CODING: Words stricken are deletions; words underlined are additions.House Bill 0715
Florida House of Representatives - 1997 HB 715
By Representative Laurent
1 A bill to be entitled
2 An act relating to water resources; amending s.
3 373.016, F.S.; revising legislative policy;
4 providing construction and application;
5 creating s. 373.0421, F.S.; requiring certain
6 considerations in establishment and
7 implementation of minimum flows and levels;
8 providing for implementation of recovery or
9 prevention strategies; amending s. 373.0693,
10 F.S.; correcting a cross reference; amending s.
11 373.073, F.S.; revising procedure for
12 appointment of members to the water management
13 district governing boards; providing a
14 timetable; amending s. 373.079, F.S.; revising
15 procedure for appointment of district executive
16 directors; providing respective authority of
17 the Governor and governing boards; authorizing
18 employment of governing board ombudsmen;
19 revising duties of governing board legal staff;
20 creating s. 373.0831, F.S.; specifying
21 governing board responsibilities for
22 development of water resources; amending s.
23 373.223, F.S.; providing a requirement in
24 considering authorization to transport ground
25 or surface water under a permit for consumptive
26 use of water; amending s. 373.236, F.S.;
27 revising provisions relating to duration of
28 consumptive use permits; requiring compliance
29 reports and permit modification, under certain
30 circumstances; amending s. 373.507, F.S.;
31 revising provisions relating to district and
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1 basin audits, budgets, and expense reports;
2 requiring districts to furnish copies of
3 documents to specified entities and to respond
4 to comments; amending s. 373.536, F.S.;
5 providing requirements for notice and
6 advertisement of district budget hearings and
7 workshops; providing requirements for budget
8 identification of administrative and operating
9 expenses; revising requirements for submittal
10 of tentative budgets; repealing s. 373.0735,
11 F.S., relating to appointment of members to the
12 governing board of the Southwest Florida Water
13 Management District; providing effective dates.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsection (2) of section 373.016, Florida
18 Statutes, is amended to read:
19 373.016 Declaration of policy.--
20 (2) It is further declared to be the policy of the
21 Legislature:
22 (a) To provide for the management of water and related
23 land resources;
24 (b) To promote the conservation, replenishment,
25 recapture, enhancement, development, and proper utilization of
26 surface and ground water;
27 (c) To develop and regulate dams, impoundments,
28 reservoirs, and other works and to provide water storage for
29 beneficial purposes;
30
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1 (d) To promote the availability of sufficient water
2 for all existing and future reasonable-beneficial uses and the
3 environment;
4 (e)(d) To prevent damage from floods, soil erosion,
5 and excessive drainage;
6 (f)(e) To minimize degradation of water resources
7 caused by the discharge of stormwater;
8 (g)(f) To preserve natural resources, fish, and
9 wildlife;
10 (h)(g) To promote the public policy set forth in s.
11 403.021;
12 (i)(h) To promote recreational development, protect
13 public lands, and assist in maintaining the navigability of
14 rivers and harbors; and
15 (j)(i) Otherwise to promote the health, safety, and
16 general welfare of the people of this state.
17
18 In implementing this chapter, the department and the governing
19 board shall construe and apply the policies in this subsection
20 as a whole, and no specific policy is to be construed or
21 applied in isolation from the other policies in this
22 subsection.
23 Section 2. Section 373.0421, Florida Statutes, is
24 created to read:
25 373.0421 Establishment and implementation of minimum
26 flows and levels.--
27 (1) When establishing minimum flows and levels
28 pursuant to s. 373.042, the department or governing board
29 shall consider changes and structural alterations to
30 watersheds, surface waters, and aquifers and the effects such
31 changes or alterations have had, and the constraints such
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1 changes or alterations have placed, on the hydrology of an
2 affected watercourse, surface water body, or groundwaters.
3 (2) If the existing flow or level in a water body is
4 below, or is projected to fall below, the applicable minimum
5 flow or level established pursuant to s. 373.042, the
6 department or governing board shall implement a recovery or
7 prevention strategy, which includes the development of
8 additional water supplies and other actions, consistent with
9 the authority granted by this chapter, to:
10 (a) Achieve recovery to the established minimum flow
11 or level as soon as practicable; or
12 (b) Prevent the existing flow or level from falling
13 below the established minimum flow or level.
14
15 The recovery or prevention strategy shall include phasing or a
16 timetable that will allow the development of sufficient water
17 supplies for all existing and projected reasonable-beneficial
18 uses, including new traditional or alternative water supplies,
19 and implementation of conservation and other efficiency
20 measures, concurrent with any reductions in permitted
21 withdrawals. Nothing in this subsection shall be construed to
22 limit or require reductions in permitted water use.
23 (3) The provisions of this section are supplemental to
24 any other specific requirements or authority provided by law.
25 Nothing in this section shall be construed to limit or require
26 water resource restoration.
27 Section 3. Paragraph (a) of subsection (8) of section
28 373.0693, Florida Statutes, is amended to read:
29 373.0693 Basins; basin boards.--
30 (8)(a) At 11:59 p.m. on June 30, 1988, the area
31 transferred from the Southwest Florida Water Management
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1 District to the St. Johns River Water Management District by
2 change of boundaries pursuant to chapter 76-243, Laws of
3 Florida, shall cease to be a subdistrict or basin of the St.
4 Johns River Water Management District known as the Oklawaha
5 River Basin and said Oklawaha River Basin shall cease to
6 exist. However, any recognition of an Oklawaha River Basin or
7 an Oklawaha River Hydrologic Basin for regulatory purposes
8 shall be unaffected. The area formerly known as the Oklawaha
9 River Basin shall continue to be part of the St. Johns River
10 Water Management District. There shall be established by the
11 governing board of the St. Johns River Water Management
12 District the Oklawaha River Basin Advisory Council to receive
13 public input and advise the St. Johns River Water Management
14 District's governing board on water management issues
15 affecting the Oklawaha River Basin. The Oklawaha River Basin
16 Advisory Council shall be appointed by action of the St. Johns
17 River Water Management District's governing board and shall
18 include one representative from each county which is wholly or
19 partly included in the Oklawaha River Basin. The St. Johns
20 River Water Management District's governing board member
21 currently serving pursuant to s. 373.073(2)(c)3.
22 373.073(1)(b)3.c., shall serve as chair of the Oklawaha River
23 Basin Advisory Council. Members of the Oklawaha River Basin
24 Advisory Council shall receive no compensation for their
25 services but are entitled to be reimbursed for per diem and
26 travel expenses as provided in s. 112.061.
27 Section 4. Section 373.073, Florida Statutes, is
28 amended to read:
29 373.073 Governing board.--
30 (1)(a) The governing board of each water management
31 district shall be composed of 9 members who shall reside
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1 within the district, except that the Southwest Florida Water
2 Management District shall be composed of 11 members who shall
3 reside within the district. Members of the governing boards
4 shall be appointed by the Governor, subject to confirmation by
5 the Senate at the next regular session of the Legislature, and
6 the refusal or failure of the Senate to confirm an appointment
7 creates a vacancy in the office to which the appointment was
8 made. The term of office for a governing board member is 4
9 years and commences on March 2 of the year in which the
10 appointment is made and terminates on March 1 of the 4th
11 calendar year of the term. Terms of office of governing board
12 members shall be staggered to help maintain consistency and
13 continuity in the exercise of governing board duties and to
14 minimize disruption in district operations. The term of
15 office of members of the board shall be 4 years and shall be
16 construed to commence on March 2 preceding the date of
17 appointment and to terminate March 1 of the year of the end of
18 a term. Members of the governing boards continued under this
19 chapter shall be appointed from the district at large as
20 vacancies occur on the governing boards. Such vacancies shall
21 be filled according to the residency requirements of paragraph
22 (b).
23 (b) Commencing January 1, 1999, the Governor shall
24 appoint the following number of governing board members in
25 each year of the Governor's 4-year term of office:
26 1. In the first year of the Governor's term of office,
27 the Governor shall appoint three members to the governing
28 board of each district.
29 2. In the second year of the Governor's term of
30 office, the Governor shall appoint three members of the
31 governing board to the Southwest Florida Water Management
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1 District and two members to the governing board of each other
2 district.
3 3. In the third year of the Governor's term of office,
4 the Governor shall appoint three members to the governing
5 board of the Southwest Florida Water Management District and
6 two members to the governing board of each other district.
7 4. In the fourth year of the Governor's term of
8 office, the Governor shall appoint two members to the
9 governing board of each district.
10
11 For any governing board vacancy that occurs before the date
12 scheduled for the office to be filled under this paragraph,
13 the Governor shall appoint a person meeting residency
14 requirements of subsection (2) for a term that will expire on
15 the date scheduled for the term of that office to terminate
16 under this subsection. In addition to the residency
17 requirements for the governing boards as provided by
18 subsection (2), the Governor shall consider appointing
19 governing board members to represent an equitable
20 cross-section of regional interests and technical expertise.
21 (2)(b) Notwithstanding the provisions of any other
22 general or special law to the contrary, vacancies in the
23 governing boards of the water management districts shall be
24 filled according to the following residency requirements,
25 representing areas designated by the United States Water
26 Resources Council in United States Geological Survey, River
27 Basin and Hydrological Unit Map of Florida--1975, Map Series
28 No. 72:
29 (a)1. Northwest Florida Water Management District:
30 1.a. One member shall reside in the area generally
31 designated as the "Perdido River Basin-Perdido Bay Coastal
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1 Area-Lower Conecuh River-Escambia River Basin" hydrologic
2 units and that portion of the "Escambia Bay Coastal Area"
3 hydrologic unit which lies west of Pensacola Bay and Escambia
4 Bay.
5 2.b. One member shall reside in the area generally
6 designated as the "Blackwater River Basin-Yellow River
7 Basin-Choctawhatchee Bay Coastal Area" hydrologic units and
8 that portion of the "Escambia Bay Coastal Area" hydrologic
9 unit which lies east of Pensacola Bay and Escambia Bay.
10 3.c. One member shall reside in the area generally
11 designated as the "Choctawhatchee River Basin-St. Andrews Bay
12 Coastal Area" hydrologic units.
13 4.d. One member shall reside in the area generally
14 designated as the "Lower Chattahoochee-Apalachicola
15 River-Chipola River Basin-Coastal Area between Ochlockonee
16 River Apalachicola Rivers-Apalachicola Bay coastal area and
17 offshore islands" hydrologic units.
18 5.e. One member shall reside in the area generally
19 designated as the "Ochlockonee River Basin-St. Marks and
20 Wakulla Rivers and coastal area between Aucilla and
21 Ochlockonee River Basin" hydrologic units.
22 6.f. Four members shall be appointed at large, except
23 that no county shall have more than two members on the
24 governing board.
25 (b)2. Suwannee River Water Management District:
26 1.a. One member shall reside in the area generally
27 designated as the "Aucilla River Basin" hydrologic unit.
28 2.b. One member shall reside in the area generally
29 designated as the "Coastal Area between Suwannee and Aucilla
30 Rivers" hydrologic unit.
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1 3.c. One member shall reside in the area generally
2 designated as the "Withlacoochee River Basin-Alapaha River
3 Basin-Suwannee River Basin above the Withlacoochee River"
4 hydrologic units.
5 4.d. One member shall reside in the area generally
6 designated as the "Suwannee River Basin below the
7 Withlacoochee River excluding the Santa Fe River Basin"
8 hydrologic unit.
9 5.e. One member shall reside in the area generally
10 designated as the "Santa Fe Basin-Waccasassa River and coastal
11 area between Withlacoochee and Suwannee River" hydrologic
12 units.
13 6.f. Four members shall be appointed at large, except
14 that no county shall have more than two members on the
15 governing board.
16 (c)3. St. Johns River Water Management District:
17 1.a. One member shall reside in the area generally
18 designated as the "St. Mary River Basin-Coastal area between
19 St. Marys and St. Johns Rivers" hydrologic units.
20 2.b. One member shall reside in the area generally
21 designated as the "St. Johns River Basin below Oklawaha
22 River-Coastal area between the St. Johns River and Ponce de
23 Leon Inlet" hydrologic units.
24 3.c. One member shall reside in the area generally
25 designated as the "Oklawaha River Basin" hydrologic unit.
26 4.d. One member shall reside in the area generally
27 designated as the "St. Johns River Basin above the Oklawaha
28 River" hydrologic unit.
29 5.e. One member shall reside in the area generally
30 designated as the "Coastal area between Ponce de Leon Inlet
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1 and Sebastian Inlet-Coastal area Sebastian Inlet to St. Lucie
2 River" hydrologic units.
3 6.f. Four members shall be appointed at large, except
4 that no county shall have more than two members on the
5 governing board.
6 (d)4. South Florida Water Management District:
7 1.a. Two members shall reside in Dade County.
8 2.b. One member shall reside in Broward County.
9 3.c. One member shall reside in Palm Beach County.
10 4.d. One member shall reside in Collier County, Lee
11 County, Hendry County, or Charlotte County.
12 5.e. One member shall reside in Glades County,
13 Okeechobee County, Highlands County, Polk County, Orange
14 County, or Osceola County.
15 6.f. Two members, appointed at large, shall reside in
16 an area consisting of St. Lucie, Martin, Palm Beach, Broward,
17 Dade, and Monroe Counties.
18 7.g. One member, appointed at large, shall reside in
19 an area consisting of Collier, Lee, Charlotte, Hendry, Glades,
20 Osceola, Okeechobee, Polk, Highlands, and Orange Counties.
21 8.h. No county shall have more than three members on
22 the governing board.
23 (e)5. Southwest Florida Water Management District:
24 1.a. Two members shall reside in Hillsborough County.
25 2.b. One member shall reside in the area consisting of
26 Hillsborough and Pinellas Counties.
27 3.c. Two members shall reside in Pinellas County.
28 4.d. One member shall reside in Manatee County.
29 5.e. One member shall reside in Polk County.
30 6.f. One member shall reside in Pasco County.
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1 7.g. One member shall be appointed at large from Levy,
2 Marion, Citrus, Sumter, Hernando, and Lake Counties.
3 8.h. One member shall be appointed at large from
4 Sarasota, Hardee, DeSoto, Charlotte, and Highlands Counties.
5 9.i. One member shall be appointed at large from Levy,
6 Marion, Citrus, Sumter, Hernando, Lake, Sarasota, Hardee,
7 DeSoto, Charlotte, and Highlands Counties.
8
9 No county described in subparagraph 7., subparagraph 8., or
10 subparagraph 9. sub-subparagraphs g., h., or i. shall have
11 more than one member on the governing board.
12 (2) Members of the governing boards shall be appointed
13 by the Governor, subject to confirmation by the Senate at the
14 next regular session of the Legislature, and the refusal or
15 failure of the Senate to confirm an appointment shall create a
16 vacancy in the office to which the appointment was made.
17 Section 5. Paragraph (a) of subsection (4) and
18 subsection (5) of section 373.079, Florida Statutes, are
19 amended to read:
20 373.079 Members of governing board; oath of office;
21 staff.--
22 (4)(a) From among three recommendations by the
23 governing board, the Governor shall appoint an executive
24 director. The executive director shall serve at the pleasure
25 of the Governor and is responsible for communicating regularly
26 with the governing board, the department, and the Governor
27 regarding water resources issues. The initial appointment of
28 an executive director must be confirmed by the Senate. The
29 governing board of the district is authorized to direct the
30 daily activities of the executive director and to employ an
31 ombudsman executive director and such engineers, other
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1 professional persons, and other personnel and assistants as it
2 deems necessary and under such terms and conditions as it may
3 determine and to terminate such employment. In the case of the
4 executive director, the governing board may recommend
5 termination to the Governor. The appointment of an executive
6 director must be initially confirmed by the Florida Senate.
7 The governing board may delegate all or part of its authority
8 under this paragraph to the executive director.
9 (5) The governing board may employ a legal staff for
10 the purposes of:
11 (a) Providing legal counsel to the governing board on
12 matters relating to the exercise of its powers and duties and
13 to the executive director and district staff on matters
14 relating to the day-to-day operations of the district;
15 (b) Representing it in all proceedings of an
16 administrative or judicial nature; and
17 (c) Otherwise assisting in the administration of the
18 provisions of this chapter.
19
20 Attorneys employed by the district must represent the legal
21 interest or position of the governing board.
22 Section 6. Section 373.0831, Florida Statutes, is
23 created to read:
24 373.0831 Water resources development; responsibilities
25 of governing boards.--In order to ensure sufficient water is
26 available for all existing and future reasonable-beneficial
27 uses and the environment, and to avoid the adverse effects of
28 competition for water supplies, the governing board shall have
29 the following responsibilities for water resources
30 development:
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1 (1) Formulate and implement regional water resources
2 development strategies and programs.
3 (2) Collect data and conduct research as necessary to
4 improve the use of surface and ground water resources for
5 water supply purposes.
6 (3) Implement nonstructural programs to protect and
7 manage water resources.
8 (4) Provide for the construction, operation, and
9 maintenance of major public works facilities for
10 replenishment, recapture, storage, and enhancement of the
11 surface and ground water resources of the district.
12 (5) Encourage and promote the development of new
13 technology, including demonstration projects, to maximize the
14 reasonable-beneficial use of surface and ground water
15 resources consistent with law.
16 (6) Cooperate with and assist public and private
17 utilities, regional water supply authorities, and public
18 service corporations in the development of water supply
19 delivery systems.
20 Section 7. Subsection (2) of section 373.223, Florida
21 Statutes, is amended to read:
22 373.223 Conditions for a permit.--
23 (2) The governing board or the department may
24 authorize the holder of a use permit to transport and use
25 ground or surface water beyond overlying land, across county
26 boundaries, or outside the watershed from which it is taken if
27 the governing board or department determines that such
28 transport and use is consistent with the public interest, and
29 no local government shall adopt or enforce any law, ordinance,
30 rule, regulation, or order to the contrary. When evaluating
31 whether such a potential transport of ground or surface water
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1 is consistent with the public interest, the governing board or
2 department shall consider:
3 (a) The proximity of the proposed source of water to
4 the area in which it is to be used or applied.
5 (b) Other environmentally, economically, and
6 technically feasible alternatives to the source being
7 proposed, including, but not limited to, desalination, reuse,
8 stormwater, and aquifer storage and recovery.
9 Section 8. Section 373.236, Florida Statutes, is
10 amended to read:
11 373.236 Duration of permits.--
12 (1) Permits shall may be granted for a any period of
13 time not exceeding 20 years if there is sufficient data to
14 provide reasonable assurance that the conditions for permit
15 issuance will be met for the duration of the permit; otherwise
16 permits may be issued for shorter durations which reflect the
17 period for which such reasonable assurances can be provided.
18 The governing board or the department may base the duration of
19 permits on a reasonable system of classification according to
20 source of supply or type of use, or both.
21 (2) The governing board or the department may
22 authorize a permit of duration of up to 50 years in the case
23 of a municipality or other governmental body or of a public
24 works or public service corporation where such a period is
25 required to provide for the retirement of bonds for the
26 construction of waterworks and waste disposal facilities.
27 (3) Where necessary to maintain reasonable assurance
28 that the conditions for permit issuance can continue to be
29 met, the governing board or department may require a
30 compliance report by the permittee every 10 years during the
31 term of a permit. This report shall contain sufficient data
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1 to maintain reasonable assurance that the initial conditions
2 for permit issuance are met. Following review of this report,
3 the governing board or the department may modify the permit to
4 ensure that the use meets the conditions for issuance. Permit
5 modifications pursuant to this subsection shall not be subject
6 to competing applications, provided there is no increase in
7 the permitted allocation or permit duration.
8 Section 9. Section 373.507, Florida Statutes, is
9 amended to read:
10 373.507 Districts and basins; postaudits, budgets,
11 basins, and taxing authorities; budget and expense reports;
12 audits.--
13 (1) Each district and basin referred to in this
14 chapter must shall furnish a detailed copy of its budget and
15 past year's expenditures to the Governor, the Legislature, and
16 the governing body of each county in which the district or
17 basin has jurisdiction or derives any funds for the operations
18 of the district or basin.
19 (2) Each district and basin referred to in this
20 chapter must, basin, and taxing authority shall make provision
21 for an annual postaudit of its financial accounts. The
22 postaudit must These postaudits shall be made in accordance
23 with the rules of the Auditor General adopted under
24 promulgated pursuant to ss. 166.241 and 11.47.
25 (3)(a) Each district referred to in this chapter must
26 furnish copies of the following documents to the Governor, the
27 President of the Senate, the Speaker of the House of
28 Representatives, the chairs of all legislative committees and
29 subcommittees with substantive or appropriations jurisdiction
30 over districts, the secretary of the department, and the
31 governing body of each county in which the district has
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1 jurisdiction or derives any funds for the operations of the
2 district:
3 1. The tentative budget.
4 2. The adopted budget.
5 3. The past year's expenditures.
6 4. The postaudit described in subsection (2).
7 (b) The documents must be furnished by the earlier of
8 10 days following completion of each document or as otherwise
9 provided by law.
10 (c) If any entity in paragraph (a) provides written
11 comments to the district regarding any document furnished, the
12 district must respond to the comments in writing and furnish
13 copies of the comments and written responses to the other
14 entities.
15 Section 10. Subsections (1) and (3), and paragraph (c)
16 of subsection (5), of section 373.536, Florida Statutes, 1996
17 Supplement, are amended to read:
18 373.536 District budget and hearing thereon.--
19 (1) The fiscal year of districts created under the
20 provisions of this chapter shall extend from October 1 of one
21 year through September 30 of the following year. The budget
22 officer of the district shall, on or before July 15 of each
23 year, submit for consideration by the governing board of the
24 district a tentative budget for the district covering its
25 proposed operation and requirements for the ensuing fiscal
26 year. Unless alternative notice requirements are otherwise
27 provided by law, notice of all budget hearings conducted by
28 the governing board or district staff must be published in a
29 newspaper of general circulation in each county in which the
30 district lies not less than 5 days nor more than 15 days
31 before the hearing. Budget workshops conducted for the public
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1 and not governed by s. 200.065 must be advertised in a
2 newspaper of general circulation in the community or area in
3 which the workshop will occur not less than 5 days nor more
4 than 15 days before the workshop. The tentative budget shall
5 be adopted in accordance with the provisions of s. 200.065;
6 however, if the mailing of the notice of proposed property
7 taxes is delayed beyond September 3 in any county in which the
8 district lies, the district shall advertise its intention to
9 adopt a tentative budget and millage rate, pursuant to s.
10 200.065(3)(g), in a newspaper of general paid circulation in
11 that county. The budget shall set forth, classified by object
12 and purpose, and by fund if so designated, the proposed
13 expenditures of the district for bonds or other debt, for
14 construction, for acquisition of land, for operation and
15 maintenance of the district works, for the conduct of the
16 affairs of the district generally, and for other purposes, to
17 which may be added an amount to be held as a reserve. District
18 administrative and operating expenses must be identified in
19 the budget and allocated among district activities and
20 programs in proportion to the time, personnel, and resources
21 devoted to the specific activity or program.
22 (3) As provided in s. 200.065(2)(d), the board shall
23 publish one or more notices of its intention to finally adopt
24 a budget for the district for the ensuing fiscal year. The
25 notice shall appear adjacent to an advertisement which shall
26 set forth the tentative budget in full. The notice and
27 advertisement shall be published in one or more newspapers
28 having a combined general circulation in the counties having
29 land in the district. Districts may include explanatory
30 phrases and examples in budget advertisements published under
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1 s. 200.065 to clarify or illustrate the effect that the
2 district budget may have on ad valorem taxes.
3 (5)
4 (c) Each water management district shall, by August 1
5 5 of each year, submit for review a tentative budget to the
6 Governor, the President of the Senate, the Speaker of the
7 House of Representatives, the chairs of all legislative
8 committees and subcommittees with substantive or
9 appropriations jurisdiction over water management districts,
10 the secretary of the department, and the governing body of
11 each county in which the district has jurisdiction or derives
12 any funds for the operations of the district. The tentative
13 budget, which must include to the Department of Environmental
14 Protection, the Executive Office of the Governor, and the
15 chairs of the appropriations committees of the Legislature for
16 review a tentative budget that includes, but is not limited
17 to, the following information for the preceding fiscal year
18 and the current fiscal year, and the proposed amounts for the
19 upcoming fiscal year, in a standard format prescribed by the
20 Executive Office of the Governor department which is generally
21 consistent with the format prescribed by legislative budget
22 instructions for state agencies and the format requirements of
23 s. 216.031:
24 1. The millage rates and the percentage increase above
25 the rolled-back rate, together with a summary of the reasons
26 the increase is required, and the percentage increase in
27 taxable value resulting from new construction;
28 2. For each program area, the salary and benefits,
29 expenses, operating capital outlay, number of authorized
30 positions, and other personal services;
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1 3. A description of each new, expanded, reduced, or
2 eliminated program;
3 4. A 5-year capital improvements plan; and
4 5. The funding sources, including, but not limited to,
5 ad valorem taxes, Surface Water Improvement and Management
6 Program funds, other state funds, federal funds, and user fees
7 and permit fees for each program area.
8 Section 11. Effective January 1, 1999, section
9 373.0735, Florida Statutes, is hereby repealed.
10 Section 12. Except as otherwise provided herein, this
11 act shall take effect October 1, 1997.
12
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14 HOUSE SUMMARY
15
Provides additional legislative policy relating to water
16 resources, and provides for construction and application
of such policy as a whole. Requires consideration of
17 hydrologic effects when establishing minimum flows and
levels, and provides for implementation of recovery or
18 prevention strategies. Revises procedure for appointment
of water management district governing boards. Revises
19 authority of the Governor and governing boards with
respect to executive directors. Authorizes each governing
20 board to employ an ombudsman. Requires legal staff to
provide counsel to the governing board, executive
21 director, and district staff, and to represent the legal
interest of the governing board. Specifies
22 responsibilities of the governing boards for water
resources development. Specifies considerations in
23 evaluating whether authorizing transport of ground or
surface water is in the public interest. Requires
24 issuance of 20-year permits for consumptive use of water
when permit conditions are reasonably assured for that
25 duration. Provides for periodic compliance reports and
modification of permits, under certain conditions.
26 Revises provisions relating to district and basin audits,
budgets, and expense reports, and requires districts to
27 furnish copies of documents to specified entities and to
respond, in writing, to comments. Provides requirements
28 relating to district budgets, hearings thereon, notice
and advertisements thereof, and tentative budget
29 submittals. See bill for details.
30
31
19