Title: House Bill 999 of the Florida House of Representatives 1983
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00004093/00001
 Material Information
Title: House Bill 999 of the Florida House of Representatives 1983
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - House Bill 999 of the Florida House of Representatives 1983 (JDV Box 54)
General Note: Box 17, Folder 2 ( Task Force on Water Issues, Bills Passed, Articles - 1980s ), Item 36
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004093
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
.Florida House of Representatives 1983

By Representative Silver


A bill to be entitled
An act relating to water resources; creating
ss. 373.701-373.708, Florida Statutes; the
"Water Resources Commission Act"; creating the
Florida Water Resources Commission, a state
agency within the Department of Environmental
Regulation; providing definitions; providing
for the appointment and removal of
commissioners and for their qualifications,
terms of office, meetings, reimbursements, and
records; providing for an executive director;
prescribing powers and duties of the
commission, including a duty to formulate the
state water use plan and to adopt an annual
water resources program; requiring the
commission to obtain consumptive use permits
from water management districts as necessary;
authorizing the commission to join with any
other state or local governmental entity to
develop a water supply system; authorizing the
commission to use any state land for specified
purposes; providing state consent to the use of
its real property for a water production
project; authorizing the use of any ground
water or surface water within the state for
water supply purposes; requiring the commission
to operate its water supply facilities in
compliance with all applicable laws and water
quality standards; requiring the department and
the water management districts to supply
certain information to the commission;


)


--


C)





'-in


/


0


CODING: Words in 4 l4i s1il type are deletions from existing low; words unj rlieda e o ddities.


N


HB 999




117-104-4-3


117-104-4-3


requiring the commission to make

recommendations to the secretary of the

department in connection with authorizing the

creation of regional water supply authorities;

authorizing the commission to issue revenue

bonds, granting appropriate powers, duties, and

obligations, and authorizing certain uses of

the bond proceeds; authorizing counties to

donate certain lands to the commission for

specified purposes; adding s. 373.223(1)(d),

Florida Statutes; requiring that applicants for

consumptive water use permits show that such

use will be consistent with the state water use

plan and water resources program; providing an

effective date.



WHEREAS, the Legislature finds that water and its

related resources are state assets vested with local and state

interests, and

WHEREAS, the conservation, utilization, development,

management, and control of the water and related resources of

the state under a comprehensive water use plan will bring the

greatest benefits and produce the most efficient service in

the public welfare, and

WHEREAS, the water resources of the state are affected

with a local, regional, and state interest and their planning,

conservation, utilization, development, management, and

control are public purposes, and

WHEREAS, the water resources of the state, if properly

planned and utilized, are ample to meet projected demands, and

ever-increasing economies and efficiencies in the use and
2

CODING: Words in sLk sh wu lype are d*letiie fr*m existing low; werds u jdli aire addition$.


1.18 1
2

1.19 3
4

1.20 5
6

1.21 1


9

1.22 10
II

1.24 12
13

1.25 14


16
I'

1.26
18

19

1.27 20

1.28 21
22

1.29 23
24

1.30 25

1.31
27

1.32 28

1.33 29

1.34 3
31


reuse of water resources can be brought about by comprehensive

planning, programming, and management, and

WHEREAS, because of this state's ever-increasing

population and resulting increase in demand upon this state's

water resources for human consumption, agriculture, industry,

and domestic use, there is an urgent need to establish a water

resources authority within the Department of Environmental

Regulation to assist municipalities, counties, and other

governmental entities in obtaining an adequate and dependable

water supply, and

WHEREAS, although water is one of this state's abundant

resources, it is not always located in proximity to Florida's

growing population centers, and there is periodic drought in

certain areas of the state, which conditions require the

establishment of a professional state entity to locate and

establish abundant potable water sources for use by all of the

people of this state, and

WHEREAS, the magnitude and location of Florida's water

supplies requires development upon a larger scale than local

governmental entities can feasibly finance; because of the

principle of economy of scale, state participation in

development of Florida's water sources is mandatory if

shortages of water are to be avoided in the future due to the

lack of development of the adequate sources which exist within

the state; it is, therefore, the duty and obligation of state

government to ensure that proper planning and development of

this resource upon a statewide basis is coordinated through

one state agency responsible for the supply of water to all

areas of the state so that full beneficial use of this

resource can be realized, NOW, THEREFORE,


CODING: Words in *4r*shk Is.eL. type are deleties Ifrm xistl.n low; words undedinioere additions.


1.35


1.36

1.37



1.38

1.39



1.40


1.41

1.42



1.43

1.44




1.45

1.46



1.47



1.48

1.49


1.5C

1.51





117-104-4-3


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


Section 1. Sections 373.701 through 373.708, Florida

Statutes, shall be designated as:
PART VII

WATER RESOURCES COMMISSION ACT

Section 2. Section 373.701, Florida Statutes, is

created to read:

373.701 Definitions.--As used in this part:

(1) 'Commission" means the Florida Water Resources

Commission.

(2) "Watershed" means that geographical and

hydrological area consisting of a water management district as

defined and described in a. 373.019.

(3) "Water supply* means in general the sources of

water for public and private use.
(4) "Water supply source" means a stream, lake,

spring, or aquifer from which a supply of water can be

obtained.
Section 3. Section 373.702, Florida Statutes, is

created to read:

373.702 Florida Water Resources Commission, creation;

short title.--There is hereby created the Florida Water

Resources Commission within the Department of Environmental

Regulation. The principal office of the commission shall be

in Tallahassee. Necessary branch offices may be established

at such places and under such rules and regulations as the

commissioners may prescribe. The commission shall be a state

agency subject to the provisions of chapter 120.

Section 4. Section 373.703, Florida Statutes, is

created to read:
4

CODING: Words in m I t Ilg type are deletions from existing law; words ulndrlineer additions.


l:enc


1.65

1.66

1.66

1.67


1.69

1.70

1.71

1.72


1.73


373.703 Commissioners.-

(1) The commission shall consist of five members

appointed by the Governor and subject to confirmation by the

Senate pursuant to s. 114.05. Each member shall be a resident

of the state, and one member shall reside within the

geographical boundaries of each of the five water management

districts. Each member shall be a registered professional

engineer licensed in this state for at least 5 years before

appointment, have geological knowledge and expertise in the

Florida aquifer systems, and have experience in administration

of water supply facilities.

(2) Each commissioner shall serve for a term of 4

years and shall be eligible for reappointment for only one

additional term, except that:
(a) The governor shall initially appoint one

commissioner for a term of 1 year, one for a term of 2 years,

one for a term of 3 years, and two for a term of 4 years each;

(b) The Governor may remove a commissioner from office

for malfeasance in office, persistent neglect of or inability

to discharge duties, or offenses involving moral turpitude,

and for no other cause; and

(c) Any commissioner appointed to fill a vacancy

occurring prior to the expiration of the term for which his

predecessor was appointed shall be appointed for the remainder

of that term.

(3) The Governor shall designate one of the 4-year-

term commissioners as chairman for the first year the

commission exists. Thereafter, the commissioners shall elect

annually one of their number as chairman. If the chairman is

absent or ill, the commission may select a temporary chairman.


CODING: Words in es*Mk stok type are deletions from existing law; words undelinad r additions.


117-104-4-3




117-104-4-3


(4) A commissioner shall receive no salary but shall

be reimbursed for per diem and travel expenses incurred in the

performance of his duties as provided in s. 112.061.

(5) Regular meetings of the commission shall be held

monthly. Special meetings may be called by the chairman or at

the request of a majority of the commissioners. Three members

in attendance shall constitute a quorum.

(6) A complete record of the proceedings of the

commission shall be made, and such record shall be open to

public inspection.

Section 5. Section 373.704, Florida Statutes, is

created to read:

373.704 Executive director.--The commission shall

employ an executive director who shall have been a registered

professional engineer for at least 5 years prior to his

employment, be experienced in the field of water management or

water supply, and have geological knowledge and expertise in

the state's aquifer systems. He shall serve at the pleasure

of the commission. The executive director shall employ the

full-time and part-time employees, including attorneys,

engineers, hydrologists, geologists and other specialists with

expertise in the field of water supply development and

administration that the commission deems necessary to assist

in carrying out the powers, duties, and functions designated

in this part.

Section 6. Section 373.705, Florida Statutes, is

created to read:

373.705 General powers.--The commission is authorized

to make contracts; to lease, buy, acquire, hold and dispose of

real and personal property; to sue and be sued; to hire such

employees, attorneys, consultants, and agents as the

6
CODING: Words in **,*. ifebeoi type or* deletion$ from existing law; words ierliftild or, additions.


2

3

S4

5

6




9

10

I)

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


commission shall require, to define their authority and

duties, and in its discretion to require bonds of them and to

fix the conditions thereof; and to adopt rules as necessary to

carry out the purposes of this part. The commission shall

determine and prescribe, consistent with general law, the

manner in which its obligations shall be incurred and its

expenses allowed and paid. The commission, by and with the

consent of any board, commission, or department of the state,

including any field service thereof, may avail itself of the

use of information, facilities, officers, and employees of

such agency in carrying out the provisions of this part.

Section 7. Section 373.706, Florida Statutes, is

created to read:

373.706 Special powers and duties.--The commission:

(1) Shall assist any municipality, county, regional

water supply authority, or any other governmental entity of

this state by selling to such entity water in such quantities

as is necessary to ensure an adequate and dependable water

supply to all areas of the state.

(2) Shall acquire land, water, and water rights,

develop, store, and transport water; provide, sell, and

deliver water to municipalities, counties, regional water

authorities, or other governmental entities who sell or

provide water for public, agricultural, industrial, or other

domestic use.

(3) May enter into contracts for sale of water and

water services upon terms and conditions and at rates and

charges established by the commission which will

proportionately assess an equitable share of the capital cost

and operating expense of the commission to the purchaser of

water from the commission. In establishing such rates, terms

7

CODING: Words in L k* it l,type o deletions from e.xising Iaw; word$ undrlined ore additions.


117-104-4-3




117-104-4-3


and conditions, the commission shall not be subject to the

supervisory control or regulation of any other state board or

commission.

(4) Shall not engage in local water distribution.

(5) May exercise the power of eminent domain in the

manner provided by law for the condemnation of private

property for public use to acquire title to such interest in

real property as is necessary to the exercise of the powers

herein granted, except that it shall not exercise such power

to acquire water and water rights already devoted to

reasonable and beneficial use for any water production or

transmission facilities owned by any municipality, county,

regional water authority, or other governmental entity

supplying water to the people of the state.

(6) May acquire by gift, purchase, or power of eminent

domain any lands within the state for aqueduct or transmission

lines necessary to supply water under the powers herein

granted.

(7) Shall, while developing the necessary water

supplies, protect the environment of the state by instituting,

wherever possible, procedures and technology to fully protect

the water resources of this state.

(8) Shall plan for meeting the state's future water

supply needs by use of surveys, studies, and investigations in

order to ascertain the character and need of the watershed

areas of the state for reasonable, beneficial use of water to

the end that distribution of water throughout the state may be

accomplished without any watershed area experiencing a water

shortage.





8
CODING: Wods. In 4L i, *g type are deletions from exiting low; words underlinrd ore additions.


2.54



2.55

2.56

2.57



2.58

2.59



2.60



2.61



2.62

2.63


3

- 4

5

6

7

8

9

10

11

22

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


(9) Shall, whenever necessary, obtain consumptive use

permits from the appropriate water management district in

developing a source.

(10) Shall assist in maximizing the economic

development of the water resources within the various

watersheds of the state.

(11) May join with any other agency of the state or

with any municipality, county, regional water authority, or

other governmental entity supplying water to the people of the

state in any project for the development of a water supply

system.

(12) May utilize any land owned by the state or by a

state agency for a water source, treatment, or transmission

purpose provided such use is not repugnant to its existing use

and does not substantially impair the environment of the land.

The state hereby consents to the use and occupation of any

real property now or hereafter owned by it necessary for the

construction, operation, or maintenance of any water

production project of the commission including state land

lying beneath any navigable waters of the state.

(13) May utilize any ground water or surface water

within the state for water supply purposes.

(14) Shall operate any water supply facility owned or

controlled by it in compliance with all applicable laws and

shall produce water strictly in compliance with all applicable

legally established water quality standards.

(15) Shall be responsible for formulation of the state

water use plan described in a. 373.036. The plan shall be

developed and adopted by January 1, 1988. All data heretofore

developed by the department pursuant to its responsibilities

under s. 373.036 shall be furnished to the commission to

9

CODING: Words in *o Lk sAino. ype are deletions, from eXsting Iew; wedsc yhqline are addithn s.


2.71

2.72



2.73

2.74


2.75

2.76



2.77



2.78

2.79



2.80

2.81

2.82



2.83



2.84

3.1

3.2

3.3



3.4

3.5

3.7

3.8



3.9


117-104-4-3





117-104-4-3


facilitate formulation of the state water use plan. In

furtherance of the obligation to cooperate, advise, and assist

in formulation of the state water use plan, the governing

board of each water management district shall supply to the

commission, not later than January 1, 1987, the groundwater

basin resource availability inventory prescribed by s.

373.0395, for consideration by the commission in development

of the state water use plan. In the formulation of the state

water use plan, the commission may consider such other

information and data as it may deem appropriate, including but

not limited to, data and information from the U.S.

Environmental Protection Agency, the U.S. Geological Survey,

the Department of Environmental Regulation, the Department of

Health and Rehabilitative Services, regional water supply

authorities, regional planning councils, counties, and

municipalities. In addition to the considerations expressed

in a. 373.036, the state water use plan shall include:

(a) All existing and future water needs of all

watershed areas in the state.

(b) A specific and detailed plan for meeting existing

and future water needs so as to prevent any water shortage

from occurring within the state.

(c) An inventory of all existing unused major sources

of water in the state and an orderly scientific plan for

development of such major sources of water consistent with

preservation of the state's environment.

(d) A recommendation for the purchase of lands

throughout the state which must be purchased or preserved in

order to safeguard the state's water supply.

(e) If necessary, an orderly and scientific plan for
the allocation of water among consumers in the state.

10

CODING: Words in *so* ae g typ oare deletions from existing law; words undrlned re additions.


C r


(16) Shall annually adopt a water resources program,

based upon the state water use plan, consisting of the

projects and facilities which the commission proposes to be

undertaken by the commission and by other authorized

governmental and private agencies, organizations, and persons

during the ensuing 6 years or such other reasonably

foreseeable period as the commission may determine. The water

resources program shall include a systematic presentation of:

(a) The quality and quantity of water resources needs

for such period;

(b) The existing and proposed projects and facilities

required to satisfy such needs, including all public and

private projects to be anticipated; and

(c) A separate statement of the projects proposed to

be undertaken by the commission during such period.

(17) Shall make recommendations to the secretary of

the department regarding approval of interlocal agreements

creating regional water supply authorities as provided in s.

373.1962(1).

Section 8. Section 373.707, Florida Statutes, is

created to read:

373.707 Obligations of indebtedness.--The commission

may issue revenue bonds in the manner prescribed by part I of

chapter 159, the Revenue Bond Act of 1953, as amended, to be

payable solely from funds derived from the projects, works or

systems of the commission. For the purpose of issuing revenue

bonds, the commission shall have all the powers, duties, and

obligations which are specified for the governing body of a

"unit" as defined in s. 159.02(2) and as that term is used in

ss. 159.01-159.15. Such bonds may be issued to finance the

cost of acquiring properties and facilities for the production
11

CODING: Words in a.& 0*uigh type ore deletions from existing law; words ound.h. re additions.


.17-104-4-3.




117-104-4-3


6


8
( I





12


13
\ 14

15

16
19




I)





20
21

22

23


15

16
27
I


19

20
21
31 3


//





* /













.1



I!


and transmission of water by the commission to any

municipality, county, regional water authority or other

governmental entity selling water to the people of this state.

The cost of acquiring real property and easements may be

included as costs in determining the amount of such bonds.

Section 9. Section 373.708, Florida Statutes, is

created to read:

373.708 County donations of rights-of-way.--The

several counties of the state through which, or adjacent to

the boundaries of which, may pass the route for any water

transmission line, canal, or aqueduct servicing a water

production system of the commission, may donate to the

commission all necessary rights-of-way, or portions thereof,

together with other lands necessary or useful in the

acquisition, construction, maintenance, and operation of the

water production system.

Section 10. Paragraph (d) is added to subsection (1)

of section 373.223, Florida Statutes, to reads

373.223 Conditions for a permit.--

(1) To obtain a permit pursuant to the provisions of

this chapter, the applicant must establish that the proposed

use of water:

(d) Is consistent with the state water use plan and

water resources program adopted by the Florida Water Resources

Commission, as revised from time to time.

Section 11. This act shall take effect July 1, 1983 or

upon becoming a law, whichever occurs later.


SENATE SUMMARY

Creates the Water Resources Commission Act and the
Florida Water Resources Commission, an agency which is to
plan and coordinate the supply and use of state water
resources.

See bill for details.
CODING: Wordi in ... d. stlog type oa, deletios from existing Iow; *we*ds j rin l re additions.


3.55


l:lus

3.66


1/r>


>'' "




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs