Florida Senate - 2009                      CS for CS for SB 1898
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       Environmental Preservation and Conservation; and Environmental
       Preservation and Conservation
       
       
       585-05778-09                                          20091898c2
    1                        A bill to be entitled                      
    2         An act relating to water management; reenacting ss.
    3         373.069, 373.0693, 373.0695, 373.073, and 373.083,
    4         F.S., relating to the creation of the water management
    5         districts, pursuant to the provisions of the Florida
    6         Government Accountability Act; amending s. 350.031,
    7         F.S.; redesignating the Florida Public Service
    8         Commission Nominating Council as the “Legislative
    9         Nominating Council”; providing council members
   10         authority to nominate water management district
   11         governing board members; amending s. 373.0693, F.S.;
   12         providing conditions for serving on a basin board
   13         after a term expires; removing ex officio designation
   14         for board members serving on basin boards; revising
   15         the membership of certain basin boards; eliminating
   16         the Oklawaha River Basin Advisory Council; amending s.
   17         373.323, F.S.; providing for an applicant who meets
   18         certain conditions to be certified as a licensed water
   19         well contractor; amending s. 373.536, F.S.;
   20         authorizing certain chairs of committees of the Senate
   21         and the House of Representatives to submit comments
   22         and objections to proposed district budgets; amending
   23         s. 373.079, F.S.; providing for the delegation of
   24         permit decisions to the executive director of a water
   25         management district; revising meeting requirements for
   26         members of the governing boards, committees, and
   27         advisory boards of the water management districts, as
   28         provided in s. 120.54, F.S.; creating s. 373.0725,
   29         F.S.; providing for the Legislative Nominating Council
   30         to nominate candidates for appointment to the water
   31         management boards; providing requirements; amending s.
   32         373.073, F.S.; providing conforming changes; amending
   33         s. 373.083, F.S.; providing conforming changes;
   34         prohibiting the governing board of a water management
   35         district from interfering during review of permits;
   36         amending s. 373.118, F.S.; providing conforming
   37         changes; amending s. 373.584, F.S.; providing for a
   38         cap on revenues pledged for debt service; providing
   39         for legislative approval to exceed the cap; amending
   40         s. 373.59, F.S.; allowing for the use of funds to pay
   41         for nominating council activities; clarifying
   42         conditions under which payment in lieu of taxes shall
   43         be paid; amending s. 373.236, F.S.; providing for 25
   44         year permits for renewable energy generating
   45         facilities under certain conditions; providing for a
   46         compliance report every 5 years during the term of the
   47         permit; encouraging participation in and contributions
   48         to alternative water supply development projects by
   49         private rural landowners; providing 50-year permits
   50         for such projects under certain conditions; granting
   51         the water management district authority to modify such
   52         permits to ensure compliance; amending s. 373.243,
   53         F.S.; providing for revocation authority to the
   54         governing board under certain conditions; repealing
   55         ss. 373.465 and 373.466, F.S., relating to the Lake
   56         Panasoffkee Restoration Council and the restoration
   57         program; providing an effective date.
   58  
   59  Be It Enacted by the Legislature of the State of Florida:
   60  
   61         Section 1. Sections 373.069, 373.0693, 373.0695, 373.073,
   62  and 373.083, Florida Statutes, are reenacted.
   63         Section 2. Section 350.031, Florida Statutes, is amended to
   64  read:
   65         350.031 Legislative Florida Public Service Commission
   66  Nominating Council.—
   67         (1)(a) There is created a Legislative Florida Public
   68  Service Commission Nominating Council consisting of 12 members.
   69  At least one member of the council must be 60 years of age or
   70  older. Six members, including three members of the House of
   71  Representatives, one of whom shall be a member of the minority
   72  party, shall be appointed by and serve at the pleasure of the
   73  Speaker of the House of Representatives. Six members, including
   74  three members of the Senate, one of whom shall be a member of
   75  the minority party, shall be appointed by and serve at the
   76  pleasure of the President of the Senate.
   77         (b) All terms shall be for 4 years except those members of
   78  the House and Senate, who shall serve 2-year terms concurrent
   79  with the 2-year elected terms of House members. All terms of the
   80  members of the Legislative Public Service Commission Nominating
   81  Council existing on June 30, 2008, shall terminate upon the
   82  effective date of this act; however, such members may serve an
   83  additional term if reappointed by the Speaker of the House of
   84  Representatives or the President of the Senate. To establish
   85  staggered terms, appointments of members shall be made for
   86  initial terms to begin on July 1, 2008, with each appointing
   87  officer to appoint three legislator members, one of whom shall
   88  be a member of the minority party, to terms through the
   89  remainder of the 2-year elected terms of House members; one
   90  nonlegislator member to a 6-month term; one nonlegislator member
   91  to an 18-month term; and one nonlegislator member to a 42-month
   92  term. Thereafter, the terms of the nonlegislator members of the
   93  Legislative Public Service Commission Nominating Council shall
   94  begin on January 2 of the year the term commences and end 4
   95  years later on January 1.
   96         (c) The President of the Senate shall appoint the chair of
   97  the council in even-numbered years and the vice chair in odd
   98  numbered years, and the Speaker of the House of Representatives
   99  shall appoint the chair of the council in odd-numbered years and
  100  the vice chair in even-numbered years, from among the council
  101  membership.
  102         (d) Vacancies on the council shall be filled for the
  103  unexpired portion of the term in the same manner as original
  104  appointments to the council. A member may not be reappointed to
  105  the council, except for a member of the House of Representatives
  106  or the Senate who may be appointed to two 2-year terms, members
  107  who are reappointed pursuant to paragraph (b), or a person who
  108  is appointed to fill the remaining portion of an unexpired term.
  109         (2)(a) No member or spouse shall be the holder of the
  110  stocks or bonds of any company, other than through ownership of
  111  shares in a mutual fund, regulated by the commission, or any
  112  affiliated company of any company regulated by the commission,
  113  or be an agent or employee of, or have any interest in, any
  114  company regulated by the commission or any affiliated company of
  115  any company regulated by the commission, or in any firm which
  116  represents in any capacity either companies which are regulated
  117  by the commission or affiliates of companies regulated by the
  118  commission. As a condition of appointment to the council, each
  119  appointee shall affirm to the Speaker and the President his or
  120  her qualification by the following certification: “I hereby
  121  certify that I am not a stockholder, other than through
  122  ownership of shares in a mutual fund, in any company regulated
  123  by the commission or in any affiliate of a company regulated by
  124  the commission, nor in any way, directly or indirectly, in the
  125  employment of, or engaged in the management of any company
  126  regulated by the commission or any affiliate of a company
  127  regulated by the commission, or in any firm which represents in
  128  any capacity either companies which are regulated by the
  129  commission or affiliates of companies regulated by the
  130  commission.”
  131  
  132  This certification is made as condition to appointment to the
  133  Legislative Florida Public Service Commission Nominating
  134  Council.
  135         (b) A member of the council may be removed by the Speaker
  136  of the House of Representatives and the President of the Senate
  137  upon a finding by the Speaker and the President that the council
  138  member has violated any provision of this subsection or for
  139  other good cause.
  140         (c) If a member of the council does not meet the
  141  requirements of this subsection, the President of the Senate or
  142  the Speaker of the House of Representatives, as appropriate,
  143  shall appoint a legislative replacement.
  144         (3) A majority of the membership of the council may conduct
  145  any business before the council. All meetings and proceedings of
  146  the council shall be staffed by the Office of Legislative
  147  Services and shall be subject to the provisions of ss. 119.07
  148  and 286.011. Members of the council are entitled to receive per
  149  diem and travel expenses as provided in s. 112.061, which shall
  150  be funded by the Florida Public Service Regulatory Trust Fund.
  151  Applicants invited for interviews before the council may, in the
  152  discretion of the council, receive per diem and travel expenses
  153  as provided in s. 112.061, which shall be funded by the Florida
  154  Public Service Regulatory Trust Fund. The council shall
  155  establish policies and procedures to govern the process by which
  156  applicants are nominated.
  157         (4) The council may spend a nominal amount, not to exceed
  158  $10,000, to advertise a vacancy on the council, which shall be
  159  funded by the Florida Public Service Regulatory Trust Fund.
  160         (5) A person may not be nominated to the Governor for
  161  appointment to the Public Service Commission until the council
  162  has determined that the person is competent and knowledgeable in
  163  one or more fields, which shall include, but not be limited to:
  164  public affairs, law, economics, accounting, engineering,
  165  finance, natural resource conservation, energy, or another field
  166  substantially related to the duties and functions of the
  167  commission. The commission shall fairly represent the above
  168  stated fields. Recommendations of the council shall be
  169  nonpartisan.
  170         (6) It is the responsibility of the council to nominate to
  171  the Governor no fewer than three persons for each vacancy
  172  occurring on the Public Service Commission. The council shall
  173  submit the recommendations to the Governor by September 15 of
  174  those years in which the terms are to begin the following
  175  January, or within 60 days after a vacancy occurs for any reason
  176  other than the expiration of the term.
  177         (7) The Governor shall fill a vacancy occurring on the
  178  Public Service Commission by appointment of one of the
  179  applicants nominated by the council only after a background
  180  investigation of such applicant has been conducted by the
  181  Florida Department of Law Enforcement. If the Governor has not
  182  made an appointment within 30 consecutive calendar days after
  183  the receipt of the recommendation, the council, by majority
  184  vote, shall appoint, within 30 days after the expiration of the
  185  Governor’s time to make an appointment, one person from the
  186  applicants previously nominated to the Governor to fill the
  187  vacancy.
  188         (8) Each appointment to the Public Service Commission shall
  189  be subject to confirmation by the Senate during the next regular
  190  session after the vacancy occurs. If the Senate refuses to
  191  confirm or fails to consider the Governor’s appointment, the
  192  council shall initiate, in accordance with this section, the
  193  nominating process within 30 days.
  194         (9) When the Governor makes an appointment to fill a
  195  vacancy occurring due to expiration of the term, and that
  196  appointment has not been confirmed by the Senate before the
  197  appointing Governor’s term ends, a successor Governor may,
  198  within 30 days after taking office, recall the appointment and,
  199  prior to the first day of the next regular session, make a
  200  replacement appointment from the list provided to the previous
  201  Governor by the council. Such an appointment is subject to
  202  confirmation by the Senate at the next regular session following
  203  the creation of the vacancy to which the appointments are being
  204  made. If the replacement appointment is not timely made, or if
  205  the appointment is not confirmed by the Senate for any reason,
  206  the council, by majority vote, shall appoint, within 30 days
  207  after the Legislature adjourns sine die, one person from the
  208  applicants previously nominated to the Governor to fill the
  209  vacancy, and this appointee is subject to confirmation by the
  210  Senate during the next regular session following the
  211  appointment.
  212         (10)The council shall also be responsible for nominating
  213  individuals to serve as water management district governing
  214  board members pursuant to the provisions of s. 373.0725.
  215         Section 3. Subsections (3), (6), and (7) and paragraph (a)
  216  of subsection (8) of section 373.0693, Florida Statutes, are
  217  amended to read:
  218         373.0693 Basins; basin boards.—
  219         (3) Each member of the various basin boards shall serve for
  220  a period of 3 years or until a successor is appointed, but not
  221  more than 180 days beyond the end of the expired term, except
  222  that the board membership of each new basin shall be divided
  223  into three groups as equally as possible, with members in such
  224  groups to be appointed for 1, 2, and 3 years, respectively. Each
  225  basin board shall choose a vice chair and a secretary to serve
  226  for a period of 1 year. The term of office of a basin board
  227  member shall be construed to commence on March 2 preceding the
  228  date of appointment and to terminate March 1 of the year of the
  229  end of a term or may continue until a successor is appointed,
  230  but not more than 180 days beyond the end of the expired term.
  231         (6)(a) Notwithstanding the provisions of any other general
  232  or special law to the contrary, a member of the governing board
  233  of the district residing in the basin or, if no member resides
  234  in the basin, a member of the governing board designated by the
  235  chair of the governing board shall be the ex officio chair of
  236  the basin board. The ex officio chair shall preside at all
  237  meetings of the basin board, except that the vice chair may
  238  preside in his or her absence. The ex officio chair shall have
  239  no official vote, except in case of a tie vote being cast by the
  240  members, but shall be the liaison officer of the district in all
  241  affairs in the basin and shall be kept informed of all such
  242  affairs.
  243         (b) Basin boards within the Southwest Florida Water
  244  Management District shall meet regularly as determined by a
  245  majority vote of the basin board members. Subject to notice
  246  requirements of chapter 120, special meetings, both emergency
  247  and nonemergency, may be called either by the ex officio chair
  248  or the elected vice chair of the basin board or upon request of
  249  two basin board members. The district staff shall include on the
  250  agenda of any basin board meeting any item for discussion or
  251  action requested by a member of that basin board. The district
  252  staff shall notify any basin board, as well as their respective
  253  counties, of any vacancies occurring in the district governing
  254  board or their respective basin boards.
  255         (7) At 11:59 p.m. on December 31, 1976, the Manasota
  256  Watershed Basin of the Ridge and Lower Gulf Coast Water
  257  Management District, which is annexed to the Southwest Florida
  258  Water Management District by change of its boundaries pursuant
  259  to chapter 76-243, Laws of Florida, shall be formed into a
  260  subdistrict or basin of the Southwest Florida Water Management
  261  District, subject to the same provisions as the other basins in
  262  such district. Such subdistrict shall be designated initially as
  263  the Manasota Basin. The members of the governing board of the
  264  Manasota Watershed Basin of the Ridge and Lower Gulf Coast Water
  265  Management District shall become members of the governing board
  266  of the Manasota Basin of the Southwest Florida Water Management
  267  District. Notwithstanding other provisions in this section,
  268  beginning on July 1, 2001, the membership of the Manasota Basin
  269  Board shall be comprised of two three members from Manatee
  270  County and two three members from Sarasota County. Matters
  271  relating to tie votes shall be resolved pursuant to subsection
  272  (6) by the ex officio chair designated by the governing board to
  273  vote in case of a tie vote.
  274         (8)(a) At 11:59 p.m. on June 30, 1988, the area transferred
  275  from the Southwest Florida Water Management District to the St.
  276  Johns River Water Management District by change of boundaries
  277  pursuant to chapter 76-243, Laws of Florida, shall cease to be a
  278  subdistrict or basin of the St. Johns River Water Management
  279  District known as the Oklawaha River Basin and said Oklawaha
  280  River Basin shall cease to exist. However, any recognition of an
  281  Oklawaha River Basin or an Oklawaha River Hydrologic Basin for
  282  regulatory purposes shall be unaffected. The area formerly known
  283  as the Oklawaha River Basin shall continue to be part of the St.
  284  Johns River Water Management District. There shall be
  285  established by the governing board of the St. Johns River Water
  286  Management District the Oklawaha River Basin Advisory Council to
  287  receive public input and advise the St. Johns River Water
  288  Management District’s governing board on water management issues
  289  affecting the Oklawaha River Basin. The Oklawaha River Basin
  290  Advisory Council shall be appointed by action of the St. Johns
  291  River Water Management District’s governing board and shall
  292  include one representative from each county which is wholly or
  293  partly included in the Oklawaha River Basin. The St. Johns River
  294  Water Management District’s governing board member currently
  295  serving pursuant to s. 373.073(2)(c)3. shall serve as chair of
  296  the Oklawaha River Basin Advisory Council. Members of the
  297  Oklawaha River Basin Advisory Council shall receive no
  298  compensation for their services but are entitled to be
  299  reimbursed for per diem and travel expenses as provided in s.
  300  112.061.
  301         Section 4. Subsection (3) of section 373.323, Florida
  302  Statutes, is amended to read:
  303         373.323 Licensure of water well contractors; application,
  304  qualifications, and examinations; equipment identification.—
  305         (3) An applicant who meets the following requirements shall
  306  be entitled to take the water well contractor licensure
  307  examination to practice water well contracting:
  308         (a) Is at least 18 years of age.
  309         (b) Has at least 2 years of experience in constructing,
  310  repairing, or abandoning water wells. Satisfactory proof of such
  311  experience shall be demonstrated by providing:
  312         1.Evidence of the length of time the applicant has been
  313  engaged in the business of the construction, abandonment, and
  314  repair of water wells as a major activity, as attested to by
  315  three letters from any of the following persons:
  316         a.Water well contractors.
  317         b.Water well drillers.
  318         c.Water well parts and equipment vendors.
  319         d.Water well inspectors employed by a governmental agency.
  320         2.A list of at least 10 water wells that the applicant has
  321  constructed, repaired, or abandoned, which includes the
  322  following information:
  323         a.The name and address of the owner or owners of each
  324  well.
  325         b.The location, primary use, and approximate depth and
  326  diameter of each well that the applicant has constructed,
  327  repaired, or abandoned.
  328         c.The approximate date the construction, repair, or
  329  abandonment of each well was completed.
  330  
  331  All listed wells must have been constructed, repaired, or
  332  abandoned within 5 years immediately preceding the filing of the
  333  license application. At least seven of the 10 water wells must
  334  have been constructed by the applicant as defined in s.
  335  373.303(2).
  336         (c) Has completed the application form and remitted a
  337  nonrefundable application fee.
  338         Section 5. Paragraph (e) of subsection (5) of section
  339  373.536, Florida Statutes, is amended to read:
  340         373.536 District budget and hearing thereon.—
  341         (5) TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND
  342  APPROVAL.—
  343         (e) By September 5 of the year in which the budget is
  344  submitted, the House and Senate appropriations and appropriate
  345  substantive committee chairs may transmit to each district
  346  comments and objections to the proposed budgets. Each district
  347  governing board shall include a response to such comments and
  348  objections in the record of the governing board meeting where
  349  final adoption of the budget takes place, and the record of this
  350  meeting shall be transmitted to the Executive Office of the
  351  Governor, the department, and the chairs of the House and Senate
  352  appropriations committees.
  353         Section 6. Subsections (4) and (7) of section 373.079,
  354  Florida Statutes, are amended to read:
  355         373.079 Members of governing board; oath of office; staff.—
  356         (4)(a) The governing board of the district is authorized to
  357  employ an executive director, ombudsman, and such engineers,
  358  other professional persons, and other personnel and assistants
  359  as it deems necessary and under such terms and conditions as it
  360  may determine and to terminate such employment. The appointment
  361  of an executive director by the governing board is subject to
  362  approval by the Governor and must be initially confirmed by the
  363  Florida Senate. The governing board may delegate all or part of
  364  its authority under this paragraph to the executive director.
  365  However, the governing board shall delegate to the executive
  366  director all of its authority to take final action on permit
  367  applications under part II or part IV, or petitions for
  368  variances or waivers of permitting requirements under part II or
  369  part IV, except for denials of such actions as provided in s.
  370  373.083(5). The executive director must be confirmed by the
  371  Senate upon employment and must be confirmed or reconfirmed by
  372  the Senate during the second regular session of the Legislature
  373  following a gubernatorial election.
  374         (b)1. The governing board of each water management district
  375  shall employ an inspector general, who shall report directly to
  376  the board. However, the governing boards of the Suwannee River
  377  Water Management District and the Northwest Florida Water
  378  Management District may jointly employ an inspector general, or
  379  provide for inspector general services by interagency agreement
  380  with a state agency or water management district inspector
  381  general.
  382         2. An inspector general must have the qualifications
  383  prescribed and perform the applicable duties of state agency
  384  inspectors general as provided in s. 20.055.
  385         (7) The governing board shall meet at least once a month
  386  and upon call of the chair. The governing board, a basin board,
  387  a committee, or an advisory board may conduct meetings by means
  388  of communications media technology as provided in the uniform
  389  rules of procedure adopted pursuant to s. 120.54.
  390         Section 7. Section 373.0725, Florida Statutes, is created
  391  to read:
  392         373.0725Appointment of governing board members.—
  393         (1)It is the intent of the Legislature to ensure the
  394  public trust and resources are appropriately protected by
  395  seeking qualified candidates for gubernatorial appointment as
  396  water management district governing board members.
  397         (2)The Governor shall appoint members from those nominated
  398  by the Legislative Nominating Council created in s. 350.031.
  399         (3)The council shall submit recommendations to the
  400  Governor 60 days prior to the date in which a term is to begin
  401  and within 60 days after a vacancy occurs for any reason other
  402  than the expiration of the term.
  403         (4)The council shall nominate three persons per vacancy.
  404         (5)In order to nominate a candidate, the council shall
  405  determine that:
  406         (a)The candidate is competent, knowledgeable, and
  407  possesses substantial technical expertise in a field related to
  408  the duties and functions of the water management districts.
  409  These fields shall include, but are not limited to, agriculture,
  410  the development industry, local government, government-owned or
  411  privately owned water utilities, law, civil engineering,
  412  environmental science, hydrology, accounting, financial
  413  businesses, or another field substantially related to the duties
  414  and functions of the water management district, or the candidate
  415  may be a member of the business community within the water
  416  management district’s boundaries.
  417         (b)The candidate is a homesteaded resident within the
  418  district he or she is nominated to represent and the candidate
  419  meets the residency requirements of s. 373.072(2) for the
  420  vacancy being filled.
  421         (c)The candidate has a background investigation conducted
  422  by the Department of Law Enforcement and has been determined to
  423  be of good moral standards.
  424         (6)In developing a list of nominees, the council shall
  425  ensure that no more than two governing board members on each
  426  water management district governing board are residents of the
  427  same county, and a person may not represent more than one water
  428  management district governing board. The council shall consider
  429  nominating candidates that represent an equitable cross-section
  430  of regional interests and technical expertise. Recommendations
  431  of the council must be nonpartisan.
  432         (7)Each water management district may advertise each
  433  vacancy on its water management district governing board or post
  434  the vacancy on the water management district’s home web page.
  435         (8)The council expenses must be proportionately shared by
  436  the respective water management district whose governing board
  437  vacancy is being filled. The Department of Environmental
  438  Protection is authorized to execute a memorandum of
  439  understanding between the state’s water management districts and
  440  the department in order to fund the expenses of the council.
  441         (9)The water management districts shall assist the council
  442  by providing staff, counsel, and technical assistance necessary
  443  to carry out the responsibilities of the council.
  444         Section 8. Section 373.073, Florida Statutes, is amended to
  445  read:
  446         373.073 Governing board.—
  447         (1)(a) The governing board of each water management
  448  district shall be composed of 9 members who shall reside within
  449  the district, except that the Southwest Florida Water Management
  450  District shall be composed of 13 members who shall reside within
  451  the district. Members of the governing boards shall be appointed
  452  by the Governor from a list of candidates nominated by the
  453  Legislative Nominating Council, subject to confirmation by the
  454  Senate at the next regular session of the Legislature, and the
  455  refusal or failure of the Senate to confirm an appointment
  456  creates a vacancy in the office to which the appointment was
  457  made. The term of office for a governing board member is 4 years
  458  and commences on March 2 of the year in which the appointment is
  459  made and terminates on March 1 of the fourth calendar year of
  460  the term or may continue until a successor is appointed, but not
  461  more than 180 days. Terms of office of governing board members
  462  shall be staggered to help maintain consistency and continuity
  463  in the exercise of governing board duties and to minimize
  464  disruption in district operations.
  465         (b) Commencing January 1, 2011 1999, the Governor shall
  466  appoint the following number of governing board members in each
  467  year of the Governor’s 4-year term of office:
  468         1. In the first year of the Governor’s term of office, the
  469  Governor shall appoint four members to the governing board of
  470  the Southwest Florida Water Management District and appoint
  471  three members to the governing board of each other district.
  472         2. In the second year of the Governor’s term of office, the
  473  Governor shall appoint three members to the governing board of
  474  the Southwest Florida Water Management District and two members
  475  to the governing board of each other district.
  476         3. In the third year of the Governor’s term of office, the
  477  Governor shall appoint three members to the governing board of
  478  the Southwest Florida Water Management District and two members
  479  to the governing board of each other district.
  480         4. In the fourth year of the Governor’s term of office, the
  481  Governor shall appoint three members to the governing board of
  482  the Southwest Florida Water Management District and two members
  483  to the governing board of each other district.
  484  
  485  For any governing board vacancy that occurs before the date
  486  scheduled for the office to be filled under this paragraph, the
  487  Governor shall appoint a person nominated by the Legislative
  488  Nominating Council meeting residency requirements of subsection
  489  (2) for a term that will expire on the date scheduled for the
  490  term of that office to terminate under this subsection. In
  491  addition to the residency requirements for the governing boards
  492  as provided by subsection (2), the Governor shall consider
  493  appointing governing board members to represent an equitable
  494  cross-section of regional interests and technical expertise.
  495         (2) Membership on governing boards shall be selected from
  496  candidates who have significant experience in one or more of the
  497  following areas, including, but not limited to: agriculture, the
  498  development industry, local government, government-owned or
  499  privately owned water utilities, law, civil engineering,
  500  environmental science, hydrology, accounting, or financial
  501  businesses. Notwithstanding the provisions of any other general
  502  or special law to the contrary, vacancies in the governing
  503  boards of the water management districts shall be filled
  504  according to the following residency requirements, representing
  505  areas designated by the United States Water Resources Council in
  506  United States Geological Survey, River Basin and Hydrological
  507  Unit Map of Florida—1975, Map Series No. 72:
  508         (a) Northwest Florida Water Management District:
  509         1. One member shall reside in the area generally designated
  510  as the “Perdido River Basin-Perdido Bay Coastal Area-Lower
  511  Conecuh River-Escambia River Basin” hydrologic units and that
  512  portion of the “Escambia Bay Coastal Area” hydrologic unit which
  513  lies west of Pensacola Bay and Escambia Bay.
  514         2. One member shall reside in the area generally designated
  515  as the “Blackwater River Basin-Yellow River Basin-Choctawhatchee
  516  Bay Coastal Area” hydrologic units and that portion of the
  517  “Escambia Bay Coastal Area” hydrologic unit which lies east of
  518  Pensacola Bay and Escambia Bay.
  519         3. One member shall reside in the area generally designated
  520  as the “Choctawhatchee River Basin-St. Andrews Bay Coastal Area”
  521  hydrologic units.
  522         4. One member shall reside in the area generally designated
  523  as the “Lower Chattahoochee-Apalachicola River-Chipola River
  524  Basin-Coastal Area between Ochlockonee River Apalachicola
  525  Rivers-Apalachicola Bay coastal area and offshore islands”
  526  hydrologic units.
  527         5. One member shall reside in the area generally designated
  528  as the “Ochlockonee River Basin-St. Marks and Wakulla Rivers and
  529  coastal area between Aucilla and Ochlockonee River Basin”
  530  hydrologic units.
  531         6. Four members shall be appointed at large, except that no
  532  county shall have more than two members on the governing board.
  533         (b) Suwannee River Water Management District:
  534         1. One member shall reside in the area generally designated
  535  as the “Aucilla River Basin” hydrologic unit.
  536         2. One member shall reside in the area generally designated
  537  as the “Coastal Area between Suwannee and Aucilla Rivers”
  538  hydrologic unit.
  539         3. One member shall reside in the area generally designated
  540  as the “Withlacoochee River Basin-Alapaha River Basin-Suwannee
  541  River Basin above the Withlacoochee River” hydrologic units.
  542         4. One member shall reside in the area generally designated
  543  as the “Suwannee River Basin below the Withlacoochee River
  544  excluding the Santa Fe River Basin” hydrologic unit.
  545         5. One member shall reside in the area generally designated
  546  as the “Santa Fe Basin-Waccasassa River and coastal area between
  547  Withlacoochee and Suwannee River” hydrologic units.
  548         6. Four members shall be appointed at large, except that no
  549  county shall have more than two members on the governing board.
  550         (c) St. Johns River Water Management District:
  551         1. One member shall reside in the area generally designated
  552  as the “St. Marys River Basin-Coastal area between St. Marys and
  553  St. Johns Rivers” hydrologic units.
  554         2. One member shall reside in the area generally designated
  555  as the “St. Johns River Basin below Oklawaha River-Coastal area
  556  between the St. Johns River and Ponce de Leon Inlet” hydrologic
  557  units.
  558         3. One member shall reside in the area generally designated
  559  as the “Oklawaha River Basin” hydrologic unit.
  560         4. One member shall reside in the area generally designated
  561  as the “St. Johns River Basin above the Oklawaha River”
  562  hydrologic unit.
  563         5. One member shall reside in the area generally designated
  564  as the “Coastal area between Ponce de Leon Inlet and Sebastian
  565  Inlet-Coastal area Sebastian Inlet to St. Lucie River”
  566  hydrologic units.
  567         6. Four members shall be appointed at large, except that no
  568  county shall have more than two members on the governing board.
  569         (d) South Florida Water Management District:
  570         1. Two members shall reside in Miami-Dade County.
  571         2. One member shall reside in Broward County.
  572         3. One member shall reside in Palm Beach County.
  573         4. One member shall reside in Collier County, Lee County,
  574  Hendry County, or Charlotte County.
  575         5. One member shall reside in Glades County, Okeechobee
  576  County, Highlands County, Polk County, Orange County, or Osceola
  577  County.
  578         6. Two members, appointed at large, shall reside in an area
  579  consisting of St. Lucie, Martin, Palm Beach, Broward, Miami
  580  Dade, and Monroe Counties.
  581         7. One member, appointed at large, shall reside in an area
  582  consisting of Collier, Lee, Charlotte, Hendry, Glades, Osceola,
  583  Okeechobee, Polk, Highlands, and Orange Counties.
  584         8. No county shall have more than three members on the
  585  governing board.
  586         (e) Southwest Florida Water Management District:
  587         1. Two members shall reside in Hillsborough County.
  588         2. One member shall reside in the area consisting of
  589  Hillsborough and Pinellas Counties.
  590         3. Two members shall reside in Pinellas County.
  591         4. One member shall reside in Manatee County.
  592         5. Two members shall reside in Polk County.
  593         6. One member shall reside in Pasco County.
  594         7. One member shall be appointed at large from Levy,
  595  Citrus, Sumter, and Lake Counties.
  596         8. One member shall be appointed at large from Hardee,
  597  DeSoto, and Highlands Counties.
  598         9. One member shall be appointed at large from Marion and
  599  Hernando Counties.
  600         10. One member shall be appointed at large from Sarasota
  601  and Charlotte Counties.
  602         Section 9. Subsection (5) of section 373.083, Florida
  603  Statutes, is amended to read:
  604         373.083 General powers and duties of the governing board.
  605  In addition to other powers and duties allowed it by law, the
  606  governing board is authorized to:
  607         (5) Execute any of the powers, duties, and functions vested
  608  in the governing board through a member or members thereof, the
  609  executive director, or other district staff as designated by the
  610  governing board. The governing board may establish the scope and
  611  terms of any delegation. The However, if the governing board
  612  shall delegate all of its delegates the authority to the
  613  executive director to take final action on permit applications
  614  under part II or part IV, or petitions for variances or waivers
  615  of permitting requirements under part II or part IV. However,
  616  the governing board shall provide a process for referring any
  617  denial of such application or petition to the governing board to
  618  take final action. Such process shall expressly prohibit any
  619  member of a governing board from intervening in any manner
  620  during the review of an application prior to such application
  621  being referred to the governing board for final action. The
  622  authority in this subsection is supplemental to any other
  623  provision of this chapter granting authority to the governing
  624  board to delegate specific powers, duties, or functions.
  625         Section 10. Subsection (4) of section 373.118, Florida
  626  Statutes, is amended to read:
  627         373.118 General permits; delegation.—
  628         (4)To provide for greater efficiency, the governing board
  629  may delegate by rule its powers and duties pertaining to general
  630  permits to the executive director. The executive director may
  631  execute such delegated authority through designated staff.
  632  However, when delegating the authority to take final action on
  633  permit applications under part II or part IV or petitions for
  634  variances or waivers of permitting requirements under part II or
  635  part IV, the governing board shall provide a process for
  636  referring any denial of such application or petition to the
  637  governing board to take such final action.
  638         Section 11. Subsection (5) is added to section 373.584,
  639  Florida Statutes, to read:
  640         373.584 Revenue bonds.—
  641         (5)(a)The total annual debt service for bonds issued
  642  pursuant to this section and s. 373.536 may not exceed 25
  643  percent of the annual ad valorem tax revenues of the water
  644  management district, unless approved by the Joint Legislative
  645  Budget Commission.
  646         (b)The Joint Legislative Budget Commission is authorized
  647  to review the financial soundness of a water management district
  648  and determine whether bonds may be issued by a water management
  649  district in excess of the limitation of paragraph (a).
  650         (c)A water management district may not take any action
  651  regarding the issuance of bonds in excess of the limitation in
  652  paragraph (a) without the prior approval of the Joint
  653  Legislative Budget Commission pursuant to joint rules of the
  654  Senate and the House of Representatives.
  655         (d)Bonds issued and outstanding prior to January 1, 2009,
  656  in excess of the limitation in paragraph (a) are not a violation
  657  of these provisions and shall not be included in the calculation
  658  of the limitation. Nothing contained in this subsection shall
  659  affect the validity or enforceability of outstanding revenue
  660  bonds.
  661         Section 12. Subsections (1) and (10) of section 373.59,
  662  Florida Statutes, are amended to read:
  663         373.59 Water Management Lands Trust Fund.—
  664         (1) There is established within the Department of
  665  Environmental Protection the Water Management Lands Trust Fund
  666  to be used as a nonlapsing fund for the purposes of this
  667  section. The moneys in this fund are hereby continually
  668  appropriated for the purposes of land acquisition, management,
  669  maintenance, capital improvements of land titled to the
  670  districts, payments in lieu of taxes, debt service on bonds
  671  issued prior to July 1, 1999, debt service on bonds issued on or
  672  after July 1, 1999, which are issued to refund bonds issued
  673  before July 1, 1999, preacquisition costs associated with land
  674  purchases, and the department’s costs of administration of the
  675  fund, and those expenses of the Legislative Nominating Council
  676  attributable to duties performed concerning the districts. No
  677  refunding bonds may be issued which mature after the final
  678  maturity date of the bonds being refunded or which provide for
  679  higher debt service in any year than is payable on such bonds as
  680  of February 1, 2009. The department’s costs of administration
  681  shall be charged proportionally against each district’s
  682  allocation using the formula provided in subsection (8). Capital
  683  improvements shall include, but need not be limited to,
  684  perimeter fencing, signs, firelanes, control of invasive exotic
  685  species, controlled burning, habitat inventory and restoration,
  686  law enforcement, access roads and trails, and minimal public
  687  accommodations, such as primitive campsites, garbage
  688  receptacles, and toilets. The moneys in the fund may also be
  689  appropriated to supplement operational expenditures at the
  690  Northwest Florida Water Management District and the Suwannee
  691  River Water Management District, with such appropriations
  692  allocated prior to the allocations set out in subsection (8) to
  693  the five water management districts.
  694         (10)(a) Beginning July 1, 1999, not more than one-fourth of
  695  the funds provided for in subsections (1) and (8) in any year
  696  shall be reserved annually by a governing board, during the
  697  development of its annual operating budget, for payments in lieu
  698  of taxes for all actual ad valorem tax losses incurred as a
  699  result of governing board acquisitions for water management
  700  district purposes districts pursuant to ss. 259.101, 259.105,
  701  373.470, and this section during any year. Reserved funds not
  702  used for payments in lieu of taxes in any year shall revert to
  703  the Water Management Lands Trust Fund to be used in accordance
  704  with the provisions of this section.
  705         (b) Payment in lieu of taxes shall be available:
  706         1. To all counties that have a population of 150,000 or
  707  fewer. Population levels shall be determined pursuant to s.
  708  186.901 s. 11.031. The population estimates published April 1
  709  and used in the revenue-sharing formula pursuant to s. 186.901
  710  shall be used to determine eligibility under this subsection and
  711  shall apply to payments made for the subsequent fiscal year.
  712         2. To all local governments located in eligible counties
  713  and whose lands are bought and taken off the tax rolls.
  714  
  715  For properties acquired after January 1, 2000, in the event that
  716  such properties otherwise eligible for payment in lieu of taxes
  717  under this subsection are leased or reserved and remain subject
  718  to ad valorem taxes, payments in lieu of taxes shall commence or
  719  recommence upon the expiration or termination of the lease or
  720  reservation, but in no event shall there be more than a total of
  721  10 annual payments in lieu of taxes for each tax loss. If the
  722  lease is terminated for only a portion of the lands at any time,
  723  the 10 annual payments shall be made for that portion only
  724  commencing the year after such termination, without limiting the
  725  requirement that 10 annual payments shall be made on the
  726  remaining portion or portions of the land as the lease on each
  727  expires. For the purposes of this subsection, “local government”
  728  includes municipalities, the county school board, mosquito
  729  control districts, and any other local government entity which
  730  levies ad valorem taxes.
  731         (c) If sufficient funds are unavailable in any year to make
  732  full payments to all qualifying counties and local governments,
  733  such counties and local governments shall receive a pro rata
  734  share of the moneys available.
  735         (d) The payment amount shall be based on the average amount
  736  of actual ad valorem taxes paid on the property for the 3 years
  737  preceding acquisition. Applications for payment in lieu of taxes
  738  shall be made no later than May January 31 of the year for which
  739  payment is sought following acquisition. No payment in lieu of
  740  taxes shall be made for properties which were exempt from ad
  741  valorem taxation for the year immediately preceding acquisition.
  742         (e) If property that was subject to ad valorem taxation was
  743  acquired by a tax-exempt entity for ultimate conveyance to the
  744  state under this chapter, payment in lieu of taxes shall be made
  745  for such property based upon the average amount of ad valorem
  746  taxes paid on the property for the 3 years prior to its being
  747  removed from the tax rolls. The water management districts shall
  748  certify to the Department of Revenue those properties that may
  749  be eligible under this provision. Once eligibility has been
  750  established, that governmental entity shall receive annual
  751  payments for each tax loss until the qualifying governmental
  752  entity exceeds the population threshold pursuant to this
  753  subsection s. 259.032(12)(b).
  754         (f) Payment in lieu of taxes pursuant to this subsection
  755  shall be made annually to qualifying counties and local
  756  governments after certification by the Department of Revenue
  757  that the amounts applied for are reasonably appropriate, based
  758  on the amount of actual ad valorem taxes paid on the eligible
  759  property, and after the water management districts have provided
  760  supporting documents to the Chief Financial Officer and have
  761  requested that payment be made in accordance with the
  762  requirements of this section. With the assistance of the local
  763  government requesting payment in lieu of taxes, the water
  764  management district that acquired the land is responsible for
  765  preparing and submitting application requests for payment to the
  766  Department of Revenue for certification.
  767         (g) If a water management district conveys to a county or
  768  local government title to any land owned by the district, any
  769  payments in lieu of taxes on the land made to the county or
  770  local government shall be discontinued as of the date of the
  771  conveyance.
  772         Section 13. Subsections (6) and (7) are added to section
  773  373.236, Florida Statutes, to read:
  774         373.236 Duration of permits; compliance reports.—
  775         (6)A permit that is approved for the use of water for a
  776  renewable energy generating facility or for cultivating
  777  agricultural products on lands consisting of 1,000 acres or more
  778  for renewable energy, as defined in s. 366.91(2)(d), shall be
  779  granted for a term of at least 25 years on the applicant’s
  780  request based on the anticipated life of the facility if there
  781  is sufficient data to provide reasonable assurance that the
  782  conditions for permit issuance will be met for the duration of
  783  the permit; otherwise, a permit may be issued for a shorter
  784  duration that reflects the longest period for which such
  785  reasonable assurances are provided. The permittee shall provide
  786  a compliance report every 5 years during the term of the permit
  787  as required in subsection (4).
  788         (7)(a)The Legislature finds that the need for alternative
  789  water supply development projects to meet the anticipated public
  790  water supply demands of the state is so important that it is
  791  essential to encourage participation in and contribution to such
  792  projects by private rural landowners who characteristically have
  793  relatively modest near-term water demands but substantially
  794  increasing demands after the 20-year horizon in s. 373.0361. If
  795  landowners make extraordinary contributions of lands or
  796  construction funding to enable the expeditious implementation
  797  for such projects, the governing boards of water management
  798  districts and the department may grant permits for such projects
  799  for a period of up to 50 years to municipalities, counties,
  800  special districts, regional water supply authorities,
  801  multijurisdictional water supply entities, and publicly owned or
  802  privately owned utilities that have entered into an agreement
  803  with the private landowner for the purpose of more efficiently
  804  pursuing alternative public water supply development projects
  805  that are identified in a district’s regional water supply plan
  806  and that meet the water demands of both the applicant and the
  807  landowner. This paragraph does not apply to any foregoing entity
  808  created for or by a private landowner after April 1, 2008.
  809         (b)A permit issued pursuant to paragraph (a) shall be
  810  granted only during the period of time for which there is
  811  sufficient data to provide reasonable assurance that the
  812  conditions of issuance will be met. Such permit shall require a
  813  compliance report by the permittee every 5 years during the term
  814  of the permit. The report shall contain sufficient data to
  815  maintain reasonable assurance that the conditions for permit
  816  issuance applicable at the time of district review of the
  817  compliance report are met. Following review of this report, the
  818  water management district or the department may modify the
  819  permit to ensure that the use meets the conditions for issuance.
  820  This subsection does not limit the existing authority of the
  821  department or the governing board to modify or revoke a
  822  consumptive use permit.
  823         Section 14. Subsection (4) of section 373.243, Florida
  824  Statutes, is amended to read:
  825         373.243 Revocation of permits.—The governing board or the
  826  department may revoke a permit as follows:
  827         (4) For nonuse of the water supply allowed by the permit
  828  for a period of 2 years or more, the governing board or the
  829  department may revoke the permit permanently and in whole unless
  830  the user can prove that his or her nonuse was due to extreme
  831  hardship caused by factors beyond the user’s control. For a
  832  permit with a duration determined under s. 373.236(6), the
  833  governing board or the department has such revocation authority
  834  only if the nonuse of the water supply allowed by the permit is
  835  for a period of 4 years or more.
  836         Section 15. Sections 373.465 and 373.466, Florida Statutes
  837  are repealed.
  838         Section 16. This act shall take effect upon becoming a law.