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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: 26 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.-- 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1379 535-169-97 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 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1379 535-169-97 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 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1379 535-169-97 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. 7 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 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1379 535-169-97 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 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1379 535-169-97 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. 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1379 535-169-97 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. 10 11 ***************************************** 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. 22 23 24 25 26 27 28 29 30 31 7