state comprehensive plan shall be a major objective of the local
 1538  comprehensive planning process. To that end, in the preparation
 1539  of a comprehensive plan or element thereof, and in the
 1540  comprehensive plan or element as adopted, the governing body
 1541  shall include a specific policy statement indicating the
 1542  relationship of the proposed development of the area to the
 1543  comprehensive plans of adjacent municipalities, the county,
 1544  adjacent counties, or the region and to the state comprehensive
 1545  plan, as the case may require and as such adopted plans or plans
 1546  in preparation may exist.
 1547         (6) In addition to the requirements of subsections (1)-(5)
 1548  and (12), the comprehensive plan shall include the following
 1549  elements:
 1550         (c) A general sanitary sewer, solid waste, drainage,
 1551  potable water, and natural groundwater aquifer recharge element
 1552  correlated to principles and guidelines for future land use,
 1553  indicating ways to provide for future potable water, drainage,
 1554  sanitary sewer, solid waste, and aquifer recharge protection
 1555  requirements for the area. The element may be a detailed
 1556  engineering plan including a topographic map depicting areas of
 1557  prime groundwater recharge. The element shall describe the
 1558  problems and needs and the general facilities that will be
 1559  required for solution of the problems and needs. The element
 1560  shall also include a topographic map depicting any areas adopted
 1561  by a regional water management district as prime groundwater
 1562  recharge areas for the Floridan or Biscayne aquifers. These
 1563  areas shall be given special consideration when the local
 1564  government is engaged in zoning or considering future land use
 1565  for said designated areas. For areas served by septic tanks,
 1566  soil surveys shall be provided which indicate the suitability of
 1567  soils for septic tanks. Within 18 months after the governing
 1568  board approves an updated regional water supply plan, the
 1569  element must incorporate the alternative water supply project or
 1570  projects selected by the local government from those identified
 1571  in the regional water supply plan pursuant to s. 373.709(2)(a)
 1572  373.0361(2)(a) or proposed by the local government under s.
 1573  373.709(8)(b) 373.0361(8)(b). If a local government is located
 1574  within two water management districts, the local government
 1575  shall adopt its comprehensive plan amendment within 18 months
 1576  after the later updated regional water supply plan. The element
 1577  must identify such alternative water supply projects and
 1578  traditional water supply projects and conservation and reuse
 1579  necessary to meet the water needs identified in s. 373.709(2)(a)
 1580  373.0361(2)(a) within the local government’s jurisdiction and
 1581  include a work plan, covering at least a 10 year planning
 1582  period, for building public, private, and regional water supply
 1583  facilities, including development of alternative water supplies,
 1584  which are identified in the element as necessary to serve
 1585  existing and new development. The work plan shall be updated, at
 1586  a minimum, every 5 years within 18 months after the governing
 1587  board of a water management district approves an updated
 1588  regional water supply plan. Amendments to incorporate the work
 1589  plan do not count toward the limitation on the frequency of
 1590  adoption of amendments to the comprehensive plan. Local
 1591  governments, public and private utilities, regional water supply
 1592  authorities, special districts, and water management districts
 1593  are encouraged to cooperatively plan for the development of
 1594  multijurisdictional water supply facilities that are sufficient
 1595  to meet projected demands for established planning periods,
 1596  including the development of alternative water sources to
 1597  supplement traditional sources of groundwater and surface water
 1598  supplies.
 1599         (d) A conservation element for the conservation, use, and
 1600  protection of natural resources in the area, including air,
 1601  water, water recharge areas, wetlands, waterwells, estuarine
 1602  marshes, soils, beaches, shores, flood plains, rivers, bays,
 1603  lakes, harbors, forests, fisheries and wildlife, marine habitat,
 1604  minerals, and other natural and environmental resources,
 1605  including factors that affect energy conservation. Local
 1606  governments shall assess their current, as well as projected,
 1607  water needs and sources for at least a 10-year period,
 1608  considering the appropriate regional water supply plan approved
 1609  pursuant to s. 373.709 373.0361, or, in the absence of an
 1610  approved regional water supply plan, the district water
 1611  management plan approved pursuant to s. 373.036(2). This
 1612  information shall be submitted to the appropriate agencies. The
 1613  land use map or map series contained in the future land use
 1614  element shall generally identify and depict the following:
 1615         1. Existing and planned waterwells and cones of influence
 1616  where applicable.
 1617         2. Beaches and shores, including estuarine systems.
 1618         3. Rivers, bays, lakes, flood plains, and harbors.
 1619         4. Wetlands.
 1620         5. Minerals and soils.
 1621         6. Energy conservation.
 1622  
 1623  The land uses identified on such maps shall be consistent with
 1624  applicable state law and rules.
 1625         (h)1. An intergovernmental coordination element showing
 1626  relationships and stating principles and guidelines to be used
 1627  in the accomplishment of coordination of the adopted
 1628  comprehensive plan with the plans of school boards, regional
 1629  water supply authorities, and other units of local government
 1630  providing services but not having regulatory authority over the
 1631  use of land, with the comprehensive plans of adjacent
 1632  municipalities, the county, adjacent counties, or the region,
 1633  with the state comprehensive plan and with the applicable
 1634  regional water supply plan approved pursuant to s. 373.709
 1635  373.0361, as the case may require and as such adopted plans or
 1636  plans in preparation may exist. This element of the local
 1637  comprehensive plan shall demonstrate consideration of the
 1638  particular effects of the local plan, when adopted, upon the
 1639  development of adjacent municipalities, the county, adjacent
 1640  counties, or the region, or upon the state comprehensive plan,
 1641  as the case may require.
 1642         a. The intergovernmental coordination element shall provide
 1643  procedures to identify and implement joint planning areas,
 1644  especially for the purpose of annexation, municipal
 1645  incorporation, and joint infrastructure service areas.
 1646         b. The intergovernmental coordination element shall provide
 1647  for recognition of campus master plans prepared pursuant to s.
 1648  1013.30 and airport master plans under paragraph(k).
 1649         c. The intergovernmental coordination element shall provide
 1650  for a dispute resolution process as established pursuant to s.
 1651  186.509 for bringing to closure in a timely manner
 1652  intergovernmental disputes.
 1653         d. The intergovernmental coordination element shall provide
 1654  for interlocal agreements as established pursuant to s.
 1655  333.03(1)(b).
 1656         2. The intergovernmental coordination element shall further
 1657  state principles and guidelines to be used in the accomplishment
 1658  of coordination of the adopted comprehensive plan with the plans
 1659  of school boards and other units of local government providing
 1660  facilities and services but not having regulatory authority over
 1661  the use of land. In addition, the intergovernmental coordination
 1662  element shall describe joint processes for collaborative
 1663  planning and decisionmaking on population projections and public
 1664  school siting, the location and extension of public facilities
 1665  subject to concurrency, and siting facilities with countywide
 1666  significance, including locally unwanted land uses whose nature
 1667  and identity are established in an agreement. Within 1 year of
 1668  adopting their intergovernmental coordination elements, each
 1669  county, all the municipalities within that county, the district
 1670  school board, and any unit of local government service providers
 1671  in that county shall establish by interlocal or other formal
 1672  agreement executed by all affected entities, the joint processes
 1673  described in this subparagraph consistent with their adopted
 1674  intergovernmental coordination elements.
 1675         3. To foster coordination between special districts and
 1676  local general-purpose governments as local general-purpose
 1677  governments implement local comprehensive plans, each
 1678  independent special district must submit a public facilities
 1679  report to the appropriate local government as required by s.
 1680  189.415.
 1681         4.a. Local governments shall execute an interlocal
 1682  agreement with the district school board, the county, and
 1683  nonexempt municipalities pursuant to s. 163.31777. The local
 1684  government shall amend the intergovernmental coordination
 1685  element to provide that coordination between the local
 1686  government and school board is pursuant to the agreement and
 1687  shall state the obligations of the local government under the
 1688  agreement.
 1689         b. Plan amendments that comply with this subparagraph are
 1690  exempt from the provisions of s. 163.3187(1).
 1691         5. The state land planning agency shall establish a
 1692  schedule for phased completion and transmittal of plan
 1693  amendments to implement subparagraphs 1., 2., and 3. from all
 1694  jurisdictions so as to accomplish their adoption by December 31,
 1695  1999. A local government may complete and transmit its plan
 1696  amendments to carry out these provisions prior to the scheduled
 1697  date established by the state land planning agency. The plan
 1698  amendments are exempt from the provisions of s. 163.3187(1).
 1699         6. By January 1, 2004, any county having a population
 1700  greater than 100,000, and the municipalities and special
 1701  districts within that county, shall submit a report to the
 1702  Department of Community Affairs which:
 1703         a. Identifies all existing or proposed interlocal service
 1704  delivery agreements regarding the following: education; sanitary
 1705  sewer; public safety; solid waste; drainage; potable water;
 1706  parks and recreation; and transportation facilities.
 1707         b. Identifies any deficits or duplication in the provision
 1708  of services within its jurisdiction, whether capital or
 1709  operational. Upon request, the Department of Community Affairs
 1710  shall provide technical assistance to the local governments in
 1711  identifying deficits or duplication.
 1712         7. Within 6 months after submission of the report, the
 1713  Department of Community Affairs shall, through the appropriate
 1714  regional planning council, coordinate a meeting of all local
 1715  governments within the regional planning area to discuss the
 1716  reports and potential strategies to remedy any identified
 1717  deficiencies or duplications.
 1718         8. Each local government shall update its intergovernmental
 1719  coordination element based upon the findings in the report
 1720  submitted pursuant to subparagraph 6. The report may be used as
 1721  supporting data and analysis for the intergovernmental
 1722  coordination element.
 1723         Section 5. Paragraph (l) of subsection (2) of section
 1724  163.3191, Florida Statutes, is amended to read:
 1725         163.3191 Evaluation and appraisal of comprehensive plan.—
 1726         (2) The report shall present an evaluation and assessment
 1727  of the comprehensive plan and shall contain appropriate
 1728  statements to update the comprehensive plan, including, but not
 1729  limited to, words, maps, illustrations, or other media, related
 1730  to:
 1731         (l) The extent to which the local government has been
 1732  successful in identifying alternative water supply projects and
 1733  traditional water supply projects, including conservation and
 1734  reuse, necessary to meet the water needs identified in s.
 1735  373.709(2)(a) 373.0361(2)(a) within the local government’s
 1736  jurisdiction. The report must evaluate the degree to which the
 1737  local government has implemented the work plan for building
 1738  public, private, and regional water supply facilities, including
 1739  development of alternative water supplies, identified in the
 1740  element as necessary to serve existing and new development.
 1741         Section 6. Paragraphs (c) and (d) of subsection (4) of
 1742  section 189.404, Florida Statutes, are amended to read:
 1743         189.404 Legislative intent for the creation of independent
 1744  special districts; special act prohibitions; model elements and
 1745  other requirements; general-purpose local government/Governor
 1746  and Cabinet creation authorizations.—
 1747         (4) LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION
 1748  AUTHORIZATIONS.—Except as otherwise authorized by general law,
 1749  only the Legislature may create independent special districts.
 1750         (c) The Governor and Cabinet may create an independent
 1751  special district which shall be established by rule in
 1752  accordance with s. 190.005 or as otherwise authorized in general
 1753  law. The Governor and Cabinet may also approve the establishment
 1754  of a charter for the creation of an independent special district
 1755  which shall be in accordance with s. 373.713 373.1962, or as
 1756  otherwise authorized in general law.
 1757         (d)1. Any combination of two or more counties may create a
 1758  regional special district which shall be established in
 1759  accordance with s. 950.001, or as otherwise authorized in
 1760  general law.
 1761         2. Any combination of two or more counties or
 1762  municipalities may create a regional special district which
 1763  shall be established in accordance with s. 373.713 373.1962, or
 1764  as otherwise authorized by general law.
 1765         3. Any combination of two or more counties, municipalities,
 1766  or other political subdivisions may create a regional special
 1767  district in accordance with s. 163.567, or as otherwise
 1768  authorized in general law.
 1769         Section 7. Subsection (3) of section 189.4155, Florida
 1770  Statutes, is amended to read:
 1771         189.4155 Activities of special districts; local government
 1772  comprehensive planning.—
 1773         (3) The provisions of this section shall not apply to water
 1774  management districts created pursuant to s. 373.069, to regional
 1775  water supply authorities created pursuant to s. 373.713
 1776  373.1962, or to spoil disposal sites owned or used by the
 1777  Federal Government.
 1778         Section 8. Section 189.4156, Florida Statutes, is amended
 1779  to read:
 1780         189.4156 Water management district technical assistance;
 1781  local government comprehensive planning.—Water management
 1782  districts shall assist local governments in the development of
 1783  local government comprehensive plan elements related to water
 1784  resource issues as required by s. 373.711 373.0391.
 1785         Section 9. Subsection (7) of section 367.021, Florida
 1786  Statutes, is amended to read:
 1787         367.021 Definitions.—As used in this chapter, the following
 1788  words or terms shall have the meanings indicated:
 1789         (7) “Governmental authority” means a political subdivision,
 1790  as defined by s. 1.01(8), a regional water supply authority
 1791  created pursuant to s. 373.713 373.1962, or a nonprofit
 1792  corporation formed for the purpose of acting on behalf of a
 1793  political subdivision with respect to a water or wastewater
 1794  facility.
 1795         Section 10. Subsections (1) and (17) of section 373.019,
 1796  Florida Statutes, are amended to read:
 1797         373.019 Definitions.—When appearing in this chapter or in
 1798  any rule, regulation, or order adopted pursuant thereto, the
 1799  term:
 1800         (1) “Alternative water supplies” means salt water; brackish
 1801  surface and groundwater; surface water captured predominately
 1802  during wet-weather flows; sources made available through the
 1803  addition of new storage capacity for surface or groundwater,
 1804  water that has been reclaimed after one or more public supply,
 1805  municipal, industrial, commercial, or agricultural uses; the
 1806  downstream augmentation of water bodies with reclaimed water;
 1807  stormwater; and any other water supply source that is designated
 1808  as nontraditional for a water supply planning region in the
 1809  applicable regional water supply plan.
 1810         (17) “Regional water supply plan” means a detailed water
 1811  supply plan developed by a governing board under s. 373.709 s.
 1812  373.0361.
 1813         Section 11. Paragraph (b) of subsection (2) and paragraph
 1814  (b) of subsection (7) of section 373.036, Florida Statutes, are
 1815  amended to read:
 1816         373.036 Florida water plan; district water management
 1817  plans.—
 1818         (2) DISTRICT WATER MANAGEMENT PLANS.—
 1819         (b) The district water management plan shall include, but
 1820  not be limited to:
 1821         1. The scientific methodologies for establishing minimum
 1822  flows and levels under s. 373.042, and all established minimum
 1823  flows and levels.
 1824         2. Identification of one or more water supply planning
 1825  regions that singly or together encompass the entire district.
 1826         3. Technical data and information prepared under s. 373.711
 1827  373.0391.
 1828         4. A districtwide water supply assessment, to be completed
 1829  no later than July 1, 1998, which determines for each water
 1830  supply planning region:
 1831         a. Existing legal uses, reasonably anticipated future
 1832  needs, and existing and reasonably anticipated sources of water
 1833  and conservation efforts; and
 1834         b. Whether existing and reasonably anticipated sources of
 1835  water and conservation efforts are adequate to supply water for
 1836  all existing legal uses and reasonably anticipated future needs
 1837  and to sustain the water resources and related natural systems.
 1838         5. Any completed regional water supply plans.
 1839         (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.—
 1840         (b) The consolidated annual report shall contain the
 1841  following elements, as appropriate to that water management
 1842  district:
 1843         1. A district water management plan annual report or the
 1844  annual work plan report allowed in subparagraph (2)(e)4.
 1845         2. The department-approved minimum flows and levels annual
 1846  priority list and schedule required by s. 373.042(2).
 1847         3. The annual 5-year capital improvements plan required by
 1848  s. 373.536(6)(a)3.
 1849         4. The alternative water supplies annual report required by
 1850  s. 373.707(8)(n) 373.1961(3)(n).
 1851         5. The final annual 5-year water resource development work
 1852  program required by s. 373.536(6)(a)4.
 1853         6. The Florida Forever Water Management District Work Plan
 1854  annual report required by s. 373.199(7).
 1855         7. The mitigation donation annual report required by s.
 1856  373.414(1)(b)2.
 1857         Section 12. Paragraphs (a) and (e) of subsection (4) of
 1858  section 373.0363, Florida Statutes, are amended to read:
 1859         373.0363 Southern Water Use Caution Area Recovery
 1860  Strategy.—
 1861         (4) The West-Central Florida Water Restoration Action Plan
 1862  includes:
 1863         (a) The Central West Coast Surface Water Enhancement
 1864  Initiative. The purpose of this initiative is to make additional
 1865  surface waters available for public supply through restoration
 1866  of surface waters, natural water flows, and freshwater wetland
 1867  communities. This initiative is designed to allow limits on
 1868  groundwater withdrawals in order to slow the rate of saltwater
 1869  intrusion. The initiative shall be an ongoing program in
 1870  cooperation with the Peace River-Manasota Regional Water Supply
 1871  Authority created under s. 373.713 373.1962.
 1872         (e) The Central Florida Water Resource Development
 1873  Initiative. The purpose of this initiative is to create and
 1874  implement a long-term plan that takes a comprehensive approach
 1875  to limit ground water withdrawals in the Southern Water Use
 1876  Caution Area and to identify and develop alternative water
 1877  supplies for Polk County. The project components developed
 1878  pursuant to this initiative are eligible for state and regional
 1879  funding under s. 373.707 373.196 as an alternative water supply,
 1880  as defined in s. 373.019, or as a supplemental water supply
 1881  under the rules of the Southwest Florida Water Management
 1882  District or the South Florida Water Management District. The
 1883  initiative shall be implemented by the district as an ongoing
 1884  program in cooperation with Polk County and the South Florida
 1885  Water Management District.
 1886         Section 13. Subsection (2) of section 373.0421, Florida
 1887  Statutes, is amended to read:
 1888         373.0421 Establishment and implementation of minimum flows
 1889  and levels.—
 1890         (2) If the existing flow or level in a water body is below,
 1891  or is projected to fall within 20 years below, the applicable
 1892  minimum flow or level established pursuant to s. 373.042, the
 1893  department or governing board, as part of the regional water
 1894  supply plan described in s. 373.709 373.0361, shall
 1895  expeditiously implement a recovery or prevention strategy, which
 1896  includes the development of additional water supplies and other
 1897  actions, consistent with the authority granted by this chapter,
 1898  to:
 1899         (a) Achieve recovery to the established minimum flow or
 1900  level as soon as practicable; or
 1901         (b) Prevent the existing flow or level from falling below
 1902  the established minimum flow or level.
 1903  
 1904  The recovery or prevention strategy shall include phasing or a
 1905  timetable which will allow for the provision of sufficient water
 1906  supplies for all existing and projected reasonable-beneficial
 1907  uses, including development of additional water supplies and
 1908  implementation of conservation and other efficiency measures
 1909  concurrent with, to the extent practical, and to offset,
 1910  reductions in permitted withdrawals, consistent with the
 1911  provisions of this chapter.
 1912         Section 14. Subsection (4) of section 373.0695, Florida
 1913  Statutes, is amended to read:
 1914         373.0695 Duties of basin boards; authorized expenditures.—
 1915         (4) In the exercise of the duties and powers granted
 1916  herein, the basin boards shall be subject to all the limitations
 1917  and restrictions imposed on the water management districts in s.
 1918  373.703 373.1961.
 1919         Section 15. Subsections (3) and (5) of section 373.223,
 1920  Florida Statutes, are amended to read:
 1921         373.223 Conditions for a permit.—
 1922         (3) Except for the transport and use of water supplied by
 1923  the Central and Southern Florida Flood Control Project, and
 1924  anywhere in the state when the transport and use of water is
 1925  supplied exclusively for bottled water as defined in s.
 1926  500.03(1)(d), any water use permit applications pending as of
 1927  April 1, 1998, with the Northwest Florida Water Management
 1928  District and self-suppliers of water for which the proposed
 1929  water source and area of use or application are located on
 1930  contiguous private properties, when evaluating whether a
 1931  potential transport and use of ground or surface water across
 1932  county boundaries is consistent with the public interest,
 1933  pursuant to paragraph (1)(c), the governing board or department
 1934  shall consider:
 1935         (a) The proximity of the proposed water source to the area
 1936  of use or application.
 1937         (b) All impoundments, streams, groundwater sources, or
 1938  watercourses that are geographically closer to the area of use
 1939  or application than the proposed source, and that are
 1940  technically and economically feasible for the proposed transport
 1941  and use.
 1942         (c) All economically and technically feasible alternatives
 1943  to the proposed source, including, but not limited to,
 1944  desalination, conservation, reuse of nonpotable reclaimed water
 1945  and stormwater, and aquifer storage and recovery.
 1946         (d) The potential environmental impacts that may result
 1947  from the transport and use of water from the proposed source,
 1948  and the potential environmental impacts that may result from use
 1949  of the other water sources identified in paragraphs (b) and (c).
 1950         (e) Whether existing and reasonably anticipated sources of
 1951  water and conservation efforts are adequate to supply water for
 1952  existing legal uses and reasonably anticipated future needs of
 1953  the water supply planning region in which the proposed water
 1954  source is located.
 1955         (f) Consultations with local governments affected by the
 1956  proposed transport and use.
 1957         (g) The value of the existing capital investment in water
 1958  related infrastructure made by the applicant.
 1959  
 1960  Where districtwide water supply assessments and regional water
 1961  supply plans have been prepared pursuant to ss. 373.036 and
 1962  373.709 373.0361, the governing board or the department shall
 1963  use the applicable plans and assessments as the basis for its
 1964  consideration of the applicable factors in this subsection.
 1965         (5) In evaluating an application for consumptive use of
 1966  water which proposes the use of an alternative water supply
 1967  project as described in the regional water supply plan and
 1968  provides reasonable assurances of the applicant’s capability to
 1969  design, construct, operate, and maintain the project, the
 1970  governing board or department shall presume that the alternative
 1971  water supply use is consistent with the public interest under
 1972  paragraph (1)(c). However, where the governing board identifies
 1973  the need for a multijurisdictional water supply entity or
 1974  regional water supply authority to develop the alternative water
 1975  supply project pursuant to s. 373.709(2)(a)2. 373.0361(2)(a)2.,
 1976  the presumption shall be accorded only to that use proposed by
 1977  such entity or authority. This subsection does not effect
 1978  evaluation of the use pursuant to the provisions of paragraphs
 1979  (1)(a) and (b), subsections (2) and (3), and ss. 373.2295 and
 1980  373.233.
 1981         Section 16. Section 373.2234, Florida Statutes, is amended
 1982  to read:
 1983         373.2234 Preferred water supply sources.—The governing
 1984  board of a water management district is authorized to adopt
 1985  rules that identify preferred water supply sources for
 1986  consumptive uses for which there is sufficient data to establish
 1987  that a preferred source will provide a substantial new water
 1988  supply to meet the existing and projected reasonable-beneficial
 1989  uses of a water supply planning region identified pursuant to s.
 1990  373.709(1) 373.0361(1), while sustaining existing water
 1991  resources and natural systems. At a minimum, such rules must
 1992  contain a description of the preferred water supply source and
 1993  an assessment of the water the preferred source is projected to
 1994  produce. If an applicant proposes to use a preferred water
 1995  supply source, that applicant’s proposed water use is subject to
 1996  s. 373.223(1), except that the proposed use of a preferred water
 1997  supply source must be considered by a water management district
 1998  when determining whether a permit applicant’s proposed use of
 1999  water is consistent with the public interest pursuant to s.
 2000  373.223(1)(c). A consumptive use permit issued for the use of a
 2001  preferred water supply source must be granted, when requested by
 2002  the applicant, for at least a 20-year period and may be subject
 2003  to the compliance reporting provisions of s. 373.236(4). Nothing
 2004  in this section shall be construed to exempt the use of
 2005  preferred water supply sources from the provisions of ss.
 2006  373.016(4) and 373.223(2) and (3), or be construed to provide
 2007  that permits issued for the use of a nonpreferred water supply
 2008  source must be issued for a duration of less than 20 years or
 2009  that the use of a nonpreferred water supply source is not
 2010  consistent with the public interest. Additionally, nothing in
 2011  this section shall be interpreted to require the use of a
 2012  preferred water supply source or to restrict or prohibit the use
 2013  of a nonpreferred water supply source. Rules adopted by the
 2014  governing board of a water management district to implement this
 2015  section shall specify that the use of a preferred water supply
 2016  source is not required and that the use of a nonpreferred water
 2017  supply source is not restricted or prohibited.
 2018         Section 17. Subsection (3) of section 373.229, Florida
 2019  Statutes, is amended to read:
 2020         373.229 Application for permit.—
 2021         (3) In addition to the information required in subsection
 2022  (1), all permit applications filed with the governing board or
 2023  the department which propose the transport and use of water
 2024  across county boundaries shall include information pertaining to
 2025  factors to be considered, pursuant to s. 373.223(3), unless
 2026  exempt under s. 373.713(9) 373.1962(9).
 2027         Section 18. Paragraph (a) of subsection (6) of section
 2028  373.236, Florida Statutes, is amended to read:
 2029         373.236 Duration of permits; compliance reports.—
 2030         (6)(a) The Legislature finds that the need for alternative
 2031  water supply development projects to meet anticipated public
 2032  water supply demands of the state is so important that it is
 2033  essential to encourage participation in and contribution to
 2034  these projects by private-rural-land owners who
 2035  characteristically have relatively modest near-term water
 2036  demands but substantially increasing demands after the 20-year
 2037  planning period in s. 373.709 373.0361. Therefore, where such
 2038  landowners make extraordinary contributions of lands or
 2039  construction funding to enable the expeditious implementation of
 2040  such projects, water management districts and the department may
 2041  grant permits for such projects for a period of up to 50 years
 2042  to municipalities, counties, special districts, regional water
 2043  supply authorities, multijurisdictional water supply entities,
 2044  and publicly or privately owned utilities, with the exception of
 2045  any publicly or privately owned utilities created for or by a
 2046  private landowner after April 1, 2008, which have entered into
 2047  an agreement with the private landowner for the purpose of more
 2048  efficiently pursuing alternative public water supply development
 2049  projects identified in a district’s regional water supply plan
 2050  and meeting water demands of both the applicant and the
 2051  landowner.
 2052         Section 19. Paragraph (a) of subsection (6) of section
 2053  373.536, Florida Statutes, is amended to read:
 2054         373.536 District budget and hearing thereon.—
 2055         (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
 2056  WATER RESOURCE DEVELOPMENT WORK PROGRAM.—
 2057         (a) Each district must, by the date specified for each
 2058  item, furnish copies of the following documents to the Governor,
 2059  the President of the Senate, the Speaker of the House of
 2060  Representatives, the chairs of all legislative committees and
 2061  subcommittees having substantive or fiscal jurisdiction over the
 2062  districts, as determined by the President of the Senate or the
 2063  Speaker of the House of Representatives as applicable, the
 2064  secretary of the department, and the governing board of each
 2065  county in which the district has jurisdiction or derives any
 2066  funds for the operations of the district:
 2067         1. The adopted budget, to be furnished within 10 days after
 2068  its adoption.
 2069         2. A financial audit of its accounts and records, to be
 2070  furnished within 10 days after its acceptance by the governing
 2071  board. The audit must be conducted in accordance with the
 2072  provisions of s. 11.45 and the rules adopted thereunder. In
 2073  addition to the entities named above, the district must provide
 2074  a copy of the audit to the Auditor General within 10 days after
 2075  its acceptance by the governing board.
 2076         3. A 5-year capital improvements plan, to be included in
 2077  the consolidated annual report required by s. 373.036(7). The
 2078  plan must include expected sources of revenue for planned
 2079  improvements and must be prepared in a manner comparable to the
 2080  fixed capital outlay format set forth in s. 216.043.
 2081         4. A 5-year water resource development work program to be
 2082  furnished within 30 days after the adoption of the final budget.
 2083  The program must describe the district’s implementation strategy
 2084  for the water resource development component of each approved
 2085  regional water supply plan developed or revised under s. 373.709
 2086  373.0361. The work program must address all the elements of the
 2087  water resource development component in the district’s approved
 2088  regional water supply plans and must identify which projects in
 2089  the work program will provide water, explain how each water
 2090  resource development project will produce additional water
 2091  available for consumptive uses, estimate the quantity of water
 2092  to be produced by each project, and provide an assessment of the
 2093  contribution of the district’s regional water supply plans in
 2094  providing sufficient water to meet the water supply needs of
 2095  existing and future reasonable-beneficial uses for a 1-in-10
 2096  year drought event. Within 30 days after its submittal, the
 2097  department shall review the proposed work program and submit its
 2098  findings, questions, and comments to the district. The review
 2099  must include a written evaluation of the program’s consistency
 2100  with the furtherance of the district’s approved regional water
 2101  supply plans, and the adequacy of proposed expenditures. As part
 2102  of the review, the department shall give interested parties the
 2103  opportunity to provide written comments on each district’s
 2104  proposed work program. Within 45 days after receipt of the
 2105  department’s evaluation, the governing board shall state in
 2106  writing to the department which changes recommended in the
 2107  evaluation it will incorporate into its work program submitted
 2108  as part of the March 1 consolidated annual report required by s.
 2109  373.036(7) or specify the reasons for not incorporating the
 2110  changes. The department shall include the district’s responses
 2111  in a final evaluation report and shall submit a copy of the
 2112  report to the Governor, the President of the Senate, and the
 2113  Speaker of the House of Representatives.
 2114         Section 20. Subsection (11) of section 373.59, Florida
 2115  Statutes, is amended to read:
 2116         373.59 Water Management Lands Trust Fund.—
 2117         (11) Notwithstanding any provision of this section to the
 2118  contrary, the governing board of a water management district may
 2119  request, and the Secretary of Environmental Protection shall
 2120  release upon such request, moneys allocated to the districts
 2121  pursuant to subsection (8) for purposes consistent with the
 2122  provisions of s. 373.709 373.0361, s. 373.705 373.0831, s.
 2123  373.139, or ss. 373.451-373.4595 and for legislatively
 2124  authorized land acquisition and water restoration initiatives.
 2125  No funds may be used pursuant to this subsection until necessary
 2126  debt service obligations, requirements for payments in lieu of
 2127  taxes, and land management obligations that may be required by
 2128  this chapter are provided for.
 2129         Section 21. Paragraph (g) of subsection (1) of section
 2130  378.212, Florida Statutes, is amended to read:
 2131         378.212 Variances.—
 2132         (1) Upon application, the secretary may grant a variance
 2133  from the provisions of this part or the rules adopted pursuant
 2134  thereto. Variances and renewals thereof may be granted for any
 2135  one of the following reasons:
 2136         (g) To accommodate reclamation that provides water supply
 2137  development or water resource development not inconsistent with
 2138  the applicable regional water supply plan approved pursuant to
 2139  s. 373.709 373.0361, provided adverse impacts are not caused to
 2140  the water resources in the basin. A variance may also be granted
 2141  from the requirements of part IV of chapter 373, or the rules
 2142  adopted thereunder, when a project provides an improvement in
 2143  water availability in the basin and does not cause adverse
 2144  impacts to water resources in the basin.
 2145         Section 22. Subsection (9) of section 378.404, Florida
 2146  Statutes, is amended to read:
 2147         378.404 Department of Environmental Protection; powers and
 2148  duties.—The department shall have the following powers and
 2149  duties:
 2150         (9) To grant variances from the provisions of this part to
 2151  accommodate reclamation that provides for water supply
 2152  development or water resource development not inconsistent with
 2153  the applicable regional water supply plan approved pursuant to
 2154  s. 373.709 373.0361, appropriate stormwater management, improved
 2155  wildlife habitat, recreation, or a mixture thereof, provided
 2156  adverse impacts are not caused to the water resources in the
 2157  basin and public health and safety are not adversely affected.
 2158         Section 23. Paragraph (a) of subsection (3) of section
 2159  403.0891, Florida Statutes, is amended to read:
 2160         403.0891 State, regional, and local stormwater management
 2161  plans and programs.—The department, the water management
 2162  districts, and local governments shall have the responsibility
 2163  for the development of mutually compatible stormwater management
 2164  programs.
 2165         (3)(a) Each local government required by chapter 163 to
 2166  submit a comprehensive plan, whose plan is submitted after July
 2167  1, 1992, and the others when updated after July 1, 1992, in the
 2168  development of its stormwater management program described by
 2169  elements within its comprehensive plan shall consider the water
 2170  resource implementation rule, district stormwater management
 2171  goals, plans approved pursuant to the Surface Water Improvement
 2172  and Management Act, ss. 373.451-373.4595, and technical
 2173  assistance information provided by the water management
 2174  districts pursuant to s. 373.711 373.0391.
 2175         Section 24. Section 403.890, Florida Statutes, is amended
 2176  to read:
 2177         403.890 Water Protection and Sustainability Program;
 2178  intent; goals; purposes.—
 2179         (1) Effective July 1, 2006, revenues transferred from the
 2180  Department of Revenue pursuant to s. 201.15(1)(c)2. shall be
 2181  deposited into the Water Protection and Sustainability Program
 2182  Trust Fund in the Department of Environmental Protection. These
 2183  revenues and any other additional revenues deposited into or
 2184  appropriated to the Water Protection and Sustainability Program
 2185  Trust Fund shall be distributed by the Department of
 2186  Environmental Protection in the following manner:
 2187         (a) Sixty percent to the Department of Environmental
 2188  Protection for the implementation of an alternative water supply
 2189  program as provided in s. 373.1961.
 2190         (b) Twenty percent for the implementation of best
 2191  management practices and capital project expenditures necessary
 2192  for the implementation of the goals of the total maximum daily
 2193  load program established in s. 403.067. Of these funds, 85
 2194  percent shall be transferred to the credit of the Department of
 2195  Environmental Protection Water Quality Assurance Trust Fund to
 2196  address water quality impacts associated with nonagricultural
 2197  nonpoint sources. Fifteen percent of these funds shall be
 2198  transferred to the Department of Agriculture and Consumer
 2199  Services General Inspection Trust Fund to address water quality
 2200  impacts associated with agricultural nonpoint sources. These
 2201  funds shall be used for research, development, demonstration,
 2202  and implementation of the total maximum daily load program under
 2203  s. 403.067, suitable best management practices or other measures
 2204  used to achieve water quality standards in surface waters and
 2205  water segments identified pursuant to s. 303(d) of the Clean
 2206  Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
 2207  Implementation of best management practices and other measures
 2208  may include cost-share grants, technical assistance,
 2209  implementation tracking, and conservation leases or other
 2210  agreements for water quality improvement. The Department of
 2211  Environmental Protection and the Department of Agriculture and
 2212  Consumer Services may adopt rules governing the distribution of
 2213  funds for implementation of capital projects, best management
 2214  practices, and other measures. These funds shall not be used to
 2215  abrogate the financial responsibility of those point and
 2216  nonpoint sources that have contributed to the degradation of
 2217  water or land areas. Increased priority shall be given by the
 2218  department and the water management district governing boards to
 2219  those projects that have secured a cost-sharing agreement
 2220  allocating responsibility for the cleanup of point and nonpoint
 2221  sources.
 2222         (c) Ten percent shall be disbursed for the purposes of
 2223  funding projects pursuant to ss. 373.451-373.459 or surface
 2224  water restoration activities in water-management-district
 2225  designated priority water bodies. The Secretary of Environmental
 2226  Protection shall ensure that each water management district
 2227  receives the following percentage of funds annually:
 2228         1. Thirty-five percent to the South Florida Water
 2229  Management District;
 2230         2. Twenty-five percent to the Southwest Florida Water
 2231  Management District;
 2232         3. Twenty-five percent to the St. Johns River Water
 2233  Management District;
 2234         4. Seven and one-half percent to the Suwannee River Water
 2235  Management District; and
 2236         5. Seven and one-half percent to the Northwest Florida
 2237  Water Management District.
 2238         (d) Ten percent to the Department of Environmental
 2239  Protection for the Disadvantaged Small Community Wastewater
 2240  Grant Program as provided in s. 403.1838.
 2241         (2) Applicable beginning in the 2007-2008 fiscal year,
 2242  revenues transferred from the Department of Revenue pursuant to
 2243  s. 201.15(1)(c)2. shall be deposited into the Water Protection
 2244  and Sustainability Program Trust Fund in the Department of
 2245  Environmental Protection. These revenues and any other
 2246  additional Revenues deposited into or appropriated to the Water
 2247  Protection and Sustainability Program Trust Fund shall be
 2248  distributed by the Department of Environmental Protection in the
 2249  following manner:
 2250         (1)(a) Sixty-five percent to the Department of
 2251  Environmental Protection for the implementation of an
 2252  alternative water supply program as provided in s. 373.707
 2253  373.1961.
 2254         (2)(b) Twenty-two and five-tenths percent for the
 2255  implementation of best management practices and capital project
 2256  expenditures necessary for the implementation of the goals of
 2257  the total maximum daily load program established in s. 403.067.
 2258  Of these funds, 83.33 percent shall be transferred to the credit
 2259  of the Department of Environmental Protection Water Quality
 2260  Assurance Trust Fund to address water quality impacts associated
 2261  with nonagricultural nonpoint sources. Sixteen and sixty-seven
 2262  hundredths percent of these funds shall be transferred to the
 2263  Department of Agriculture and Consumer Services General
 2264  Inspection Trust Fund to address water quality impacts
 2265  associated with agricultural nonpoint sources. These funds shall
 2266  be used for research, development, demonstration, and
 2267  implementation of the total maximum daily load program under s.
 2268  403.067, suitable best management practices or other measures
 2269  used to achieve water quality standards in surface waters and
 2270  water segments identified pursuant to s. 303(d) of the Clean
 2271  Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
 2272  Implementation of best management practices and other measures
 2273  may include cost-share grants, technical assistance,
 2274  implementation tracking, and conservation leases or other
 2275  agreements for water quality improvement. The Department of
 2276  Environmental Protection and the Department of Agriculture and
 2277  Consumer Services may adopt rules governing the distribution of
 2278  funds for implementation of capital projects, best management
 2279  practices, and other measures. These funds shall not be used to
 2280  abrogate the financial responsibility of those point and
 2281  nonpoint sources that have contributed to the degradation of
 2282  water or land areas. Increased priority shall be given by the
 2283  department and the water management district governing boards to
 2284  those projects that have secured a cost-sharing agreement
 2285  allocating responsibility for the cleanup of point and nonpoint
 2286  sources.
 2287         (3)(c) Twelve and five-tenths percent to the Department of
 2288  Environmental Protection for the Disadvantaged Small Community
 2289  Wastewater Grant Program as provided in s. 403.1838.
 2290         (4)(d) On June 30, 2009, and every 24 months thereafter,
 2291  the Department of Environmental Protection shall request the
 2292  return of all unencumbered funds distributed pursuant to this
 2293  section. These funds shall be deposited into the Water
 2294  Protection and Sustainability Program Trust Fund and
 2295  redistributed pursuant to the provisions of this section.
 2296         (3) For the 2008-2009 fiscal year only, moneys in the Water
 2297  Protection and Sustainability Program Trust Fund shall be
 2298  transferred to the Ecosystem Management and Restoration Trust
 2299  Fund for grants and aids to local governments for water projects
 2300  as provided in the General Appropriations Act. This subsection
 2301  expires July 1, 2009.
 2302         (4) For fiscal year 2005-2006, funds deposited or
 2303  appropriated into the Water Protection and Sustainability
 2304  Program Trust Fund shall be distributed as follows:
 2305         (a) One hundred million dollars to the Department of
 2306  Environmental Protection for the implementation of an
 2307  alternative water supply program as provided in s. 373.1961.
 2308         (b) Funds remaining after the distribution provided for in
 2309  subsection (1) shall be distributed as follows:
 2310         1. Fifty percent for the implementation of best management
 2311  practices and capital project expenditures necessary for the
 2312  implementation of the goals of the total maximum daily load
 2313  program established in s. 403.067. Of these funds, 85 percent
 2314  shall be transferred to the credit of the Department of
 2315  Environmental Protection Water Quality Assurance Trust Fund to
 2316  address water quality impacts associated with nonagricultural
 2317  nonpoint sources. Fifteen percent of these funds shall be
 2318  transferred to the Department of Agriculture and Consumer
 2319  Services General Inspection Trust Fund to address water quality
 2320  impacts associated with agricultural nonpoint sources. These
 2321  funds shall be used for research, development, demonstration,
 2322  and implementation of suitable best management practices or
 2323  other measures used to achieve water quality standards in
 2324  surface waters and water segments identified pursuant to s.
 2325  303(d) of the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss.
 2326  1251 et seq. Implementation of best management practices and
 2327  other measures may include cost-share grants, technical
 2328  assistance, implementation tracking, and conservation leases or
 2329  other agreements for water quality improvement. The Department
 2330  of Environmental Protection and the Department of Agriculture
 2331  and Consumer Services may adopt rules governing the distribution
 2332  of funds for implementation of best management practices. These
 2333  funds shall not be used to abrogate the financial responsibility
 2334  of those point and nonpoint sources that have contributed to the
 2335  degradation of water or land areas. Increased priority shall be
 2336  given by the department and the water management district
 2337  governing boards to those projects that have secured a cost
 2338  sharing agreement allocating responsibility for the cleanup of
 2339  point and nonpoint sources.
 2340         2. Twenty-five percent for the purposes of funding projects
 2341  pursuant to ss. 373.451-373.459 or surface water restoration
 2342  activities in water-management-district-designated priority
 2343  water bodies. The Secretary of Environmental Protection shall
 2344  ensure that each water management district receives the
 2345  following percentage of funds annually:
 2346         a. Thirty-five percent to the South Florida Water
 2347  Management District;
 2348         b. Twenty-five percent to the Southwest Florida Water
 2349  Management District;
 2350         c. Twenty-five percent to the St. Johns River Water
 2351  Management District;
 2352         d. Seven and one-half percent to the Suwannee River Water
 2353  Management District; and
 2354         e. Seven and one-half percent to the Northwest Florida
 2355  Water Management District.
 2356         3. Twenty-five percent to the Department of Environmental
 2357  Protection for the Disadvantaged Small Community Wastewater
 2358  Grant Program as provided in s. 403.1838.
 2359  
 2360  Prior to the end of the 2008 Regular Session, the Legislature
 2361  must review the distribution of funds under the Water Protection
 2362  and Sustainability Program to determine if revisions to the
 2363  funding formula are required. At the discretion of the President
 2364  of the Senate and the Speaker of the House of Representatives,
 2365  the appropriate substantive committees of the Legislature may
 2366  conduct an interim project to review the Water Protection and
 2367  Sustainability Program and the funding formula and make written
 2368  recommendations to the Legislature proposing necessary changes,
 2369  if any.
 2370         (5) For the 2009-2010 fiscal year only, funds shall be
 2371  distributed as follows:
 2372         (a) Thirty-one and twenty-one hundredths percent to the
 2373  Department of Environmental Protection for the implementation of
 2374  an alternative water supply program as provided in s. 373.1961.
 2375         (b) Twenty-six and eighty-seven hundredths percent for the
 2376  implementation of best management practices and capital project
 2377  expenditures necessary for the implementation of the goals of
 2378  the total maximum daily load program established in s. 403.067.
 2379  Of these funds, 86 percent shall be transferred to the credit of
 2380  the Water Quality Assurance Trust Fund of the Department of
 2381  Environmental Protection to address water quality impacts
 2382  associated with nonagricultural nonpoint sources. Fourteen
 2383  percent of these funds shall be transferred to the General
 2384  Inspection Trust Fund of the Department of Agriculture and
 2385  Consumer Services to address water quality impacts associated
 2386  with agricultural nonpoint sources. These funds shall be used
 2387  for research, development, demonstration, and implementation of
 2388  the total maximum daily load program under s. 403.067, suitable
 2389  best management practices, or other measures used to achieve
 2390  water quality standards in surface waters and water segments
 2391  identified pursuant to s. 303(d) of the Clean Water Act, Pub. L.
 2392  No. 92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best
 2393  management practices and other measures may include cost-share
 2394  grants, technical assistance, implementation tracking, and
 2395  conservation leases or other agreements for water quality
 2396  improvement. The Department of Environmental Protection and the
 2397  Department of Agriculture and Consumer Services may adopt rules
 2398  governing the distribution of funds for implementation of
 2399  capital projects, best management practices, and other measures.
 2400  These funds may not be used to abrogate the financial
 2401  responsibility of those point and nonpoint sources that have
 2402  contributed to the degradation of water or land areas. Increased
 2403  priority shall be given by the department and the water
 2404  management district governing boards to those projects that have
 2405  secured a cost-sharing agreement that allocates responsibility
 2406  for the cleanup of point and nonpoint sources.
 2407         (c) Forty-one and ninety-two hundredths percent to the
 2408  Department of Environmental Protection for the Disadvantaged
 2409  Small Community Wastewater Grant Program as provided in s.
 2410  403.1838.
 2411  
 2412  This subsection expires July 1, 2010.
 2413         Section 25. Subsection (1) of section 403.891, Florida
 2414  Statutes, is amended to read:
 2415         403.891 Water Protection and Sustainability Program Trust
 2416  Fund of the Department of Environmental Protection.—
 2417         (1) The Water Protection and Sustainability Program Trust
 2418  Fund is created within the Department of Environmental
 2419  Protection. The purpose of the trust fund is to receive funds
 2420  pursuant to s. 201.15(1)(c)2., funds from other sources provided
 2421  for in law and the General Appropriations Act, and funds
 2422  received by the department in order to implement the provisions
 2423  of the Water Sustainability and Protection Program created in s.
 2424  403.890.
 2425         Section 26. Section 682.02, Florida Statutes, is amended to
 2426  read:
 2427         682.02 Arbitration agreements made valid, irrevocable, and
 2428  enforceable; scope.—Two or more parties may agree in writing to
 2429  submit to arbitration any controversy existing between them at
 2430  the time of the agreement, or they may include in a written
 2431  contract a provision for the settlement by arbitration of any
 2432  controversy thereafter arising between them relating to such
 2433  contract or the failure or refusal to perform the whole or any
 2434  part thereof. This section also applies to written interlocal
 2435  agreements under ss. 163.01 and 373.713 373.1962 in which two or
 2436  more parties agree to submit to arbitration any controversy
 2437  between them concerning water use permit applications and other
 2438  matters, regardless of whether or not the water management
 2439  district with jurisdiction over the subject application is a
 2440  party to the interlocal agreement or a participant in the
 2441  arbitration. Such agreement or provision shall be valid,
 2442  enforceable, and irrevocable without regard to the justiciable
 2443  character of the controversy; provided that this act shall not
 2444  apply to any such agreement or provision to arbitrate in which
 2445  it is stipulated that this law shall not apply or to any
 2446  arbitration or award thereunder.
 2447         Section 27. Section 373.71, Florida Statutes, is renumbered
 2448  as section 373.69, Florida Statutes.
 2449         Section 28. Sections 373.0361, 373.0391, 373.0831, 373.196,
 2450  373.1961, 373.1962, and 373.1963, Florida Statutes, are
 2451  repealed.
 2452         Section 29. Paragraphs (a),(b),(c), and (f) of subsection
 2453  (3) of section 373.1961, Florida Statutes, is amended to read:
 2454         373.1961 Water production; general powers and duties;
 2455  identification of needs; funding criteria; economic incentives;
 2456  reuse funding.—
 2457         (3) FUNDING.—
 2458         (a) The water management districts and the state shall
 2459  share a percentage of revenues with water providers and users,
 2460  including local governments, water, wastewater, and reuse
 2461  utilities, municipal, special district, industrial, and
 2462  agricultural water users, and other public and private water
 2463  users, to be used to supplement other funding sources in the
 2464  development of alternative water supplies and conservation
 2465  projects that result in quantifiable water savings.
 2466         (b) Beginning in fiscal year 2005-2006, the state shall
 2467  annually provide a portion of those revenues deposited into the
 2468  Water Protection and Sustainability Program Trust Fund for the
 2469  purpose of providing funding assistance for the development of
 2470  alternative water supplies and conservation projects that result
 2471  in quantifiable water savings pursuant to the Water Protection
 2472  and Sustainability Program. At the beginning of each fiscal
 2473  year, beginning with fiscal year 2005-2006, such revenues shall
 2474  be distributed by the department into the alternative water
 2475  supply trust fund accounts created by each district for the
 2476  purpose of alternative water supply development under the
 2477  following funding formula:
 2478         1. Thirty percent to the South Florida Water Management
 2479  District;
 2480         2. Twenty-five percent to the Southwest Florida Water
 2481  Management District;
 2482         3. Twenty-five percent to the St. Johns River Water
 2483  Management District;
 2484         4. Ten percent to the Suwannee River Water Management
 2485  District; and
 2486         5. Ten percent to the Northwest Florida Water Management
 2487  District.
 2488         (c) The financial assistance for alternative water supply
 2489  projects allocated in each district’s budget as required in s.
 2490  373.196(6) shall be combined with the state funds and used to
 2491  assist in funding the project construction costs of alternative
 2492  water supply projects and the project costs of conservation
 2493  projects that result in quantifiable water savings selected by
 2494  the governing board. If the district has not completed any
 2495  regional water supply plan, or the regional water supply plan
 2496  does not identify the need for any alternative water supply
 2497  projects, funds deposited in that district’s trust fund may be
 2498  used for water resource development projects, including, but not
 2499  limited to, springs protection.
 2500         (f) The governing boards shall determine those projects
 2501  that will be selected for financial assistance. The governing
 2502  boards may establish factors to determine project funding;
 2503  however, significant weight shall be given to the following
 2504  factors:
 2505         1. Whether the project provides substantial environmental
 2506  benefits by preventing or limiting adverse water resource
 2507  impacts.
 2508         2. Whether the project reduces competition for water
 2509  supplies.
 2510         3. Whether the project brings about replacement of
 2511  traditional sources in order to help implement a minimum flow or
 2512  level or a reservation.
 2513         4. Whether the project will be implemented by a consumptive
 2514  use permittee that has achieved the targets contained in a goal
 2515  based water conservation program approved pursuant to s.
 2516  373.227.
 2517         5. The quantity of water supplied by the project as
 2518  compared to its cost.
 2519         6. Projects in which the construction and delivery to end
 2520  users of reuse water is a major component.
 2521         7. Whether the project will be implemented by a
 2522  multijurisdictional water supply entity or regional water supply
 2523  authority.
 2524         8. Whether the project implements reuse that assists in the
 2525  elimination of domestic wastewater ocean outfalls as provided in
 2526  s. 403.086(9).
 2527         9.Whether the county or municipality, or the multiple
 2528  counties or municipalities, in which the project is located has
 2529  implemented a high-water recharge protection tax assessment
 2530  program as provided in s. 193.625.
 2531         Section 30. Paragraph (a) of subsection (19) of section
 2532  373.414, Florida Statutes, is amended to read:
 2533         373.414 Additional criteria for activities in surface
 2534  waters and wetlands.—
 2535         (19)(a) Financial responsibility for mitigation for
 2536  wetlands and other surface waters required by a permit issued
 2537  pursuant to this part for activities associated with the
 2538  extraction of limestone and phosphate are subject to approval by
 2539  the department as part of the permit application review.
 2540  Financial responsibility for permitted activities that which
 2541  will occur over a period of 3 years or less of mining operations
 2542  must be provided to the department before prior to the
 2543  commencement of mining operations and must shall be in an amount
 2544  equal to 110 percent of the estimated mitigation costs for
 2545  wetlands and other surface waters affected under the permit. For
 2546  permitted activities that which will occur over a period of more
 2547  than 3 years of mining operations, the initial financial
 2548  responsibility demonstration must shall be in an amount equal to
 2549  110 percent of the estimated mitigation costs for wetlands and
 2550  other surface waters affected in the first 3 years of operation
 2551  under the permit.; and, For each year thereafter, the financial
 2552  responsibility demonstration must shall be updated, including
 2553  providing to provide an amount equal to 110 percent of the
 2554  estimated mitigation costs for the next year of operations under
 2555  the permit for which financial responsibility has not already
 2556  been demonstrated and to release portions of the financial
 2557  responsibility mechanisms in accordance with applicable rules.
 2558         Section 31. Subsection (2) of section 378.901, Florida
 2559  Statutes, is amended to read:
 2560         378.901 Life-of-the-mine permit.—
 2561         (2) As an alternative to, and in lieu of, separate
 2562  applications for permits required under by part IV of chapter
 2563  373 and part IV of this chapter, any each operator who mines or
 2564  extracts or proposes to mine or extract heavy minerals,
 2565  limestone, or fuller’s earth clay may apply to the bureau for a
 2566  life-of-the-mine permit. This subsection does not limit the
 2567  authority of a local government to approve, approve with
 2568  conditions, deny, or impose a permit duration that is different
 2569  from the duration issued pursuant to this section.
 2570         Section 32. Subsections (2), (5), and (9) of section
 2571  373.41492, Florida Statutes, are amended to read:
 2572         373.41492 Miami-Dade County Lake Belt Mitigation Plan;
 2573  mitigation for mining activities within the Miami-Dade County
 2574  Lake Belt.—
 2575         (2) To provide for the mitigation of wetland resources lost
 2576  to mining activities within the Miami-Dade County Lake Belt
 2577  Plan, effective October 1, 1999, a mitigation fee is imposed on
 2578  each ton of limerock and sand extracted by any person who
 2579  engages in the business of extracting limerock or sand from
 2580  within the Miami-Dade County Lake Belt Area and the east one
 2581  half of sections 24 and 25 and all of sections 35 and 36,
 2582  Township 53 South, Range 39 East. The mitigation fee is imposed
 2583  for each ton of limerock and sand sold from within the
 2584  properties where the fee applies in raw, processed, or
 2585  manufactured form, including, but not limited to, sized
 2586  aggregate, asphalt, cement, concrete, and other limerock and
 2587  concrete products. The mitigation fee imposed by this subsection
 2588  for each ton of limerock and sand sold shall be 12 cents per ton
 2589  beginning January 1, 2007; 18 cents per ton beginning January 1,
 2590  2008; and 24 cents per ton beginning January 1, 2009, and 45
 2591  cents per ton beginning close of business December 31, 2011. To
 2592  upgrade a water treatment plant that treats water coming from
 2593  the Northwest Wellfield in Miami-Dade County, a water treatment
 2594  plant upgrade fee is imposed within the same Lake Belt Area
 2595  subject to the mitigation fee and upon the same kind of mined
 2596  limerock and sand subject to the mitigation fee. The water
 2597  treatment plant upgrade fee imposed by this subsection for each
 2598  ton of limerock and sand sold shall be 15 cents per ton
 2599  beginning on January 1, 2007, and the collection of this fee
 2600  shall cease once the total amount of proceeds collected for this
 2601  fee reaches the amount of the actual moneys necessary to design
 2602  and construct the water treatment plant upgrade, as determined
 2603  in an open, public solicitation process. Any limerock or sand
 2604  that is used within the mine from which the limerock or sand is
 2605  extracted is exempt from the fees. The amount of the mitigation
 2606  fee and the water treatment plant upgrade fee imposed under this
 2607  section must be stated separately on the invoice provided to the
 2608  purchaser of the limerock or sand product from the limerock or
 2609  sand miner, or its subsidiary or affiliate, for which the fee or
 2610  fees apply. The limerock or sand miner, or its subsidiary or
 2611  affiliate, who sells the limerock or sand product shall collect
 2612  the mitigation fee and the water treatment plant upgrade fee and
 2613  forward the proceeds of the fees to the Department of Revenue on
 2614  or before the 20th day of the month following the calendar month
 2615  in which the sale occurs.
 2616         (5) Each January 1, beginning January 1, 2010, through
 2617  December 31, 2011, Beginning January 1, 2010, and each January 1
 2618  thereafter, the per-ton mitigation fee shall be increased by 2.1
 2619  percentage points, plus a cost growth index. The cost growth
 2620  index shall be the percentage change in the weighted average of
 2621  the Employment Cost Index for All Civilian Workers (ecu 10001I),
 2622  issued by the United States Department of Labor for the most
 2623  recent 12-month period ending on September 30, and the
 2624  percentage change in the Producer Price Index for All
 2625  Commodities (WPU 00000000), issued by the United States
 2626  Department of Labor for the most recent 12-month period ending
 2627  on September 30, compared to the weighted average of these
 2628  indices for the previous year. The weighted average shall be
 2629  calculated as 0.6 times the percentage change in the Employment
 2630  Cost Index for All Civilian Workers (ecu 10001I), plus 0.4 times
 2631  the percentage change in the Producer Price Index for All
 2632  Commodities (WPU 00000000). If either index is discontinued, it
 2633  shall be replaced by its successor index, as identified by the
 2634  United States Department of Labor.
 2635         (9)(a) The interagency committee established in this
 2636  section shall annually prepare and submit to the governing board
 2637  of the South Florida Water Management District a report
 2638  evaluating the mitigation costs and revenues generated by the
 2639  mitigation fee.
 2640         (b) No sooner than January 31, 2010, and no more frequently
 2641  than every 2 5 years thereafter, the interagency committee shall
 2642  submit to the Legislature a report recommending any needed
 2643  adjustments to the mitigation fee, including the annual
 2644  escalator provided for in subsection (5), to ensure that the
 2645  revenue generated reflects the actual costs of the mitigation.
 2646         Section 33. Subsection (1) of section 215.619, Florida
 2647  Statutes, is amended to read:
 2648         215.619 Bonds for Everglades restoration.—
 2649         (1) The issuance of Everglades restoration bonds to finance
 2650  or refinance the cost of the acquisition and improvement of
 2651  land, water areas, and related property interests and resources
 2652  for the purpose of implementing the Comprehensive Everglades
 2653  Restoration Plan under s. 373.470, the Lake Okeechobee Watershed
 2654  Protection Plan under s. 373.4595, the Caloosahatchee River
 2655  Watershed Protection Plan under s. 373.4595, the St. Lucie River
 2656  Watershed Protection Plan under s. 373.4595, and the Florida
 2657  Keys Area of Critical State Concern protection program under ss.
 2658  380.05 and 380.0552 in order to restore and conserve natural
 2659  systems through the implementation of water management projects,
 2660  including wastewater management projects identified in the Keys
 2661  Wastewater Plan, dated November 2007, and submitted to the
 2662  Florida House of Representatives on December 4, 2007, is
 2663  authorized in accordance with s. 11(e), Art. VII of the State
 2664  Constitution.
 2665         (a) Everglades restoration bonds, except refunding bonds,
 2666  may be issued only in fiscal years 2002-2003 through 2019-2020
 2667  and may not be issued in an amount exceeding $100 million per
 2668  fiscal year unless:
 2669         1.(a) The Department of Environmental Protection has
 2670  requested additional amounts in order to achieve cost savings or
 2671  accelerate the purchase of land; or
 2672         2.(b) The Legislature authorizes an additional amount of
 2673  bonds not to exceed $200 million, and limited to $50 million per
 2674  fiscal year, for no more than 4 fiscal years, specifically for
 2675  the purpose of funding the Florida Keys Area of Critical State
 2676  Concern protection program. Proceeds from the bonds shall be
 2677  managed by the Department of Environmental Protection for the
 2678  purpose of entering into financial assistance agreements with
 2679  local governments located in the Florida Keys Area of Critical
 2680  State Concern to finance or refinance the cost of constructing
 2681  sewage collection, treatment, and disposal facilities.
 2682         (b) The duration of Everglades restoration bonds may not
 2683  exceed 20 annual maturities, and those bonds must mature by
 2684  December 31, 2040. Except for refunding bonds, a series of bonds
 2685  may not be issued unless an amount equal to the debt service
 2686  coming due in the year of issuance has been appropriated by the
 2687  Legislature. Beginning July 1, 2010, the Legislature shall
 2688  analyze the ratio of the state’s debt to projected revenues
 2689  before authorizing the issuance of prior to the authorization to
 2690  issue any bonds under this section.
 2691         Section 34. Subsections (2), (4), (7), and (9) of section
 2692  380.0552, Florida Statutes, are amended to read:
 2693         380.0552 Florida Keys Area; protection and designation as
 2694  area of critical state concern.—
 2695         (2) LEGISLATIVE INTENT.—It is hereby declared that the
 2696  intent of the Legislature to is:
 2697         (a) To Establish a land use management system that protects
 2698  the natural environment of the Florida Keys.
 2699         (b) To Establish a land use management system that
 2700  conserves and promotes the community character of the Florida
 2701  Keys.
 2702         (c) To Establish a land use management system that promotes
 2703  orderly and balanced growth in accordance with the capacity of
 2704  available and planned public facilities and services.
 2705         (d) To Provide for affordable housing in close proximity to
 2706  places of employment in the Florida Keys.
 2707         (e) To Establish a land use management system that promotes
 2708  and supports a diverse and sound economic base.
 2709         (f) To Protect the constitutional rights of property owners
 2710  to own, use, and dispose of their real property.
 2711         (g) To Promote coordination and efficiency among
 2712  governmental agencies that have with permitting jurisdiction
 2713  over land use activities in the Florida Keys.
 2714         (h) Promote an appropriate land acquisition and protection
 2715  strategy for environmentally sensitive lands within the Florida
 2716  Keys.
 2717         (i) Protect and improve the nearshore water quality of the
 2718  Florida Keys through the construction and operation of
 2719  wastewater management facilities that meet the requirements of
 2720  ss. 381.0065(4)(l) and 403.086(10), as applicable.
 2721         (j) Ensure that the population of the Florida Keys can be
 2722  safely evacuated.
 2723         (4) REMOVAL OF DESIGNATION.—
 2724         (a) Between July 12, 2008, and August 30, 2008, the state
 2725  land planning agency shall submit a written report to the
 2726  Administration Commission describing in detail the progress of
 2727  the Florida Keys Area toward accomplishing the tasks of the work
 2728  program as defined in paragraph (c) and providing a
 2729  recommendation as to whether substantial progress toward
 2730  accomplishing the tasks of the work program has been achieved.
 2731  Subsequent to receipt of the report, the Administration
 2732  Commission shall determine, prior to October 1, 2008, whether
 2733  substantial progress has been achieved toward accomplishing the
 2734  tasks of the work program. The designation of the Florida Keys
 2735  Area as an area of critical state concern under this section may
 2736  be recommended for removal upon fulfilling the legislative
 2737  intent under subsection (2) and completion of all the work
 2738  program tasks specified in rules of the Administration
 2739  Commission shall be removed October 1, 2009, unless the
 2740  Administration Commission finds, after receipt of the state land
 2741  planning agency report, that substantial progress has not been
 2742  achieved toward accomplishing the tasks of the work program. If
 2743  the designation of the Florida Keys Area as an area of critical
 2744  state concern is removed, the Administration Commission, within
 2745  60 days after removal of the designation, shall initiate
 2746  rulemaking pursuant to chapter 120 to repeal any rules relating
 2747  to the designation of the Florida Keys Area as an area of
 2748  critical state concern. If, after receipt of the state land
 2749  planning agency’s report, the Administration Commission finds
 2750  that substantial progress toward accomplishing the tasks of the
 2751  work program has not been achieved, the Administration
 2752  Commission shall provide a written report to the Monroe County
 2753  Commission within 30 days after making such finding detailing
 2754  the tasks under the work program that must be accomplished in
 2755  order for substantial progress to be achieved within the next 12
 2756  months.
 2757         (b) Beginning November 30, 2010, the state land planning
 2758  agency shall annually submit a written report to the
 2759  Administration Commission describing the progress of the Florida
 2760  Keys Area toward completing the work program tasks specified in
 2761  commission rules. The land planning agency shall recommend
 2762  removing the Florida Keys Area from being designated as an area
 2763  of critical state concern to the commission if it determines
 2764  that:
 2765         1. All of the work program tasks have been completed,
 2766  including construction of, operation of, and connection to
 2767  central wastewater management facilities pursuant to s.
 2768  403.086(10) and upgrade of onsite sewage treatment and disposal
 2769  systems pursuant to s. 381.0065(4)(l);
 2770         2. All local comprehensive plans and land development
 2771  regulations and the administration of such plans and regulations
 2772  are adequate to protect the Florida Keys Area, fulfill the
 2773  legislative intent specified in subsection (2), and are
 2774  consistent with and further the principles guiding development;
 2775  and
 2776         3. A local government has adopted a resolution at a public
 2777  hearing recommending the removal of the designation.
 2778         (b) If the designation of the Florida Keys Area as an area
 2779  of critical state concern is not removed in accordance with
 2780  paragraph (a), the state land planning agency shall submit a
 2781  written annual report to the Administration Commission on
 2782  November 1 of each year, until such time as the designation is
 2783  removed, describing the progress of the Florida Keys Area toward
 2784  accomplishing remaining tasks under the work program and
 2785  providing a recommendation as to whether substantial progress
 2786  toward accomplishing the tasks of the work program has been
 2787  achieved. The Administration Commission shall determine, within
 2788  45 days after receipt of the annual report, whether substantial
 2789  progress has been achieved toward accomplishing the remaining
 2790  tasks of the work program. The designation of the Florida Keys
 2791  Area as an area of critical state concern under this section
 2792  shall be removed unless the Administration Commission finds that
 2793  substantial progress has not been achieved toward accomplishing
 2794  the tasks of the work program. If the designation of the Florida
 2795  Keys Area as an area of critical state concern is removed, the
 2796  Administration Commission, within 60 days after removal of the
 2797  designation, shall initiate rulemaking pursuant to chapter 120
 2798  to repeal any rules relating to the designation of the Florida
 2799  Keys Area as an area of critical state concern. If the
 2800  Administration Commission finds that substantial progress has
 2801  not been achieved, the Administration Commission shall provide
 2802  to the Monroe County Commission, within 30 days after making its
 2803  finding, a report detailing the tasks under the work program
 2804  that must be accomplished in order for substantial progress to
 2805  be achieved within the next 12 months.
 2806         (c) After receipt of the state land planning agency report
 2807  and recommendation, the Administration Commission shall
 2808  determine whether the requirements have been fulfilled and may
 2809  remove the designation of the Florida Keys as an area of
 2810  critical state concern. If the commission removes the
 2811  designation, it shall initiate rulemaking to repeal any rules
 2812  relating such designation within 60 days. If, after receipt of
 2813  the state land planning agency’s report and recommendation, the
 2814  commission finds that the requirements for recommending removal
 2815  of designation have not been met, the commission shall provide a
 2816  written report to the local governments within 30 days after
 2817  making such a finding detailing the tasks that must be completed
 2818  by the local government.
 2819         (c) For purposes of this subsection, the term “work
 2820  program” means the 10-year work program as set forth in rule 28
 2821  20.110, Florida Administrative Code, on January 1, 2006,
 2822  excluding amendments to the work program that take effect after
 2823  January 1, 2006.
 2824         (d) The determination of the Administration Commission’s
 2825  determination concerning the removal of the designation of the
 2826  Florida Keys as an area of critical state concern Commission as
 2827  to whether substantial progress has been made toward
 2828  accomplishing the tasks of the work program may be judicially
 2829  reviewed pursuant to chapter 120 86. All proceedings shall be
 2830  conducted by the Division of Administrative Hearings and must be
 2831  initiated within 30 days after the commission issues its
 2832  determination in the circuit court of the judicial circuit where
 2833  the Administration Commission maintains its headquarters and
 2834  shall be initiated within 30 days after rendition of the
 2835  Administration Commission’s determination. The Administration
 2836  Commission’s determination as to whether substantial progress
 2837  has been made toward accomplishing the tasks of the work program
 2838  shall be upheld if it is supported by competent and substantial
 2839  evidence and shall not be subject to administrative review under
 2840  chapter 120.
 2841         (e) After removal of the designation of the Florida Keys as
 2842  an area of critical state concern, the state land planning
 2843  agency shall review proposed local comprehensive plans, and any
 2844  amendments to existing comprehensive plans, which are applicable
 2845  to the Florida Keys Area, the boundaries of which were described
 2846  in chapter 28-29, Florida Administrative Code, as of January 1,
 2847  2006, for compliance with subparagraphs 1. and 2., in addition
 2848  to reviewing proposed local comprehensive plans and amendments
 2849  for compliance as defined in s. 163.3184. All procedures and
 2850  penalties described in s. 163.3184 apply to the review conducted
 2851  pursuant to this paragraph.
 2852         1. Adoption of construction schedules for wastewater
 2853  facilities improvements in the annually adopted capital
 2854  improvements element and adoption of standards for the
 2855  construction of wastewater treatment facilities which meet or
 2856  exceed the criteria of chapter 99-395, Laws of Florida.
 2857         2. Adoption of goals, objectives, and policies to protect
 2858  public safety and welfare in the event of a natural disaster by
 2859  maintaining a hurricane evacuation clearance time for permanent
 2860  residents of no more than 24 hours. The hurricane evacuation
 2861  clearance time shall be determined by a hurricane evacuation
 2862  study conducted in accordance with a professionally accepted
 2863  methodology and approved by the state land planning agency.
 2864         (f) The Administration Commission may adopt rules or revise
 2865  existing rules as necessary to administer this subsection.
 2866         (7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional,
 2867  and local agencies and units of government in the Florida Keys
 2868  Area shall coordinate their plans and conduct their programs and
 2869  regulatory activities consistent with the principles for guiding
 2870  development as specified set forth in chapter 27F-8, Florida
 2871  Administrative Code, as amended effective August 23, 1984, which
 2872  chapter is hereby adopted and incorporated herein by reference.
 2873  For the purposes of reviewing the consistency of the adopted
 2874  plan, or any amendments to that plan, with the principles for
 2875  guiding development, and any amendments to the principles, the
 2876  principles shall be construed as a whole and no specific
 2877  provisions may not provision shall be construed or applied in
 2878  isolation from the other provisions. However, the principles for
 2879  guiding development as set forth in chapter 27F-8, Florida
 2880  Administrative Code, as amended effective August 23, 1984, are
 2881  repealed 18 months from July 1, 1986. After repeal, the
 2882  following shall be the principles with which any plan amendments
 2883  must be consistent with the following principles:
 2884         (a) Strengthening To strengthen local government
 2885  capabilities for managing land use and development so that local
 2886  government is able to achieve these objectives without
 2887  continuing the continuation of the area of critical state
 2888  concern designation.
 2889         (b) Protecting To protect shoreline and marine resources,
 2890  including mangroves, coral reef formations, seagrass beds,
 2891  wetlands, fish and wildlife, and their habitat.
 2892         (c) Protecting To protect upland resources, tropical
 2893  biological communities, freshwater wetlands, native tropical
 2894  vegetation (for example, hardwood hammocks and pinelands), dune
 2895  ridges and beaches, wildlife, and their habitat.
 2896         (d) Ensuring To ensure the maximum well-being of the
 2897  Florida Keys and its citizens through sound economic
 2898  development.
 2899         (e) Limiting To limit the adverse impacts of development on
 2900  the quality of water throughout the Florida Keys.
 2901         (f) Enhancing To enhance natural scenic resources,
 2902  promoting promote the aesthetic benefits of the natural
 2903  environment, and ensuring ensure that development is compatible
 2904  with the unique historic character of the Florida Keys.
 2905         (g) Protecting To protect the historical heritage of the
 2906  Florida Keys.
 2907         (h) Protecting To protect the value, efficiency, cost
 2908  effectiveness, and amortized life of existing and proposed major
 2909  public investments, including:
 2910         1. The Florida Keys Aqueduct and water supply facilities;
 2911         2. Sewage collection, treatment, and disposal facilities;
 2912         3. Solid waste treatment, collection, and disposal
 2913  facilities;
 2914         4. Key West Naval Air Station and other military
 2915  facilities;
 2916         5. Transportation facilities;
 2917         6. Federal parks, wildlife refuges, and marine sanctuaries;
 2918         7. State parks, recreation facilities, aquatic preserves,
 2919  and other publicly owned properties;
 2920         8. City electric service and the Florida Keys Electric Co
 2921  op; and
 2922         9. Other utilities, as appropriate.
 2923         (i) Protecting and improving water quality by providing for
 2924  the construction, operation, maintenance, and replacement of
 2925  stormwater management facilities; central sewage collection;
 2926  treatment and disposal facilities; and the installation and
 2927  proper operation and maintenance of onsite sewage treatment and
 2928  disposal systems.
 2929         (j) Ensuring the improvement of nearshore water quality by
 2930  requiring the construction and operation of wastewater
 2931  management facilities that meet the requirements of ss.
 2932  381.0065(4)(l) and 403.086(10), as applicable, and by directing
 2933  growth to areas served by central wastewater treatment
 2934  facilities through permit allocation systems.
 2935         (k)(i)Limiting To limit the adverse impacts of public
 2936  investments on the environmental resources of the Florida Keys.
 2937         (l)(j)Making To make available adequate affordable housing
 2938  for all sectors of the population of the Florida Keys.
 2939         (m)(k)Providing To provide adequate alternatives for the
 2940  protection of public safety and welfare in the event of a
 2941  natural or manmade disaster and for a postdisaster
 2942  reconstruction plan.
 2943         (n)(l)Protecting To protect the public health, safety, and
 2944  welfare of the citizens of the Florida Keys and maintain the
 2945  Florida Keys as a unique Florida resource.
 2946         (9) MODIFICATION TO PLANS AND REGULATIONS.—
 2947         (a) Any land development regulation or element of a local
 2948  comprehensive plan in the Florida Keys Area may be enacted,
 2949  amended, or rescinded by a local government, but the enactment,
 2950  amendment, or rescission becomes shall become effective only
 2951  upon the approval thereof by the state land planning agency. The
 2952  state land planning agency shall review the proposed change to
 2953  determine if it is in compliance with the principles for guiding
 2954  development specified set forth in chapter 27F-8, Florida
 2955  Administrative Code, as amended effective August 23, 1984, and
 2956  must shall either approve or reject the requested changes within
 2957  60 days after of receipt thereof. Amendments to local
 2958  comprehensive plans in the Florida Keys Area must also be
 2959  reviewed for compliance with the following:
 2960         1. Construction schedules and detailed capital financing
 2961  plans for wastewater management improvements in the annually
 2962  adopted capital improvements element, and standards for the
 2963  construction of wastewater treatment and disposal facilities or
 2964  collection systems that meet or exceed the criteria in s.
 2965  403.086(10) for wastewater treatment and disposal facilities or
 2966  s. 381.0065(4)(l) for onsite sewage treatment and disposal
 2967  systems.
 2968         2. Goals, objectives, and policies to protect public safety
 2969  and welfare in the event of a natural disaster by maintaining a
 2970  hurricane evacuation clearance time for permanent residents of
 2971  no more than 24 hours. The hurricane evacuation clearance time
 2972  shall be determined by a hurricane evacuation study conducted in
 2973  accordance with a professionally accepted methodology and
 2974  approved by the state land planning agency.
 2975         (b)Further, The state land planning agency, after
 2976  consulting with the appropriate local government, may, no more
 2977  often than once per a year, recommend to the Administration
 2978  Commission the enactment, amendment, or rescission of a land
 2979  development regulation or element of a local comprehensive plan.
 2980  Within 45 days following the receipt of such recommendation by
 2981  the state land planning agency, the commission shall reject the
 2982  recommendation, or accept it with or without modification and
 2983  adopt it, by rule, including any changes. Any Such local
 2984  development regulation or plan must shall be in compliance with
 2985  the principles for guiding development.
 2986         Section 35. Subsection (1) and paragraph (l) of subsection
 2987  (4) of section 381.0065, Florida Statutes are amended, present
 2988  subsection (5) of that section is renumbered as subsection (6),
 2989  and new subsections (5) and (7) are added to that section, to
 2990  read:
 2991         381.0065 Onsite sewage treatment and disposal systems;
 2992  regulation.—
 2993         (1) LEGISLATIVE INTENT.— 
 2994         (a) It is the intent of the Legislature that proper
 2995  management of onsite sewage treatment and disposal systems is
 2996  paramount to the health, safety, and welfare of the public. It
 2997  is further the intent of the Legislature that the department
 2998  shall administer an evaluation program to ensure the operational
 2999  condition of the system and identify any failure with the
 3000  system.
 3001         (b) It is the intent of the Legislature that where a
 3002  publicly owned or investor-owned sewerage system is not
 3003  available, the department shall issue permits for the
 3004  construction, installation, modification, abandonment, or repair
 3005  of onsite sewage treatment and disposal systems under conditions
 3006  as described in this section and rules adopted under this
 3007  section. It is further the intent of the Legislature that the
 3008  installation and use of onsite sewage treatment and disposal
 3009  systems not adversely affect the public health or significantly
 3010  degrade the groundwater or surface water.
 3011         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
 3012  construct, repair, modify, abandon, or operate an onsite sewage
 3013  treatment and disposal system without first obtaining a permit
 3014  approved by the department. The department may issue permits to
 3015  carry out this section, but shall not make the issuance of such
 3016  permits contingent upon prior approval by the Department of
 3017  Environmental Protection, except that the issuance of a permit
 3018  for work seaward of the coastal construction control line
 3019  established under s. 161.053 shall be contingent upon receipt of
 3020  any required coastal construction control line permit from the
 3021  Department of Environmental Protection. A construction permit is
 3022  valid for 18 months from the issuance date and may be extended
 3023  by the department for one 90-day period under rules adopted by
 3024  the department. A repair permit is valid for 90 days from the
 3025  date of issuance. An operating permit must be obtained prior to
 3026  the use of any aerobic treatment unit or if the establishment
 3027  generates commercial waste. Buildings or establishments that use
 3028  an aerobic treatment unit or generate commercial waste shall be
 3029  inspected by the department at least annually to assure
 3030  compliance with the terms of the operating permit. The operating
 3031  permit for a commercial wastewater system is valid for 1 year
 3032  from the date of issuance and must be renewed annually. The
 3033  operating permit for an aerobic treatment unit is valid for 2
 3034  years from the date of issuance and must be renewed every 2
 3035  years. If all information pertaining to the siting, location,
 3036  and installation conditions or repair of an onsite sewage
 3037  treatment and disposal system remains the same, a construction
 3038  or repair permit for the onsite sewage treatment and disposal
 3039  system may be transferred to another person, if the transferee
 3040  files, within 60 days after the transfer of ownership, an
 3041  amended application providing all corrected information and
 3042  proof of ownership of the property. There is no fee associated
 3043  with the processing of this supplemental information. A person
 3044  may not contract to construct, modify, alter, repair, service,
 3045  abandon, or maintain any portion of an onsite sewage treatment
 3046  and disposal system without being registered under part III of
 3047  chapter 489. A property owner who personally performs
 3048  construction, maintenance, or repairs to a system serving his or
 3049  her own owner-occupied single-family residence is exempt from
 3050  registration requirements for performing such construction,
 3051  maintenance, or repairs on that residence, but is subject to all
 3052  permitting requirements. A municipality or political subdivision
 3053  of the state may not issue a building or plumbing permit for any
 3054  building that requires the use of an onsite sewage treatment and
 3055  disposal system unless the owner or builder has received a
 3056  construction permit for such system from the department. A
 3057  building or structure may not be occupied and a municipality,
 3058  political subdivision, or any state or federal agency may not
 3059  authorize occupancy until the department approves the final
 3060  installation of the onsite sewage treatment and disposal system.
 3061  A municipality or political subdivision of the state may not
 3062  approve any change in occupancy or tenancy of a building that
 3063  uses an onsite sewage treatment and disposal system until the
 3064  department has reviewed the use of the system with the proposed
 3065  change, approved the change, and amended the operating permit.
 3066         (l) For the Florida Keys, the department shall adopt a
 3067  special rule for the construction, installation, modification,
 3068  operation, repair, maintenance, and performance of onsite sewage
 3069  treatment and disposal systems which considers the unique soil
 3070  conditions and which considers water table elevations,
 3071  densities, and setback requirements. On lots where a setback
 3072  distance of 75 feet from surface waters, saltmarsh, and
 3073  buttonwood association habitat areas cannot be met, an injection
 3074  well, approved and permitted by the department, may be used for
 3075  disposal of effluent from onsite sewage treatment and disposal
 3076  systems. The following additional requirements apply to onsite
 3077  sewage treatment and disposal systems in Monroe County:
 3078         1. The county, each municipality, and those special
 3079  districts established for the purpose of the collection,
 3080  transmission, treatment, or disposal of sewage shall ensure, in
 3081  accordance with the specific schedules adopted by the
 3082  Administration Commission under s. 380.0552, the completion of
 3083  onsite sewage treatment and disposal system upgrades to meet the
 3084  requirements of this paragraph.
 3085         2. Onsite sewage treatment and disposal systems must cease
 3086  discharge by December 31, 2015, or must comply with department
 3087  rules and provide the level of treatment which, on a permitted
 3088  annual average basis, produces an effluent that contains no more
 3089  than the following concentrations:
 3090         a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
 3091         b. Suspended Solids of 10 mg/l.
 3092         c. Total Nitrogen, expressed as N, of 10 mg/l.
 3093         d. Total Phosphorus, expressed as P, of 1 mg/l.
 3094  
 3095  In addition, onsite sewage treatment and disposal systems
 3096  discharging to an injection well must provide basic disinfection
 3097  as defined by department rule.
 3098         3. On or after July 1, 2010, all new, modified, and
 3099  repaired onsite sewage treatment and disposal systems must
 3100  provide the level of treatment described in subparagraph 2.
 3101  However, in areas scheduled to be served by central sewer by
 3102  December 31, 2015, if the property owner has paid a connection
 3103  fee or assessment for connection to the central sewer system, an
 3104  onsite sewage treatment and disposal system may be repaired to
 3105  the following minimum standards:
 3106         a. The existing tanks must be pumped and inspected and
 3107  certified as being watertight and free of defects in accordance
 3108  with department rule; and
 3109         b. A sand-lined drainfield or injection well in accordance
 3110  with department rule must be installed.
 3111         4. Onsite sewage treatment and disposal systems must be
 3112  monitored for total nitrogen and total phosphorus concentrations
 3113  as required by department rule.
 3114         5. The department shall enforce proper installation,
 3115  operation, and maintenance of onsite sewage treatment and
 3116  disposal systems pursuant to this chapter, including ensuring
 3117  that the appropriate level of treatment described in
 3118  subparagraph 2. is met.
 3119         6.The authority of a local government, including a special
 3120  district, to mandate connection of an onsite sewage treatment
 3121  and disposal system is governed by section 4 of chapter 99-395,
 3122  Laws of Florida.
 3123         (5) EVALUATION AND ASSESSMENT.—
 3124         (a) Beginning January 1, 2011, the department shall
 3125  administer an onsite sewage treatment and disposal system
 3126  evaluation program for the purpose of assessing the fundamental
 3127  operational condition of systems and identifying any failures
 3128  within the systems. The department shall adopt rules
 3129  implementing the program standards, procedures, and
 3130  requirements, including, but not limited to, a schedule for a 5
 3131  year evaluation cycle, requirements for the pump-out of a system
 3132  or repair of a failing system, enforcement procedures for
 3133  failure of a system owner to obtain an evaluation of the system,
 3134  and failure of a contractor to timely submit evaluation results
 3135  to the department and the system owner. The department shall
 3136  ensure statewide implementation of the evaluation and assessment
 3137  program by January 1, 2016.
 3138         (b) Owners of an onsite sewage treatment and disposal
 3139  system, excluding a system that is required to obtain an
 3140  operating permit, shall have the system evaluated at least once
 3141  every 5 years to assess the fundamental operational condition of
 3142  the system, and identify any failure within the system.
 3143         (c) All evaluation procedures must be documented and
 3144  nothing in this subsection limits the amount of detail an
 3145  evaluator may provide at his or her professional discretion. The
 3146  evaluation must include a tank and drainfield evaluation, a
 3147  written assessment of the condition of the system, and, if
 3148  necessary, a disclosure statement pursuant to the department’s
 3149  procedure.
 3150         (d)1.Systems being evaluated that were installed prior to
 3151  January 1, 1983, shall meet a minimum 6-inch separation from the
 3152  bottom of the drainfield to the wettest season water table
 3153  elevation as defined by department rule. All drainfield repairs,
 3154  replacements or modifications to systems installed prior to
 3155  January 1, 1983, shall meet a minimum 12-inch separation from
 3156  the bottom of the drainfield to the wettest season water table
 3157  elevation as defined by department rule.
 3158         2. Systems being evaluated that were installed on or after
 3159  January 1, 1983, shall meet a minimum 12-inch separation from
 3160  the bottom of the drainfield to the wettest season water table
 3161  elevation as defined by department rule. All drainfield repairs,
 3162  replacements or modification to systems developed on or after
 3163  January 1, 1983, shall meet a minimum 24-inch separation from
 3164  the bottom of the drainfield to the wettest season water table
 3165  elevation.
 3166         (e) If documentation of a tank pump-out or a permitted new
 3167  installation, repair, or modification of the system within the
 3168  previous 5 years is provided, and states the capacity of the
 3169  tank and indicates that the condition of the tank is not a
 3170  sanitary or public health nuisance pursuant to department rule,
 3171  a pump-out of the system is not required.
 3172         (f) Owners are responsible for paying the cost of any
 3173  required pump-out, repair, or replacement pursuant to department
 3174  rule, and may not request partial evaluation or the omission of
 3175  portions of the evaluation.
 3176         (g) Each evaluation or pump-out required under this
 3177  subsection must be performed by a septic tank contractor or
 3178  master septic tank contractor registered under part III of
 3179  chapter 489, a professional engineer with wastewater treatment
 3180  system experience licensed pursuant to chapter 471, or an
 3181  environmental health professional certified under chapter 381 in
 3182  the area of onsite sewage treatment and disposal system
 3183  evaluation.
 3184         (h) The evaluation report fee collected pursuant to s.
 3185  381.0066(2)(b) shall be remitted to the department by the
 3186  evaluator at the time the report is submitted.
 3187         (i) Prior to any evaluation deadline, the department must
 3188  provide a minimum of 60 days’ notice to owners that their
 3189  systems must be evaluated by that deadline. The department may
 3190  include a copy of any homeowner educational materials developed
 3191  pursuant to this section which provides information on the
 3192  proper maintenance of onsite sewage treatment and disposal
 3193  systems.
 3194         (6)(5) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.—
 3195         (a) Department personnel who have reason to believe
 3196  noncompliance exists, may at any reasonable time, enter the
 3197  premises permitted under ss. 381.0065-381.0066, or the business
 3198  premises of any septic tank contractor or master septic tank
 3199  contractor registered under part III of chapter 489, or any
 3200  premises that the department has reason to believe is being
 3201  operated or maintained not in compliance, to determine
 3202  compliance with the provisions of this section, part I of
 3203  chapter 386, or part III of chapter 489 or rules or standards
 3204  adopted under ss. 381.0065-381.0067, part I of chapter 386, or
 3205  part III of chapter 489. As used in this paragraph, the term
 3206  “premises” does not include a residence or private building. To
 3207  gain entry to a residence or private building, the department
 3208  must obtain permission from the owner or occupant or secure an
 3209  inspection warrant from a court of competent jurisdiction.
 3210         (b)1. The department may issue citations that may contain
 3211  an order of correction or an order to pay a fine, or both, for
 3212  violations of ss. 381.0065-381.0067, part I of chapter 386, or
 3213  part III of chapter 489 or the rules adopted by the department,
 3214  when a violation of these sections or rules is enforceable by an
 3215  administrative or civil remedy, or when a violation of these
 3216  sections or rules is a misdemeanor of the second degree. A
 3217  citation issued under ss. 381.0065-381.0067, part I of chapter
 3218  386, or part III of chapter 489 constitutes a notice of proposed
 3219  agency action.
 3220         2. A citation must be in writing and must describe the
 3221  particular nature of the violation, including specific reference
 3222  to the provisions of law or rule allegedly violated.
 3223         3. The fines imposed by a citation issued by the department
 3224  may not exceed $500 for each violation. Each day the violation
 3225  exists constitutes a separate violation for which a citation may
 3226  be issued.
 3227         4. The department shall inform the recipient, by written
 3228  notice pursuant to ss. 120.569 and 120.57, of the right to an
 3229  administrative hearing to contest the citation within 21 days
 3230  after the date the citation is received. The citation must
 3231  contain a conspicuous statement that if the recipient fails to
 3232  pay the fine within the time allowed, or fails to appear to
 3233  contest the citation after having requested a hearing, the
 3234  recipient has waived the recipient’s right to contest the
 3235  citation and must pay an amount up to the maximum fine.
 3236         5. The department may reduce or waive the fine imposed by
 3237  the citation. In determining whether to reduce or waive the
 3238  fine, the department must consider the gravity of the violation,
 3239  the person’s attempts at correcting the violation, and the
 3240  person’s history of previous violations including violations for
 3241  which enforcement actions were taken under ss. 381.0065
 3242  381.0067, part I of chapter 386, part III of chapter 489, or
 3243  other provisions of law or rule.
 3244         6. Any person who willfully refuses to sign and accept a
 3245  citation issued by the department commits a misdemeanor of the
 3246  second degree, punishable as provided in s. 775.082 or s.
 3247  775.083.
 3248         7. The department, pursuant to ss. 381.0065-381.0067, part
 3249  I of chapter 386, or part III of chapter 489, shall deposit any
 3250  fines it collects in the county health department trust fund for
 3251  use in providing services specified in those sections.
 3252         8. This section provides an alternative means of enforcing
 3253  ss. 381.0065-381.0067, part I of chapter 386, and part III of
 3254  chapter 489. This section does not prohibit the department from
 3255  enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
 3256  III of chapter 489, or its rules, by any other means. However,
 3257  the department must elect to use only a single method of
 3258  enforcement for each violation.
 3259         (7)LAND APPLICATION OF SEPTAGE PROHIBITED.—Effective
 3260  January 1, 2016, the land application of septage from onsite
 3261  sewage treatment and disposal systems is prohibited. By February
 3262  1, 2011, the department, in consultation with the Department of
 3263  Environmental Protection, shall provide a report to the
 3264  Governor, the President of the Senate, and the Speaker of the
 3265  House of Representatives, recommending alternative methods to
 3266  establish enhanced treatment levels for the land application of
 3267  septage from onsite sewage and disposal systems. The report
 3268  shall include, but is not limited to, a schedule for the
 3269  reduction in land application, appropriate treatment levels,
 3270  alternative methods for treatment and disposal, enhanced
 3271  application site permitting requirements including any
 3272  requirements for nutrient management plans, and the range of
 3273  costs to local governments, affected businesses and individuals
 3274  for alternative treatment and disposal methods. The report shall
 3275  also include any recommendations for legislation or rule
 3276  authority needed to reduce land application of septage.
 3277         Section 36. Section 381.00656, Florida Statutes, is created
 3278  to read:
 3279         381.00656 Grant program for repair of onsite sewage
 3280  treatment disposal systems.—Effective January 1, 2012, the
 3281  department shall administer a grant program to assist owners of
 3282  onsite sewage treatment and disposal systems identified pursuant
 3283  to s. 381.0065 or the rules adopted thereunder. A grant under
 3284  the program may be awarded to an owner only for the purpose of
 3285  inspecting, pumping, repairing, or replacing a system serving a
 3286  single-family residence occupied by an owner with a family
 3287  income of less than or equal to 133 percent of the federal
 3288  poverty level at the time of application. The department may
 3289  prioritize applications for an award of grant funds based upon
 3290  the severity of a system’s failure, its relative environmental
 3291  impact, the income of the family, or any combination thereof.
 3292  The department shall adopt rules establishing the grant
 3293  application and award process, including an application form.
 3294  The department shall seek to make grants in each fiscal year
 3295  equal to the total amount of grant funds available, with any
 3296  excess funds used for grant awards in subsequent fiscal years.
 3297         Section 37. Subsection (2) of section 381.0066, Florida
 3298  Statutes, is amended to read:
 3299         381.0066 Onsite sewage treatment and disposal systems;
 3300  fees.—
 3301         (2) The minimum fees in the following fee schedule apply
 3302  until changed by rule by the department within the following
 3303  limits:
 3304         (a) Application review, permit issuance, or system
 3305  inspection, including repair of a subsurface, mound, filled, or
 3306  other alternative system or permitting of an abandoned system: a
 3307  fee of not less than $25, or more than $125.
 3308         (b) A 5-year evaluation report submitted pursuant to s.
 3309  381.0065(5): a fee not less than $15, or more than $30. At least
 3310  $1 and no more than $5 collected pursuant to this paragraph
 3311  shall be used to fund a grant program established under s.
 3312  381.00656.
 3313         (c)(b) Site evaluation, site reevaluation, evaluation of a
 3314  system previously in use, or a per annum septage disposal site
 3315  evaluation: a fee of not less than $40, or more than $115.
 3316         (d)(c) Biennial Operating permit for aerobic treatment
 3317  units or performance-based treatment systems: a fee of not more
 3318  than $100.
 3319         (e)(d) Annual operating permit for systems located in areas
 3320  zoned for industrial manufacturing or equivalent uses or where
 3321  the system is expected to receive wastewater which is not
 3322  domestic in nature: a fee of not less than $150, or more than
 3323  $300.
 3324         (f)(e) Innovative technology: a fee not to exceed $25,000.
 3325         (g)(f) Septage disposal service, septage stabilization
 3326  facility, portable or temporary toilet service, tank
 3327  manufacturer inspection: a fee of not less than $25, or more
 3328  than $200, per year.
 3329         (h)(g) Application for variance: a fee of not less than
 3330  $150, or more than $300.
 3331         (i)(h) Annual operating permit for waterless, incinerating,
 3332  or organic waste composting toilets: a fee of not less than $50,
 3333  or more than $150.
 3334         (j)(i) Aerobic treatment unit or performance-based
 3335  treatment system maintenance entity permit: a fee of not less
 3336  than $25, or more than $150, per year.
 3337         (k)(j) Reinspection fee per visit for site inspection after
 3338  system construction approval or for noncompliant system
 3339  installation per site visit: a fee of not less than $25, or more
 3340  than $100.
 3341         (l)(k) Research: An additional $5 fee shall be added to
 3342  each new system construction permit issued to be used to fund
 3343  onsite sewage treatment and disposal system research,
 3344  demonstration, and training projects. Five dollars from any
 3345  repair permit fee collected under this section shall be used for
 3346  funding the hands-on training centers described in s.
 3347  381.0065(3)(j).
 3348         (m)(l) Annual operating permit, including annual inspection
 3349  and any required sampling and laboratory analysis of effluent,
 3350  for an engineer-designed performance-based system: a fee of not
 3351  less than $150, or more than $300.
 3352  
 3353  On or before January 1, 2011, the Surgeon General, after
 3354  consultation with the Revenue Estimating Conference, shall
 3355  determine a revenue neutral fee schedule for services provided
 3356  pursuant to s. 381.0065(5) within the parameters set in
 3357  paragraph (b). Such determination is not subject to the
 3358  provisions of chapter 120. The funds collected pursuant to this
 3359  subsection must be deposited in a trust fund administered by the
 3360  department, to be used for the purposes stated in this section
 3361  and ss. 381.0065 and 381.00655.
 3362         Section 38. Subsection (9) of section 403.086, Florida
 3363  Statutes, is amended, and subsection (10) is added to that
 3364  section, to read:
 3365         403.086 Sewage disposal facilities; advanced and secondary
 3366  waste treatment.—
 3367         (9) The Legislature finds that the discharge of domestic
 3368  wastewater through ocean outfalls wastes valuable water supplies
 3369  that should be reclaimed for beneficial purposes to meet public
 3370  and natural systems demands. The Legislature also finds that
 3371  discharge of domestic wastewater through ocean outfalls
 3372  compromises the coastal environment, quality of life, and local
 3373  economies that depend on those resources. The Legislature
 3374  declares that more stringent treatment and management
 3375  requirements for such domestic wastewater and the subsequent,
 3376  timely elimination of ocean outfalls as a primary means of
 3377  domestic wastewater discharge are in the public interest.
 3378         (a) The construction of new ocean outfalls for domestic
 3379  wastewater discharge and the expansion of existing ocean
 3380  outfalls for this purpose, along with associated pumping and
 3381  piping systems, are prohibited. Each domestic wastewater ocean
 3382  outfall shall be limited to the discharge capacity specified in
 3383  the department permit authorizing the outfall in effect on July
 3384  1, 2008, which discharge capacity shall not be increased.
 3385  Maintenance of existing, department-authorized domestic
 3386  wastewater ocean outfalls and associated pumping and piping
 3387  systems is allowed, subject to the requirements of this section.
 3388  The department is directed to work with the United States
 3389  Environmental Protection Agency to ensure that the requirements
 3390  of this subsection are implemented consistently for all domestic
 3391  wastewater facilities in Florida which discharge through ocean
 3392  outfalls.
 3393         (b) The discharge of domestic wastewater through ocean
 3394  outfalls shall meet advanced wastewater treatment and management
 3395  requirements no later than December 31, 2018. For purposes of
 3396  this subsection, the term “advanced wastewater treatment and
 3397  management requirements” means the advanced waste treatment
 3398  requirements set forth in subsection (4), a reduction in outfall
 3399  baseline loadings of total nitrogen and total phosphorus which
 3400  is equivalent to that which would be achieved by the advanced
 3401  waste treatment requirements in subsection (4), or a reduction
 3402  in cumulative outfall loadings of total nitrogen and total
 3403  phosphorus occurring between December 31, 2008, and December 31,
 3404  2025, which is equivalent to that which would be achieved if the
 3405  advanced waste treatment requirements in subsection (4) were
 3406  fully implemented beginning December 31, 2018, and continued
 3407  through December 31, 2025. The department shall establish the
 3408  average baseline loadings of total nitrogen and total phosphorus
 3409  for each outfall using monitoring data available for calendar
 3410  years 2003 through 2007 and shall establish required loading
 3411  reductions based on this baseline. The baseline loadings and
 3412  required loading reductions of total nitrogen and total
 3413  phosphorus shall be expressed as an average annual daily loading
 3414  value. The advanced wastewater treatment and management
 3415  requirements of this paragraph shall be deemed to be met for any
 3416  domestic wastewater facility discharging through an ocean
 3417  outfall on July 1, 2008, which has installed no later than
 3418  December 31, 2018, a fully operational reuse system comprising
 3419  100 percent of the facility’s annual average daily flow for
 3420  reuse activities authorized by the department.
 3421         (c) Each domestic wastewater facility that discharges
 3422  through an ocean outfall on July 1, 2008, shall install a
 3423  functioning reuse system no later than December 31, 2025. For
 3424  purposes of this subsection, a “functioning reuse system” means
 3425  an environmentally, economically, and technically feasible
 3426  system that provides a minimum of 60 percent of the facility’s
 3427  actual flow on an annual basis for irrigation of public access
 3428  areas, residential properties, or agricultural crops; aquifer
 3429  recharge; groundwater recharge; industrial cooling; or other
 3430  acceptable reuse purposes authorized by the department. For
 3431  purposes of this subsection, the term “facility’s actual flow on
 3432  an annual basis” means the annual average flow of domestic
 3433  wastewater discharging through the facility’s ocean outfall, as
 3434  determined by the department, using monitoring data available
 3435  for calendar years 2003 through 2007. Flows diverted Diversion
 3436  of flows from these facilities to other facilities that provide
 3437  100 percent reuse of the diverted flows prior to December 31,
 3438  2025, shall be considered to contribute to meeting the 60
 3439  percent 60-percent reuse requirement. For utilities operating
 3440  more than one outfall, the reuse requirement can be met if the
 3441  combined actual reuse flows from facilities served by the
 3442  outfalls is at least 60 percent of the sum of the total actual
 3443  flows from the these facilities, including flows diverted to
 3444  other facilities for 100 percent reuse prior to December 31,
 3445  2025. In the event treatment in addition to the advanced
 3446  wastewater treatment and management requirements described in
 3447  paragraph (b) is needed in order to support a functioning reuse
 3448  system, such treatment shall be fully operational no later than
 3449  December 31, 2025.
 3450         (d) The discharge of domestic wastewater through ocean
 3451  outfalls is prohibited after December 31, 2025, except as a
 3452  backup discharge that is part of a functioning reuse system
 3453  authorized by the department as provided for in paragraph (c). A
 3454  backup discharge may occur only during periods of reduced demand
 3455  for reclaimed water in the reuse system, such as periods of wet
 3456  weather, and shall comply with the advanced wastewater treatment
 3457  and management requirements of paragraph (b).
 3458         (e) The holder of a department permit authorizing the
 3459  discharge of domestic wastewater through an ocean outfall as of
 3460  July 1, 2008, shall submit to the secretary of the department
 3461  the following:
 3462         1. A detailed plan to meet the requirements of this
 3463  subsection, including an identification of all land acquisition
 3464  and facilities necessary to provide for reuse of the domestic
 3465  wastewater; an analysis of the costs to meet the requirements;
 3466  and a financing plan for meeting the requirements, including
 3467  identifying any actions necessary to implement the financing
 3468  plan, such as bond issuance or other borrowing, assessments,
 3469  rate increases, fees, other charges, or other financing
 3470  mechanisms. The plan shall include a detailed schedule for the
 3471  completion of all necessary actions and shall be accompanied by
 3472  supporting data and other documentation. The plan shall be
 3473  submitted no later than July 1, 2013.
 3474         2. No later than July 1, 2016, an update of the plan
 3475  required in subparagraph 1. documenting any refinements or
 3476  changes in the costs, actions, or financing necessary to
 3477  eliminate the ocean outfall discharge in accordance with this
 3478  subsection or a written statement that the plan is current and
 3479  accurate.
 3480         (f) By December 31, 2009, and by December 31 every 5 years
 3481  thereafter, the holder of a department permit authorizing the
 3482  discharge of domestic wastewater through an ocean outfall shall
 3483  submit to the secretary of the department a report summarizing
 3484  the actions accomplished to date and the actions remaining and
 3485  proposed to meet the requirements of this subsection, including
 3486  progress toward meeting the specific deadlines set forth in
 3487  paragraphs (b) through (e). The report shall include the
 3488  detailed schedule for and status of the evaluation of reuse and
 3489  disposal options, preparation of preliminary design reports,
 3490  preparation and submittal of permit applications, construction
 3491  initiation, construction progress milestones, construction
 3492  completion, initiation of operation, and continuing operation
 3493  and maintenance.
 3494         (g) No later than July 1, 2010, and by July 1 every 5 years
 3495  thereafter, the department shall submit a report to the
 3496  Governor, the President of the Senate, and the Speaker of the
 3497  House of Representatives on the implementation of this
 3498  subsection. The report shall summarize progress to date,
 3499  including the increased amount of reclaimed water provided and
 3500  potable water offsets achieved, and identify any obstacles to
 3501  continued progress, including all instances of substantial
 3502  noncompliance.
 3503         (h) By February 1, 2012, the department shall submit a
 3504  report to the Governor and Legislature detailing the results and
 3505  recommendations from phases 1 through 3 of its ongoing study on
 3506  reclaimed water use.
 3507         (i)(h) The renewal of each permit that authorizes the
 3508  discharge of domestic wastewater through an ocean outfall as of
 3509  July 1, 2008, shall be accompanied by an order in accordance
 3510  with s. 403.088(2)(e) and (f) which establishes an enforceable
 3511  compliance schedule consistent with the requirements of this
 3512  subsection.
 3513         (j) An entity that diverts wastewater flow from a receiving
 3514  facility that discharges domestic wastewater through an ocean
 3515  outfall must meet the 60 percent reuse requirement of paragraph
 3516  (c). Reuse by the diverting entity of the diverted flows shall
 3517  be credited to the diverting entity. The diverted flow shall
 3518  also be correspondingly deducted from the receiving facility’s
 3519  actual flow on an annual basis from which the required reuse is
 3520  calculated pursuant to paragraph (c), and the receiving
 3521  facility’s reuse requirement shall be recalculated accordingly.
 3522         (10) The Legislature finds that the discharge of
 3523  inadequately treated and managed domestic wastewater from dozens
 3524  of small wastewater facilities and thousands of septic tanks and
 3525  other onsite systems in the Florida Keys compromises the quality
 3526  of the coastal environment, including nearshore and offshore
 3527  waters, and threatens the quality of life and local economies
 3528  that depend on those resources. The Legislature also finds that
 3529  the only practical and cost-effective way to fundamentally
 3530  improve wastewater management in the Florida Keys is for the
 3531  local governments in Monroe County, including those special
 3532  districts established for the purpose of collection,
 3533  transmission, treatment, or disposal of sewage, to timely
 3534  complete the wastewater or sewage treatment and disposal
 3535  facilities initiated under the work program of Administration
 3536  Commission rule 28-20, Florida Administrative Code, and the
 3537  Monroe County Sanitary Master Wastewater Plan, dated June 2000.
 3538  The Legislature therefore declares that the construction and
 3539  operation of comprehensive central wastewater systems in
 3540  accordance with this subsection is in the public interest. To
 3541  give effect to those findings, the requirements of this
 3542  subsection apply to all domestic wastewater facilities in Monroe
 3543  County, including privately owned facilities, unless otherwise
 3544  provided under this subsection.
 3545         (a) The discharge of domestic wastewater into surface
 3546  waters is prohibited.
 3547         (b) Monroe County, each municipality, and those special
 3548  districts established for the purpose of collection,
 3549  transmission, treatment, or disposal of sewage in Monroe County
 3550  shall complete the wastewater collection, treatment, and
 3551  disposal facilities within its jurisdiction designated as hot
 3552  spots in the Monroe County Sanitary Master Wastewater Plan,
 3553  dated June 2000, specifically listed in Exhibits 6-1 through 6-3
 3554  of Chapter 6 of the plan and mapped in Exhibit F-1 of Appendix F
 3555  of the plan. The required facilities and connections, and any
 3556  additional facilities or other adjustments required by rules
 3557  adopted by the Administration Commission under s. 380.0552, must
 3558  be completed by December 31, 2015, pursuant to specific
 3559  schedules established by the commission. Domestic wastewater
 3560  facilities located outside local government and special district
 3561  service areas must meet the treatment and disposal requirements
 3562  of this subsection by December 31, 2015.
 3563         (c) After December 31, 2015, all new or expanded domestic
 3564  wastewater discharges must comply with the treatment and
 3565  disposal requirements of this subsection and department rules.
 3566         (d) Wastewater treatment facilities having design
 3567  capacities:
 3568         1. Greater than or equal to 100,000 gallons per day must
 3569  provide basic disinfection as defined by department rule and the
 3570  level of treatment which, on a permitted annual average basis,
 3571  produces an effluent that contains no more than the following
 3572  concentrations:
 3573         a. Biochemical Oxygen Demand (CBOD5) of 5 mg/l.
 3574         b. Suspended Solids of 5 mg/l.
 3575         c. Total Nitrogen, expressed as N, of 3 mg/l.
 3576         d. Total Phosphorus, expressed as P, of 1 mg/l.
 3577         2. Less than 100,000 gallons per day must provide basic
 3578  disinfection as defined by department rule and the level of
 3579  treatment which, on a permitted annual average basis, produces
 3580  an effluent that contains no more than the following
 3581  concentrations:
 3582         a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
 3583         b. Suspended Solids of 10 mg/l.
 3584         c. Total Nitrogen, expressed as N, of 10 mg/l.
 3585         d. Total Phosphorus, expressed as P, of 1 mg/l.
 3586         (e) Class V injection wells, as defined by department or
 3587  Department of Health rule, must meet the following requirements
 3588  and otherwise comply with department or Department of Health
 3589  rules, as applicable:
 3590         1. If the design capacity of the facility is less than 1
 3591  million gallons per day, the injection well must be at least 90
 3592  feet deep and cased to a minimum depth of 60 feet or to such
 3593  greater cased depth and total well depth as may be required by
 3594  department rule.
 3595         2. Except as provided in subparagraph 3. for backup wells,
 3596  if the design capacity of the facility is equal to or greater
 3597  than 1 million gallons per day, each primary injection well must
 3598  be cased to a minimum depth of 2,000 feet or to such greater
 3599  depth as may be required by department rule.
 3600         3. If an injection well is used as a backup to a primary
 3601  injection well, the following conditions apply:
 3602         a. The backup well may be used only when the primary
 3603  injection well is out of service because of equipment failure,
 3604  power failure, or the need for mechanical integrity testing or
 3605  repair;
 3606         b. The backup well may not be used for more than a total of
 3607  500 hours during any 5-year period unless specifically
 3608  authorized in writing by the department;
 3609         c. The backup well must be at least 90 feet deep and cased
 3610  to a minimum depth of 60 feet, or to such greater cased depth
 3611  and total well depth as may be required by department rule; and
 3612         d. Fluid injected into the backup well must meet the
 3613  requirements of paragraph (d).
 3614         (f) The requirements of paragraphs (d) and (e) do not apply
 3615  to:
 3616         1. Class I injection wells as defined by department rule,
 3617  including any authorized mechanical integrity tests;
 3618         2. Authorized mechanical integrity tests associated with
 3619  Class V wells as defined by department rule; or
 3620         3. The following types of reuse systems authorized by
 3621  department rule:
 3622         a. Slow-rate land application systems;
 3623         b. Industrial uses of reclaimed water; and
 3624         c. Use of reclaimed water for toilet flushing, fire
 3625  protection, vehicle washing, construction dust control, and
 3626  decorative water features.
 3627  
 3628  However, disposal systems serving as backups to reuse systems
 3629  must comply with the other provisions of this subsection.
 3630         (g) For wastewater treatment facilities in operation as of
 3631  July 1, 2010, which are located within areas to be served by
 3632  Monroe County, municipalities in Monroe County, or those special
 3633  districts established for the purpose of collection,
 3634  transmission, treatment, or disposal of sewage but which are
 3635  owned by other entities, the requirements of paragraphs (d) and
 3636  (e) do not apply until January 1, 2016. Wastewater operating
 3637  permits issued pursuant to this chapter and in effect for these
 3638  facilities as of June 30, 2010, are extended until December 31,
 3639  2015, or until the facility is connected to a local government
 3640  central wastewater system, whichever occurs first. Wastewater
 3641  treatment facilities in operation after December 31, 2015, must
 3642  comply with the treatment and disposal requirements of this
 3643  subsection and department rules.
 3644         (h) If it is demonstrated that a discharge, even if the
 3645  discharge is otherwise in compliance with this subsection, will
 3646  cause or contribute to a violation of state water quality
 3647  standards, the department shall:
 3648         1. Require more stringent effluent limitations;
 3649         2. Order the point or method of discharge changed;
 3650         3. Limit the duration or volume of the discharge; or
 3651         4. Prohibit the discharge.
 3652         (i) All sewage treatment facilities must monitor effluent
 3653  for total nitrogen and total phosphorus concentration as
 3654  required by department rule.
 3655         (j) The department shall require the levels of operator
 3656  certification and staffing necessary to ensure proper operation
 3657  and maintenance of sewage facilities.
 3658         (k)The department may adopt rules necessary to carry out
 3659  this subsection.
 3660         (l) The authority of a local government, including a
 3661  special district, to mandate connection of a wastewater
 3662  facility, as defined by department rule, is governed by section
 3663  4 of chapter 99-395, Laws of Florida.
 3664         Section 39. Section 5 of chapter 99-395, Laws of Florida;
 3665  and section 6 of chapter 99-395, Laws of Florida, as amended by
 3666  section 1 of chapter 2001-337, and section 1 of chapter 2004
 3667  455, Laws of Florida, are repealed.
 3668         Section 40. Subsection (2) of section 403.1835, Florida
 3669  Statutes, is reordered and amended, and subsections (3) and (10)
 3670  of that section are amended, to read:
 3671         403.1835 Water pollution control financial assistance.—
 3672         (2) As used in For the purposes of this section and s.
 3673  403.1837, the term:
 3674         (c)(a) “Local governmental agencies” refers to any
 3675  municipality, county, district, or authority, or any agency
 3676  thereof, or a combination of two or more of the foregoing,
 3677  acting jointly in connection with a project having jurisdiction
 3678  over collection, transmission, treatment, or disposal of sewage,
 3679  industrial wastes, stormwater, or other wastes and includes a
 3680  district or authority whose the principal responsibility of
 3681  which is to provide airport, industrial or research park, or
 3682  port facilities to the public.
 3683         (a)(b) “Bonds” means bonds, certificates, or other
 3684  obligations of indebtedness issued by the Florida Water
 3685  Pollution Control Financing corporation under this section and
 3686  s. 403.1837.
 3687         (b)(c) “Corporation” means the Florida Water Pollution
 3688  Control Financing Corporation created under s. 403.1837.
 3689         (3) The department may provide financial assistance through
 3690  any program authorized under 33 U.S.C. s. 1383 s.603 of the
 3691  Federal Water Pollution Control Act (Clean Water Act), Pub. L.
 3692  No. 92-500, as amended, including, but not limited to, making
 3693  grants and loans, providing loan guarantees, purchasing loan
 3694  insurance or other credit enhancements, and buying or
 3695  refinancing local debt. This financial assistance must be
 3696  administered in accordance with this section and applicable
 3697  federal authorities. The department shall administer all
 3698  programs operated from funds secured through the activities of
 3699  the Florida Water Pollution Control Financing corporation under
 3700  s. 403.1837, to fulfill the purposes of this section.
 3701         (a) The department may make or request the corporation to
 3702  make loans to local government agencies, which agencies may
 3703  pledge any revenue available to them to repay any funds
 3704  borrowed.
 3705         (b) The department may make or request the corporation to
 3706  make loans, grants, and deposits to other entities eligible to
 3707  participate in the financial assistance programs authorized
 3708  under the Federal Water Pollution Control Act, or as a result of
 3709  other federal action, which entities may pledge any revenue
 3710  available to them to repay any funds borrowed. Notwithstanding
 3711  s. 17.57, the department may make deposits to financial
 3712  institutions that which earn less than the prevailing rate for
 3713  United States Treasury securities that have with corresponding
 3714  maturities for the purpose of enabling such financial
 3715  institutions to make below-market interest rate loans to
 3716  entities qualified to receive loans under this section and the
 3717  rules of the department.
 3718         (c) The department shall administer financial assistance so
 3719  that at least 15 percent of the funding made available each year
 3720  under this section is reserved for use by small communities
 3721  during the year it is reserved.
 3722         (d) The department may make grants to financially
 3723  disadvantaged small communities, as defined in s. 403.1838,
 3724  using funds made available from grant allocations on loans
 3725  authorized under subsection (4). The grants must be administered
 3726  in accordance with s. 403.1838.
 3727         (10) The department may adopt rules regarding program
 3728  administration; project eligibilities and priorities, including
 3729  the development and management of project priority lists;
 3730  financial assistance application requirements associated with
 3731  planning, design, construction, and implementation activities,
 3732  including environmental and engineering requirements; financial
 3733  assistance agreement conditions; disbursement and repayment
 3734  provisions; auditing provisions; program exceptions; the
 3735  procedural and contractual relationship between the department
 3736  and the Florida Water Pollution Control Financing corporation
 3737  under s. 403.1837; and other provisions consistent with the
 3738  purposes of this section.
 3739         Section 41. Section 403.1837, Florida Statutes, is amended
 3740  to read:
 3741         403.1837 Florida Water Pollution Control Financing
 3742  Corporation.—
 3743         (1) The Florida Water Pollution Control Financing
 3744  Corporation is created as a nonprofit public-benefit corporation
 3745  for the purpose of financing or refinancing the costs of water
 3746  pollution control projects and activities described in ss. s.
 3747  403.1835 and 403.8532. The projects and activities described in
 3748  those sections that section are found to constitute a public
 3749  governmental purpose; are be necessary for the health, safety,
 3750  and welfare of all residents; and include legislatively approved
 3751  fixed capital outlay projects. Fulfilling The fulfillment of the
 3752  purposes of the corporation promotes the health, safety, and
 3753  welfare of the people of the state and serves essential
 3754  governmental functions and a paramount public purpose. The
 3755  activities of the corporation are specifically limited to
 3756  assisting the department in implementing financing activities to
 3757  provide funding for the programs authorized in ss. s. 403.1835
 3758  and 403.8532. All other activities relating to the purposes for
 3759  which the corporation raises funds are the responsibility of the
 3760  department, including, but not limited to, development of
 3761  program criteria, review of applications for financial
 3762  assistance, decisions relating to the number and amount of loans
 3763  or other financial assistance to be provided, and enforcement of
 3764  the terms of any financial assistance agreements provided
 3765  through funds raised by the corporation. The corporation shall
 3766  terminate upon fulfilling fulfillment of the purposes of this
 3767  section.
 3768         (2) The corporation shall be governed by a board of
 3769  directors consisting of the Governor’s Budget Director or the
 3770  budget director’s designee, the Chief Financial Officer or the
 3771  Chief Financial Officer’s designee, and the Secretary of
 3772  Environmental Protection or the secretary’s designee. The
 3773  executive director of the State Board of Administration shall be
 3774  the chief executive officer of the corporation; shall direct and
 3775  supervise the administrative affairs of the corporation; and
 3776  shall control, direct, and supervise operation of the
 3777  corporation. The corporation shall have such other officers as
 3778  may be determined by the board of directors.
 3779         (3) The corporation shall have all the powers of a
 3780  corporate body under the laws of the state, consistent to the
 3781  extent not inconsistent with or restricted by this section,
 3782  including, but not limited to, the power to:
 3783         (a) Adopt, amend, and repeal bylaws consistent not
 3784  inconsistent with this section.
 3785         (b) Sue and be sued.
 3786         (c) Adopt and use a common seal.
 3787         (d) Acquire, purchase, hold, lease, and convey any real and
 3788  personal property as may be proper or expedient to carry out the
 3789  purposes of the corporation and this section, and to sell,
 3790  lease, or otherwise dispose of that property.
 3791         (e) Elect or appoint and employ such officers, agents, and
 3792  employees as the corporation considers advisable to operate and
 3793  manage the affairs of the corporation, who which officers,
 3794  agents, and employees may be officers or employees of the
 3795  department and the state agencies represented on the board of
 3796  directors of the corporation.
 3797         (f) Borrow money and issue notes, bonds, certificates of
 3798  indebtedness, or other obligations or evidences of indebtedness
 3799  described in s. 403.1835 or s. 403.8532.
 3800         (g) Operate, as specifically directed by the department,
 3801  any program to provide financial assistance authorized under s.
 3802  403.1835(3) or s. 403.8532(3), which may be funded from any
 3803  funds received under a service contract with the department,
 3804  from the proceeds of bonds issued by the corporation, or from
 3805  any other funding sources obtained by the corporation.
 3806         (h) Sell all or any portion of the loans issued under s.
 3807  403.1835 or s. 403.8532 to accomplish the purposes of those
 3808  sections this section and s. 403.1835.
 3809         (i) Make and execute any contracts, trust agreements, and
 3810  other instruments and agreements necessary or convenient to
 3811  accomplish the purposes of the corporation and this section.
 3812         (j) Select, retain, and employ professionals, contractors,
 3813  or agents, which may include the Division of Bond Finance of the
 3814  State Board of Administration, as are necessary or convenient to
 3815  enable or assist the corporation in carrying out its purposes
 3816  and this section.
 3817         (k) Do any act or thing necessary or convenient to carry
 3818  out the purposes of the corporation and this section.
 3819         (4) The corporation shall evaluate all financial and market
 3820  conditions necessary and prudent for the purpose of making
 3821  sound, financially responsible, and cost-effective decisions in
 3822  order to secure additional funds to fulfill the purposes of this
 3823  section and ss. s. 403.1835 and 403.8532.
 3824         (5) The corporation may enter into one or more service
 3825  contracts with the department under which the corporation shall
 3826  provide services to the department in connection with financing
 3827  the functions, projects, and activities provided for in ss. s.
 3828  403.1835 and 403.8532. The department may enter into one or more
 3829  service contracts with the corporation and provide for payments
 3830  under those contracts pursuant to s. 403.1835(9) or s. 403.8533,
 3831  subject to annual appropriation by the Legislature.
 3832         (a) The service contracts may provide for the transfer of
 3833  all or a portion of the funds in the Wastewater Treatment and
 3834  Stormwater Management Revolving Loan Trust Fund and the Drinking
 3835  Water Revolving Loan Trust Fund to the corporation for use by
 3836  the corporation for costs incurred by the corporation in its
 3837  operations, including, but not limited to, payment of debt
 3838  service, reserves, or other costs in relation to bonds issued by
 3839  the corporation, for use by the corporation at the request of
 3840  the department to directly provide the types of local financial
 3841  assistance provided for in ss. s. 403.1835(3) and 403.8532(3),
 3842  or for payment of the administrative costs of the corporation.
 3843         (b) The department may not transfer funds under any service
 3844  contract with the corporation without a specific appropriation
 3845  for such purpose in the General Appropriations Act, except for
 3846  administrative expenses incurred by the State Board of
 3847  Administration or other expenses necessary under documents
 3848  authorizing or securing previously issued bonds of the
 3849  corporation. The service contracts may also provide for the
 3850  assignment or transfer to the corporation of any loans made by
 3851  the department.
 3852         (c) The service contracts may establish the operating
 3853  relationship between the department and the corporation and must
 3854  shall require the department to request the corporation to issue
 3855  bonds before any issuance of bonds by the corporation, to take
 3856  any actions necessary to enforce the agreements entered into
 3857  between the corporation and other parties, and to take all other
 3858  actions necessary to assist the corporation in its operations.
 3859         (d) In compliance with s. 287.0641 and other applicable
 3860  provisions of law, the obligations of the department under the
 3861  service contracts do not constitute a general obligation of the
 3862  state or a pledge of the faith and credit or taxing power of the
 3863  state, nor may the obligations be construed in any manner as an
 3864  obligation of the State Board of Administration or entities for
 3865  which it invests funds, or of the department except as provided
 3866  in this section as payable solely from amounts available under
 3867  any service contract between the corporation and the department,
 3868  subject to appropriation.
 3869         (e) In compliance with this subsection and s. 287.0582,
 3870  service contracts must expressly include the following
 3871  statement: “The State of Florida’s performance and obligation to
 3872  pay under this contract is contingent upon an annual
 3873  appropriation by the Legislature.”
 3874         (6) The corporation may issue and incur notes, bonds,
 3875  certificates of indebtedness, or other obligations or evidences
 3876  of indebtedness payable from and secured by amounts received
 3877  from payment of loans and other moneys received by the
 3878  corporation, including, but not limited to, amounts payable to
 3879  the corporation by the department under a service contract
 3880  entered into under subsection (5). The proceeds of the bonds may
 3881  be used for the purpose of providing funds for projects and
 3882  activities provided for in subsection (1) or for refunding bonds
 3883  previously issued by the corporation. The corporation may select
 3884  a financing team and issue obligations through competitive
 3885  bidding or negotiated contracts, whichever is most cost
 3886  effective. Any Such indebtedness of the corporation does not
 3887  constitute a debt or obligation of the state or a pledge of the
 3888  faith and credit or taxing power of the state.
 3889         (7) The corporation is exempt from taxation and assessments
 3890  of any nature whatsoever upon its income and any property,
 3891  assets, or revenues acquired, received, or used in the
 3892  furtherance of the purposes provided in ss. 403.1835, and
 3893  403.1838, and 403.8532. The obligations of the corporation
 3894  incurred under subsection (6) and the interest and income on the
 3895  obligations and all security agreements, letters of credit,
 3896  liquidity facilities, or other obligations or instruments
 3897  arising out of, entered into in connection with, or given to
 3898  secure payment of the obligations are exempt from all taxation;
 3899  however, the exemption does not apply to any tax imposed by
 3900  chapter 220 on the interest, income, or profits on debt
 3901  obligations owned by corporations.
 3902         (8) The corporation shall validate any bonds issued under
 3903  this section, except refunding bonds, which may be validated at
 3904  the option of the corporation, by proceedings under chapter 75.
 3905  The validation complaint must be filed only in the Circuit Court
 3906  for Leon County. The notice required under s. 75.06 must be
 3907  published in Leon County, and the complaint and order of the
 3908  circuit court shall be served only on the State Attorney for the
 3909  Second Judicial Circuit. Sections 75.04(2) and 75.06(2) do not
 3910  apply to a validation complaint filed as authorized in this
 3911  subsection. The validation of the first bonds issued under this
 3912  section may be appealed to the Supreme Court, and the appeal
 3913  shall be handled on an expedited basis.
 3914         (9) The corporation and the department may shall not take
 3915  any action that will materially and adversely affects affect the
 3916  rights of holders of any obligations issued under this section
 3917  as long as the obligations are outstanding.
 3918         (10) The corporation is not a special district for purposes
 3919  of chapter 189 or a unit of local government for purposes of
 3920  part III of chapter 218. The provisions of chapters 120 and 215,
 3921  except the limitation on interest rates provided by s. 215.84,
 3922  which applies to obligations of the corporation issued under
 3923  this section, and part I of chapter 287, except ss. 287.0582 and
 3924  287.0641, do not apply to this section, the corporation created
 3925  in this section, the service contracts entered into under this
 3926  section, or debt obligations issued by the corporation as
 3927  provided in this section.
 3928         (11) The benefits or earnings of the corporation may not
 3929  inure to the benefit of any private person, except persons
 3930  receiving grants and loans under s. 403.1835 or s. 403.8532.
 3931         (12) Upon dissolution of the corporation, title to all
 3932  property owned by the corporation reverts to the department.
 3933         (13) The corporation may contract with the State Board of
 3934  Administration to serve as trustee with respect to debt
 3935  obligations issued by the corporation as provided by this
 3936  section; to hold, administer, and invest proceeds of those debt
 3937  obligations and other funds of the corporation; and to perform
 3938  other services required by the corporation. The State Board of
 3939  Administration may perform these services and may contract with
 3940  others to provide all or a part of those services and to recover
 3941  the costs and expenses of providing those services.
 3942         Section 42. Subsections (2), (3), (9), and (14) of section
 3943  403.8532, Florida Statutes, are amended to read:
 3944         403.8532 Drinking water state revolving loan fund; use;
 3945  rules.—
 3946         (2) For purposes of this section, the term:
 3947         (a) “Bonds” means bonds, certificates, or other obligations
 3948  of indebtedness issued by the corporation under this section and
 3949  s. 403.1837.
 3950         (b) “Corporation” means the Florida Water Pollution Control
 3951  Financing Corporation created pursuant to s. 403.1837.
 3952         (c)(a) “Financially disadvantaged community” means the
 3953  service area of a project to be served by a public water system
 3954  that meets criteria established by department rule and in
 3955  accordance with federal guidance.
 3956         (d)(b) “Local governmental agency” means any municipality,
 3957  county, district, or authority, or any agency thereof, or a
 3958  combination of two or more of the foregoing acting jointly in
 3959  connection with a project, having jurisdiction over a public
 3960  water system.
 3961         (e)(c) “Public water system” means all facilities,
 3962  including land, necessary for the treatment and distribution of
 3963  water for human consumption and includes public water systems as
 3964  defined in s. 403.852 and as otherwise defined in the federal
 3965  Safe Drinking Water Act, as amended. Such systems may be
 3966  publicly owned, privately owned, investor-owned, or
 3967  cooperatively held.
 3968         (f)(d) “Small public water system” means a public water
 3969  system that which regularly serves fewer than 10,000 people.
 3970         (3) The department may is authorized to make, or request
 3971  that the corporation make, loans, grants, and deposits to
 3972  community water systems, nonprofit transient noncommunity water
 3973  systems, and nonprofit nontransient noncommunity water systems
 3974  to assist them in planning, designing, and constructing public
 3975  water systems, unless such public water systems are for-profit
 3976  privately owned or investor-owned systems that regularly serve
 3977  1,500 service connections or more within a single certified or
 3978  franchised area. However, a for-profit privately owned or
 3979  investor-owned public water system that regularly serves 1,500
 3980  service connections or more within a single certified or
 3981  franchised area may qualify for a loan only if the proposed
 3982  project will result in the consolidation of two or more public
 3983  water systems. The department may is authorized to provide loan
 3984  guarantees, to purchase loan insurance, and to refinance local
 3985  debt through the issue of new loans for projects approved by the
 3986  department. Public water systems may are authorized to borrow
 3987  funds made available pursuant to this section and may pledge any
 3988  revenues or other adequate security available to them to repay
 3989  any funds borrowed.
 3990         (a) The department shall administer loans so that amounts
 3991  credited to the Drinking Water Revolving Loan Trust Fund in any
 3992  fiscal year are reserved for the following purposes:
 3993         1.(a) At least 15 percent for to qualifying small public
 3994  water systems.
 3995         2.(b) Up to 15 percent for to qualifying financially
 3996  disadvantaged communities.
 3997         (b)(c)However, If an insufficient number of the projects
 3998  for which funds are reserved under this subsection paragraph
 3999  have been submitted to the department at the time the funding
 4000  priority list authorized under this section is adopted, the
 4001  reservation of these funds shall no longer applies apply. The
 4002  department may award the unreserved funds as otherwise provided
 4003  in this section.
 4004         (9) The department may adopt rules regarding the procedural
 4005  and contractual relationship between the department and the
 4006  corporation under s. 403.1837 and is authorized to make rules
 4007  necessary to carry out the purposes of this section and the
 4008  federal Safe Drinking Water Act, as amended. Such rules shall:
 4009         (a) Set forth a priority system for loans based on public
 4010  health considerations, compliance with state and federal
 4011  requirements relating to public drinking water systems, and
 4012  affordability. The priority system shall give special
 4013  consideration to the following:
 4014         1. Projects that provide for the development of alternative
 4015  drinking water supply projects and management techniques in
 4016  areas where existing source waters are limited or threatened by
 4017  saltwater intrusion, excessive drawdowns, contamination, or
 4018  other problems;
 4019         2. Projects that provide for a dependable, sustainable
 4020  supply of drinking water and that are not otherwise financially
 4021  feasible; and
 4022         3. Projects that contribute to the sustainability of
 4023  regional water sources.
 4024         (b) Establish the requirements for the award and repayment
 4025  of financial assistance.
 4026         (c) Require evidence of credit worthiness and adequate
 4027  security, including an identification of revenues to be pledged,
 4028  and documentation of their sufficiency for loan repayment and
 4029  pledged revenue coverage, to ensure that each loan recipient can
 4030  meet its loan repayment requirements.
 4031         (d) Require each project receiving financial assistance to
 4032  be cost-effective, environmentally sound, implementable, and
 4033  self-supporting.
 4034         (e) Implement other provisions of the federal Safe Drinking
 4035  Water Act, as amended.
 4036         (14) All moneys available for financial assistance under
 4037  this section shall be deposited in The Drinking Water Revolving
 4038  Loan Trust Fund established under s. 403.8533 shall be used
 4039  exclusively to carry out the purposes of this section. Any funds
 4040  that therein which are not needed on an immediate basis for
 4041  financial assistance shall be invested pursuant to s. 215.49.
 4042  State revolving fund capitalization grants awarded by the
 4043  Federal Government, state matching funds, and investment
 4044  earnings thereon shall be deposited into the fund. The principal
 4045  and interest of all loans repaid and investment earnings thereon
 4046  shall be deposited into the fund.
 4047         Section 43. Section 403.8533, Florida Statutes, is amended
 4048  to read:
 4049         403.8533 Drinking Water Revolving Loan Trust Fund.—
 4050         (1) There is created the Drinking Water Revolving Loan
 4051  Trust Fund to be administered by the Department of Environmental
 4052  Protection for the purposes of:
 4053         (a) Funding for low-interest loans for planning,
 4054  engineering design, and construction of public drinking water
 4055  systems and improvements to such systems;
 4056         (b) Funding for compliance activities, operator
 4057  certification programs, and source water protection programs;
 4058  and
 4059         (c) Funding for administering loans by the department; and.
 4060         (d) Paying amounts payable under any service contract
 4061  entered into by the department under s. 403.1837, subject to
 4062  annual appropriation by the Legislature.
 4063         (2) The trust fund shall be used for the deposit of all
 4064  moneys awarded by the Federal Government to fund revolving loan
 4065  programs. All moneys in the fund that are not needed on an
 4066  immediate basis for loans shall be invested pursuant to s.
 4067  215.49. The principal and interest of all loans repaid and
 4068  investment earnings shall be deposited into this fund.
 4069         (3) Pursuant to s. 19(f)(3), Art. III of the State
 4070  Constitution, the Drinking Water Revolving Loan Trust Fund is
 4071  exempt from the termination provisions of s. 19(f)(2), Art. III
 4072  of the State Constitution.
 4073         Section 44. Subsection (6) of section 369.317, Florida
 4074  Statutes, is amended to read:
 4075         369.317 Wekiva Parkway.—
 4076         (6) The Orlando-Orange County Expressway Authority is
 4077  hereby granted the authority to act as a third-party acquisition
 4078  agent, pursuant to s. 259.041 on behalf of the Board of Trustees
 4079  or chapter 373 on behalf of the governing board of the St. Johns
 4080  River Water Management District, for the acquisition of all
 4081  necessary lands, property and all interests in property
 4082  identified herein, including fee simple or less-than-fee simple
 4083  interests. The lands subject to this authority are identified in
 4084  paragraph 10.a., State of Florida, Office of the Governor,
 4085  Executive Order 03-112 of July 1, 2003, and in Recommendation 16
 4086  of the Wekiva Basin Area Task Force created by Executive Order
 4087  2002-259, such lands otherwise known as Neighborhood Lakes, a
 4088  1,587+/- acre parcel located in Orange and Lake Counties within
 4089  Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
 4090  and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
 4091  Seminole Woods/Swamp, a 5,353+/- acre parcel located in Lake
 4092  County within Section 37, Township 19 South, Range 28 East; New
 4093  Garden Coal; a 1,605+/- acre parcel in Lake County within
 4094  Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
 4095  East; Pine Plantation, a 617+/- acre tract consisting of eight
 4096  individual parcels within the Apopka City limits. The Department
 4097  of Transportation, the Department of Environmental Protection,
 4098  the St. Johns River Water Management District, and other land
 4099  acquisition entities shall participate and cooperate in
 4100  providing information and support to the third-party acquisition
 4101  agent. The land acquisition process authorized by this paragraph
 4102  shall begin no later than December 31, 2004. Acquisition of the
 4103  properties identified as Neighborhood Lakes, Pine Plantation,
 4104  and New Garden Coal, or approval as a mitigation bank shall be
 4105  concluded no later than December 31, 2010. Department of
 4106  Transportation and Orlando-Orange County Expressway Authority
 4107  funds expended to purchase an interest in those lands identified
 4108  in this subsection shall be eligible as environmental mitigation
 4109  for road construction related impacts in the Wekiva Study Area.
 4110  If any of the lands identified in this subsection are used as
 4111  environmental mitigation for road construction related impacts
 4112  incurred by the Department of Transportation or Orlando-Orange
 4113  County Expressway Authority, or for other impacts incurred by
 4114  other entities, within the Wekiva Study Area or within the
 4115  Wekiva parkway alignment corridor, and if the mitigation offsets
 4116  these impacts, the St. Johns River Water Management District and
 4117  the Department of Environmental Protection shall consider the
 4118  activity regulated under part IV of chapter 373 to meet the
 4119  cumulative impact requirements of s. 373.414(8)(a).
 4120         Section 45. Subsection (20) is added to section 215.47,
 4121  Florida Statutes, to read:
 4122         215.47 Investments; authorized securities; loan of
 4123  securities.—Subject to the limitations and conditions of the
 4124  State Constitution or of the trust agreement relating to a trust
 4125  fund, moneys available for investments under ss. 215.44-215.53
 4126  may be invested as follows:
 4127         (20) The State Board of Administration, consistent with its
 4128  fiduciary duties, may invest net assets of the system trust fund
 4129  in projects deemed eligible under the provisions of s. 373.707.
 4130         Section 46. Subsection (8) is added to section 373.129,
 4131  Florida Statutes, to read:
 4132         373.129 Maintenance of actions.—The department, the
 4133  governing board of any water management district, any local
 4134  board, or a local government to which authority has been
 4135  delegated pursuant to s. 373.103(8), is authorized to commence
 4136  and maintain proper and necessary actions and proceedings in any
 4137  court of competent jurisdiction for any of the following
 4138  purposes:
 4139         (8)In conflicts arising where a water management district
 4140  is a party to litigation against another governmental entity, as
 4141  defined in s. 164.1031, a district has an affirmative duty to
 4142  engage in alternative dispute resolution in good faith as
 4143  required by chapter 164.
 4144         Section 47. Paragraph (b) of subsection (9) of section
 4145  403.707, Florida Statutes, is amended to read:
 4146         403.707 Permits.—
 4147         (9) The department shall establish a separate category for
 4148  solid waste management facilities that accept only construction
 4149  and demolition debris for disposal or recycling. The department
 4150  shall establish a reasonable schedule for existing facilities to
 4151  comply with this section to avoid undue hardship to such
 4152  facilities. However, a permitted solid waste disposal unit that
 4153  receives a significant amount of waste prior to the compliance
 4154  deadline established in this schedule shall not be required to
 4155  be retrofitted with liners or leachate control systems.
 4156         (b) The department shall not require liners and leachate
 4157  collection systems at individual disposal units and lateral
 4158  expansions of existing disposal units that have not received a
 4159  department permit authorizing construction or operation prior to
 4160  July 1, 2010, facilities unless the owner or operator it
 4161  demonstrates, based upon the types of waste received, the
 4162  methods for controlling types of waste disposed of, the
 4163  proximity of the groundwater and surface water, and the results
 4164  of the hydrogeological and geotechnical investigations, that the
 4165  facility is not reasonably expected to result in violations of
 4166  the groundwater standards and criteria if built without a liner
 4167  otherwise.
 4168         Section 48. Section 298.66, Florida Statutes, is amended to
 4169  read:
 4170         298.66 Obstruction of public drainage canals, etc.,
 4171  prohibited; damages; penalties.—
 4172         (1) A No person may not willfully, or otherwise, obstruct
 4173  any public canal, drain, ditch or watercourse or damage or
 4174  destroy any public drainage works constructed in or maintained
 4175  by any district.
 4176         (2)(1) Any person who shall willfully obstructs obstruct
 4177  any public canal, drain, ditch, or watercourse or damages or
 4178  destroys shall damage or destroy any public drainage works
 4179  constructed in or maintained by any district, shall be liable to
 4180  any person injured thereby for the full amount of the injury
 4181  occasioned to any land or crops or other property by reason of
 4182  such misconduct, and shall be liable to the district
 4183  constructing the drainage said work for double the cost of
 4184  removing such obstruction or repairing such damage.
 4185         (3)(2)Any person who Whoever shall willfully, or
 4186  otherwise, obstructs obstruct any public canal, drain, ditch, or
 4187  watercourse, impedes or obstructs or impede or obstruct the flow
 4188  of water therein, or damages or destroys shall damage or destroy
 4189  any public drainage works constructed in or maintained by any
 4190  district commits shall be guilty of a felony of the third
 4191  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 4192  775.084.
 4193         Section 49. It is the intent of the Legislature that the
 4194  creation of part VII of chapter 373, Florida Statutes, is to
 4195  reorganize certain existing provisions of part I of chapter 373,
 4196  Florida Statutes, and does not make any substantive changes to
 4197  existing law or judicial interpretation thereof. It is further
 4198  the intent of the Legislature that any legislation enacted
 4199  during the 2010 Regular Session and any extension thereof
 4200  affecting ss. 373.0361, 373.0391, 373.0831, 373.196, 373.1961,
 4201  373.1962, and 373.1963, Florida Statutes, either before or after
 4202  this act becomes law, be given full force and effect
 4203  substantively and that such new substantive provisions of law
 4204  shall be integrated into ss. 373.703, 373.705, 373.707, 373.709,
 4205  373.711, 373.713, and 373.715, Florida Statutes, as created by
 4206  this act.
 4207         Section 50. Subsection (1) of section 373.0361, Florida
 4208  Statutes, is amended to read:
 4209         373.0361 Regional water supply planning.—
 4210         (1) The governing board of each water management district
 4211  shall conduct water supply planning for any water supply
 4212  planning region within the district identified in the
 4213  appropriate district water supply plan under s. 373.036, where
 4214  it determines that existing sources of water are not adequate to
 4215  supply water for all existing and future reasonable-beneficial
 4216  uses and to sustain the water resources and related natural
 4217  systems for the planning period. The planning must be conducted
 4218  in an open public process, in coordination and cooperation with
 4219  local governments, regional water supply authorities,
 4220  government-owned and privately owned water and wastewater
 4221  utilities, multijurisdictional water supply entities, self
 4222  suppliers, reuse utilities, the department, and other affected
 4223  and interested parties. The districts shall actively engage in
 4224  public education and outreach to all affected local entities and
 4225  their officials, as well as members of the public, in the
 4226  planning process and in seeking input. During preparation, but
 4227  prior to completion of the regional water supply plan, the
 4228  district must conduct at least one public workshop to discuss
 4229  the technical data and modeling tools anticipated to be used to
 4230  support the regional water supply plan. The district shall also
 4231  hold several public meetings to communicate the status, overall
 4232  conceptual intent, and impacts of the plan on existing and
 4233  future reasonable-beneficial uses and related natural systems.
 4234  During the planning process, a local government may choose to
 4235  prepare its own water supply assessment to determine if existing
 4236  water sources are adequate to meet existing and projected
 4237  reasonable-beneficial needs of the local government while
 4238  sustaining water resources and related natural systems. The
 4239  local government shall submit such assessment, including the
 4240  data and methodology used, to the district. The district shall
 4241  consider the local government’s assessment during the formation
 4242  of the plan. A determination by the governing board that
 4243  initiation of a regional water supply plan for a specific
 4244  planning region is not needed pursuant to this section shall be
 4245  subject to s. 120.569. The governing board shall reevaluate such
 4246  a determination at least once every 5 years and shall initiate a
 4247  regional water supply plan, if needed, pursuant to this
 4248  subsection.
 4249         Section 51. Subsection (4) of section 373.079, Florida
 4250  Statutes, is amended to read:
 4251         373.079 Members of governing board; oath of office; staff.—
 4252         (4)(a) The governing board of the district shall is
 4253  authorized to employ:
 4254         (a) An executive director, ombudsman, and such engineers,
 4255  other professional persons, and other personnel and assistants
 4256  as it deems necessary and under such terms and conditions as it
 4257  may determine and to terminate such employment. The appointment
 4258  of an executive director by the governing board is subject to
 4259  approval by the Governor and must be initially confirmed by the
 4260  Florida Senate. The governing board may delegate all or part of
 4261  its authority under this paragraph to the executive director.
 4262  However, the governing board shall delegate to the executive
 4263  director all of its authority to take final action on permit
 4264  applications under part II or part IV or petitions for variances
 4265  or waivers of permitting requirements under part II or part IV,
 4266  except for denials of such actions as provided in s. 373.083(5).
 4267         1. The executive director may execute such delegated
 4268  authority through designated staff members. Such delegations
 4269  shall not be subject to the rulemaking requirements of chapter
 4270  120. The governing board must provide a process for referring a
 4271  denial of such application or petition to the governing board
 4272  for the purpose of taking final action. The executive director
 4273  must be confirmed by the Senate upon employment and must be
 4274  confirmed or reconfirmed by the Senate during the second regular
 4275  session of the Legislature following a gubernatorial election.
 4276         2. The delegation required by this paragraph shall
 4277  expressly prohibit governing board members from individually
 4278  intervening in any manner during the review of an application
 4279  before such application is referred to the governing board for
 4280  final action. This subparagraph does not prohibit the governing
 4281  board as a collegial body from acting on any permit application
 4282  or supervising, overseeing, or directing the activities of
 4283  district staff. This subparagraph expires June 1, 2011, unless
 4284  reenacted by the Legislature.
 4285         (b)1. The governing board of each water management district
 4286  shall employ An inspector general, who shall report directly to
 4287  the board. However, the governing boards of the Suwannee River
 4288  Water Management District and the Northwest Florida Water
 4289  Management District may jointly employ an inspector general, or
 4290  provide for inspector general services by interagency agreement
 4291  with a state agency or water management district inspector
 4292  general.
 4293         2. An inspector general must have the same qualifications
 4294  prescribed and perform the applicable duties of state agency
 4295  inspectors general as provided in s. 20.055.
 4296         Section 52. Subsection (5) of section 373.083, Florida
 4297  Statutes, is amended to read:
 4298         373.083 General powers and duties of the governing board.
 4299  In addition to other powers and duties allowed it by law, the
 4300  governing board is authorized to:
 4301         (5) Execute any of the powers, duties, and functions vested
 4302  in the governing board through a member or members thereof, the
 4303  executive director, or other district staff as designated by the
 4304  governing board. The governing board may establish the scope and
 4305  terms of any delegation and no delegation shall be subject to
 4306  the rulemaking requirements of chapter 120. However, if the
 4307  governing board delegates shall delegate to the executive
 4308  director all of its authority to take final action on permit
 4309  applications under part II or part IV or petitions for variances
 4310  or waivers of permitting requirements under part II or part IV,
 4311  and the executive director may execute such delegated authority
 4312  through designated staff. Such delegations shall not be subject
 4313  to the rulemaking requirements of chapter 120. However, the
 4314  governing board must shall provide a process for referring a any
 4315  denial of such application or petition to the governing board
 4316  for the purpose of taking to take final action. Such process
 4317  shall expressly prohibit any member of a governing board from
 4318  intervening in any manner during the review of an application
 4319  prior to such application being referred to the governing board
 4320  for final action. The authority to delegate under in this
 4321  subsection is supplemental to any other provision of this
 4322  chapter granting authority to the governing board to delegate
 4323  specific powers, duties, or functions.
 4324         Section 53. Subsection (1) of section 373.085, Florida
 4325  Statutes, is amended to read:
 4326         373.085 Use of works or land by other districts or private
 4327  persons.—
 4328         (1)(a) In order to promote water quantity and water
 4329  resource development, projects that improve flood control, and
 4330  conservation of lands, the district and other governmental
 4331  agencies shall encourage public-private partnerships by
 4332  collaborating, when possible, with those partnerships when
 4333  procuring materials for infrastructure and restoration work
 4334  projects, consistent with district and state procurement
 4335  procedures.
 4336         (b) The governing board has authority to prescribe the
 4337  manner in which local works provided by other districts or by
 4338  private persons will connect with and make use of the works or
 4339  land of the district, to issue permits therefor, and to cancel
 4340  the permits for noncompliance with the conditions thereof or for
 4341  other cause. It is unlawful to connect with or make use of the
 4342  works or land of the district without consent in writing from
 4343  its governing board, and the board has authority to prevent or,
 4344  if done, estop or terminate the same. The use of the works or
 4345  land of the district for access is governed by this section and
 4346  is not subject to the provisions of s. 704.01. However, any land
 4347  or works of the district which have historically been used for
 4348  public access to the ocean by means of the North New River Canal
 4349  and its tributaries may not be closed for this purpose unless
 4350  the district can demonstrate that significant harm to the
 4351  resource would result from such public use.
 4352         Section 54. Subsection (5) is added to section 373.118,
 4353  Florida Statutes, to read:
 4354         373.118 General permits; delegation.—
 4355         (5) To improve efficiency, the governing board may delegate
 4356  its powers and duties pertaining to general permits to the
 4357  executive director. The executive director may execute such
 4358  delegated authority through designated staff. However, when
 4359  delegating the authority to take final action on permit
 4360  applications under part II or petitions for variances or waivers
 4361  of permitting requirements under part II, the governing board
 4362  must provide a process for referring a denial of such
 4363  application or petition to the governing board for the purpose
 4364  of taking final action. Such delegations are not subject to the
 4365  rulemaking requirements of chapter 120.
 4366         Section 55. Subsection (4) of section 373.236, Florida
 4367  Statutes, is amended to read:
 4368         373.236 Duration of permits; compliance reports.—
 4369         (4) Where necessary to maintain reasonable assurance that
 4370  the conditions for issuance of a 20-year permit can continue to
 4371  be met, the governing board or department, in addition to any
 4372  conditions required pursuant to s. 373.219, may require a
 4373  compliance report by the permittee every 10 5 years during the
 4374  term of a permit. The Suwannee River Water Management District
 4375  may require a compliance report by the permittee every 5 years
 4376  through July 1, 2015, and thereafter every 10 years during the
 4377  term of the permit. This report shall contain sufficient data to
 4378  maintain reasonable assurance that the initial conditions for
 4379  permit issuance are met. Following review of this report, the
 4380  governing board or the department may modify the permit to
 4381  ensure that the use meets the conditions for issuance. Permit
 4382  modifications pursuant to this subsection shall not be subject
 4383  to competing applications, provided there is no increase in the
 4384  permitted allocation or permit duration, and no change in
 4385  source, except for changes in source requested by the district.
 4386  This subsection shall not be construed to limit the existing
 4387  authority of the department or the governing board to modify or
 4388  revoke a consumptive use permit.
 4389         Section 56. Paragraphs (c) and (d) are added to subsection
 4390  (3) of section 373.250, Florida Statutes, subsections (4) and
 4391  (5) of that section are renumbered as subsections (5) and (6),
 4392  respectively, and a new subsection (4) is added to that section,
 4393  to read:
 4394         373.250 Reuse of reclaimed water.—
 4395         (3) The water management district shall, in consultation
 4396  with the department, adopt rules to implement this section. Such
 4397  rules shall include, but not be limited to:
 4398         (c) Provisions to require permit applicants to provide, as
 4399  part of their reclaimed water feasibility evaluation for a
 4400  nonpotable use, written documentation from a reuse utility
 4401  addressing the availability of reclaimed water. This requirement
 4402  shall apply when the applicant’s proposed use is within an area
 4403  that is or may be served with reclaimed water by a reuse utility
 4404  within a 5-year horizon, as established by the reuse utility and
 4405  provided to the district. If the applicable reuse utility fails
 4406  to respond or does not provide the information required under
 4407  paragraph (d) within 30 days after receipt of the request, the
 4408  applicant shall provide to the district a copy of the written
 4409  request and a statement that the utility failed to provide the
 4410  requested information. The district is not required to adopt, by
 4411  rule, the area where written documentation from a reuse utility
 4412  is required, but the district shall publish the area, and any
 4413  updates thereto, on the district’s website. This paragraph may
 4414  not be construed to limit the ability of a district to require
 4415  the use of reclaimed water or to limit a utility’s ability to
 4416  plan reclaimed water infrastructure.
 4417         (d) Provisions specifying the content of the documentation
 4418  required in paragraph (c), including sufficient information
 4419  regarding the availability and costs associated with the
 4420  connection to and the use of reclaimed water, to facilitate the
 4421  permit applicant’s reclaimed water feasibility evaluation.
 4422         (4) Reuse utilities and the applicable water management
 4423  district or districts are encouraged to periodically coordinate
 4424  and share information concerning the status of reclaimed water
 4425  distribution system construction, the availability of reclaimed
 4426  water supplies, and existing consumptive use permits in areas
 4427  served by the reuse utility.
 4428         Section 57. The water management districts shall initiate
 4429  rulemaking no later than July 1, 2011, to implement the
 4430  requirements of s. 373.250(3)(c) and (d), Florida Statutes, as
 4431  created by this act.
 4432         Section 58. (1) The Legislature finds the following with
 4433  respect to nutrient water quality standards:
 4434         (a) Nutrients are essential for the biological health and
 4435  productivity of Florida waters.
 4436         (b) A delicate relationship exists between the level of
 4437  nutrients in a waterbody and its health and productivity.
 4438         (c) Increasing the level of nutrients in combination with
 4439  site-specific conditions can cause impairment to a waterbody.
 4440         (d) The establishment of numeric nutrient criteria in a
 4441  manner that fails to take into account site-specific factors may
 4442  result in criteria that lack adequate scientific support and
 4443  cause unintended environmental and economic consequences.
 4444         (e) The total maximum daily load program is the best
 4445  mechanism for establishing numeric nutrient standards for
 4446  nutrient-impaired waterbodies and restoring nutrient-impaired
 4447  waterbodies, and consistent with the congressional intent
 4448  expressed in the Clean Water Act, any numeric nutrient criteria
 4449  established pursuant to s. 303(c) of the Clean Water Act should
 4450  work in concert with the total maximum daily load program, the
 4451  state stormwater treatment rule, and other water quality
 4452  programs.
 4453         (f) The state currently implements a narrative nutrient
 4454  criterion and, while complicated, the establishment of sound
 4455  science-based numeric nutrient criteria to complement the
 4456  narrative criterion would enhance the ability of the state to
 4457  achieve a balance of adequate nutrients to sustain aquatic life
 4458  while not allowing excess nutrients that will alter the aquatic
 4459  ecosystem.
 4460         (g) The state’s reclaimed lakes, canals, and ditches
 4461  represent unique surface waters for which alternative uses and
 4462  associated criteria are appropriate.
 4463         (2) The Legislature further finds the following with
 4464  respect to the United States Environmental Protection Agency’s
 4465  nutrient water quality criteria rulemaking:
 4466         (a) The agency’s January 2010 proposed water quality
 4467  standards for the state fail to take into account the unique
 4468  characteristics of the state’s many thousands of rivers,
 4469  streams, and canals.
 4470         (b) The agency’s January 2010 proposed water quality
 4471  standards fail to incorporate, and may undermine, the state’s
 4472  science-based total maximum daily loads program.
 4473         (c) The finalization and implementation of the agency’s
 4474  January 2010 proposed water quality standards will have severe
 4475  economic consequences on the state’s agriculture, local
 4476  governments, wastewater utilities, economically vital
 4477  industries, small businesses, and residents living below the
 4478  poverty level or on fixed incomes.
 4479         Section 59. Subsections (1), (2), and (3) of section
 4480  220.1845, Florida Statutes, are renumbered as subsections (2),
 4481  (3), and (4), respectively, and a new subsection (1) is added to
 4482  that section to read:
 4483         220.1845 Contaminated site rehabilitation tax credit.—
 4484         (1) APPLICATION FOR TAX CREDIT.—A site rehabilitation
 4485  application must be received by the Division of Waste Management
 4486  of the Department of Environmental Protection by January 31 of
 4487  the year after the calendar year for which site rehabilitation
 4488  costs are being claimed in a tax credit application. All site
 4489  rehabilitation costs claimed must have been for work conducted
 4490  between January 1 and December 31 of the year for which the
 4491  application is being submitted. All payment requests must have
 4492  been received and all costs must have been paid prior to
 4493  submittal of the tax credit application, but no later than
 4494  January 31 of the year after the calendar year for which site
 4495  rehabilitation costs are being claimed.
 4496         Section 60. Paragraph (a) of subsection (5), paragraph (c)
 4497  of subsection (6), and subsections (9) and (10) of section
 4498  376.30781, Florida Statutes, are amended to read:
 4499         376.30781 Tax credits for rehabilitation of drycleaning
 4500  solvent-contaminated sites and brownfield sites in designated
 4501  brownfield areas; application process; rulemaking authority;
 4502  revocation authority.—
 4503         (5) To claim the credit for site rehabilitation or solid
 4504  waste removal, each tax credit applicant must apply to the
 4505  Department of Environmental Protection for an allocation of the
 4506  $2 million annual credit by filing a tax credit application with
 4507  the Division of Waste Management on a form developed by the
 4508  Department of Environmental Protection in cooperation with the
 4509  Department of Revenue. The form shall include an affidavit from
 4510  each tax credit applicant certifying that all information
 4511  contained in the application, including all records of costs
 4512  incurred and claimed in the tax credit application, are true and
 4513  correct. If the application is submitted pursuant to
 4514  subparagraph (3)(a)2., the form must include an affidavit signed
 4515  by the real property owner stating that it is not, and has never
 4516  been, the owner or operator of the drycleaning facility where
 4517  the contamination exists. Approval of tax credits must be
 4518  accomplished on a first-come, first-served basis based upon the
 4519  date and time complete applications are received by the Division
 4520  of Waste Management, subject to the limitations of subsection
 4521  (14). To be eligible for a tax credit, the tax credit applicant
 4522  must:
 4523         (a) For site rehabilitation tax credits, have entered into
 4524  a voluntary cleanup agreement with the Department of
 4525  Environmental Protection for a drycleaning-solvent-contaminated
 4526  site or a Brownfield Site Rehabilitation Agreement, as
 4527  applicable, and have paid all deductibles pursuant to s.
 4528  376.3078(3)(e) for eligible drycleaning-solvent-cleanup program
 4529  sites, as applicable. A site rehabilitation tax credit applicant
 4530  must submit only a single completed application per site for
 4531  each calendar year’s site rehabilitation costs. A site
 4532  rehabilitation application must be received by the Division of
 4533  Waste Management of the Department of Environmental Protection
 4534  by January 31 of the year after the calendar year for which site
 4535  rehabilitation costs are being claimed in a tax credit
 4536  application. All site rehabilitation costs claimed must have
 4537  been for work conducted between January 1 and December 31 of the
 4538  year for which the application is being submitted. All payment
 4539  requests must have been received and all costs must have been
 4540  paid prior to submittal of the tax credit application, but no
 4541  later than January 31 of the year after the calendar year for
 4542  which site rehabilitation costs are being claimed.
 4543         (6) To obtain the tax credit certificate, the tax credit
 4544  applicant must provide all pertinent information requested on
 4545  the tax credit application form, including, at a minimum, the
 4546  name and address of the tax credit applicant and the address and
 4547  tracking identification number of the eligible site. Along with
 4548  the tax credit application form, the tax credit applicant must
 4549  submit the following:
 4550         (c) Proof that the documentation submitted pursuant to
 4551  paragraph (b) has been reviewed and verified by an independent
 4552  certified public accountant in accordance with standards
 4553  established by the American Institute of Certified Public
 4554  Accountants. Specifically, a certified public accountant’s
 4555  report must be submitted and the certified public accountant
 4556  must attest to the accuracy and validity of the costs claimed
 4557  incurred and paid during the time period covered in the
 4558  application by conducting an independent review of the data
 4559  presented by the tax credit applicant. Accuracy and validity of
 4560  costs incurred and paid shall be determined after the level of
 4561  effort is certified by an appropriate professional registered in
 4562  this state in each contributing technical discipline. The
 4563  certified public accountant’s report must also attest that the
 4564  costs included in the application form are not duplicated within
 4565  the application, that all payment requests were received and all
 4566  costs were paid prior to submittal of the tax credit
 4567  application, and, for site rehabilitation tax credits, that all
 4568  costs claimed are for work conducted between January 1 and
 4569  December 31 of the year for which the application is being
 4570  submitted. A copy of the accountant’s report shall be submitted
 4571  to the Department of Environmental Protection in addition to the
 4572  accountant’s certification form in the tax credit application;
 4573  and
 4574         (9) On or before May 1, the Department of Environmental
 4575  Protection shall inform each tax credit applicant that is
 4576  subject to the January 31 annual application deadline of the
 4577  applicant’s eligibility status and the amount of any tax credit
 4578  due. The department shall provide each eligible tax credit
 4579  applicant with a tax credit certificate that must be submitted
 4580  with its tax return to the Department of Revenue to claim the
 4581  tax credit or be transferred pursuant to s. 220.1845(2)(g) s.
 4582  220.1845(1)(g). The May 1 deadline for annual site
 4583  rehabilitation tax credit certificate awards shall not apply to
 4584  any tax credit application for which the department has issued a
 4585  notice of deficiency pursuant to subsection (8). The department
 4586  shall respond within 90 days after receiving a response from the
 4587  tax credit applicant to such a notice of deficiency. Credits may
 4588  not result in the payment of refunds if total credits exceed the
 4589  amount of tax owed.
 4590         (10) For solid waste removal, new health care facility or
 4591  health care provider, and affordable housing tax credit
 4592  applications, the Department of Environmental Protection shall
 4593  inform the applicant of the department’s determination within 90
 4594  days after the application is deemed complete. Each eligible tax
 4595  credit applicant shall be informed of the amount of its tax
 4596  credit and provided with a tax credit certificate that must be
 4597  submitted with its tax return to the Department of Revenue to
 4598  claim the tax credit or be transferred pursuant to s.
 4599  220.1845(2)(g) s. 220.1845(1)(g). Credits may not result in the
 4600  payment of refunds if total credits exceed the amount of tax
 4601  owed.
 4602         Section 61. Section 376.85, Florida Statutes, is amended to
 4603  read:
 4604         376.85 Annual report.—The Department of Environmental
 4605  Protection shall prepare and submit an annual report to the
 4606  President of the Senate and the Speaker of the House of
 4607  Representatives by August 1 of each year a report that includes
 4608  Legislature, beginning in December 1998, which shall include,
 4609  but is not be limited to, the number, size, and locations of
 4610  brownfield sites: that have been remediated under the provisions
 4611  of this act,; that are currently under rehabilitation pursuant
 4612  to a negotiated site rehabilitation agreement with the
 4613  department or a delegated local program,; where alternative
 4614  cleanup target levels have been established pursuant to s.
 4615  376.81(1)(g)3.,; and, where engineering and institutional
 4616  control strategies are being employed as conditions of a “no
 4617  further action order” to maintain the protections provided in s.
 4618  376.81(1)(g)1. and 2.
 4619         Section 62. Section 403.973, Florida Statutes, is amended
 4620  to read:
 4621         403.973 Expedited permitting; amendments to comprehensive
 4622  plans plan amendments.—
 4623         (1) It is the intent of the Legislature to encourage and
 4624  facilitate the location and expansion of those types of economic
 4625  development projects which offer job creation and high wages,
 4626  strengthen and diversify the state’s economy, and have been
 4627  thoughtfully planned to take into consideration the protection
 4628  of the state’s environment. It is also the intent of the
 4629  Legislature to provide for an expedited permitting and
 4630  comprehensive plan amendment process for such projects.
 4631         (2) As used in this section, the term:
 4632         (a) “Duly noticed” means publication in a newspaper of
 4633  general circulation in the municipality or county with
 4634  jurisdiction. The notice shall appear on at least 2 separate
 4635  days, one of which shall be at least 7 days before the meeting.
 4636  The notice shall state the date, time, and place of the meeting
 4637  scheduled to discuss or enact the memorandum of agreement, and
 4638  the places within the municipality or county where such proposed
 4639  memorandum of agreement may be inspected by the public. The
 4640  notice must be one-eighth of a page in size and must be
 4641  published in a portion of the paper other than the legal notices
 4642  section. The notice shall also advise that interested parties
 4643  may appear at the meeting and be heard with respect to the
 4644  memorandum of agreement.
 4645         (b) “Jobs” means permanent, full-time equivalent positions
 4646  not including construction jobs.
 4647         (c) “Office” means the Office of Tourism, Trade, and
 4648  Economic Development.
 4649         (d) “Permit applications” means state permits and licenses,
 4650  and at the option of a participating local government, local
 4651  development permits or orders.
 4652         (e) “Secretary” means the Secretary of Environmental
 4653  Protection or his or her designee.
 4654         (3)(a) The secretary Governor, through the office, shall
 4655  direct the creation of regional permit action teams, for the
 4656  purpose of expediting review of permit applications and local
 4657  comprehensive plan amendments submitted by:
 4658         1. Businesses creating at least 50 100 jobs;, or
 4659         2. Businesses creating at least 25 50 jobs if the project
 4660  is located in an enterprise zone, or in a county having a
 4661  population of fewer less than 75,000 or in a county having a
 4662  population of fewer less than 125,000 100,000 which is
 4663  contiguous to a county having a population of fewer less than
 4664  75,000, as determined by the most recent decennial census,
 4665  residing in incorporated and unincorporated areas of the
 4666  county., or
 4667         (b) On a case-by-case basis and at the request of a county
 4668  or municipal government, the office may certify as eligible for
 4669  expedited review a project not meeting the minimum job creation
 4670  thresholds but creating a minimum of 10 jobs. The recommendation
 4671  from the governing body of the county or municipality in which
 4672  the project may be located is required in order for the office
 4673  to certify that any project is eligible for expedited review
 4674  under this paragraph. When considering projects that do not meet
 4675  the minimum job creation thresholds but that are recommended by
 4676  the governing body in which the project may be located, the
 4677  office shall consider economic impact factors that include, but
 4678  are not limited to:
 4679         1. The proposed wage and skill levels relative to those
 4680  existing in the area in which the project may be located;
 4681         2. The project’s potential to diversify and strengthen the
 4682  area’s economy;
 4683         3. The amount of capital investment; and
 4684         4. The number of jobs that will be made available for
 4685  persons served by the welfare transition program.
 4686         (c) At the request of a county or municipal government, the
 4687  office or a Quick Permitting County may certify projects located
 4688  in counties where the ratio of new jobs per participant in the
 4689  welfare transition program, as determined by Workforce Florida,
 4690  Inc., is less than one or otherwise critical, as eligible for
 4691  the expedited permitting process. Such projects must meet the
 4692  numerical job creation criteria of this subsection, but the jobs
 4693  created by the project do not have to be high-wage jobs that
 4694  diversify the state’s economy.
 4695         (d) Projects located in a designated brownfield area are
 4696  eligible for the expedited permitting process.
 4697         (e) Projects that are part of the state-of-the-art
 4698  biomedical research institution and campus to be established in
 4699  this state by the grantee under s. 288.955 are eligible for the
 4700  expedited permitting process, if the projects are designated as
 4701  part of the institution or campus by the board of county
 4702  commissioners of the county in which the institution and campus
 4703  are established.
 4704         (f) Projects resulting in the production of biofuels
 4705  cultivated on lands that are 1,000 acres or more or in the
 4706  construction of a biofuel or biodiesel processing facility or a
 4707  facility generating renewable energy, as defined in s.
 4708  366.91(2)(d), are eligible for the expedited permitting process.
 4709         (4) The regional teams shall be established through the
 4710  execution of memoranda of agreement developed by the applicant
 4711  and the secretary, with input solicited from between the office
 4712  and the respective heads of the Department of Environmental
 4713  Protection, the Department of Community Affairs, the Department
 4714  of Transportation and its district offices, the Department of
 4715  Agriculture and Consumer Services, the Fish and Wildlife
 4716  Conservation Commission, appropriate regional planning councils,
 4717  appropriate water management districts, and voluntarily
 4718  participating municipalities and counties. The memoranda of
 4719  agreement should also accommodate participation in this
 4720  expedited process by other local governments and federal
 4721  agencies as circumstances warrant.
 4722         (5) In order to facilitate local government’s option to
 4723  participate in this expedited review process, the secretary
 4724  office shall, in cooperation with local governments and
 4725  participating state agencies, create a standard form memorandum
 4726  of agreement. A local government shall hold a duly noticed
 4727  public workshop to review and explain to the public the
 4728  expedited permitting process and the terms and conditions of the
 4729  standard form memorandum of agreement.
 4730         (6) The local government shall hold a duly noticed public
 4731  hearing to execute a memorandum of agreement for each qualified
 4732  project. Notwithstanding any other provision of law, and at the
 4733  option of the local government, the workshop provided for in
 4734  subsection (5) may be conducted on the same date as the public
 4735  hearing held under this subsection. The memorandum of agreement
 4736  that a local government signs shall include a provision
 4737  identifying necessary local government procedures and time
 4738  limits that will be modified to allow for the local government
 4739  decision on the project within 90 days. The memorandum of
 4740  agreement applies to projects, on a case-by-case basis, that
 4741  qualify for special review and approval as specified in this
 4742  section. The memorandum of agreement must make it clear that
 4743  this expedited permitting and review process does not modify,
 4744  qualify, or otherwise alter existing local government
 4745  nonprocedural standards for permit applications, unless
 4746  expressly authorized by law.
 4747         (7) At the option of the participating local government,
 4748  Appeals of local government comprehensive plan approvals its
 4749  final approval for a project shall may be pursuant to the
 4750  summary hearing provisions of s. 120.574, pursuant to subsection
 4751  (14), and consolidated with the challenge of any applicable
 4752  state agency actions or pursuant to other appellate processes
 4753  available to the local government. The local government’s
 4754  decision to enter into a summary hearing must be made as
 4755  provided in s. 120.574 or in the memorandum of agreement.
 4756         (8) Each memorandum of agreement shall include a process
 4757  for final agency action on permit applications and local
 4758  comprehensive plan amendment approvals within 90 days after
 4759  receipt of a completed application, unless the applicant agrees
 4760  to a longer time period or the secretary office determines that
 4761  unforeseen or uncontrollable circumstances preclude final agency
 4762  action within the 90-day timeframe. Permit applications governed
 4763  by federally delegated or approved permitting programs whose
 4764  requirements would prohibit or be inconsistent with the 90-day
 4765  timeframe are exempt from this provision, but must be processed
 4766  by the agency with federally delegated or approved program
 4767  responsibility as expeditiously as possible.
 4768         (9) The secretary office shall inform the Legislature by
 4769  October 1 of each year which agencies have not entered into or
 4770  implemented an agreement and identify any barriers to achieving
 4771  success of the program.
 4772         (10) The memoranda of agreement may provide for the waiver
 4773  or modification of procedural rules prescribing forms, fees,
 4774  procedures, or time limits for the review or processing of
 4775  permit applications under the jurisdiction of those agencies
 4776  that are party to the memoranda of agreement. Notwithstanding
 4777  any other provision of law to the contrary, a memorandum of
 4778  agreement must to the extent feasible provide for proceedings
 4779  and hearings otherwise held separately by the parties to the
 4780  memorandum of agreement to be combined into one proceeding or
 4781  held jointly and at one location. Such waivers or modifications
 4782  shall not be available for permit applications governed by
 4783  federally delegated or approved permitting programs, the
 4784  requirements of which would prohibit, or be inconsistent with,
 4785  such a waiver or modification.
 4786         (11) The standard form for memoranda of agreement shall
 4787  include guidelines to be used in working with state, regional,
 4788  and local permitting authorities. Guidelines may include, but
 4789  are not limited to, the following:
 4790         (a) A central contact point for filing permit applications
 4791  and local comprehensive plan amendments and for obtaining
 4792  information on permit and local comprehensive plan amendment
 4793  requirements;
 4794         (b) Identification of the individual or individuals within
 4795  each respective agency who will be responsible for processing
 4796  the expedited permit application or local comprehensive plan
 4797  amendment for that agency;
 4798         (c) A mandatory preapplication review process to reduce
 4799  permitting conflicts by providing guidance to applicants
 4800  regarding the permits needed from each agency and governmental
 4801  entity, site planning and development, site suitability and
 4802  limitations, facility design, and steps the applicant can take
 4803  to ensure expeditious permit application and local comprehensive
 4804  plan amendment review. As a part of this process, the first
 4805  interagency meeting to discuss a project shall be held within 14
 4806  days after the secretary’s office’s determination that the
 4807  project is eligible for expedited review. Subsequent interagency
 4808  meetings may be scheduled to accommodate the needs of
 4809  participating local governments that are unable to meet public
 4810  notice requirements for executing a memorandum of agreement
 4811  within this timeframe. This accommodation may not exceed 45 days
 4812  from the secretary’s office’s determination that the project is
 4813  eligible for expedited review;
 4814         (d) The preparation of a single coordinated project
 4815  description form and checklist and an agreement by state and
 4816  regional agencies to reduce the burden on an applicant to
 4817  provide duplicate information to multiple agencies;
 4818         (e) Establishment of a process for the adoption and review
 4819  of any comprehensive plan amendment needed by any certified
 4820  project within 90 days after the submission of an application
 4821  for a comprehensive plan amendment. However, the memorandum of
 4822  agreement may not prevent affected persons as defined in s.
 4823  163.3184 from appealing or participating in this expedited plan
 4824  amendment process and any review or appeals of decisions made
 4825  under this paragraph; and
 4826         (f) Additional incentives for an applicant who proposes a
 4827  project that provides a net ecosystem benefit.
 4828         (12) The applicant, the regional permit action team, and
 4829  participating local governments may agree to incorporate into a
 4830  single document the permits, licenses, and approvals that are
 4831  obtained through the expedited permit process. This consolidated
 4832  permit is subject to the summary hearing provisions set forth in
 4833  subsection (14).
 4834         (13) Notwithstanding any other provisions of law:
 4835         (a) Local comprehensive plan amendments for projects
 4836  qualified under this section are exempt from the twice-a-year
 4837  limits provision in s. 163.3187; and
 4838         (b) Projects qualified under this section are not subject
 4839  to interstate highway level-of-service standards adopted by the
 4840  Department of Transportation for concurrency purposes. The
 4841  memorandum of agreement specified in subsection (5) must include
 4842  a process by which the applicant will be assessed a fair share
 4843  of the cost of mitigating the project’s significant traffic
 4844  impacts, as defined in chapter 380 and related rules. The
 4845  agreement must also specify whether the significant traffic
 4846  impacts on the interstate system will be mitigated through the
 4847  implementation of a project or payment of funds to the
 4848  Department of Transportation. Where funds are paid, the
 4849  Department of Transportation must include in the 5-year work
 4850  program transportation projects or project phases, in an amount
 4851  equal to the funds received, to mitigate the traffic impacts
 4852  associated with the proposed project.
 4853         (14)(a) Challenges to state agency action in the expedited
 4854  permitting process for projects processed under this section are
 4855  subject to the summary hearing provisions of s. 120.574, except
 4856  that the administrative law judge’s decision, as provided in s.
 4857  120.574(2)(f), shall be in the form of a recommended order and
 4858  shall not constitute the final action of the state agency. In
 4859  those proceedings where the action of only one agency of the
 4860  state other than the Department of Environmental Protection is
 4861  challenged, the agency of the state shall issue the final order
 4862  within 45 10 working days after of receipt of the administrative
 4863  law judge’s recommended order, and the recommended order shall
 4864  inform the parties of their right to file exceptions or
 4865  responses to the recommended order in accordance with the
 4866  uniform rules of procedure pursuant to s. 120.54. In those
 4867  proceedings where the actions of more than one agency of the
 4868  state are challenged, the Governor shall issue the final order
 4869  within 45 10 working days after of receipt of the administrative
 4870  law judge’s recommended order, and the recommended order shall
 4871  inform the parties of their right to file exceptions or
 4872  responses to the recommended order in accordance with the
 4873  uniform rules of procedure pursuant to s. 120.54. This paragraph
 4874  does not apply to the issuance of department licenses required
 4875  under any federally delegated or approved permit program. In
 4876  such instances, the department shall enter the final order. The
 4877  participating agencies of the state may opt at the preliminary
 4878  hearing conference to allow the administrative law judge’s
 4879  decision to constitute the final agency action. If a
 4880  participating local government agrees to participate in the
 4881  summary hearing provisions of s. 120.574 for purposes of review
 4882  of local government comprehensive plan amendments, s.
 4883  163.3184(9) and (10) apply.
 4884         (b) Projects identified in paragraph (3)(f) or challenges
 4885  to state agency action in the expedited permitting process for
 4886  establishment of a state-of-the-art biomedical research
 4887  institution and campus in this state by the grantee under s.
 4888  288.955 are subject to the same requirements as challenges
 4889  brought under paragraph (a), except that, notwithstanding s.
 4890  120.574, summary proceedings must be conducted within 30 days
 4891  after a party files the motion for summary hearing, regardless
 4892  of whether the parties agree to the summary proceeding.
 4893         (15) The office, working with the agencies providing
 4894  cooperative assistance and input regarding participating in the
 4895  memoranda of agreement, shall review sites proposed for the
 4896  location of facilities eligible for the Innovation Incentive
 4897  Program under s. 288.1089. Within 20 days after the request for
 4898  the review by the office, the agencies shall provide to the
 4899  office a statement as to each site’s necessary permits under
 4900  local, state, and federal law and an identification of
 4901  significant permitting issues, which if unresolved, may result
 4902  in the denial of an agency permit or approval or any significant
 4903  delay caused by the permitting process.
 4904         (16) This expedited permitting process shall not modify,
 4905  qualify, or otherwise alter existing agency nonprocedural
 4906  standards for permit applications or local comprehensive plan
 4907  amendments, unless expressly authorized by law. If it is
 4908  determined that the applicant is not eligible to use this
 4909  process, the applicant may apply for permitting of the project
 4910  through the normal permitting processes.
 4911         (17) The office shall be responsible for certifying a
 4912  business as eligible for undergoing expedited review under this
 4913  section. Enterprise Florida, Inc., a county or municipal
 4914  government, or the Rural Economic Development Initiative may
 4915  recommend to the Office of Tourism, Trade, and Economic
 4916  Development that a project meeting the minimum job creation
 4917  threshold undergo expedited review.
 4918         (18) The office, working with the Rural Economic
 4919  Development Initiative and the agencies participating in the
 4920  memoranda of agreement, shall provide technical assistance in
 4921  preparing permit applications and local comprehensive plan
 4922  amendments for counties having a population of fewer less than
 4923  75,000 residents, or counties having fewer than 125,000 100,000
 4924  residents which are contiguous to counties having fewer than
 4925  75,000 residents. Additional assistance may include, but not be
 4926  limited to, guidance in land development regulations and
 4927  permitting processes, working cooperatively with state,
 4928  regional, and local entities to identify areas within these
 4929  counties which may be suitable or adaptable for preclearance
 4930  review of specified types of land uses and other activities
 4931  requiring permits.
 4932         (19) The following projects are ineligible for review under
 4933  this part:
 4934         (a) A project funded and operated by a local government, as
 4935  defined in s. 377.709, and located within that government’s
 4936  jurisdiction.
 4937         (b) A project, the primary purpose of which is to:
 4938         1. Effect the final disposal of solid waste, biomedical
 4939  waste, or hazardous waste in this state.
 4940         2. Produce electrical power, unless the production of
 4941  electricity is incidental and not the primary function of the
 4942  project or the electrical power is derived from a fuel source
 4943  for renewable energy as defined in s. 366.91(2)(d).
 4944         3. Extract natural resources.
 4945         4. Produce oil.
 4946         5. Construct, maintain, or operate an oil, petroleum,
 4947  natural gas, or sewage pipeline.
 4948         Section 63. This act shall take effect July 1, 2010.

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader