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
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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
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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
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