Title: Revised Versions of the Water Legislation of the "Water Coalition"
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 Material Information
Title: Revised Versions of the Water Legislation of the "Water Coalition"
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Revised Versions of the Water Legislation of the "Water Coalition" (JDV Box 39)
General Note: Box 29, Folder 3 ( Water Supply Funding & Development - 1997 ), Item 23
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004799
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






JAMES S. ALVES
BRIAN H. BIBEAU
KATHLEEN BLIZZARD
ELIZABETH C. BOWMAN
RICHARD S. BRIGHTMAN
PETER C. CUNNINGHAM
RALPH A. DeMEO
THOMAS M. DcROSE
WILLIAM H. GREEN
WADE L. HOPPING
FRANK E. MATTHEWS
RICHARD D. MELSON
MICHAEL P. PETROVICH
DAVID L. POWELL
WILLIAM D. PRESTON
CAROLYN S. RAEPPLE
DOUGLAS S. ROBERTS
GARY P. SAMS
ROBERT P. SMITH
CHERYL G. STUART


h..PPING GREEN SAMS & SMI IH
PROFESSIONAL ASSOCIATION
ATTORNEYS AND COUNSELORS
123 SOUTH CALHOUN STREET
POST OFFICE BOX 6526
TALLAHASSEE, FLORIDA 32314
(904) 222-7500
FAX (904) 224-8551
FAX (904) 425-3415

February 6, 1997


VIA HAND-DELIVERY


GARY K. HUNTER, JR.
JONATHAN T. JOHNSON
ROBERT A. MANNING
ANGELA R. MORRISON
GARY V. PERKO
KAREN M. PETERSON
R. SCOTT RUTH
W. STEVE SYKES
T. KENT WETHERELL, II
OF COUNSEL
W. ROBERT FOKES

RECEIVED


ifEB 10 10i

Carton Fields Tallahasee
.|-1, ). V rn


Mr. Wayne Voigt
Staff Director
Senate Natural Resources Committee
414 Senate Office Building
Tallahassee, FL 32399-1100


Ms. Joyce Pugh
Water & Resource Management
Committee
214 House Office Building
Tallahassee, FL 32399-1300


Dear Wayne & Joyce:


Enclosed please find the most recently revised versions of the water legislation which has
been the subject of significant work by a group referred to as the "Water Coalition". The Water
Coalition consists of agricultural, private and public water utilities, electric utilities, local
governments and a variety of water suppliers and consumers.


As you can see from the enclosed, I have provided legislation on 4 distinct subject
matters: Public Service Commission-related revisions, Water Management District Review
Commission recommendations, Public Water Supply Mitigation provisions and Water Resource
and Water Supply Development language. One of the enclosures that we have provided
incorporates all of these subject matters into a single piece of legislation.


I hope by providing this draft legislation at this time it will be helpful. After you've had
an opportunity to review these documents, I will be happy to discuss them with you. I'm sure
you will hear from various interested parties.


Sincerely




Frank E. Matthews


/kkm
Enclosures









Wayne Voigt
Joyce Pugh
February 6, 1997
Page 2

bc: Water Supply Coalition Members (w/o end.)













DRAFT 2/6/97

1 Section 1. Sections 373.036 and 373.039, Subsections (16) of Section 373.019,

2 (10) of Section 373.026, and (33) of Section 403.061, Florida Statutes, are repealed.

3 Section 2. Section 373.016, Florida Statutes, is amended to read:

4 373.016 Declaration of policy.--

5 (1) The waters in the state are among its basic resources. Such waters have

6 not heretofore been conserved or fully controlled so as to realize their full beneficial use.

7 (2) It is further declared to be the policy of the Legislature:

8 (a) To provide an adequate. safe. dependable and affordable supply of water

9 for all existing and projected reasonable-beneficial uses in the state:

10 (l(a) To provide for the management of water and related land resources;

4i1 (l)(b) To promote the conservation, replenishment. recapturing. enhancement.

12 development, and proper utilization of surface after and gundwater ground-water;

13 L(d(e) To develop and regulate dams, impoundments, reservoirs, and other

14 works and to provide water storage for beneficial purposes;

15 (e(d) To prevent damage from floods, soil erosion, and excessive drainage;

16 (tf(e) To minimize degradation of water resources caused by the discharge of

17 stormwater;

18 (g)(f) To preserve natural resources, fish, and wildlife;

19 M((g) To promote the public policy set forth in s. 403.021;

20 fil(h) To promote recreational development, protect public lands, and assist in

21 maintaining the navigability of rivers and harbors; and

22 j}(i) To otherwise Othewise-te promote the health, safety, and general

23 welfare of the people of this state.





1


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DRAFT 2/6/97

1 In implementing this chapter, the department and the governing board shall construe and

2 apply the policies specified in this subsection as a whole. and no specific policy is to be

3 construed or applied in isolation from the other policies in this subsection.

4 ( It is further declared to be the policy of the Legislature:

5 a Water resource development is a fundamental mission of water

6 management districts that must be implemented immediately and continually to ensure that

7 an adequate. safe. dependable and affordable supply of water is available for all existing

8 and projected reasonable-beneficial uses in the state.

9 Qb) Water supply development is primarily the responsibility of counties.

10 municipalities. public water utilities, regional water supply authorities and special taxing

11 districts. Water management districts shall provide funding and other assistance to

12 entitles involved in water supply development in accordance with the provisions of s.

13 373.1961.

14 L4(3) The Legislature recognizes that the water resource problems of the state

15 vary from region to region, both in magnitude and complexity. It is therefore the intent

16 of the Legislature to vest in the Department of Environmental Protection or its successor

17 agency the power and responsibility to accomplish the conservation, protection,

18 management, and control of the waters of the state and with sufficient flexibility and

19 discretion to accomplish these ends through delegation of appropriate powers to the

20 various water management districts. The department may exercise any power herein

21 authorized to be exercised by a water management district; however, to the greatest

22 extent practicable, such power should be delegated to the governing board of a water

23 management district.





2


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DRAFT 2/6/97

1 5)(4) It is further declared the policy of the Legislature that each water

2 management district, to the extent consistent with effective management practices, shall

3 approximate its fiscal and budget policies and procedures to those of the state.

4 Section 3. Section 373.019, Florida Statutes, is created to read:

5 373.019 Definitions.--When appearing in this chapter or in any rule,

6 regulation, or order adopted pursuant thereto, the following words shall, unless the

7 context clearly indicates otherwise, mean:

8 (19 "Water resource development" means the formulation and

9 implementation of regional water resource management strategies. including the collection

10 and evaluation of surface water and groundwater data: the development of regional water

11 resource implementation programs: and the construction. operation. and maintenance of

12 major public works facilities to provide for flood control. surface and underground water

13 storage. groundwater recharge augmentation, water transmission and the capture of water

14 otherwise released to tide.

15 (20) "Water supply development" means the design, construction, operation

16 and maintenance of public and private facilities for the production, treatment.

17 transmission or distribution of water for sale. resale or direct use.

18 (21 "Public water utility" means a governmental or private entity duly

19 authorized under state law to construct or operate public water supply systems. water

20 works systems. sewerage systems. sewage treatment works. reclaimed water systems. or

21 other public water-related facilities.

22 22) "Natural system" means an ecological system supporting aquatic and

23 wetland-dependent natural resources, including fish and aquatic and wetland-dependent

24 wildlife habitat.

25 Section 4. Section 373.038, Florida Statutes, is created to read:

3


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DRAFT 2/6/97

1 LU The water management districts shall carry out water resource

2 development as defined in s. 373.019(19). Water resource development will use aquifers

3 and watersheds as the implementation areas.

4 M21 Such water resource development shall ensure water is available to

5 sustain all existing and projected reasonable-beneficial uses of water and to maintain the

6 functions of natural systems. The water management districts shall be responsible for the

7 development, implementation and funding of water resource development programs. This

8 program shall be developed in coordination with public water utilities and other use

9 groups.

10 ( Water resource development must:

11 (a Identify safe. affordable and dependable sources of water for use by all

12 existing and projected reasonable-beneficial uses and for maintaining the functions of

13 natural systems by the creation and completion of an analysis of existing water sources

14 within the jurisdiction of each water management district. Such analyses shall be based

15 upon the best available data. identify and quantify available sources of water based upon

16 minimum flows and levels established pursuant to s. 373.042. Where the best available

17 information is insufficient to determine source availability, the water management districts

18 shall collect and evaluate additional surface or groundwater data.

19 fl Ouantify the water needs necessary to maintain the functions of natural

20 systems. recognizing meteorological events, surface alterations. and long-term and

21 seasonal fluctuations of water levels within the natural systems and proposed reservation

22 of water under s. 373.223(31.

23 (W Compile water supply needs of all existing and projected reasonable-

24 beneficial uses. based on a twenty-year planning horizon and using best available

25 information. The level of certainty associated with identifying the water supply needs of


4


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DRAFT 2/6/97

1 existing and projected reasonable-beneficial uses shall be based on the assurance that

2 water is available to meet those needs for a 1-in-10 year drought event without imposition

3 of water shortage restrictions.

4 (l Identify water resource development projects including capital

5 improvements and major public works facilities necessary to address the shortfalls.

6 Identify reliable sources of district funding to implement the regional water resource

7 implementation programs. including a defensible cash flow analysis identifying funding to

8 implement the land acquisition. construction and operation of capital facilities or

9 alternative sources if identified and funding to implement the non-capital components of

10 the initiative.

11 (W) Identify and correct existing district regulatory impediments to the

12 implementation of water resource development projects and propose corrective measures

13 for each identified impediment beyond the control of the district.

14 (41 Water resource development Drograms shall be adopted by the

15 Governing Board and shall be subject to review as an order under s. 120.59. Upon

16 adoption of the program. the water management district will initiate rulemaking pursuant

17 to ch. 120 to adopt necessary rules to implement the water resource development

18 program.

19 15~ Beginning on January 1. 1998 and each January 1 thereafter, the water

20 management districts shall report to the Governor and legislature on the progress they

21 have made in implementing the Water Resource Development program. Such report shall

22 address at a minimum, all of the elements set forth in this section.

23 ( In addition to water resource development, the districts shall. if

24 requested. provide assistance to regional water supply authorities. counties.




5


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DRAFT 2/6/97

municipalities. public water utilities. special taxing districts or other units of local

government for water suply development activities as defined in s. 373.019(20).

Section 5. Section 373.042, Florida Statutes, is amended to read:

373.042 Minimum Flows and Levels.--

(1) Within each section, or the water management district as a whole, the

department or the governing board shall establish the following:

(a) Minimum flow for all surface watercourses in the area. The minimum

flow for a given watercourse shall be the limit at which further withdrawals would be

significantly harmful to the water resources o-eeelogy of the area.

(b) Minimum water level. The minimum water level shall be the level of

groundwater in an aquifer and the level of surface water at which further withdrawals

would be significantly harmful to the water resources of the area.

Thel-minimum-flew-t-m umf-watolevel- all-be-ealeulated-byhe-epatme d

th-goveming-bea-sing-the-best-information-available.---Whe-ppr priate-minimu


The department and t e


governing board shall also consider, and at their discretion may provide for, the

protection of nonconsumptive uses in the establishment of minimum flows and levels.

(2) By July 1, 1996, the Southwest Florida Water Management District shall

amend and submit to the department for review and approval its priority list for the

establishment of minimum flows and levels and delineating the order in which the

governing board shall establish the minimum flows and levels for surface watercourses,

aquifers, and surface water in the counties of Hillsborough, Pasco, and Pinellas. The

other districts shall also develop priority lists and schedules for the establishment of

minimum flows and levels for surface watercourses, aquifers and surface waters in each

district. The priority list shall be-based-upo-the-importanee-of-the-waters-te-the-state-of


6


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elf weend-level s-


A














DRAFT 2/6/97
i --A-t*La


admimitmfYe-fermtg,-se-iente..&-er-teetniel-dat&-la-CI16oieg1Os;-ff-m-eispUKer-HaR

upe I- i ea-rn -the-gi&e n-i te -wiathinyB-60a fter-eeted-e~4he-beaues

to-independa*sietfi,-V-eve-.-Tie -atembers-of-Fh-Pe ef-viw-anI ha


"*'cDING: Deletions are stricken; additions are underlined.


In-4he-even4t-he-pmt-is-bet-selte d--within-tls-timer,- he,-ur poBn-he-ageemenat-ot-all

parties;4he-tihe-may-bO-waived;-e,--if-e-waiver-oeurs-thgoveig-beard-ay


ruirtaMaJ\~ar-Mtpntia~.-fnr-~iPnif~nr~kn


eln---uE- a-th- "---

eeeegy-of-thetate-er-regionr-and-shal include those waters which are or may

reasonably be expected to experiencing adverse impacts and those waters which are

identified pursuant to s. 373.038 as possible new water supply sources proposing-te

withdraw of 5 million gallons or more per day in the future. The development of the

priority list shall not constitute a point of entry to an administrative proceeding pursuant

to chapter 120. Except as provided in subsection (3). the development of priority lists

and the compliance with the schedule for establishment of minimum flows and levels

pursuant to this section shall satisfy the requirements of subsection (1).

(3) Minimum flows and levels for priority waters in subseetion-2) inAth

counties of Hillsborough. Pasco and Pinellas shall be established by October 1, 1997.

Where a minimum flow or level for the priority waters has not been established by the

applicable deadline, the secretary of the department shall, if requested by the governing

body of any local government within whose jurisdiction the affected waters are located,

establish the minimum flows and levels in accordance with the procedures established by

this section. The department's reasonable costs in establishing a minimum flow or level

shall, upon request of the secretary, be reimbursed by the applicable district.

(4) Prior-tehe-estabishment-ofm-fmimml -flewer-levels-fe-water

resoes-reas-idetifieA4-subseetia-(o--and-pror-to-fling-t etition-


-o--------- r------













DRAFT 2/6/97

pBeeed-toestabish-thei imum-flewe-end4evtel.---Theost-efest he-peer-review-shat-be

born-eq ually-y-the-parties-seleetingthe-poael--t4he-mtent-eeenmeally-feasible--The

paelhal-eoduet-at-least-ene-publae-eeting-ef-the-fll-panel-in--eeordanee-wth-s



fial-pot4o-the-governing-berdwithi-12t0-day-after-seletiei>-.--- -reqPest by

membe-ef-the-panel n reement-ef-epaties-t ime-fer-submittal-may-be

extende4r-up-t-3O e-ddkiinal-days.---theevent-theial-rept-is-not-ubmitted

within teh-tne-th-goveming4-oared- rooeeed-t-esablishthe-minimam41ows-and

tevels-pursua-te-thi-seetiean--Filing-ef-reqaest-shall-tel-any-ppliable-deadline-unde

ehaptef-1f;-o theelw-eistriet-fle-ti0-dys-fowinef-thial

repet--Any-isueh-eadline shll-ale-be4eoed-for-60ays-foeowing-withdwal-ee

request,-agreemet-ef-epatie-hat-peer-feview-wi-e-lengee-prsuedr,-failuf-te

meet-ay-deadine-set-fo-h-i-this--bseetion--If-theseleetion-f-t-pael-is-esu ee

thfe-equfemets-ofehapter-287--thet-the-paeshll-submt-its-fil-eotto4he

govening-beard-witi--20-days-afteethe-eempletion-of-thpreess-requied-pursuant-e

chaptef-287---Thegoveingboa-shall-ge-sigfieant-weig 4he-final-eport-f-4he

pal-i-establishing4he-tikium-flew-of4eve4,-s-appropriate.---The-fial-cepeot-may

also-be-nteed-iHtoe-eeeoed-by-any-party-to4he-pfeeeeding-ifweh-he-ninimumn-flew

o-level-is-applieable All scientific or technical data. methodologies. and models.

including all scientific and technical assumptions employed in each model. utilized to

establish a minimum flow or level shall be subject to independent scientific peer review.

Independent scientific peer review means review by a panel of independent. recognized

experts in the fields of hydrology. hydrogeology. limnology. biology and other scientific

disciplines relevant to the establishment of the minimum flow or level. The department


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DRAFT 2/6/97

1 or governing board shall give significant weight to the final report of the peer review

2 panel when establishing the minimum flow or level.

3 M Minimum levels shall not be established for isolated wetlands or surface

4 waterbodies less than 25 acres in area extent.

5 (S)(6) If a petition for administrative hearing is filed under chapter 120

6 challenging the establishment of the minimum flows or levels, the report of the

7 independent scientific peer review is admissible as evidence in the final hearing, and the

8 administrative law iudge hearing-efficer must render the final order within 120 days after

9 the filing of the petition. The time limit for rendering an the final order shall not be

10 extended except by agreement of all the parties. To the extent that the parties agree to

11 the findings of the peer review panel, they may stipulate that those findings be

12 incorporated as findings of fact in the final order.

13 Section 6. Section 373.0421, Florida Statutes, is created to read:

14 373.0421 Establishment and Implementation of Minimum Flows and Levels.

15 (1 When establishing a minimum flow or level, the department or

16 governing board shall recognize:

17 (a Existing permitted and other existing and projected legal uses:

18 (L) Existing uses of the land that cannot reasonably be altered:

19 f Hydrologic changes that have occurred as a result of alterations to

20 watersheds. surface watercourses. aquifers and surface waters. and the effects such

21 alterations have placed on the hydrology of the affected watershed. surface watercourse.

22 aquifer. or surface water.

23 Mdl Natural. seasonal and long-term fluctuations in water flows and levels:

24 W Flood protection needs: and



9


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DRAFT 2/6/97

1 If Other uses made of the surface watercourse, aquifer or surface water.

2 including recreation in and on the water. navigation and other non-permitted legal uses.

3 (21 When a flow or level is below the minimum established pursuant to this

4 section and s. 373.042. the department or the district shall take action to achieve recovery

5 of the established minimum flow or level as soon as practicable. The water management

6 districts or the department shall offset any adverse impact to the water supplv of an

7 existing permitted or other legal use caused by the adoption or implementation of a

8 minimum flow or level, or in the case of a managed surface water system by the adoption

9 or implementation of a change in source or operation, by developing and funding

10 sufficient water supply to offset any loss of consumptive use prior to the implementation

11 of the minimum flow or level or change in source or operation.

12 (3 The establishment of minimum flows and water levels shall not limit or

13 require enhancement or restoration of the natural system.

14 Section 7. Section 373.223, Florida Statutes, is amended to read:

15 (1) To obtain a permit pursuant to the provisions of this chapter, the

16 applicant must establish that the proposed use of water:

17 (a) Is a reasonable-beneficial use as defined in s. 373.019(4);

18 (b) Will not interfere with any presently existing legal use of water; and

19 (c) Is consistent with the public interest.

20 (2) The governing board or the department may authorize the holder of a

21 use permit to transport and use ground or surface water beyond overlying land, across

22 county boundaries, or outside the watershed from which it is taken if the governing board

23 or department determines that such transport and use is consistent with the public interest,

24 and no local government shall adopt or enforce any law, ordinance, rule, regulation or

25 order to the contrary.


10

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DRAFT 2/6/97

1 (3) The governing board or the department, by regulation, may reserve from

2 use by permit applicants, water in such locations an quantities, and for such seasons of

3 the year, as in its judgment may be required for the protection of fish and wildlife or the

4 public health and safety. Such reservations shall be subject to periodic review and

5 revision in light of changed conditions. However, all presently existing legal uses of

6 water shall be protected so long as such use is not contrary to the public interest. The

7 governing board or the department shall offset any adverse impact to the water supply of

8 an existing permitted or other legal use caused by a reservation by developing and

9 funding sufficient water supply to offset any loss of consumptive use prior to

10 implementation of the reservation.
































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DRAFT 1/31/97

1 Section 1. Section 367.021, Florida Statutes, is amended by adding new

2 subsection (14):

3 (14) "Environmentally required costs" means all reasonable expenses and a fair

4 return on the investments required to comply with federal, state, and local environmental

5 laws and regulations. The commission shall be bound by the determinations, permitting,

6 and enforcement decisions of the United States Environmental Protection Agency, the

7 Department of Environmental Protection or a Water Management District, or other entity

8 with jurisdiction to require compliance, as to (a) the need for, capacity of, and type of

9 facilities, including land and processes, required for compliance, and (b) the need for,

10 capacity of, and type of facilities, including land and processes, to be included as part of

11 any reuse system or project.

12 Section 2. Subsection (11) is added to section 367.022, Florida Statutes, to

13 read:

14 367.022 Exemptions.--The following are not subject to regulation by the

15 commission as a utility nor are they subject to the provisions of this chapter, except as

16 expressly provided:

17 (11) Any person providing only non-potable water for irrigation purposes in a

18 geographic area where potable water service is available from a governmental or privately

19 owned utility or private well.

20 Section 3. Section 367.081(2), Florida Statutes, is amended to read:

21 367.081 Rates; procedure for fixing and changing.-

22 (2)(a) The commission shall, either upon request or upon its own motion, fix

23 rates which are just, reasonable, compensatory, and not unfairly discriminatory. In every

24 such proceeding, the commission shall consider the value and quality of the service and

25 the cost of providing the service, which shall include, but not be limited to, debt interest;


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DRAFT 1/31/97

the requirements of the utility for working capital; maintenance, depreciation, tax, and

operating expenses incurred in the operation of all property used and useful in the public

service; and a fair return on the investment of the utility in property used and useful in

the public service. However, the commission shall not allow the inclusion of

contributions-in-aid-of-construction in the rate base of any utility during a rate

proceeding; and accumulated depreciation on such contributions-in-aid-of-construction

shall not be used to reduce the rate base, nor shall depreciation on such contributed assets

be considered a cost of providing utility service. Thoeemmission-shall-lse-eonsider-the

investmeat-ethe-uility-in-land-iequiredr-faoilities-oonsteted-or-to-be-eenstuceted-in


by-~tessle-24men~ths-fm-t~the-eundbehitore-ts-erdusdt-


rates:


L For purposes of such proceeding. to determine whether utility property

is "used and useful in the public service." the commission shall apply the following:

a All utility property needed to serve current customers shall be

considered fully used and useful in the public service.

b. All utility property needed to serve future customers no later than 5

years from the commission's final action on a rate request as provided in paragraph (6)

below shall be considered fully used and useful in the public service.

., All utility property needed to serve future customers 5 to 10 years from

the commission's final action on a rate request as provided in paragraph (6) below shall

be rebuttably presumed to be used and useful in the public service.

d. All utility property needed to serve future customers 10 to 15 years from

the commission's final action on a rate request as provided in paragraph (6) below shall

be rebuttably presumed not to be used and useful in the public service.


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L













DRAFT 1/31/97

1 e All utility property needed to serve future customers 15 or more years

2 after the commission's final action on a rate request as provided in paragraph (6) below

3 shall not be considered used and useful in the public service for purposes of such

4 proceeding.

5 2. Notwithstanding the provisions of sub-paragraph 1. above. the

6 commission shall approve rates for service that allow a utility to recover the full amount

7 of environmentally required costs from current customers.

8 (b) In establishing initial rates for a utility, the commission may project the financial

9 and operational data as set out in paragraph (a) to a point in time when the utility is

10 expected to be operating at a reasonable level of capacity.

11 Section 4. Sections 367.0817(2) and (3), Florida Statutes, are amended to

12 read:

13 (2) The commission shall review the utility's reuse project plan and shall

14 determine whether the projected costs are prudent and the proposed rates are reasonable

15 and in the public interest. The commission shall issue a proposed agency action order to

16 approve or disapprove the utility's reuse project plan. The commission shall enter its

17 vote on the proposed agency action within 5 months of the date of filing. If the

18 commission's proposed agency action is protested, the final decision shall be rendered

19 within 8 months of the date the protest is filed. Any proceeding conducted to consider

20 the utility's reuse project plan under this section shall be a limited proceeding in

21 accordance with s. 367.0822 and shall only consider matters related to the utility's

22 proposed reuse project.

23 (3) All prudent costs of a reuse project shall be recovered in rates for service

24 from current customers in this limited proceeding. The Legislature finds that reuse

25 benefits water, wastewater, and reuse customers. The commission shall allow a utility to


3


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DRAFT 1/31/97

1 recover the full costs of a reuse project from the utility's current water, wastewater, or

2 reuse customers or any combination thereof as-deeme-appepriate-by-the-eemmissiea in

3 the instant proceeding.

4 Section 5. Section 367.171(6), Florida Statutes, is amended to read:

5 (6) Any county in which utilities as herein defined were regulated by the

6 commission on or after January 1, 1980, which subsequently cease to be so regulated,

7 shall, within 90 days of the cessation of commission regulation or the effective date of

8 this act, adopt and follow as minimum standards of regulation the provisions of sections

9 367.021. section 367.081, except for paragraph (4)(a), section 367.0817. and section

10 367.082, except that the word "commission" shall be read as "the governing body of such

11 county" when the context implies or admits. The authorized rate of return shall be no

12 less than the weighted cost of the capital of the utility, including debt and equity.

13 Section 6. Section 367.171(8), Florida Statutes, is amended to read:

14 (8) Each county which is excluded from the provisions of this chapter shall

15 regulate the rates of all utilities in that county which would otherwise be subject to

16 regulation by the commission pursuant to sections 367.021 and 367.0817 and section

17 367.081(1), (2), (3), and (6). The county shall not regulate the rates or charges of any

18 system or facility which would otherwise be exempt from commission regulation pursuant

19 to section 367.022(2). For this purpose the county or its agency shall proceed as though

20 the county or agency is the commission.

21










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DRAFT 1/31/97

1 Section 1. Subsection (2) of Section 373.139, Florida Statutes, is amended to

2 read:

3 (2) Real property owned or controlled by a water management district may

4 be used for permittable water resource development and water supply development

5 purooses.

6 Section 2. Section 373.073, Florida Statutes is amended to read:

7 373.073 Governing Board.--

8 (1)(a) The governing board of each water management district shall be

9 composed of 9 members who shall reside within the district, except that the Southwest

10 Florida Water Management District shall be composed of 11 members who shall reside

11 within the district. Members of the governing boards shall be appointed by the

12 Governor, subject to confirmation by the Senate at the next regular session of the

13 Legislature. and the refusal or failure of the Senate to confirm an appointment creates a

14 vacancy in the office to which the appointment was made. The term of office for a

15 governing board member is 4 years and commences on March 2 of the year in which the

16 appointment is made and terminates on March 1 of the 4th calendar year of the term.

17 Terms of office of governing board members shall be staggered to help maintain

18 consistency and continuity in the exercise of governing board duties and to minimize

19 disruption in district operations.

20 b) Commencing January 1. 1998. the Governor shall appoint the following

21 number of governing board members in each year of the Governor's 4-year term of

22 office:

23 L. In the first year of the Governor's term of office. the Governor shall

24 appoint 3 members to the governing board of each district.



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DRAFT 1/31/97

2 In the second year of the Governor's term of office, the Governor shall

appoint 3 members of the governing board to the Southwest Florida Water Management

District and 2 members to the governing board of each other district.

1. In the third year of the Governor's term of office, the Governor shall

appoint 3 members to the governing board of the Southwest Florida Water Manaement


District and 2 members to the governing board of each other district.

4. In the fourth year of the Governor's term of office. the Governor shall

appoint 2 members to the governing board of each district.

For any governing board vacancy that occurs before the date scheduled for the office to

be filled under this paragraph, the Governor shall appoint a person meeting residency

requirements of subsection (2) for a term that will expire on the date scheduled for the

term of that office to terminate under this paragraph. In addition to the residency

requirements for the governing boards as provided of subsection (2), the Governor shall

consider appointing governing board members to represent an equitable cross-section of

regional interests and technical expertise. Th~em-t -of-effiteeof-membe&-ef-the-board

sha-be-4-years-and-shall-beeonsthred-te-eemmenoe-e-Mareh-2-peeedin-the-ate-to


appointmenand-te-temiate-Mareh-l--the-year-of-the-end-of-a-tenn.--Membef-th

govering-beads-eoatiuerender-thisehapter-shallbappoeited-fromh tet-


as--vaeanees-eoetr-on-uie


-go'


!efmin-g-oafds..-S4Jelsvacisies-sl11b4fl


oeeorming-te


the-sideaey-requirementfrof-pagrafph-(b

(2(b) Notwithstanding the provisions of any other general or special law to the

contrary, vacancies in the governing boards of the water management districts shall be

filled according to the following residency requirements, representing areas designated by

the United States Water Resources Council in United States Geological Survey, River

Basin and Hydrological Unit Map of Florida -- 1975, Map Series No. 72:


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DRAFT 1/31/97

1 (aW- One member shall reside in the area generally designated as the

2 "Perdido River Basin-Perdido Bay Coastal Area-Lower Conecuh River-Escambia River

3 Basin" hydrologic units and that portion of the "Escambia Bay Coastal Area" hydrologic

4 unit which lies west of Pensacola Bay and Escambia Bay.

5 Lb- One member shall reside in the area generally designated as the

6 "Blackwater River Basin-Yellow River Basin-Choctawhatchee Bay Coastal Area"

7 hydrologic units and that portion of the "Escambia Bay Coastal Area" hydrologic unit

8 which lies east of Pensacola Bay and Escambia Bay.

9 2.e- One member shall reside in the area generally designated as the

10 "Choctawhatchee River Basin-St. Andrews Bay Coastal Area" hydrologic units.

11 3d One member shall reside in the area generally designated as the "Lower

12 Chattahoochee-Apalachicola River-Chipola River Basin-Coastal Area between

13 Ochlockonee River Apalachicola Rivers-Apalachicola Bay coastal area and offshore

14 islands" hydrologic units.

15 4.e One member shall reside in the area generally designated as the

16 "Ochlockonee River Basin-St. Marks and Wakulla Rivers and coastal area between

17 Aucilla and Ochlockonee River Basin" hydrologic units.

18 5jf Four members shall be appointed at large, except that no county shall

19 have more than two members on the governing board.

20 (b12- Suwannee River Water Management District:

21 L.a- One member shall reside in the area generally designated as the "Aucilla

22 River Basin" hydrologic unit.

23 2.b- One member shall reside in the area generally designated as the "Coastal

24 Area between Suwannee and Aucilla Rivers" hydrologic unit.




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DRAFT 1/31/97

1 3e- One member shall reside in the area generally designated as the

2 "Withlacoochee River Basin-Alapaha River Basin-Suwannee River Basin above the

3 Withlacoochee River" hydrologic units.

4 Ad- One member shall reside in the area generally designated as the

5 "Suwannee River Basin below the Withlacoochee River excluding the Santa Fe River

6 Basin" hydrologic unit.

7 L.e One member shall reside in the area generally designated as the "Santa

8 Fe Basin-Waccasassa River and coastal area between Withlacoochee and Suwannee River"

9 hydrologic units.

10 6.f Four members shall be appointed at large, except that no county shall

k have more than two members on the governing board.

12 (d4- South Florida Water Management District:

13 La-. Two members shall reside in Dade County.

14 2Lb: One member shall reside in Broward County.

15 3.e- One member shall reside in Palm Beach County.

16 4d One member shall reside in Collier County, Lee County, Hendry

17 County, or Charlotte County.

18 5e. One member shall reside in Glades County, Okeechobee County,

19 Highlands County, Polk County, Orange County, or Osceola County.

20 6f: Two members, appointed at large, shall reside in an area consisting of

21 St. Lucie, Martin, Palm Beach, Broward, Dade, and Monroe Counties.

22 2g, One member, appointed at large, shall reside in an area consisting of

23 Collier, Lee, Charlotte, Hendry, Glades, Osceola, Okeechobee, Polk, Highlands, and

24 Orange Counties.

25 8h. No county shall have more than three members on the governing board.


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DRAFT 1/31/97

(e)5- Southwest Florida Water Management District:

La- Two members shall reside in Hillsborough County.

2.b. One member shall reside in the area consisting of Hillsborough and

Pinellas Counties.

3e- Two members shall reside in Pinellas County.

4d. One member shall reside in Manatee County.

5.er One member shall reside in Polk County.

6f:- One member shall reside in Pasco County.

Zg One member shall be appointed at large from Levy, Marion, Citrus,

Sumpter, Hernando, and Lake Counties.

8t- One member shall be appointed at large from Sarasota, Hardee, DeSoto,

Charlotte, and Highlands Counties.

9Li One member shall be appointed at large from Levy, Marion, Citrus,

Sumter, Hernando, Lake, Sarasota, Hardee, DeSoto, Charlotte and Highlands Counties.

No county described in subparagraph 7. subaragraph 8. or subpararaph 9. sub

subparagaphs-g.-,;-h4-ef4-i shall have more than one member on the governing board.

(24---Members-ehe-govemning-board-shab-be-appointeb -y-the-GoveRie

subjeet-t(eenfirmatie-by-the-Senate-at-the-next-regula-sessio-ef-the-LegislatuFe,-and

th-refusl-er-faltue-oete-Senate-te-eonfirm--ippo*t-smhalo-eate-a-veaney-i

the effiteo-whieh-the-ppeintment-was-made-

Section 3. Section 373.236, Florida Statutes, is amended to read:

373.236 Duration of permits.-

(1) Permits which do not cause harm to the water resource shall may be granted

for a any period of time-net-exeeeding 20 years providing sufficient data is available to




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DRAFT 1/31/97

1 provide reasonable assurance that the amount of water requested will be available and the

2 proposed use of water

3 a) Is a reasonable-beneficial use:

4 (b Will not interfere with any presently existing legal use of water. and

5 ( Is consistent with the public interest.

6 Permits may be issued for shorter duration. or during the term of the permit may be

7 reviewed and modified. where required by circumstances specific to the permit. The

8 governing board or the department may base duration of permits on a reasonable system

9 of classification according to source of supply or type of use, or both.

10 (2) The governing board or the department may authorize a permit of duration

11 of up to 50 years in the case of a public water utility, municipality or other governmental

12 body or of a public works or public service corporation when that where-sueh-a period is

13 required to provide for the retirement of bonds for the construction of waterworks and

14 waste disposal facilities.

15 Section 4. Section 373.507, Florida Statutes, is amended to read:

16 373.507 Districts, basins; postaudits. budgets and-taingjautheritiest-budget

17 and expense reports,-audits.-

18 (U Each district and basin referred to in this chapter must shall furnish a

19 detailed copy of its budget and past year's expenditures to the Governor, the Legislature,

20 and the governing body of each county in which the distriet-or basin has jurisdiction or

21 derives any funds for the operations of the district or basin.

22 21 Each district5 and basin;-and-taming-atherity-shaRl referred to in this

23 chapter must make provisions for an annual postaudit of its financial accounts. These

24 postaudits must shall be made in accordance with the rules of the Auditor General

25 adopted under prmulgated-pursuant-te ss. 166.241 and 11.47.


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DRAFT 1/31/97

1 (l Each district referred to in this chapter must furnish copies of the

2 following documents to the Governor. the President of the Senate. the Speaker of the

3 House of Representatives. the chairs of all legislative committees and subcommittees with

4 substantive or appropriation jurisdiction over districts, the secretary of the department.

5 and the governing body of each county in which the district has jurisdiction or derives

6 any funds for the operations of the district:

7 a) The tentative budget:

8 ( The adopted budget:

9 (e) The past year's expenditures: and

10 (d) The postaudit described in subsection (2).

11 The documents must be furnished to the entities named in this subsection by the earlier of

12 10 days following completion of each document or as otherwise provided by law.

13 (4) If any entity named in subsection (3) provides written comments to the

14 district regarding any document furnished. the district must respond to the comments in

15 writing and furnish copies of the comments and written responses to the other entities

16 named in subsection (3).

17 Section 5. Subsections (1), (3), and (5) of Section 373.536, Florida Statutes,

18 are amended to read:

19 373.536 District Budget and Hearing Thereon.--

20 (1) The fiscal year of districts created under the provisions of this chapter

21 shall extend from October 1 of one year through September 30 of the following year.

22 The budget officer of the district shall, on or before July 15 of each year, submit for

23 consideration by the governing board of the district a tentative budget for the district

24 covering its proposed operation and requirements for the ensuing fiscal year. Unless

25 alternative notice requirements are otherwise provided by law. notice of all budget


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DRAF 1/31/97

1 hearings conducted by the governing board or district staff must be published in a

2 newspaper of general circulation in each county in which the district lies no less than 5

3 days nor more than 15 days before the hearing. Budget workshops conducted for the

4 public and not governing by s. 200.065 must be advertised in a newspaper of general

5 circulation in the community or area wherein the workshop will occur not less than 5

6 days nor more than 15 days before the workshop. The tentative budget shall be adopted

7 in accordance with the provisions of s. 200.065; however, if the mailing of the notice of

8 proposed property taxes is delayed beyond September 3 in any county in which the

9 district lies, the district shall advertise its intention to adopt a tentative budget and millage

10 rate, pursuant to s. 200.065(3)(g), in a newspaper of general paid circulation in that

11 county. The budget shall set forth, classified by object and purpose, and by fund if so

12 designated, the proposed expenditures of the district for bonds or other debt, for

13 construction, for acquisition of land, for operation and maintenance of the district works,

14 for the conduct of the affairs of the district generally, and for other purposes, to which

15 may be added an amount to be held as a reserve. District administrative and operating

16 expenses must be identified in the budget and allocated among district activities and

17 programs in proportion to the time. personnel. and resources devoted to the specific

18 activity or program.

19 (3) As provided in s. 200.065(2)(d), the boards hall publish one or more

20 notices of its intention to finally adopt a budget for the district for the ensuing fiscal year.

21 The notice shall appear adjacent to an advertisement which shall set forth the tentative

22 budget in full. The notice and advertisement shall be published in one or more

23 newspapers having a combined general circulation in the counties having land in the

24 district. Districts may include explanatory phrases and examples in budget




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DRAFT 1/31/97

1 advertisements published under s. 200.065 to clarify or illustrate the effect that the

2 district budget may have on ad valorem taxes.

3 (5)(a) Each water management district shall, by August 1 5 of each year,

4 submit for review a tentative budget to the Governor, the President of the Senate. the

5 Speaker of the House of Representatives. the chairs of all legislative committees and

6 subcommittees with substantive or appropriation jurisdiction over water management

7 districts, the secretary of the department, and the governing body of each county in which

8 the district has jurisdiction or derives any funds for the operations of the district. The to

9 thel epartment-f-Evikonmene4ta4erotetion-the-feetive-offioff4he-Govemor;-ad

10 the.ehai-of-the-appropriations-eommittees-of-t4hegistaturefer-frview- tentative

11 budget must include thatineludes, but is not limited to, the following information for the

12 preceding fiscal year and the current fiscal year, and the proposed amounts for the

13 upcoming fiscal year, in a standard format prescribed by the Executive Office of the

14 Governor department which is generally consistent with the format prescribed by

15 legislative budget instructions for state agencies and the format requirements of s.

16 216.031:

17 1. The millage rates and the percentage increase above the rolled-back rate,

18 together with a summary of the reasons the increase is required, and the percentage

19 increase in taxable value resulting from new construction;

20 2. For each program area, the salary and benefits, expenses, operation

21 capital outlay, number of authorized positions, and other personal services;

22 3. A description of each new, expanded, reduced, or eliminated program;

23 4. A 5-year capital improvement plan; and






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DRAFT 1/31/97

1 5. The funding sources, including, but not limited to, ad valorem taxes,

2 Surface Water Improvement and Management Program funds, other state funds, federal

3 funds, and user fees and permit fees for each program area.

4 Section 6. Subsection (1) and paragraph (a) of subsection (3) of section

5 373.59, Florida Statutes, are amended to read:

6 373.59 Water Management Lands Trust Fund.-

7 (1) There is established within the Department of Environmental Protection the Water

8 Management Lands Trust Fund to be used as a nonlapsing fund for the purposes of this

9 section. The moneys in this fund are hereby continually appropriated for the purposes of

10 land acquisition, management, maintenance, capital improvements, payments in lieu of

1f taxes, and administration of the fund in accordance with the provisions of this section. In

12 addition, fef4iseal-year-199-5-1996 moneys in the fund that are not revenues from the

13 sale of any bonds and that are not required for debt service for any bond issue may be

14 used to fund activities authorized under the Surface Water Improvement and Management

15 Act, pursuant to ss. 373.451-373.4595, and for the control of aquatic weeds pursuant to

16 part II of chapter 369. Up to 25 percent of the moneys in the fund may be allocated

17 annually to the districts for management, maintenance, and capital improvements pursuant

18 to subsection (7).

19 (3)(a) Moneys from the Water Management Lands Trust Fund shall be used for

20 acquiring the fee or other interest in lands necessary for water management, water

21 supply, and the conservation and protection of water resources;-eeepH4hat-sueh-meneys

22 shall-not-be-used-orf-the-aeqisitio-eof-rights-e-way-fore-analsr-penes. Such

23 moneys shall also be used for management, maintenance, and capital improvements.

24 Interests in real property acquired by the districts under this section may be used for

25 permittable water resource development and water supply development purposes. Lands


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DRAFT 1/31/97

1 acquired with moneys from the fund shall be managed and maintained in an

2 environmentally acceptable manner and, to the extent practicable, in such a way as to

3 restore and protect their natural state and condition.

4 Section 7. Subsection (4), paragraph (a) of subsection (9), and paragraph (d) of

5 subsection (11) of section 259.032, Florida Statutes, are amended to read:

6 259.032 Conservation and Recreation Lands Trust Fund; purpose.--

7 (4) Lands acquired under this section shall be for use as state-designated

8 parks, recreation areas, preserves, reserves, historic or archaeological sites, geologic or

9 botanical sites, recreational trails, forests, wilderness areas, wildlife management areas,

10 or other state-designated recreation or conservation lands; or they shall qualify for such

11 state designation and use if they are to be managed by other governmental agencies or

12 nonstate entities as provided for in this section. Lands acquired under this section may be

13 used for permittable water resource development and water supply development purposes.

14 (9)(a) All lands managed under this section shall be:

15 1. Managed in a manner that will provide the greatest combination of

16 benefits to the public and to the resources.

17 2. Managed for public outdoor recreation which is compatible with the

18 conservation and protection of public lands.

19 3. Managed for the purposes for which the lands were acquired, consistent

20 with paragraph (11)(a).

21 These lands may also be managed for permittable water resource development and water

22 supply development purposes. Management may include the following public uses:

23 fishing, hunting, camping, bicycling, hiking, nature study, swimming, boating, canoeing,

24 horseback riding, diving, birding, sailing, jogging, and other related outdoor activities.




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DRAFT 1/31/97

Section 8. Subsection (a) of Section 259.101, Florida Statutes, is created to


read:

(al Real property owned or controlled by the state or a water management

district may be used for permittable water resource development and water supply

development purposes.

Section 9. This act shall take effect July 1, 1997.


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1


2

3

4

5

6













DRAFT 1/31/97

1 Section 1. Section 373.2231, Florida Statutes, is created to read:

2 373.2231 Mitigation.--

3 (1) If a public water supply applicant for a consumptive use permit.

4 consumptive use permit renewal or consumptive use permit modification. in excess of 10

5 mgd cannot provide reasonable assurance that the proposed use will meet the criteria for

6 the issuance of permits under s. 373.223. the water management district shall consider.

7 and may issue the permit, renewal or modification, based upon measures proposed by or

8 acceptable to the applicant to mitigate the impacts which cause the proposed use not to

9 meet the permitting criteria. Mitigation measures to be considered shall include, but are

10 not limited to. wetland creation, restoration, enhancement and preservation: aquifer

ti recharge with water of acceptable quality: augmentation of surface waters or wetlands and

12 improvement to withdrawal systems associated with existing uses. If the owner of the

13 site expected to be impacted agrees, such mitigation shall take place upon such impacted

14 site. If the owner of the site expected to be impacted does not agree to allow mitigation

15 upon the site. the water management district shall propose mitigation or consider

16 mitigation proposed by the applicant on other property to offset the expected impacts.

17


















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