Senate Bill 2562c1

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                  CS for SB's 2562 & 1836

    By the Committee on Natural Resources and Senators Laurent,
    Brown-Waite and Latvala




    312-2130-98

  1                      A bill to be entitled

  2         An act relating to water management districts;

  3         amending s. 373.421, F.S.; authorizing the use

  4         of a Global Positioning System in conducting

  5         surveys of wetlands; amending s. 373.536, F.S.;

  6         requiring the Executive Office of the Governor

  7         to present recommendations for water management

  8         district program priorities and legislation to

  9         the Legislature; providing that the Legislature

10         shall adopt or modify program priorities for

11         water management district budgets; providing

12         that the districts shall incorporate these

13         program priorities in developing their budgets;

14         providing that the Executive Office of the

15         Governor shall determine whether each

16         district's budget is consistent with the

17         applicable program priorities; providing that

18         the Executive Office of the Governor shall

19         disapprove those portions of a water management

20         district's budget that are determined to be

21         inconsistent with applicable program

22         priorities; creating s. 373.0835, F.S.;

23         creating the Independent Public Fiscal Office

24         to provide fiscal oversight of each water

25         management district on behalf of the people of

26         the state; providing protection for employees

27         of the water management districts and

28         independent contractors; providing an effective

29         date.

30

31  Be It Enacted by the Legislature of the State of Florida:

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                  CS for SB's 2562 & 1836
    312-2130-98




  1         Section 1.  Subsection (8) is added to section 373.421,

  2  Florida Statutes, to read:

  3         373.421  Delineation methods; formal determinations.--

  4         (8)  Whenever a survey or certified survey of

  5  delineated wetland boundaries is required for any purpose

  6  under this chapter, the survey may be performed by

  7  conventional methods of land surveying or by use of a Global

  8  Positioning System (GPS). When a GPS is used in the survey,

  9  the equipment must provide for submeter or less accuracy and

10  must be operated by, or under the supervision of, a registered

11  land surveyor licensed in this state or by an individual

12  specifically trained in the use of the make, type, and model

13  of the GPS equipment being employed. Presence of the

14  registered surveyor's seal and signature constitutes proof

15  that the survey was conducted by or under the supervision of a

16  registered land surveyor licensed in this state. A survey of

17  wetland boundaries using GPS which is conducted in accordance

18  with this section is not an approximate wetland delineation

19  for purposes of the rules adopted under subsection (2).

20         Section 2.  Subsection (6) is added to section 373.536,

21  Florida Statutes, to read:

22         373.536  District budget and hearing thereon.--

23         (6)(a)  For water management district fiscal year

24  1999-2000 and each fiscal year thereafter, the Legislature

25  shall statutorily adopt or modify program priorities for water

26  management district budgets. The Executive Office of the

27  Governor shall present to the Legislature by February 1, 1999,

28  and annually thereafter, recommended program priorities for

29  water management districts and recommended legislation to

30  statutorily adopt or modify program priorities for water

31  management budgets for the coming fiscal year. The program

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                  CS for SB's 2562 & 1836
    312-2130-98




  1  priorities may vary for each district and shall be based on

  2  the statutorily mandated programs and activities of the

  3  districts and the particular needs within each district in the

  4  four areas of responsibility as listed in paragraph (5)(a).

  5         (b)  Beginning in fiscal year 1999-2000, and annually

  6  thereafter, each water management district shall incorporate

  7  the applicable program priorities in the development of its

  8  budget.

  9         (c)  As part of its review of water management district

10  budgets pursuant to this section, the Executive Office of the

11  Governor shall determine whether each district's budget is

12  consistent with the applicable program priorities. In

13  determining whether a district's budget is consistent with the

14  applicable program priorities, the Executive Office of the

15  Governor shall consider comments on or objections to the

16  proposed budget by the public and members of the Legislature,

17  including comments and objections submitted by the chairs of

18  the House and Senate appropriations committees pursuant to

19  paragraph (5)(d); and the district's need to address natural

20  disasters, other unforeseen circumstances, or issues of

21  substantial concern to the citizens of the region. By

22  September 15, 1999, and annually thereafter, the Executive

23  Office of the Governor shall notify in writing the President

24  of the Senate, the Speaker of the House of Representatives,

25  and the chairs of the substantive and fiscal committees having

26  jurisdiction over water management district activities as to

27  all determinations made pursuant to this subsection.

28         (d)  Based on the authority granted the Executive

29  Office of the Governor to approve or disapprove, in whole or

30  in part, the budget of each water management district in

31  paragraph (5)(a), and in accordance with the specific

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                  CS for SB's 2562 & 1836
    312-2130-98




  1  processes outlined in paragraph (5)(b), the Executive Office

  2  of the Governor shall disapprove those portions of a water

  3  management district's budget that it determines, under

  4  paragraph (c), are inconsistent with the applicable program

  5  priorities.

  6         Section 3.  Section 373.0835, Florida Statutes, is

  7  created to read:

  8         373.0835  Independent Public Fiscal Office.--

  9         (1)  There is created the Independent Public Fiscal

10  Office as part of the Joint Legislative Auditing Committee. It

11  is the duty of the office to provide fiscal oversight of each

12  water management district on behalf of the people of the

13  state. The fiscal staff employed by the office shall work with

14  the employees of the water management districts, analyze the

15  programs and expenditures of each district, examine all

16  internal audit reports, and make recommendations to the

17  governing board of each district about programs and

18  expenditures that are unnecessary or exceed the district's

19  authority as delegated by the Legislature.

20         (2)  The committee shall employ staff to work in the

21  main administrative office of each water management district

22  as follows:

23         (a)  South Florida Water Management District, two

24  full-time employees.

25         (b)  Southwest Florida Water Management District, two

26  full-time employees.

27         (c)  Northwest Florida Water Management District, one

28  full-time employee.

29         (d)  Suwannee River Water Management District, one

30  full-time employee.

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                  CS for SB's 2562 & 1836
    312-2130-98




  1         (e)  St. Johns River Water Management District, one

  2  full-time employee.

  3         (3)  Water management districts and independent

  4  contractors for the districts are prohibited from taking

  5  retaliatory action against any employee who discloses

  6  information to an employee of the Independent Public Fiscal

  7  Office about any program or expenditure that is unnecessary or

  8  exceeds the water management district's authority as delegated

  9  by the Legislature.

10         Section 4.  This act shall take effect October 31,

11  1998.

12

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                         SB 2562 and 1836

15

16  The committee substitute includes all the provisions of SB
    2562 and SB 1836 and also includes provisions that:
17
    -    Amend s. 373.421, F.S., to provide that whenever a survey
18       or certified survey of delineated wetland boundaries is
         required for any purpose under ch. 373, F.S., the survey
19       may be performed by conventional methods of land
         surveying or by use of a Global Positioning System (GPS).
20       When a GPS is used in the survey, the equipment must
         provide for submeter or less accuracy and must be
21       operated by, or under the supervision of, a registered
         land surveyor licensed in Florida or by an individual
22       specifically trained in the use of the make, type, and
         model of the GPS equipment being employed.  The presence
23       of the registered surveyor's seal and signature
         constitutes proof that the survey was conducted by or
24       under the supervision of a Florida-licensed registered
         land surveyor.  A survey of wetland boundaries using GPS
25       which is conducted in accordance with s. 373.421, F.S.,
         is not an approximate wetland delineation for purposes of
26       the rules adopted under s. 373.421(2), F.S.

27  -    Require the Executive Office of the Governor to present
         to the Legislature by February 1, 1999, and annually
28       thereafter, recommended program priorities for water
         management districts and recommended legislation to
29       statutorily adopt or modify program priorities for water
         management budgets for the coming fiscal year.
30
    The effective date of the bill is October 31, 1998.
31

                                  5