House Bill 4559e1

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                                          HB 4559, First Engrossed



  1                      A bill to be entitled

  2         An act relating to water management districts;

  3         amending s. 373.536, F.S.; providing that the

  4         Legislature shall statutorily adopt or modify

  5         program priorities for water management

  6         district budgets; providing that the districts

  7         shall incorporate these program priorities in

  8         developing their budgets; providing that the

  9         Executive Office of the Governor shall

10         determine whether each district's budget is

11         consistent with the applicable program

12         priorities; providing that the Executive Office

13         of the Governor shall disapprove those portions

14         of a water management district's budget that

15         are determined to be inconsistent with

16         applicable program priorities; amending s.

17         373.421, F.S.; allowing for use of Global

18         Positioning Systems in wetlands surveys;

19         providing an effective date.

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

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23         Section 1.  Subsection (6) is added to section 373.536,

24  Florida Statutes, to read:

25         373.536  District budget and hearing thereon.--

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

27  1999-2000 and each fiscal year thereafter, the Legislature

28  shall statutorily adopt or modify program priorities for water

29  management district budgets.  The program priorities may vary

30  for each district and shall be based on the statutorily

31  mandated programs and activities of the districts and the


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                                          HB 4559, First Engrossed



  1  particular needs within each district in the four areas of

  2  responsibility as listed in paragraph (5)(a).

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

  4  thereafter, each water management district shall incorporate

  5  the applicable program priorities in the development of its

  6  budget.

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

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

  9  Governor shall determine whether each district's budget is

10  consistent with the applicable program priorities.  In

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

12  applicable program priorities, the Executive Office of the

13  Governor shall take into consideration comments on or

14  objections to the proposed budget by the public and members of

15  the Legislature, including comments and objections submitted

16  by the chairs of the House and Senate appropriations

17  committees pursuant to paragraph (5)(d), and the district's

18  need to address natural disasters, other unforeseen

19  circumstances, or issues of substantial concern to the

20  citizens of the region. By September 15, 1999, and annually

21  thereafter, the Executive Office of the Governor shall notify

22  in writing the President of the Senate, the Speaker of the

23  House of Representatives, and the chairs of the substantive

24  and fiscal committees having jurisdiction over water

25  management district activities as to all determinations made

26  pursuant to this subsection.

27         (d)  Based on the authority granted the Executive

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

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

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

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


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                                          HB 4559, First Engrossed



  1  of the Governor shall disapprove those portions of a water

  2  management district's budget that it determines, under

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

  4  priorities.

  5         Section 2.  Subsection (8) of Section 373.421, Florida

  6  Statutes, is created to read:

  7         373.421  Delineation methods; formal determinations.--

  8         Whenever a survey or certified survey of delineated

  9  wetland boundaries is required for any purpose pursuant to

10  this chapter, the survey may be performed by conventional

11  methods of land surveying or by use of a Global Positioning

12  System (GPS).  When a GPS is used in the survey, the equipment

13  must provide for submeter or less accuracy and be operated by

14  or under the supervision of a registered land surveyor

15  licensed in the State of Florida, or by an individual

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

17  the GPS equipment being employed.  Presence of the registered

18  surveyor's seal and signature shall constitute proof that the

19  survey was conducted by or under the supervision of a

20  registered land surveyor licensed in Florida.  A GPS survey of

21  wetland boundaries which has been conducted in accordance with

22  this section shall not be considered an approximate wetland

23  delineation under rules promulgated pursuant to Section

24  373.421(2).

25         Section 3.  This act shall take effect October 31,

26  1998.

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