Title: 197-298A-1-6 Draft Copy
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 Material Information
Title: 197-298A-1-6 Draft Copy
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: 197-298A-1-6 Draft Copy
General Note: Box 8, Folder 6 ( Vail Conference, 1996 - 1996 ), Item 41
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00001515
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text




197-298A-1-6


1 A bill to be entitled
2 An act relating to water resources; amending s.
3 373.016, F.S., relating to declaration of
4 policy; providing responsibii y of the
5 Department of Environmenta section for full
6 implementation of ch. 37; amending s.
7 373.019, F.S.; revision h-efinition of
8 "state water police mea ing s. 373.026,
9 F.S.; providing de for adoption of
10 amendments to e water policy; providing
11 for departm etary and programmatic
12 oversight of 13 programs; amending s. 373.036, F.S.; providing
14 for adoption of a state water use policy as
15 part of the state water policy; providing
- 16 requirements far development of the state water
17 use policy; amending s. 373.0395, F.S.;
18 providing for water management district water
19 resource availability inventories; specifying
20 contents; providing for use; providing annual
21 review and amendment; amending s. 373.046,
22 F.S.; providing for an interagency agreement
23 for water management district funding of the
24 department's supervision and oversight
25 activities; amending s. 373.079, F.S., and
26 creating s. 373.102, F.S.; providing the
27 department's supervisory responsibility and
28 authorityfor full and timely implementation of
29 ch. 373, F.S.; providing legislative findings
30 and intent; providing budgetary procedures;
31 requiring an annual performance review of water

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1 management district policy and program
2 implementation; providing legislative intent
3 regarding funding of oversight and supervision
4 costs; amending s. 373.103, F.S.; conforming
5 provisions relating to the department's
6 delegation of powers and duties to water
7 management district governing boards; creating
8 s. 373.177, F.S.; providing for a comprehensive
9 water allocation strategy; providing
10 legislative findings and intent for creation of
11 water allocation areas and associated plans;
12 creating s. 373.179, F.S.; providing for
13 determination of water allocation areas;
14 providing criteria; specifying water allocation
15 areas; creating s. 373.183, F.S.; providing for
16 development of water allocation area plans;
17 providing responsibilities of the water
18 management districts and department; requiring
19 certain notice of meetings; specifying plan
20 requirements; providing for precedence of such
21 plans over other regulatory decisions or
22 actions; requiring department review and
23 reports; requiring legislative adoption of
24 plans, amendments, and changes; requiring
25 report of conflicts with the local
26 comprehensive plan; providing for resolution of
27 such conflicts by the Governor and Cabinet;
28 repealing p. 373.039, F.S., relating to the
29 Florida water plan; repealing s. 373.536(5),
30 F.S., relating to water management district
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budgetary procedures; providing an effective
date.


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


Section 1. Subsections (3) and (4) of section 373.016,
Florida Statutes, are amended to read:
373.016 Declaration of policy.--
(3) The Legislature recognizes that the water resource
problems of the state vary from region to region, both in
magnitude and complexity, and that state policy must address
regional differences in water resources, while providing
consistent statewide standards and goals. It is therefore the
intent of the Legislature to vest in the Department of
Environmental Protection or its successor agency the power and
responsibility to accomplish the conservation, protection,
management, and control of the waters of the state and with
sufficient flexibility and discretion to accomplish these ends
through delegation of appropriate powers to the various water
management districts. Whether or not any such powers are
delegated, the department remains responsible for
implementation of all provisions of this chapter through
either direct program operation or budgetary and programmatic
supervision of water management district activities. It is
the intent of the Legislature that this chapter be implemented
on a statewide basis, and the department may exercise any
power herein authorized in order to achieve full
implementation tf-be-exeretsed-by-e-water-management-disteet7
hewevert-to-the-greatest-extent-practeeable7-steh-power-shouid
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1 (4) It is further declared the policy of the
2 Legislature that each water management district, to the extent
3 consistent with effective management practices, shall
4 approximate its fiscal and budget policies and procedures to
5 those of the state. Any such policies or procedures that
6 differ substantially from those of the state shall be
7 identified by the department in reporting to the Legislature
8 pursuant to s. 373.102.
9 Section 2. Subsection (16) of section 373.019, Florida
10 Statutes, is amended to read:
11 373.019 Definitions.--When appearing in this chapter
12 or in any rule, regulation, or order adopted pursuant thereto,
13 the following words shall, unless the context clearly
14 indicates otherwise, mean:
15 (16) "State water policy" means the comprehensive
16 statewide policy as adopted by the department pursuant to ss.
17 373.026 and 403.061 setting forth goals, objectives, and
18 guidance for the development and review of programs, rules,
19 and plans relating to water resources. The waters of the state
20 are among its most basic resources. Such waters should be
21 managed to conserve and protect water resources and to realize
22 the full beneficial use of these resources. The-band-Use-and
23 Water-Planning-task-foree-was-estab+shed-by-chapter-99-2967
24 5aws-of-Parda7-te-formtae-eeemmendatens-f-he
25 Begs9ateure-on-the-reiatenship-between-distrit-water
26 management-piansT-the-growth-management-pert+en-of-he-state
27 egmprehensive-plan7-regtnai-po-ey-pans7-ad-ea
28 emprehensive-pa~as--Eder-e-prevde-fer-cssecy
29 between-growth-management-policy-and-water-managemente-pecy
30 the-task-freee-shak -make-reeemmendatens-to-the-+995
31 begistattte-en-he-mehad sms- -peedes-fr-estbsh

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and-amending-water-poierey-n-a n-ateemc-te-ensder-fhese
resemmendations-and-ree-tve-the-beneit-ef-a-review-by-Hense
and-Senate-natura- e9sourees-eemmittees7-.e-a&mendmen s-to
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Section 3. Section 373.026, Florida Statutes, is
amended to read:
373.026 General powers and duties of the
department.--The department, or its successor agency, shall be
responsible for the administration of this chapter at-the
state-ievel. However, it is the policy of the state that, to
the greatest extent possible, the department may enter into
interagency or interlocal agreements with any other state
agency, any water management district, or any local government
conducting programs related to or materially affecting the
water resources of the state. All such agreements shall be
subject to the provisions of s. 373.046. In addition to its
other powers and duties, the department shall, to the greatest
extent possible:
(1) Conduct, independently or in cooperation with
other agencies, topographic surveys, research, and
investigations into all aspects of water use and water
quality.
(2) Be the central repository for all scientific and
factual information generated by local governments, water
management districts, and state agencies relating to water
resources and, to that end, collect, maintain, and make
available such information to public and private users within
the state and assist in the acquisition of scientific and
factual data from water management districts, local








197-298A-1-6


1 governments, and the United States Geological Survey. All
2 local governments, water management districts, and state
3 agencies are directed to cooperate with the department or its
4 agents in making available to it for this purpose such
5 scientific and factual data as they may have, generate, or
6 possess, as the department deems necessary. The department is
7 authorized to prescribe the format and ensure quality control
8 for all data collected or submitted.
9 (a) Additionally, the department shall annually
10 publish a bibliography of all water resource investigations
11 conducted in the state.
12 (b) The department is additionally directed to
13 establish priorities for the development of a computerized
14 groundwater database upon the following principles:
15 1. Regions deemed prone to groundwater contamination
16 due to land use.
17 2. Regions that have an identifiable direct connection
18 with any confined aquifer utilized as a drinking water
19 aquifer.
20 3. Any region dependent on a single-source aquifer.
21 (3) Cooperate with other state agencies, water
22 management districts, and regional, county, or other local
23 governmental organizations or agencies created for the purpose
24 of utilizing and conserving the waters in this state; assist
25 such organizations and agencies in coordinating the use of
26 their facilities; and participate in an exchange of ideas,
27 knowledge, and data with such organizations and agencies. For
28 this purpose, the department may maintain an advisory staff of
29 experts.
30
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1 (4) Prepare and provide for dissemination to the
2 public of current and useful information relating to the water
3 resources of the state.
4 (5) Identify by continuing study those areas of the
5 state where saltwater intrusion is a threat to freshwater
6 resources and report its findings to the water management
7 districts, boards of county commissioners, and public
8 concerned.
9 (6) Conduct, either independently or in cooperation
10 with any person or governmental agency, a program of study,
11 research, and experimentation and evaluation in the field of
12 weather modification.
13 (7) Exercise general supervisory authority over all
14 water management districts. The department may exercise any
15 power herein authorized and shall be responsible for budgetary
S16 and programmatic oversight of all water management district
17 programs to-be-exercised-by-a-water-managementt-d*stie.
. 18 (8)(a) Provide such coordination, cooperation, or
19 approval necessary to the effectuation of any plan or project
20 of the Federal Government in connection with or concerning the
21 waters in the state. Unless otherwise provided by state or
22 federal law, the department shall, subject to confirmation by
23 the Legislature, have the power to approve or disapprove such
24 federal plans or projects on behalf of the state. If such plan
25 or project is for a coastal inlet, the department shall first
26 determine the impact of the plan or project on the sandy
27 beaches in the state. If the department determines that the
28 plan will have a significant adverse impact on the sandy
29 beaches, the department may not approve the plan or project
30 unless it is revised to mitigate those impacts.
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1 (b) The department, subject to confirmation by the r
2 Legislature, shall act on behalf of the state in the
3 negotiation and consummation of any agreement or compact with
4 another state or states concerning waters of the state.
5 (9)(a) Hold annually a conference on water resources
6 developmental programs. Each agency, commission, district,
7 municipality, or political subdivision of the state
8 responsible for a specific water resources development program
9 requiring federal assistance shall present at such conference
10 its programs and projects and the needs thereof. Notice of the
11 time and place of the annual conference on water resources
12 developmental programs shall be extended by mail at least 30
13 days prior to the date of such conference to any person who
14 has filed a written request for notification with the
15 department. Adequate opportunity shall be afforded for
16 participation at the conference by interested members of the
17 general public.
18 (b) Upon termination of the water conference, the
19 department shall select those projects for presentation in the
20 Florida program of public works which best represent the
21 public welfare and interest of the people of the state as
22 required for the proper development, use, conservation, and
23 protection of the waters of the state and land resources
24 affected thereby. Thereafter, the department shall present to
25 the appropriate committVes and agencies of the Federal
26 Government a program of public works for Florida, requesting
27 authorization for funds for each project.
28 (10) Adopjt by rule a state water policy, which shall
29 provide goals, objectives, and guidance for the development
30 and review of programs, rules, and plans relating to water
31 resources. This state water policy shall be consistent with

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the State Comprehensive Plan and may include such department
rules as are specifically identified in the policy.
amendments to this state water policy shall be adopted by the
secretary of the department. Notwithstanding the requirements
of chapter 120, any proposed amendment, in its final form as
noticed in the Florida Administrative Weekly, must be
submitted to the President of the Senate and the Speaker of
the House of Representatives by January 1 of the year in which
final agency action on the proposed amendment is intended.
Any such submitted amendment may be adopted at any time
following the conclusion of that year's regular legislative
session.
Section 4. Section 373.036, Florida Statutes, is
amended to read:
373.036 State water use policy pian.--
(1) The department shall proceed as rapidly as
possible to study existing water resources in the state; means
and methods of conserving and augmenting such waters; existing
and contemplated needs and uses of water for protection and
procreation of fish and wildlife, irrigation, mining, power
development, and domestic, municipal, and industrial uses; and
all other related subjects, including drainage, reclamation,
flood plain or flood-hazard area zoning, and selection of
reservoir sites. The department shall cooperate with the
Executive Office of the Governor, or its successor agency,
progressively to formulater-as-a-fetetianai-element-f-a
eqmprehensive-state-pcIan an integrated, coordinated policy
plan for the use and development of the waters of the state,
based on the above studies. This policy shall be adopted by
rule, pursuant to s. 373.026(10), as part of the state water
policy pian7-with-stch-amendmenfts7-sppemefty-and-additions


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1 as-may-be-neeessary-feRm-time-fe- meT-shai-be-known-as-the
2 state-wateer-ase-pa.
3 (2) In the formulation of the state water use policy
4 Man, the department shall give due consideration to:
5 (a) The attainment of maximum reasonable-beneficial
6 use of water for such purposes as those referred to in
7 subsection (1).
8 (b) The maximum economic development of the water
9 resources consistent with other uses.
10 (c) The control of such waters for such purposes as
11 environmental protection, drainage, flood control, and water
12 storage.
13 (d) The quantity of water available for application to
14 a reasonable-beneficial use.
15 (e) The prevention of wasteful, uneconomical,
16 impractical, or unreasonable uses of water resources.
17 (f) Presently exercised domestic use and permit
18 rights.
19 (g) The preservation and enhancement of the water
20 quality of the state and-te-ptvsions-f-the-state-watee
21 quality-plan.
22 (h) The state water resources policy as expressed by
23 this chapter.
24 (3) During the process of formulating or revising the
25 state water use policy plan, the department shall consult
26 with, and carefully evaluate the recommendations of, concerned
27 federal, state, and local agencies, particularly the governing
28 boards of the water management districts, and other interested
29 persons.
30 (4) Each governing board is directed to cooperate with
31 the department in conducting surveys and investigations of

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1 water resources, to furnish the department with all available
2 data of a technical nature, and to advise and assist the
3 department in the formulation and drafting of those portions
4 of the state water use policy pian applicable to the district.
5 tSt--Phe-department-shai-net-adepte -medtfy-che-state
6 water-ase-phan-er-any-prftion-tfhefreee-wtho-t-irsti-heidng-a
7 pbtie-hearting-on-the-matteerr--At-east-9-days-tn-advance-e
8 see-heartingy-the-deparfment-shaii-netfy-any-afeteed
9 govetning-boards7-and-shab3-gtive-necee-of-seh-hearing-by
10 publieataon-wit~in-the-affeeteed-regon-prstante-teo-he
11 pffovistns-f-ehapteei-+297-exee?-stteh-nfcte-by-ptbbieatton
12 sha15-be-exteeded-at-feast-99-days-tn-advance-eo-seek
13 hearings
14 (5)f)6 For the purposes of the state water use policy,
15 this-pean the department may, in consultation with the
S16 affected governing board, divide each water management
17 district into sections which shall conform as nearly as
18 practicable to hydrologically controllable areas and describe
19 all water resources within each area.
20 (6)t1) The department shall give careful consideration
21 to the requirements of public recreation and to the protection
22 and procreation of fish and wildlife. The department may
23 prohibit or restrict other future uses on certain designated
24 bodies of water which may be inconsistent with these
25 objectives.

26 (7)I8@ The department may designate certain uses in
27 connection with a particular source of supply which, because
28 of:-the nature of the activity or the amount of water required,
29 would constitute an undesirable use for which the governing
30 board may deny a permit.
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1 (8)t9) The department may designate certain uses in 7
2 connection with a particular source of supply which, because
3 of the nature of the activity or the amount of water required,
4 would result in an enhancement or improvement of the water
5 resources of the area. Such uses shall be preferred over
6 other uses in the event of competing applications under the
7 permitting systems authorized by this chapter.
8 (9) The state water use policy shall be developed in
9 coordination with the water quality standards and
10 classifications system of the department.
11 (10) The department, in cooperation with the Executive
12 Office of the Governor, or its successor agency, may add to
13 the state water use policy plan any other information,
14 directions, or objectives it deems necessary or desirable for
15 the guidance of the governing boards or other agencies in the
16 administration and enforcement of this chapter.
17 Section 5. Section 373.0395, Florida Statutes, is
18 amended to read:
19 373.0395 Water Groandwater-basin resource availability
20 inventory.--Each water management district shall develop a
21 water groundwater-basin resource availability inventory
22 covering those areas not delineated under s. 373.179 deemed
23 appopr ate-by-the-governtng-beard. This inventory shall
24 include, but not be limited to, the following:
25 (1) Identification of all water sources in the area
26 and the potential quantities of water available from each
27 source for consumptive uses. The determination of the
28 potential quantity available from each source for consumptive
29 uses shall be limited to the cumulative amount of water that
30 can be withdrawn from the source without causing harm to the
31 water resources or ecology of the area or any contiguous area.

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1 (2) Identification of alternative water supplies that
2 could be developed within the area and the amount of water
3 potentially available from each such source. The amount of
4 water available from such sources shall be estimated based
5 upon the best available data and methodology.
6 (3) Total annual water use for the area. Total
7 permitted water use for the area shall be the actual amount of
8 water use associated with such permits. Total water use for
9 exempt or unlawful uses shall be estimated using the best
10 available information and methodology.
11 (4) Projection of water use in the area for the next
12 20 years, including an analysis of projected water demands
13 based upon adopted local government comprehensive plans.
14 f+t--A-hydrogeoogie-st-dy- dene-heg dae
15 bas i-and-its-assoeiated-reeharge-areasT
16 t2--Site-spec e-areas-n-tee-basn-deemed-prne-
17 eentaaination-er-everdraft resting-fo-e e-r-poected
18 deve-epmentc
19 f3t--PFrme-greandwater-reeharge-areasT
20 t4)--ertterta-to-estabsh-m-eaoa
21 groend-water-leveesT
22 2(t--reaa-sattable-fo-ttere-wae-resentee
23 deveepe ent-within-the-grendwater-basinT
24 (6)--xisting-sot ees-e-was-ewate-dsehre-s abe
25 f5o-ttese-as-wet-as-bhe-feasb
26 welifields7
27 f--Peteentia3-quantcs-ef-watter-avaabe-fo
28 eanst~umpve-ises-
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30 Upon completion, a copy of the water resource gretndwater
31 basin availability inventory shall be submitted to each

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1 affected municipality, county, and regional planning agency. |
2 This inventory shall be reviewed by the affected
3 municipalities, counties, and regional planning agencies for
4 consistency with the local government comprehensive plans plan
5 and shall be considered in future revisions of such plans
6 plan. Each water management district shall review its water
7 resource availability inventory annually and shall amend its
8 inventory as more accurate data become available. It is the
9 intent of the Legislature that the inventories developed
10 pursuant to this section be used by local governments as the
11 best available data related to water resources and that future
12 growth and development planning reflect the limitations of the
13 available grotndwater-or-othei-avaeiabie water supplies.
14 Section 6. Subsection (1) of section 373.046, Florida
15 Statutes, is amended, subsections (2), (3), and (4) are
16 renumbered as subsections (3), (4), and (5), respectively, and
17 a new subsection (2) is added to said section, to read:
18 373.046 Interagency agreements.--
19 (1) The department may enter into interagency
20 agreements with or among any other state agencies conducting
21 programs or exercising powers related to or affecting the
22 water resources of the state. Such agreements may establish
23 principal-agency or contract relationships; provide for
24 cross-deputization of enforcement personnel; provide for
25 consolidation of facilities, equipment, or personnel; or
26 provide such other relationships as may be deemed beneficial
27 to the public interest. Such interagency agreements shall be
28 promulgated in the same manner as rules and regulations,
29 subject to chapter 120. All state agencies conducting
30 programs or exercising powers relating to or affecting the
31 water resources of the state are hereby authorized to delegate

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such authority to the department or any of the several water
management districts pursuant to such interagency agreements
with the department.
(2) Pursuant to s. 373.102, the department shall enter
into an interagency agreement with all of the water management
districts jointly, to provide for district funding of
supervisory and oversight activities performed by the
deDartment.
Section 7. Paragraph (b) of subsection (4) of section
373.079, Florida Statutes, is amended to read:
373.079 Members of governing board; oath of office;
staff.--
(4)
(b)1. The governing board of each water management
district shall employ an inspector general, who shall report
directly to the board. However, the governing boards of the
Suwannee River Water Management District and the Northwest
Florida Water Management District may jointly employ an
inspector general, or provide for inspector general services
by interagency agreement with a state agency or water
management district inspector general.
2. An inspector general must have the qualifications
prescribed and perform the applicable duties of state agency
inspectors general as provided in s. 20.055.
3s--Within-45-days-of-the-adeption-of-tfhe-ftnak-btdgef
the-governing-board-shai-s9bmte-a-5-year-eapita -improvement
pgaa-and-fisea3-tepert-for-tehe-dsteet-tea-the-6evernor7-fhe
President-of-the-Senate7-tche-Speaker-ef-the-Hetse-ef
Reepesentati~ves-and-the-Sereteary-of-EnvirenmentaI
Pretee ;et-5he-eaptak-imtprovemen-paan-mBsh-neede-expeteed
seorees-eo-eevente-for-phaned-tiprevemens-and-shaei-be







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1 prepared-in-a-mannee -e aabie-o-fhe-fixed-capta- e ay I
2 c meaf-se -Soyh-n-sT-S^S-aT- he- see -repor-shati-csyt
3 tee-preeeding-fisea=-yea-and-shai-ineie-a-sammary
4 statement-sf-the-fin naneat-operateons-oe-tehe-dstete
5 Section 8. Section 373.102, Florida Statutes, is
6 created to read:
7 373.102 Implementation of chapter; department's
8 supervisory responsibility and authority.--The Legislature
9 finds that state water policy can be implemented on a regional
10 basis through delegation of appropriate powers to the water
11 management districts, but that strong state oversight is
12 necessary to ensure that such policy is consistently
13 implemented throughout the state and to provide accountability
14 at the state level. It is, therefore, the intent of the
15 Legislature that the department shall be responsible for
16 implementation of this-chapter. If the department delegates to
17 a water management district the authority to implement any
18 provision of this chapter, the department shall exercise
19 general supervisory authority over the water management
20 district to ensure full and timely implementation of the
21 provision. The department's exercise of such authority shall
22 include, but not be limited to, budgetary and programmatic
23 oversight of all water management district activities.
24 (1)(a) Each water management district shall, by August
25 5 of each year, submit to the Department of Environmental
26 Protection, the Executive Office of the Governor, and the
27 chairs of the appropriations committees of the Legislature for
28 review a tentative budget that includes, but is not limited
29 to, the following information for the preceding fiscal year
30 and the current fiscal year, and the proposed amounts for the
31 upcoming fiscal year, in a standard format prescribed by the

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department which is generally consistent with the format
prescribed by legislative budget instructions for state
agencies and the format requirements of s. 216.031:
1. The millage rates and the percentage increase above
the rolled-back rate, together with a summary of the reasons
the increase is required, and the percentage increase in
taxable value resulting from new construction;
2. For each program area, the salary and benefits,
expenses, operating capital outlay, number of authorized
positions, and other personal services;
3. A description of each new, expanded, reduced, or
eliminated program;
4. A 5-year capital improvements plan; and
5. The funding sources, including, but not limited to,
ad valorem taxes, Surface Water Improvement and Management
Program funds, other state funds, federal funds, and user fees
and permit fees for each program area.
(b) The department shall, by September 5 of the year
in which the budget is submitted, after taking into account
continuing and proposed program needs, provide its review and
comments to the governing board and the Governor. By September
5 of the year in which the budget is submitted, the Executive
Office of the Governor and the House and Senate appropriations
chairs may transmit to each district comments and objections
to the proposed budgets. Each district governing board shall
include a response to such comments and objections in the
record of the governing board meeting where final adoption of
the budget takes place, and the record of this meeting shall
be transmitted to the Executive Office of the Governor, the
department, and the chairs of the House and Senate
appropriations committees.








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1 (2) Within 45 days after the adoption of the final
2 budget, the governing board shall submit a 5-year capital
3 improvement olan and fiscal report for the district to the
4 Governor, the President of the Senate, the Speaker of the
5 House of Representatives, and the Secretary of Environmental
6 Protection. The capital improvement plan must include expected
7 sources of revenue for planned improvements and shall be
8 prepared in a manner comparable to the fixed capital outlay
9 format set forth in s. 216.043. The fiscal report shall cover
10 the preceding fiscal year and shall include a summary
11 statement of the financial operations of the district.
12 (3) The department shall annually, on or before
13 December 15, file with the Governor and the Legislature a
14 report that summarizes the expenditures of the water
15 management districts by program area and identifies the
16 districts that are not in compliance with the reporting
17 requirements of this section. State funds shall be withheld
18 from a water management district that fails to comply with
19 these reporting requirements. The report also shall contain a
20 performance review by the department of policy and program
21 implementation by each of the water management districts
22 during the preceding fiscal year. For each district, the
23 report shall identify those sections and provisions of this
24 chapter that have not been fully implemented.
25 (4) It is the intent of the Legislature that the
26 annual costs of oversight and supervision of the water
27 management districts by the department, as provided by this
28 chapter, be funded by the water management districts. The
29 department and the governing boards of the water management
30 districts shall enter into an interagency agreement, pursuant
31 to s. 373.046, that provides for the annual contribution of an

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1 appropriate amount from each water management district to the
2 department, giving full consideration to the limited fiscal
3 resources of the Northwest Florida and Suwannee River Water
4 Management Districts, such that the total amount contributed
5 annually from all of the water management districts is
6 sufficient to pay for all department budgeted costs for
7 oversight and supervision of water management district
8 activities.
9 Section 9. Section 373.103, Florida Statutes, is
10 amended to read:
11 373.103 Powers which may be vested in the governing
12 board at the department's discretion.--Subject to budgetary
13 and programmatic oversight by the department in-addlitin-te
14 the-~ther-powers-and-dtties-aleowed-it-by-law, the governing
15 board of a water management district may be specifically
.' 16 authorized by the department to:
17 (1) Administer and enforce all provisions of this
18 chapter, including the permit systems established in parts II,
19 III, and IV of this chapter, consistent with state water
20 policy.
21 (2) Cooperate with the United States in the manner
22 provided by Congress for flood control, reclamation,
23 conservation, and allied purposes in protecting the
24 inhabitants, the land, and other property within the district
25 from the effects of a surplus or a deficiency of water when
26 the same may be beneficial to the public health, welfare,
27 safety, and utility.
28 (3) Plan, construct, operate, and maintain works of
29 the district as defined in this chapter.
30 (4) Determine, establish, and control the level of
31 waters to be maintained in all canals, lakes, rivers,

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1 channels, reservoirs, streams, or other bodies of water
2 controlled by the district; to maintain such waters at the
3 levels so determined and established by means of dams, locks,
4 floodgates, dikes, and other structures; and to regulate the
5 discharge into, or withdrawal from, the canals, lakes, rivers,
6 channels, reservoirs, streams, or other bodies of water
7 controlled by the district or which are a work of the
8 district, including review of small watershed projects (Pub.
9 L. No. 83-566).
10 (5) Expend, at the discretion of the governing board,
11 for purposes of promotion, advertisement, and improvement of
12 the program and objectives of the district, a yearly sum not
13 to exceed 0.25 percent of the moneys collected by taxation
14 within the district.
15 56)--exercise-seh-addeei a-power-and-athert
16 eempatibie-with-tehs-ehapter-and-ether-satatees-and-federae
17 aws-asffecting-the-dtfistrete-as-ay-be-Beessary-fo-perfoB
18 saeh-daties-and-aects-and-ta o-dece-sueh-maters-and-dispose-eo
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20 statutes
21 fFt--PrepareT-in-eepepratont-with-the-departmenty-that
22 part-f-the-state-water-tse-phan-appc
23 (6)t8t Delegate to a local government by rule or
24 agreement the power,and duty to administer and enforce any of
25 the statutes, rules, or. regulations relating to stormwater
26 permitting or surface water management which the district is
27 authorized or required to administer, including those
28 delegated by a state agency to the district, if the governing
29 board determines, with the concurrence of the department, that
30 such a delegation is necessary or desirable. Such a
31 delegation shall be made only if the governing board

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determines, with the concurrence of the department, that the
Ic al government's program for administering the delegated
statute, rule, or regulation:
(a) Provides by ordinance, regulation, or local law
for requirements compatible with or stricter or more extensive
than those imposed by the statute or the rules and regulations
adopted pursuant thereto;
(b) Provides for the enforcement of such requirements
by appropriate administrative and judicial processes; and
(c) Provides for administrative organization, staff,
and financial and other resources necessary to effectively and
efficiently enforce such requirements.


Any agreement to delegate powers and duties pursuant to this
subsection shall include the department as a party. The
governing board shall give prior notice of its intention to
enter into an -agreement described in this subsection. At a
minimum, such notice shall be published in the Florida
Administrative Weekly at least 21 days in advance of the
governing board's action. At least once every 6 months, the
district shall update its rules to include a list of the
agreements adopted pursuant to this subsection to which the
district is a party. The list shall identify the parties to,
and the date and location of each agreement, and shall specify
the nature of the authority delegated by the agreement.
Section 10. Section 373.177, Florida Statutes, is
created to read:
373.177 Comprehensive water allocation strategy.--The
Legislature finds that certain areas of the state are
experiencing conflicts in meeting water use demand. These
conflicts result from a number of causes, including rapid








197-298A-1-6


1 population growth with associated heavy increases in water
2 use, exhaustion of immediately available natural water
3 sources, the complexities of matching available water sources
4 with often distant water users, the costs of developing
5 alternative water supply systems and the facilities and
6 infrastructure necessary to transport water to users, and the
7 lack of integrated water supply plans for these areas. Left
8 unresolved, these conflicts may lead to further harm to water
9 resources and the inefficient expenditure of funds in the
10 resolution of such conflicts and in the development of water
11 supply systems that are not regionally coordinated. The
12 Legislature further finds that the regulatory programs
13 established pursuant to part II of this chapter are
14 insufficient, by themselves, to determine water allocations in
15 these areas.
16 (1) Accordingly, one or more water allocation areas
17 and associated plans shall be created by statute for certain
18 areas of the state experiencing water use conflicts, for the
19 purpose of providing a comprehensive strategy for the
20 allocation and development of water resources within the
21 boundaries of the area in order to realize the highest
22 beneficial use of water at the least cost.
23 (2). It is the intent of the Legislature that each
24 water allocation area shall be self-sufficient as to water
25 supplies and that waterdemands within the area shall be met
26 by withdrawals or alternative water supply systems located
27 within the area. It is also the intent of the Legislature
28 that the provisions of a water allocation area plan, once
29 effective pursuant to the provisions of this chapter, shall
30 take precedence over any process, requirement, or decision
31

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subsequently invoked under any regulatory or permitting
program under law.
Section 11. Section 373.179, Florida Statutes, is
created to read:
373.179 Determination of water allocation
areas.--Certain areas of the state are delineated, pursuant to
this section, into water allocation areas for the
comprehensive allocation and development of water resources
within the boundaries of the area. The Legislature finds that
it is in the public interest to develop regional water
allocation plans for such areas. Water allocation areas shall
be determined only by legislative act.
(1) A defining characteristic of a water allocation
area is that the. area is self-sufficient as to water supplies.
The following criteria also shall be considered in delineating
the boundaries of a water allocation area:
(a) Boundary lines should not cross major hydrologic
boundaries, for resource protection and transport
infrastructure cost reasons.
(b) Boundaries should be drawn to include
opportunities to develop both natural and alternative water
supplies.
(c) Boundaries should be drawn to group together
localities and communities that have common social, cultural,
and economic bonds. -
(d) Boundaries should be drawn so that the projected
costs of water supply throughout the area do not become overly
burdensome for any water use in the public interest.
(2) The Legislature determines the following to be
water allocation areas:








197-298A-1-6


1 (a) The land area, including the land surface area, of
2 the Central West-Central Florida Ground-Water Basin within the
3 Southwest Florida Water Management District.
4 (b) The land area, including the land surface area, of
5 that portion of the Southern West-Central Florida Ground-Water
6 Basin that lies within the Southwest Florida Water Management
7 District.
8 (c) The land area for which the Lower East Coast
9 Regional Water Supply Plan of the South Florida Water
10 Management District has been developed.
11 Section 12. Section 373.183, Florida Statutes, is
12 created to read:
13 373.183 Water allocation area plans.--
14 (1) A water allocation area plan shall be developed
i5 for each water allocation area delineated in s. 373.179. The
16 water management district within which a water allocation area
17 is located shall be responsible for conducting and managing
18 the proceedings through which the plan is developed and for
19 producing the plan document.
20 (2) Prior to initiating the proceedings for
21 development of a water allocation area plan, the water
22 management district independently shall calculate the minimum
23 flows and levels for all surface watercourses, aquifers, and
24 surface waters, pursuant to the provisions of s. 373.042.
25 Such calculations shallbe performed internally by the water
26 management district without hearing and shall become part of
27 the plan document, subject to subsequent legislative review.
28 Following the calculation of minimum flows and levels pursuant
29 to this subsection but prior to initiating the proceedings for
30 development of a water allocation area plan, the water
31 management district independently shall employ the minimum

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_I








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flows and levels to calculate independently the sustainable
water yield from every aquifer or surface water body within
the water allocation area that could reasonably serve as a
water supply source. The yields shall be determined
internally.by the water management district without hearing,
subject to subsequent legislative review, and shall be used in
developing the water allocation area plan as the quantities
available for use from natural water sources.
(3) The water management district shall conduct as
many meetings at as great a frequency as may be necessary to
produce a water allocation area plan document within the time
deadlines imposed by this section. The plan shall be
developed to the greatest extent possible as a consensus
agreement of all users, appropriate government entities,
affected parties, property owners, and residents within the
boundaries of the water allocation area. However, the water
management district is given the express authority to complete
the plan unilaterally, if necessary, in order to meet the time
deadlines of this section. Notice of the date, time, and
location of every meeting conducted pursuant to this section
shall be published by arrangement of the water management
district at least 30 days prior to the meeting in the Florida
Administrative Weekly, and between 2 and 5 days prior to the
meeting by no less than a one-half page display advertisement
in every major newspaper published within the water allocation
area.

(4) The plan document, at a minimum, shall determine
the sources of water supply from all natural water supply
sources within the allocation area for the following broad
categories of use: public supply, agriculture, commercial or
industrial, power generation, and recreational. The plan








197-298A-1-6


1 document also must establish the length of time the plan is
2 aoplicable, plans of longer duration being encouraged. In
3 addition, the plan shall:
4 (a) Match uses with sources;
5 (b) Evaluate the cost and feasibility of developing
6 alternative water supplies;
7 (c) Evaluate infrastructure costs;
8 (d) Provide for the development of alternative water
9 supply systems and infrastructure;
10 (e) Provide for cost allocations among users within
11 the area;
12 (f) Prioritize uses where supplies are limited; and
13 (g) Minimize transport and infrastructure costs.
14
15 The provisions of a water allocation area plan, including all
16 allocation decisions and all other determinations regarding
17 the protection-, development, and management of water supplies,
18 shall control any.regulatory decision or action under law and
19 shall serve to guide all regulatory decisions made pursuant to
20 part II of this chapter.
21 (5) Each water allocation area plan shall be completed
22 and submitted to the Legislature by the appropriate water
23 management district by December 31 of the year that the water
24 allocation area is created by the Legislature. The department
25 shall review all completed plans for compliance with statutes
26 and shall present a report to the Legislature on such
27 compliance by January 31 of the following year. Each plan
28 shall be reviewed by the Legislature in the regular
29 legislative session of the year following the creation of the
30 water allocation area for which the plan is developed. The
31 plan must be adopted through an act of the Legislature in

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order to take effect. The department shall annually submit to
the Legislature by January 31, a separate report for each
water allocation area plan that shall contain any
recommendations for amendments to the plan or changes to the
boundaries of the water allocation area. Any such amendments
or changes must be adopted by legislative act.
(6) By June 30 of the year of the adoption of a plan
by the Legislature, the department and the Department of
Community Affairs shall present a report to the Governor and
the Legislature identifying conflicts and inconsistencies
between the plan and any relevant local government
comprehensive plan. The Governor and Cabinet shall have the
authority to resolve any such conflicts or inconsistencies by
order amending a local government comprehensive plan.
Section 13. Section 373.039, Florida Statutes, and
subsection (5) of section 373.536, Florida Statutes, as
amended by chapters 94-356 and 95-148, Laws of Florida, are
hereby repealed.
Section 14. This act shall take effect upon becoming a
law.










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197-298A-1-6


1 ******************************************
2 HOUSE SUMMARY
3
4 Removes provisions in the definition of "state water
5 policy" relating to legislative review of the mechanisms
6 and procedures for establishing and amending water
7 policy. Requires submission of proposed amendments to
8 the state water policy to the President of the Senate and
9 the Speaker of the House of Representatives. Prescribes
10 a timeframe for such submissions and for adoption of such
11 amendments by the Secretary of Environmental Regulation.
12 Retitles the state water use "plan" as the state water
13 use "policy" and provides for its adoption as part of the
14 state water policy. Repeals the Florida water plan and
15 incorporates elements thereof into the state water use
16 policy.
17
18 Revises and clarifies duties and responsibilities, and
19 the respective authority, of the Department of
20 Environmental Protection and the water management
21 districts. Provides for department budgetary and
22 programmatic oversight and supervision of district
23 activities and the full and timely implementation of
24 policies and programs. Requires an interagency agreement
25 between the department and the districts jointly, for
26 district funding of the costs of such oversight and
27 .supervision. Consolidates provisions relating to
28 district budgetary procedures. Provides for annual
29 performance review of each district by the department.
30
31 Provides legislative findings and intent regarding a

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197-298A-1-6


1 comprehensive water allocation strategy for the state.
2 Provides criteria for creation of water allocation areas
3 and soecifies described areas to be water allocation
4 areas. Provides for development of water allocation area
5 plans by the water management districts or, under
6 specified circumstances, by the department. Specifies
7 plan requirements. Stipulates that such plans control
8 over other regulatory decisions or actions. Provides for
9 review of plans by the department, Department of
10 Community Affairs, and Legislature. Requires legislative
11 adoption for a plan to go into effect. Revises provisions
12 relating to groundwater basin resource availability
13 inventories to require the districts to develop water
14 resource availability inventories for all areas not
15 within the water allocation areas. Specifies inventory
16 contents, provides for use by local governments, and
17 requires annual review and amendment.
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