Florida Senate - 2009 CS for SB 1898
By the Committees on Environmental Preservation and
Conservation; and Environmental Preservation and Conservation
592-03881-09 20091898c1
1 A bill to be entitled
2 An act relating to the water management districts;
3 reenacting ss. 373.069, 373.0693, 373.0695, 373.073,
4 and 373.083, F.S., relating to the creation of the
5 water management districts, pursuant to the provisions
6 of the Florida Government Accountability Act; amending
7 s. 373.0693, F.S.; providing conditions for serving on
8 a basin board after a term expires; removing ex
9 officio designation for board members serving on basin
10 boards; revising the membership of certain basin
11 boards; eliminating the Oklawaha River Basin Advisory
12 Council; amending s. 373.323, F.S.; providing for an
13 applicant who meets certain conditions to be certified
14 as a licensed water well contractor; amending s.
15 373.536, F.S.; authorizing certain chairs of
16 committees of the Senate and the House of
17 Representatives to submit comments and objections to
18 proposed district budgets; amending s. 373.079, F.S.;
19 revising meeting requirements for members of the
20 governing boards, committees, and advisory boards of
21 the water management districts, as provided in s.
22 120.54, F.S.; creating the Reclaimed Water
23 Coordination Task Force; providing legislative
24 findings; providing purposes; requiring that the task
25 force review certain rules, programs, and policies
26 when preparing its recommendations; providing for
27 membership of the task force; requiring that members
28 be appointed on or before a specified date; providing
29 for administrative support for the task force;
30 providing duties of the task force; requiring that the
31 Department of Environmental Protection and each water
32 management district encourage the use of pilot
33 projects for certain purposes; requiring that the task
34 force submit a report to the Governor, the President
35 of the Senate, and the Speaker of the House of
36 Representatives on or before a specified date;
37 requiring that the report contain certain information;
38 requiring that the department and each water
39 management district cooperate with the task force;
40 requesting that all other agencies cooperate with the
41 task force; providing for dissolution of the task
42 force; creating s. 373.0725, F.S.; providing for the
43 Florida Public Service Commission Nominating Council
44 to nominate candidates for appointment to the water
45 management boards; providing requirements; amending s.
46 373.073, F.S.; providing conforming changes; amending
47 s. 373.079, F.S.; providing for the delegation of
48 environmental resource permit issuance to the
49 executive directors; amending s. 373.083, F.S.;
50 providing conforming changes; amending s. 373.118,
51 F.S.; providing conforming changes; amending s.
52 373.584, F.S.; providing for a cap on revenues pledged
53 for debt service; providing for legislative approval
54 to exceed the cap; amending s. 373.59, F.S.; allowing
55 for the use of funds to pay for nominating council
56 activities; clarifying conditions under which payment
57 in lieu of taxes shall be paid; repealing ss. 373.465,
58 and 373.466, F.S., relating to the Lake Panasoffkee
59 Restoration Council and the restoration program;
60 providing an effective date.
61
62 Be It Enacted by the Legislature of the State of Florida:
63
64 Section 1. Sections 373.069, 373.0693, 373.0695, 373.073,
65 and 373.083, Florida Statutes, are reenacted.
66 Section 2. Subsections (3), (6), and (7) and paragraph (a)
67 of subsection (8) of section 373.0693, Florida Statutes, are
68 amended to read:
69 373.0693 Basins; basin boards.—
70 (3) Each member of the various basin boards shall serve for
71 a period of 3 years or until a successor is appointed, but not
72 more than 180 days beyond the end of the expired term, except
73 that the board membership of each new basin shall be divided
74 into three groups as equally as possible, with members in such
75 groups to be appointed for 1, 2, and 3 years, respectively. Each
76 basin board shall choose a vice chair and a secretary to serve
77 for a period of 1 year. The term of office of a basin board
78 member shall be construed to commence on March 2 preceding the
79 date of appointment and to terminate March 1 of the year of the
80 end of a term or may continue until a successor is appointed,
81 but not more than 180 days beyond the end of the expired term.
82 (6)(a) Notwithstanding the provisions of any other general
83 or special law to the contrary, a member of the governing board
84 of the district residing in the basin or, if no member resides
85 in the basin, a member of the governing board designated by the
86 chair of the governing board shall be the ex officio chair of
87 the basin board. The ex officio chair shall preside at all
88 meetings of the basin board, except that the vice chair may
89 preside in his or her absence. The ex officio chair shall have
90 no official vote, except in case of a tie vote being cast by the
91 members, but shall be the liaison officer of the district in all
92 affairs in the basin and shall be kept informed of all such
93 affairs.
94 (b) Basin boards within the Southwest Florida Water
95 Management District shall meet regularly as determined by a
96 majority vote of the basin board members. Subject to notice
97 requirements of chapter 120, special meetings, both emergency
98 and nonemergency, may be called either by the ex officio chair
99 or the elected vice chair of the basin board or upon request of
100 two basin board members. The district staff shall include on the
101 agenda of any basin board meeting any item for discussion or
102 action requested by a member of that basin board. The district
103 staff shall notify any basin board, as well as their respective
104 counties, of any vacancies occurring in the district governing
105 board or their respective basin boards.
106 (7) At 11:59 p.m. on December 31, 1976, the Manasota
107 Watershed Basin of the Ridge and Lower Gulf Coast Water
108 Management District, which is annexed to the Southwest Florida
109 Water Management District by change of its boundaries pursuant
110 to chapter 76-243, Laws of Florida, shall be formed into a
111 subdistrict or basin of the Southwest Florida Water Management
112 District, subject to the same provisions as the other basins in
113 such district. Such subdistrict shall be designated initially as
114 the Manasota Basin. The members of the governing board of the
115 Manasota Watershed Basin of the Ridge and Lower Gulf Coast Water
116 Management District shall become members of the governing board
117 of the Manasota Basin of the Southwest Florida Water Management
118 District. Notwithstanding other provisions in this section,
119 beginning on July 1, 2001, the membership of the Manasota Basin
120 Board shall be comprised of two three members from Manatee
121 County and two three members from Sarasota County. Matters
122 relating to tie votes shall be resolved pursuant to subsection
123 (6) by the ex officio chair designated by the governing board to
124 vote in case of a tie vote.
125 (8)(a) At 11:59 p.m. on June 30, 1988, the area transferred
126 from the Southwest Florida Water Management District to the St.
127 Johns River Water Management District by change of boundaries
128 pursuant to chapter 76-243, Laws of Florida, shall cease to be a
129 subdistrict or basin of the St. Johns River Water Management
130 District known as the Oklawaha River Basin and said Oklawaha
131 River Basin shall cease to exist. However, any recognition of an
132 Oklawaha River Basin or an Oklawaha River Hydrologic Basin for
133 regulatory purposes shall be unaffected. The area formerly known
134 as the Oklawaha River Basin shall continue to be part of the St.
135 Johns River Water Management District. There shall be
136 established by the governing board of the St. Johns River Water
137 Management District the Oklawaha River Basin Advisory Council to
138 receive public input and advise the St. Johns River Water
139 Management District’s governing board on water management issues
140 affecting the Oklawaha River Basin. The Oklawaha River Basin
141 Advisory Council shall be appointed by action of the St. Johns
142 River Water Management District’s governing board and shall
143 include one representative from each county which is wholly or
144 partly included in the Oklawaha River Basin. The St. Johns River
145 Water Management District’s governing board member currently
146 serving pursuant to s. 373.073(2)(c)3. shall serve as chair of
147 the Oklawaha River Basin Advisory Council. Members of the
148 Oklawaha River Basin Advisory Council shall receive no
149 compensation for their services but are entitled to be
150 reimbursed for per diem and travel expenses as provided in s.
151 112.061.
152 Section 3. Subsection (3) of section 373.323, Florida
153 Statutes, is amended to read:
154 373.323 Licensure of water well contractors; application,
155 qualifications, and examinations; equipment identification.—
156 (3) An applicant who meets the following requirements shall
157 be entitled to take the water well contractor licensure
158 examination to practice water well contracting:
159 (a) Is at least 18 years of age.
160 (b) Has at least 2 years of experience in constructing,
161 repairing, or abandoning water wells. Satisfactory proof of such
162 experience shall be demonstrated by providing:
163 1. Evidence of the length of time the applicant has been
164 engaged in the business of the construction, abandonment, and
165 repair of water wells as a major activity, as attested to by
166 three letters from any of the following persons:
167 a. Water well contractors.
168 b. Water well drillers.
169 c. Water well parts and equipment vendors.
170 d. Water well inspectors employed by a governmental agency.
171 2. A list of at least 10 water wells that the applicant has
172 constructed, repaired, or abandoned, which includes the
173 following information:
174 a. The name and address of the owner or owners of each
175 well.
176 b. The location, primary use, and approximate depth and
177 diameter of each well that the applicant has constructed,
178 repaired, or abandoned.
179 c. The approximate date the construction, repair, or
180 abandonment of each well was completed.
181
182 All listed wells must have been constructed, repaired, or
183 abandoned within 5 years immediately preceding the filing of the
184 license application. At least seven of the 10 water wells must
185 have been constructed by the applicant as defined in s.
186 373.303(2).
187 (c) Has completed the application form and remitted a
188 nonrefundable application fee.
189 Section 4. Paragraph (e) of subsection (5) of section
190 373.536, Florida Statutes, is amended to read:
191 373.536 District budget and hearing thereon.—
192 (5) TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND
193 APPROVAL.—
194 (e) By September 5 of the year in which the budget is
195 submitted, the House and Senate appropriations and appropriate
196 substantive committee chairs may transmit to each district
197 comments and objections to the proposed budgets. Each district
198 governing board shall include a response to such comments and
199 objections in the record of the governing board meeting where
200 final adoption of the budget takes place, and the record of this
201 meeting shall be transmitted to the Executive Office of the
202 Governor, the department, and the chairs of the House and Senate
203 appropriations committees.
204 Section 5. Subsection (7) of section 373.079, Florida
205 Statutes, is amended to read:
206 373.079 Members of governing board; oath of office; staff.—
207 (7) The governing board shall meet at least once a month
208 and upon call of the chair. The governing board, a basin board,
209 a committee, or an advisory board may conduct meetings by means
210 of communications media technology as provided in the uniform
211 rules of procedure adopted pursuant to s. 120.54.
212 Section 6. The Legislature finds that encouragement and
213 promotion of reuse of reclaimed water, as defined by the
214 Department of Environmental Protection, are state objectives and
215 serve the public interest. The Legislature finds that the
216 implementation of this policy has been hampered by a lack of
217 clear understanding as to the role of local governments
218 producing and distributing reclaimed water and water management
219 districts as to the regulation of the use of reclaimed water.
220 The Legislature further finds that the Department of
221 Environmental Protection and water management districts do not
222 have a common policy regarding reclaimed water as applied to
223 processes related to water-use permitting and water shortage.
224 The Legislature also finds that a clear and consistent policy
225 regarding the use of reclaimed water is required to achieve the
226 most efficient and beneficial use of this resource.
227 (1) The Reclaimed Water Coordination Task Force is created
228 for the purposes of recommending clear direction as to the
229 relative roles of local governments and water management
230 districts with regard to the regulation of the use of reclaimed
231 water and proposing a statewide uniform approach to
232 consideration of use of reclaimed water as applied to processes
233 related to water-use permitting and water shortages. When
234 preparing its recommendations, the task force shall review the
235 rules, programs, and policies of the five water management
236 districts in this state as such rules, programs, and policies
237 relate to considerations involving the use of reclaimed water
238 with respect to water-use permitting, water shortages, and
239 related actions, activities, or programs.
240 (2) The task force shall consist of the following members:
241 (a) The President of the Senate and the Speaker of the
242 House of Representatives shall each appoint one member from
243 their respective chambers, who shall co-chair the task force.
244 (b) The Secretary of Environmental Protection or designee.
245 (c) The Commissioner of Agriculture, or his or her
246 designee.
247 (d) The executive director of the South Florida Water
248 Management District, or his or her designee.
249 (e) The executive director of the Southwest Florida Water
250 Management District, or his or her designee.
251 (f) The executive director of the St. Johns River Water
252 Management District, or his or her designee.
253 (g) The executive director of the Suwannee River Water
254 Management District, or his or her designee.
255 (h) The executive director of the Northwest Florida Water
256 Management District, or his or her designee.
257 (i) The executive director of the Florida Nursery Growers
258 and Landscape Association, or his or her designee.
259 (j) The executive director of the Florida Sugar Cane
260 League, or his or her designee.
261 (k) In addition to the appointments in paragraph (a), the
262 President of the Senate and the Speaker of the House of
263 Representatives shall each appoint:
264 1. Three members who are employees of a local government
265 producing reclaimed water for reuse by the public.
266 2. A representative of a not-for-profit environmental
267 advocacy organization.
268 3. A representative from a company that is a self-supplier
269 of water.
270 (3) Members of the task force shall be appointed on or
271 before August 1, 2009.
272 (4) The clerical and professional staff of the Department
273 of Environmental Protection shall provide administrative support
274 to the task force. The task force may request support from the
275 clerical and professional staff of the standing committees of
276 the Senate and the House of Representatives.
277 (5) The task force shall:
278 (a) Determine the role of the use of reclaimed water as
279 applied to processes related to water-use permitting and water
280 shortage.
281 (b) Assess the appropriate roles of local governments and
282 water management districts in regulating the use of reclaimed
283 water.
284 (c) Consider how the use of reclaimed water could be
285 promoted in areas in which new or increased water withdrawals
286 have been limited by law through the use of offsets or other
287 similar incentives.
288 (d) Evaluate the most effective means of supplementing
289 reclaimed water supplies during peak demands in order to improve
290 reliability and promote widespread adoption of reclaimed water.
291 (e) Consider the most effective means of incorporating any
292 recommended statewide policy changes.
293 (6) The Department of Environmental Protection and each
294 water management district shall encourage the use of pilot
295 projects for the purpose of obtaining data and operating
296 experience regarding various types of reuse and irrigation
297 systems.
298 (7) The task force shall submit a report to the Governor,
299 the President of the Senate, and the Speaker of the House of
300 Representatives summarizing its findings and recommendations on
301 or before January 31, 2010.
302 (8) The Department of Environmental Protection and the
303 water management districts are directed, and all other agencies
304 and local governments are requested, to render assistance to and
305 cooperate with the task force.
306 (9) The task force shall dissolve on January 31, 2010.
307 Section 7. Section 373.0725, Florida Statutes, is created
308 to read:
309 373.0725 Appointment of governing board members.—
310 (1) It is the intent of the Legislature to ensure the
311 public trust and resources are appropriately protected by
312 seeking qualified candidates for gubernatorial appointment as
313 water management district governing board members.
314 (2) The Governor shall appoint members from those nominated
315 by the Florida Public Service Commission Nominating Council
316 created in s. 350.031.
317 (3) The council shall submit recommendations to the
318 Governor 60 days prior to the date in which a term is to begin
319 and within 60 days after a vacancy occurs for any reason other
320 than the expiration of the term.
321 (4) The council shall nominate three persons per vacancy.
322 (5) In order to nominate a candidate, the council shall
323 determine that:
324 (a) The candidate is competent, knowledgeable, and
325 possesses substantial technical expertise in a field related to
326 the duties and functions of the water management districts.
327 These fields shall include, but are not limited to, agriculture,
328 the development industry, local government, government-owned or
329 privately owned water utilities, law, civil engineering,
330 environmental science, hydrology, accounting, financial
331 businesses, or another field substantially related to the duties
332 and functions of the water management district, or the candidate
333 may be a member of the business community within the water
334 management district’s boundaries.
335 (b) The candidate is a homesteaded resident within the
336 district he or she is nominated to represent and the candidate
337 meets the residency requirements of s. 373.072(2) for the
338 vacancy being filled.
339 (c) The candidate has a background investigation conducted
340 by the Department of Law Enforcement and has been determined to
341 be of good moral standards.
342 (6) In developing a list of nominees, the council shall
343 ensure that no more than two governing board members on each
344 water management district governing board are residents of the
345 same county, and a person may not represent more than one water
346 management district governing board. The council shall consider
347 nominating candidates that represent an equitable cross-section
348 of regional interests and technical expertise. Recommendations
349 of the council must be nonpartisan.
350 (7) Each water management district may advertise each
351 vacancy on its water management district governing board or post
352 the vacancy on the water management district’s home web page.
353 (8) The council expenses must be proportionately shared by
354 the respective water management district whose governing board
355 vacancy is being filled. The Department of Environmental
356 Protection is authorized to execute a memorandum of
357 understanding between the state’s water management districts and
358 the department in order to fund the expenses of the council.
359 (9) The water management districts shall assist the council
360 by providing staff, counsel, and technical assistance necessary
361 to carry out the responsibilities of the council.
362 Section 8. Section 373.073, Florida Statutes, is amended to
363 read:
364 373.073 Governing board.—
365 (1)(a) The governing board of each water management
366 district shall be composed of 9 members who shall reside within
367 the district, except that the Southwest Florida Water Management
368 District shall be composed of 13 members who shall reside within
369 the district. Members of the governing boards shall be appointed
370 by the Governor from a list of candidates nominated by the
371 Florida Public Service Commission Nominating Council, subject to
372 confirmation by the Senate at the next regular session of the
373 Legislature, and the refusal or failure of the Senate to confirm
374 an appointment creates a vacancy in the office to which the
375 appointment was made. The term of office for a governing board
376 member is 4 years and commences on March 2 of the year in which
377 the appointment is made and terminates on March 1 of the fourth
378 calendar year of the term or may continue until a successor is
379 appointed, but not more than 180 days. Terms of office of
380 governing board members shall be staggered to help maintain
381 consistency and continuity in the exercise of governing board
382 duties and to minimize disruption in district operations.
383 (b) Commencing January 1, 2011 1999, the Governor shall
384 appoint the following number of governing board members in each
385 year of the Governor’s 4-year term of office:
386 1. In the first year of the Governor’s term of office, the
387 Governor shall appoint four members to the governing board of
388 the Southwest Florida Water Management District and appoint
389 three members to the governing board of each other district.
390 2. In the second year of the Governor’s term of office, the
391 Governor shall appoint three members to the governing board of
392 the Southwest Florida Water Management District and two members
393 to the governing board of each other district.
394 3. In the third year of the Governor’s term of office, the
395 Governor shall appoint three members to the governing board of
396 the Southwest Florida Water Management District and two members
397 to the governing board of each other district.
398 4. In the fourth year of the Governor’s term of office, the
399 Governor shall appoint three members to the governing board of
400 the Southwest Florida Water Management District and two members
401 to the governing board of each other district.
402
403 For any governing board vacancy that occurs before the date
404 scheduled for the office to be filled under this paragraph, the
405 Governor shall appoint a person nominated by the Florida Public
406 Service Commission Nominating Council meeting residency
407 requirements of subsection (2) for a term that will expire on
408 the date scheduled for the term of that office to terminate
409 under this subsection. In addition to the residency requirements
410 for the governing boards as provided by subsection (2), the
411 Governor shall consider appointing governing board members to
412 represent an equitable cross-section of regional interests and
413 technical expertise.
414 (2) Membership on governing boards shall be selected from
415 candidates who have significant experience in one or more of the
416 following areas, including, but not limited to: agriculture, the
417 development industry, local government, government-owned or
418 privately owned water utilities, law, civil engineering,
419 environmental science, hydrology, accounting, or financial
420 businesses. Notwithstanding the provisions of any other general
421 or special law to the contrary, vacancies in the governing
422 boards of the water management districts shall be filled
423 according to the following residency requirements, representing
424 areas designated by the United States Water Resources Council in
425 United States Geological Survey, River Basin and Hydrological
426 Unit Map of Florida—1975, Map Series No. 72:
427 (a) Northwest Florida Water Management District:
428 1. One member shall reside in the area generally designated
429 as the “Perdido River Basin-Perdido Bay Coastal Area-Lower
430 Conecuh River-Escambia River Basin” hydrologic units and that
431 portion of the “Escambia Bay Coastal Area” hydrologic unit which
432 lies west of Pensacola Bay and Escambia Bay.
433 2. One member shall reside in the area generally designated
434 as the “Blackwater River Basin-Yellow River Basin-Choctawhatchee
435 Bay Coastal Area” hydrologic units and that portion of the
436 “Escambia Bay Coastal Area” hydrologic unit which lies east of
437 Pensacola Bay and Escambia Bay.
438 3. One member shall reside in the area generally designated
439 as the “Choctawhatchee River Basin-St. Andrews Bay Coastal Area”
440 hydrologic units.
441 4. One member shall reside in the area generally designated
442 as the “Lower Chattahoochee-Apalachicola River-Chipola River
443 Basin-Coastal Area between Ochlockonee River Apalachicola
444 Rivers-Apalachicola Bay coastal area and offshore islands”
445 hydrologic units.
446 5. One member shall reside in the area generally designated
447 as the “Ochlockonee River Basin-St. Marks and Wakulla Rivers and
448 coastal area between Aucilla and Ochlockonee River Basin”
449 hydrologic units.
450 6. Four members shall be appointed at large, except that no
451 county shall have more than two members on the governing board.
452 (b) Suwannee River Water Management District:
453 1. One member shall reside in the area generally designated
454 as the “Aucilla River Basin” hydrologic unit.
455 2. One member shall reside in the area generally designated
456 as the “Coastal Area between Suwannee and Aucilla Rivers”
457 hydrologic unit.
458 3. One member shall reside in the area generally designated
459 as the “Withlacoochee River Basin-Alapaha River Basin-Suwannee
460 River Basin above the Withlacoochee River” hydrologic units.
461 4. One member shall reside in the area generally designated
462 as the “Suwannee River Basin below the Withlacoochee River
463 excluding the Santa Fe River Basin” hydrologic unit.
464 5. One member shall reside in the area generally designated
465 as the “Santa Fe Basin-Waccasassa River and coastal area between
466 Withlacoochee and Suwannee River” hydrologic units.
467 6. Four members shall be appointed at large, except that no
468 county shall have more than two members on the governing board.
469 (c) St. Johns River Water Management District:
470 1. One member shall reside in the area generally designated
471 as the “St. Marys River Basin-Coastal area between St. Marys and
472 St. Johns Rivers” hydrologic units.
473 2. One member shall reside in the area generally designated
474 as the “St. Johns River Basin below Oklawaha River-Coastal area
475 between the St. Johns River and Ponce de Leon Inlet” hydrologic
476 units.
477 3. One member shall reside in the area generally designated
478 as the “Oklawaha River Basin” hydrologic unit.
479 4. One member shall reside in the area generally designated
480 as the “St. Johns River Basin above the Oklawaha River”
481 hydrologic unit.
482 5. One member shall reside in the area generally designated
483 as the “Coastal area between Ponce de Leon Inlet and Sebastian
484 Inlet-Coastal area Sebastian Inlet to St. Lucie River”
485 hydrologic units.
486 6. Four members shall be appointed at large, except that no
487 county shall have more than two members on the governing board.
488 (d) South Florida Water Management District:
489 1. Two members shall reside in Miami-Dade County.
490 2. One member shall reside in Broward County.
491 3. One member shall reside in Palm Beach County.
492 4. One member shall reside in Collier County, Lee County,
493 Hendry County, or Charlotte County.
494 5. One member shall reside in Glades County, Okeechobee
495 County, Highlands County, Polk County, Orange County, or Osceola
496 County.
497 6. Two members, appointed at large, shall reside in an area
498 consisting of St. Lucie, Martin, Palm Beach, Broward, Miami
499 Dade, and Monroe Counties.
500 7. One member, appointed at large, shall reside in an area
501 consisting of Collier, Lee, Charlotte, Hendry, Glades, Osceola,
502 Okeechobee, Polk, Highlands, and Orange Counties.
503 8. No county shall have more than three members on the
504 governing board.
505 (e) Southwest Florida Water Management District:
506 1. Two members shall reside in Hillsborough County.
507 2. One member shall reside in the area consisting of
508 Hillsborough and Pinellas Counties.
509 3. Two members shall reside in Pinellas County.
510 4. One member shall reside in Manatee County.
511 5. Two members shall reside in Polk County.
512 6. One member shall reside in Pasco County.
513 7. One member shall be appointed at large from Levy,
514 Citrus, Sumter, and Lake Counties.
515 8. One member shall be appointed at large from Hardee,
516 DeSoto, and Highlands Counties.
517 9. One member shall be appointed at large from Marion and
518 Hernando Counties.
519 10. One member shall be appointed at large from Sarasota
520 and Charlotte Counties.
521 Section 9. Subsection (4) of section 373.079, Florida
522 Statutes, is amended to read:
523 373.079 Members of governing board; oath of office; staff.—
524 (4)(a) The governing board of the district is authorized to
525 employ an executive director, ombudsman, and such engineers,
526 other professional persons, and other personnel and assistants
527 as it deems necessary and under such terms and conditions as it
528 may determine and to terminate such employment. The appointment
529 of an executive director by the governing board is subject to
530 approval by the Governor and must be initially confirmed by the
531 Florida Senate. The governing board may delegate all or part of
532 its authority under this paragraph to the executive director.
533 However, the governing board shall delegate to the executive
534 director all of its authority to take final action on permit
535 applications under part II or part IV, or petitions for
536 variances or waivers of permitting requirements under part II or
537 part IV, except for denials of such actions as provided in s.
538 373.083(5). The executive director must be confirmed by the
539 Senate upon employment and must be confirmed or reconfirmed by
540 the Senate during the second regular session of the Legislature
541 following a gubernatorial election.
542 (b)1. The governing board of each water management district
543 shall employ an inspector general, who shall report directly to
544 the board. However, the governing boards of the Suwannee River
545 Water Management District and the Northwest Florida Water
546 Management District may jointly employ an inspector general, or
547 provide for inspector general services by interagency agreement
548 with a state agency or water management district inspector
549 general.
550 2. An inspector general must have the qualifications
551 prescribed and perform the applicable duties of state agency
552 inspectors general as provided in s. 20.055.
553 Section 10. Subsection (5) of section 373.083, Florida
554 Statutes, is amended to read:
555 373.083 General powers and duties of the governing board.
556 In addition to other powers and duties allowed it by law, the
557 governing board is authorized to:
558 (5) Execute any of the powers, duties, and functions vested
559 in the governing board through a member or members thereof, the
560 executive director, or other district staff as designated by the
561 governing board. The governing board may establish the scope and
562 terms of any delegation. The However, if the governing board
563 shall delegate all of its delegates the authority to the
564 executive director to take final action on permit applications
565 under part II or part IV, or petitions for variances or waivers
566 of permitting requirements under part II or part IV. However,
567 the governing board shall provide a process for referring any
568 denial of such application or petition to the governing board to
569 take final action. The authority in this subsection is
570 supplemental to any other provision of this chapter granting
571 authority to the governing board to delegate specific powers,
572 duties, or functions.
573 Section 11. Subsection (4) of section 373.118, Florida
574 Statutes, is amended to read:
575 373.118 General permits; delegation.—
576 (4) To provide for greater efficiency, the governing board
577 may delegate by rule its powers and duties pertaining to general
578 permits to the executive director. The executive director may
579 execute such delegated authority through designated staff.
580 However, when delegating the authority to take final action on
581 permit applications under part II or part IV or petitions for
582 variances or waivers of permitting requirements under part II or
583 part IV, the governing board shall provide a process for
584 referring any denial of such application or petition to the
585 governing board to take such final action.
586 Section 12. Subsection (5) is added to section 373.584,
587 Florida Statutes, to read:
588 373.584 Revenue bonds.—
589 (5)(a) The total annual debt service for bonds issued
590 pursuant to this section and s. 373.536 may not exceed 25
591 percent of the annual ad valorem tax revenues of the water
592 management district, unless approved by the Joint Legislative
593 Budget Commission.
594 (b) The Joint Legislative Budget Commission is authorized
595 to review the financial soundness of a water management district
596 and determine whether bonds may be issued by a water management
597 district in excess of the limitation of paragraph (a).
598 (c) A water management district may not take any action
599 regarding the issuance of bonds in excess of the limitation in
600 paragraph (a) without the prior approval of the Joint
601 Legislative Budget Commission pursuant to joint rules of the
602 Senate and the House of Representatives.
603 (d) Bonds issued and outstanding prior to January 1, 2009,
604 in excess of the limitation in paragraph (a) are not a violation
605 of these provisions and shall not be included in the calculation
606 of the limitation. Nothing contained in this subsection shall
607 affect the validity or enforceability of outstanding revenue
608 bonds.
609 Section 13. Subsection (1) and paragraphs (a) and (b) of
610 subsection (10) of section 373.59, Florida Statutes, are amended
611 to read:
612 373.59 Water Management Lands Trust Fund.—
613 (1) There is established within the Department of
614 Environmental Protection the Water Management Lands Trust Fund
615 to be used as a nonlapsing fund for the purposes of this
616 section. The moneys in this fund are hereby continually
617 appropriated for the purposes of land acquisition, management,
618 maintenance, capital improvements of land titled to the
619 districts, payments in lieu of taxes, debt service on bonds
620 issued prior to July 1, 1999, debt service on bonds issued on or
621 after July 1, 1999, which are issued to refund bonds issued
622 before July 1, 1999, preacquisition costs associated with land
623 purchases, and the department’s costs of administration of the
624 fund, and the direct expenses of the Florida Public Service
625 Commission Nominating Council. No refunding bonds may be issued
626 which mature after the final maturity date of the bonds being
627 refunded or which provide for higher debt service in any year
628 than is payable on such bonds as of February 1, 2009. The
629 department’s costs of administration shall be charged
630 proportionally against each district’s allocation using the
631 formula provided in subsection (8). Capital improvements shall
632 include, but need not be limited to, perimeter fencing, signs,
633 firelanes, control of invasive exotic species, controlled
634 burning, habitat inventory and restoration, law enforcement,
635 access roads and trails, and minimal public accommodations, such
636 as primitive campsites, garbage receptacles, and toilets. The
637 moneys in the fund may also be appropriated to supplement
638 operational expenditures at the Northwest Florida Water
639 Management District and the Suwannee River Water Management
640 District, with such appropriations allocated prior to the
641 allocations set out in subsection (8) to the five water
642 management districts.
643 (10)(a) Beginning July 1, 1999, not more than one-fourth of
644 the funds provided for in subsections (1) and (8) in any year
645 shall be reserved annually by a governing board, during the
646 development of its annual operating budget, for payments in lieu
647 of taxes for all actual tax losses incurred as a result of
648 governing board acquisitions for water management districts
649 pursuant to ss. 259.101, 259.105, 373.470, and this section
650 during any year. Reserved funds not used for payments in lieu of
651 taxes in any year shall revert to the Water Management Lands
652 Trust Fund to be used in accordance with the provisions of this
653 section.
654 (b) Payment in lieu of taxes shall be available:
655 1. To all counties that have a population of 150,000 or
656 fewer. Population levels shall be determined pursuant to s.
657 11.031.
658 2. To all local governments located in eligible counties
659 and whose lands are bought and taken off the tax rolls.
660
661 For properties acquired after January 1, 2000, in the event that
662 such properties otherwise eligible for payment in lieu of taxes
663 under this subsection are leased or reserved and remain subject
664 to ad valorem taxes, payments in lieu of taxes shall commence or
665 recommence upon the expiration or termination of the lease or
666 reservation, but in no event shall there be more than a total of
667 10 annual payments in lieu of taxes for each tax loss. If the
668 lease is terminated for only a portion of the lands at any time,
669 the 10 annual payments shall be made for that portion only
670 commencing the year after such termination, without limiting the
671 requirement that 10 annual payments shall be made on the
672 remaining portion or portions of the land as the lease on each
673 expires. For the purposes of this subsection, “local government”
674 includes municipalities, the county school board, mosquito
675 control districts, and any other local government entity which
676 levies ad valorem taxes.
677 Section 14. Sections 373.465 and 373.466, Florida Statutes
678 are repealed.
679 Section 15. This act shall take effect upon becoming a law.