CODING: Words stricken are deletions; words underlined are additions.House Bill 1379
Florida House of Representatives - 1997 HB 1379
By Representative Stabins
1 A bill to be entitled
2 An act relating to water management; amending
3 s. 373.073, F.S.; providing for a pilot project
4 establishing additional guidelines for
5 appointment to a water management district
6 governing board; amending s. 373.079, F.S.;
7 requiring the appointment of district executive
8 directors by the Governor; providing for duties
9 and training of water management district
10 employees; authorizing the employment of an
11 ombudsman; requiring reconfirmation of district
12 executive directors every 4 years; amending s.
13 373.139, F.S.; authorizing the use of land for
14 multiple purposes; amending s. 373.501, F.S.;
15 exempting water management districts from
16 implementing unfunded delegated programs and
17 responsibilities; creating s. 373.537, F.S.;
18 establishing a cap on water management district
19 millage rates; creating the Water Management
20 District Employee Compensation Study
21 Commission; requiring a report to the Governor
22 and the Legislature; providing an effective
23 date.
24
25 Be It Enacted by the Legislature of the State of Florida:
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27 Section 1. Paragraph (a) of subsection (1) and
28 subsection (2) of section 373.073, Florida Statutes, are
29 amended to read:
30 373.073 Governing board.--
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1 (1)(a) The governing board of each water management
2 district shall be composed of 9 members who shall reside
3 within the district, except that the Southwest Florida Water
4 Management District shall be composed of 11 members who shall
5 reside within the district. The term of office of members of
6 the board shall be 4 years and shall be construed to commence
7 on March 2 preceding the date of appointment and to terminate
8 March 1 of the year of the end of a term. Members of the
9 governing boards continued under this chapter shall be
10 appointed from the district at large as vacancies occur on the
11 governing boards. Such vacancies shall be filled according to
12 the residency requirements of paragraph (b) and subsection
13 (2).
14 (2)(a) In addition to the residency requirements for
15 the governing boards in subsection (1), the Department of
16 Environmental Protection shall initiate a pilot project in one
17 of the water management districts to provide that members of
18 the governing board must be appointed so that the interests of
19 agricultural users, urban users, private or public water
20 supply entities, and other public interests are specifically
21 represented on the governing board. The pilot project
22 governing board must also include a member with experience in
23 hydrogeology, a member with experience in engineering, and a
24 member with experience in finance and economics. The
25 department shall report to the President of the Senate and the
26 Speaker of the House of Representatives on the results of the
27 pilot project as soon as feasible.
28 (b) Members of the governing boards shall be appointed
29 by the Governor, subject to confirmation by the Senate at the
30 next regular session of the Legislature, and the refusal or
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1 failure of the Senate to confirm an appointment shall create a
2 vacancy in the office to which the appointment was made.
3 Section 2. Paragraph (a) of subsection (4) and
4 subsection (5) of section 373.079, Florida Statutes, are
5 amended to read:
6 373.079 Members of governing board; oath of office;
7 staff.--
8 (4)(a) The governing board of the district shall
9 recommend three persons to be executive director of the
10 district, and the Governor shall appoint one of those three
11 persons as the executive director. The executive director
12 shall serve at the pleasure of the Governor, and the governing
13 board may recommend termination to the Governor. The
14 appointment of the executive director must be confirmed by the
15 Senate and is subject to reconfirmation by the Senate every 4
16 years. The governing board of the district is authorized to
17 employ an ombudsman executive director and such engineers,
18 other professional persons, and other personnel and assistants
19 as it deems necessary and under such terms and conditions as
20 it may determine and to terminate such employment. The
21 governing board should establish training programs to provide
22 district staff with both technical and practical understanding
23 of agricultural production practices within the district. The
24 appointment of an executive director must be initially
25 confirmed by the Florida Senate. The governing board may
26 delegate all or part of its authority under this paragraph to
27 the executive director.
28 (5) The governing board may employ a legal staff for
29 the purposes of:
30 (a) Providing legal counsel to the governing board on
31 matters relating to the exercise of its powers and duties and
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1 to the executive director and district staff on matters
2 relating to day-to-day operations of the district;
3 (b) Representing it in all proceedings of an
4 administrative or judicial nature; and
5 (c) Otherwise assisting in the administration of the
6 provisions of this chapter.
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8 Attorneys employed by the district must represent the legal
9 interest or position of the governing board.
10 Section 3. Subsection (4) of section 373.139, Florida
11 Statutes, 1996 Supplement, is amended to read:
12 373.139 Acquisition of real property.--
13 (4) The governing board of the district may purchase
14 tax certificates or tax deeds issued in accordance with
15 chapter 197 relating to property eligible for purchase under
16 this section. Except when prohibited by a covenant or
17 condition described in s. 373.056(2), lands owned, managed,
18 and controlled by the district may be used for multiple
19 purposes, including, but not limited to, agriculture,
20 silviculture, and water supply, as well as boating and other
21 recreational uses.
22 Section 4. Section 373.501, Florida Statutes, is
23 amended to read:
24 373.501 Appropriation of funds to water management
25 districts.--The department may allocate to the water
26 management districts, from funds appropriated to the
27 department, such sums as may be deemed necessary to defray the
28 costs of the administrative, regulatory, and other activities
29 of the districts. The governing boards of the water management
30 districts have the prerogative and the responsibility to
31 determine the priority and the extent to which local funding
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1 is appropriate and available to accommodate legislatively
2 mandated statewide programs. The governing boards shall submit
3 annual budget requests for such purposes to the department,
4 and the department shall consider such budgets in preparing
5 its budget request for the Legislature. The Legislature shall
6 support the priority water policies and programs of the state
7 by providing state funding or alternative revenue-source
8 funding to the districts to implement those priorities. The
9 districts are exempt from implementing new or expanded water
10 resource programs and regulatory responsibilities enacted by
11 the Legislature or delegated to the districts by the
12 department which are not accompanied by state funding or other
13 alternative revenue-source funding.
14 Section 5. Section 373.537, Florida Statutes, is
15 created to read:
16 373.537 Cap on district revenue.--Notwithstanding any
17 provisions of law to the contrary, beginning in tax year 1998,
18 the maximum total millage rate that may be levied for district
19 and basin purposes is the "rolled-back" rate computed under s.
20 200.065(1) as part of the yearly district budgeting process
21 under this part.
22 Section 6. The Legislature finds that there currently
23 exists actual or perceived differences in the salaries of
24 certain water management employees and the salaries of other
25 state employees performing the same or similar job functions.
26 The Legislature further finds that section 373.079(4) and (5),
27 Florida Statutes, provide the governing boards significant
28 discretion in determining the compensation of its employees.
29 Section 7. (1) There is created the Water Management
30 District Employee Compensation Study Commission, consisting of
31 15 members, to review the issue identified in section 4 and to
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1 prepare a report to the Governor, the President of the Senate,
2 and the Speaker of the House of Representatives by January 1,
3 1998, which presents the commission's findings and, if
4 necessary, provides recommendations to remedy any actual or
5 perceived discrepancies between the salaries of state
6 employees and employees of the water management districts.
7 The Governor, the President of the Senate, and the Speaker of
8 the House of Representatives shall each appoint five members.
9 Each appointing authority shall appoint two members from
10 professions that are closely related to water management
11 activities, such as hydrologists, geologists, and civil
12 engineers; and one member who has substantial expertise in
13 personnel and management relations. The Governor shall appoint
14 one member who is an elected municipal officer of a
15 municipality of less than 50,000 in population and one member
16 who is an elected county officer of a county of less than
17 100,000 in population. The President of the Senate shall
18 appoint two members of the Senate. The Speaker of the House
19 of Representatives shall appoint two members of the House of
20 Representatives. Each appointing authority shall consider
21 ethnic and gender balance in addition to particular expertise
22 when making appointments.
23 (2) Each member may receive per diem and expenses for
24 travel, as provided in section 112.061, Florida Statutes,
25 while carrying out official business of the commission.
26 (3) The commission shall be staffed by an executive
27 director and other personnel who are appointed by the
28 commission and who are exempt from part II of chapter 110,
29 Florida Statutes, relating to the Career Service System. The
30 commission may employ staff and consultants as necessary to
31 fulfill its responsibilities.
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1 (4) The commission is assigned, for administrative
2 purposes, to the Joint Legislative Management Committee within
3 the Legislature.
4 (5) Appointments must be made by July 1, 1997, and the
5 commission's first meeting must be held by August 31, 1997.
6 The commission shall continue to exist until January 1, 1998.
7 A chairman shall be designated by the Governor.
8 Section 8. This act shall take effect upon becoming a
9 law.
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12 SENATE SUMMARY
13 Directs the Department of Environmental Protection to
start a pilot project in one water management district
14 implementing additional guidelines for appointment to a
water management district governing board. Directs the
15 Governor to appoint the executive director of a water
management district from three persons recommended by the
16 governing board of the district. Requires Senate
reconfirmation of the executive director of a water
17 management district every 4 years. Provides for the
duties and training of district employees. Authorizes the
18 employment of an ombudsman by each district. Authorizes
the use of water management district land for multiple
19 purposes. Exempts districts from implementing any
unfunded delegated programs and responsibilities.
20 Establishes a cap on district millage rates. Creates the
Water Management District Employee Compensation Study
21 Commission and requires it to report its findings to the
Governor and the Legislature.
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