SENATE AMENDMENT
Bill No. CS for CS for SB 2120
Amendment No. ___ Barcode 945142
CHAMBER ACTION
Senate House
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11 Senator Bronson moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Paragraph (k) is added to subsection (2) of
18 section 373.1961, Florida Statutes, to read:
19 373.1961 Water production.--
20 (2) The Legislature finds that, due to a combination
21 of factors, vastly increased demands have been placed on
22 natural supplies of fresh water, and that, absent increased
23 development of alternative water supplies, such demands may
24 increase in the future. The Legislature also finds that
25 potential exists in the state for the production of
26 significant quantities of alternative water supplies,
27 including reclaimed water, and that water production includes
28 the development of alternative water supplies, including
29 reclaimed water, for appropriate uses. It is the intent of
30 the Legislature that utilities develop reclaimed water
31 systems, where reclaimed water is the most appropriate
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Amendment No. ___ Barcode 945142
1 alternative water supply option, to deliver reclaimed water to
2 as many users as possible through the most cost-effective
3 means, and to construct reclaimed water system infrastructure
4 to their owned or operated properties and facilities where
5 they have reclamation capability. It is also the intent of the
6 Legislature that the water management districts which levy ad
7 valorem taxes for water management purposes should share a
8 percentage of those tax revenues with water providers and
9 users, including local governments, water, wastewater, and
10 reuse utilities, municipal, industrial, and agricultural water
11 users, and other public and private water users, to be used to
12 supplement other funding sources in the development of
13 alternative water supplies. The Legislature finds that public
14 moneys or services provided to private entities for such uses
15 constitute public purposes which are in the public interest.
16 In order to further the development and use of alternative
17 water supply systems, including reclaimed water systems, the
18 Legislature provides the following:
19 (k) The Florida Public Service Commission shall allow
20 entities under its jurisdiction constructing alternative water
21 supply facilities, including but not limited to aquifer
22 storage and recovery wells, to recover the full, prudently
23 incurred cost of such facilities through their rate structure.
24 Every component of an alternative water supply facility
25 constructed by an investor-owned utility shall be recovered in
26 current rates.
27 Section 2. Subsection (4) of section 373.083, Florida
28 Statutes, is amended to read:
29 373.083 General powers and duties of the governing
30 board.--In addition to other powers and duties allowed it by
31 law, the governing board is authorized to:
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Amendment No. ___ Barcode 945142
1 (4) Solicit and accept donations or grants of funds or
2 services from both public and private sources for the planning
3 and implementation of district undertakings and delegations,
4 including, but not limited to, projects, programs, works, and
5 studies.
6 Section 3. Subsection (4) of section 373.093, Florida
7 Statutes, is created to read:
8 373.093 Lease of lands or interest in land and
9 personal property.--The governing board of the district may
10 lease any lands or interest in land, including but not limited
11 to oil and mineral rights, to which the district has acquired
12 title, or to which it may hereafter acquire title in the
13 following manner, as long as the lease is consistent with the
14 purposes for which the lands or any interest in land was
15 acquired:
16 (4) The governing board of the district may lease
17 existing communications towers and other similar structures
18 which the district owns or which it may hereafter acquire, for
19 the best price and terms obtainable, to be determined by the
20 board.
21 Section 4. Section 373.608, Florida Statutes, is
22 created to read:
23 373.608 Patents, copyrights, and trademarks.--Each
24 district may, in its own name:
25 (1) Perform all things necessary to secure letters of
26 patent, copyrights, and trademarks on any work products of the
27 district and enforce its rights therein. Each district shall
28 consider contributions by district personnel in the
29 development of trademarks, copyrights, and patents and shall
30 enter into written contracts with such personnel in each
31 trademark, copyright, or patent.
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1 (2) License, lease, assign, or otherwise give written
2 consent to any person, firm, or corporation for the
3 manufacture or use of such district work products, on a
4 royalty basis or for such other consideration as the
5 applicable governing board shall deem proper.
6 (3) Take any action necessary, including legal action,
7 to protect such district work products against improper or
8 unlawful use or infringement.
9 (4) Enforce the collection of any sums due to the
10 district for the manufacture or use of such district work
11 products by other party.
12 (5) Sell any of such district work products and
13 execute all instruments necessary to consummate any such sale.
14 (6) Do all other acts necessary and proper for the
15 execution of powers and duties conferred upon the districts by
16 this section, including adopting rules, as necessary, in order
17 to administer this section.
18 Section 5. Section 373.610, Florida Statutes, is
19 created to read:
20 373.610 Defaulting vendors and contractors.--The
21 district may suspend a contractor on a temporary or permanent
22 basis, from doing work with the district if such contractor
23 has materially breached its contract with the district. The
24 district shall adopt rules to administer the provisions of
25 this section to specify the circumstances and conditions that
26 constitute a materially breached contract and conditions that
27 constitute the period for temporary or permanent suspension
28 and for reinstatement.
29 Section 6. Section 373.611, Florida Statutes, is
30 created to read:
31 373.611 Modification or limitation of remedy.--In
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1 order to promote the cost-effective procurement of commodities
2 and contractual services by the water management districts, a
3 district may enter into contracts to limit or alter the
4 measure of damages recoverable from a vendor consistent with
5 the provisions contained in s. 672.719.
6 Section 7. Subsection (7) of section 373.0693, Florida
7 Statutes, is amended to read:
8 373.0693 Basins; basin boards.--
9 (7) At 11:59 p.m. on December 31, 1976, the Manasota
10 Watershed Basin of the Ridge and Lower Gulf Coast Water
11 Management District, which is annexed to the Southwest Florida
12 Water Management District by change of its boundaries pursuant
13 to chapter 76-243, Laws of Florida, shall be formed into a
14 subdistrict or basin of the Southwest Florida Water Management
15 District, subject to the same provisions as the other basins
16 in such district. Such subdistrict shall be designated
17 initially as the Manasota Basin. The members of the governing
18 board of the Manasota Watershed Basin of the Ridge and Lower
19 Gulf Coast Water Management District shall become members of
20 the governing board of the Manasota Basin of the Southwest
21 Florida Water Management District. Notwithstanding other
22 provisions in this section, beginning on July 1, 2001, the
23 membership of the Manasota Basin Board shall be comprised of
24 three members from Manatee County and three members from
25 Sarasota County. Matters relating to tie votes shall be
26 resolved pursuant to subsection (6) by the ex officio chair
27 designated by the governing board to vote in case of a tie
28 vote.
29 Section 8. Paragraph (a) of subsection (1) of section
30 73.015, Florida Statutes, is amended to read:
31 73.015 Presuit negotiation.--
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1 (1) Effective July 1, 2000, before an eminent domain
2 proceeding is brought under this chapter or chapter 74, the
3 condemning authority must attempt to negotiate in good faith
4 with the fee owner of the parcel to be acquired, must provide
5 the fee owner with a written offer and, if requested, a copy
6 of the appraisal upon which the offer is based, and must
7 attempt to reach an agreement regarding the amount of
8 compensation to be paid for the parcel.
9 (a) No later than the time the initial written or oral
10 offer of compensation for acquisition is made to the fee
11 owner, At the inception of negotiation for acquisition, the
12 condemning authority must notify the fee owner of the
13 following:
14 1. That all or a portion of his or her property is
15 necessary for a project.
16 2. The nature of the project for which the parcel is
17 considered necessary, and the parcel designation of the
18 property to be acquired.
19 3. That, within 15 business days after receipt of a
20 request by the fee owner, the condemning authority will
21 provide a copy of the appraisal report upon which the offer to
22 the fee owner is based; copies, to the extent prepared, of the
23 right-of-way maps or other documents that depict the proposed
24 taking; and copies, to the extent prepared, of the
25 construction plans that depict project improvements to be
26 constructed on the property taken and improvements to be
27 constructed adjacent to the remaining property, including, but
28 not limited to, plan, profile, cross-section, drainage, and
29 pavement marking sheets, and driveway connection detail. The
30 condemning authority shall provide any additional plan sheets
31 within 15 days of request.
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Amendment No. ___ Barcode 945142
1 4. The fee owner's statutory rights under ss. 73.091
2 and 73.092, or alternatively provide copies of these
3 provisions of law.
4 5. The fee owner's rights and responsibilities under
5 paragraphs (b) and (c) and subsection (4), or alternatively
6 provide copies of these provisions of law.
7 Section 9. Subsections (1) and (3) of section 270.11,
8 Florida Statutes, are amended to read:
9 270.11 Contracts for sale of public lands to reserve
10 certain mineral rights; prohibition on exercise of right of
11 entry in certain cases.--
12 (1) Unless the applicable agency chooses not to
13 reserve such interest and except Except as otherwise provided
14 by law, in all contracts and deeds for the sale of land
15 executed by the Board of Trustees of the Internal Improvement
16 Trust Fund or by any local government, water management
17 district, or other agency of the state, there shall be
18 reserved for such local government, water management district,
19 other agency of the state, or the board of trustees and its
20 successors an undivided three-fourths interest in, and title
21 in and to an undivided three-fourths interest in, all the
22 phosphate, minerals, and metals that are or may be in, on, or
23 under the said land and an undivided one-half interest in all
24 the petroleum that is or may be in, on, or under said land
25 with the privilege to mine and develop the same.
26 (3) A local government, water management district, or
27 agency of the state may, at its discretion, sell or release
28 such reserved interest in any parcel of land, except that such
29 sale or release shall be made upon petition of the purchaser
30 for such interest and with upon submission by the local
31 government, water management district, or agency of the state
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1 which owns the parcel of a statement of reasons justifying
2 such sale or release.
3 Section 10. Subsection (4) of section 373.056, Florida
4 Statutes, is amended to read:
5 373.056 State agencies, counties, drainage districts,
6 municipalities, or governmental agencies or public
7 corporations authorized to convey or receive land from water
8 management districts.--
9 (4) Any water management district within this chapter
10 shall have authority to convey or lease to any governmental
11 entity, other agency described herein or to the United States
12 Government, including its agencies, land or rights in land
13 owned by such district not required for its purposes under
14 such terms and conditions as the governing board of such
15 district may determine. In addition to other general law
16 authorizing the grant of utility easements, any water
17 management district may grant utility easements on land owned
18 by such district to any private or public utility for the
19 limited purpose of obtaining utility service to district
20 property under such terms and conditions as the governing
21 board of such district may determine.
22 Section 11. Section 373.096, Florida Statutes, is
23 amended to read:
24 373.096 Releases.--The governing board of the district
25 may release any canal easement, reservation or right-of-way
26 interests, conveyed to it for which it has no present or
27 apparent future use under terms and conditions determined by
28 the board.
29 Section 12. Subsection (2) of section 373.093, Florida
30 Statutes, is amended to read:
31 373.093 Lease of lands or interest in land.--The
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Amendment No. ___ Barcode 945142
1 governing board of the district may lease any lands or
2 interest in land, including but not limited to oil and mineral
3 rights, to which the district has acquired title, or to which
4 it may hereafter acquire title in the following manner, as
5 long as the lease is consistent with the purposes for which
6 the lands or any interest in land was acquired:
7 (2) Before leasing any land, or interest in land
8 including but not limited to oil and mineral rights, the
9 district shall cause a notice of intention to lease to be
10 published in a newspaper published in the county in which said
11 land is situated and such other places as the board may
12 determine once each week for 3 successive weeks (three
13 insertions being sufficient), the first publication of which
14 shall be not less than 30 nor more than 90 45 days prior to
15 the date the board executes the any lease, which said notice
16 shall set forth the time and place of leasing and a
17 description of the lands to be leased.
18 Section 13. Subsection (2) and paragraph (a) of
19 subsection (3) of section 373.139, Florida Statutes, are
20 amended to read:
21 373.139 Acquisition of real property.--
22 (2) The governing board of the district is empowered
23 and authorized to acquire in fee or less than fee title to
24 real property, and easements and other interests or rights
25 therein, by purchase, gift, devise, lease, eminent domain, or
26 otherwise for flood control, water storage, water management,
27 conservation and protection of water resources, aquifer
28 recharge, water resource and water supply development, and
29 preservation of wetlands, streams, and lakes. Eminent domain
30 powers may be used only for acquiring real property for flood
31 control and water storage or for curing title defects or
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1 encumbrances to real property owned by the district or to be
2 acquired by the district from a willing seller.
3 (3) The initial 5-year work plan and any subsequent
4 modifications or additions thereto shall be adopted by each
5 water management district after a public hearing. Each water
6 management district shall provide at least 14 days' advance
7 notice of the hearing date and shall separately notify each
8 county commission within which a proposed work plan project or
9 project modification or addition is located of the hearing
10 date.
11 (a) Title information, Appraisal reports, offers, and
12 counteroffers are confidential and exempt from the provisions
13 of s. 119.07(1) until an option contract is executed or, if no
14 option contract is executed, until 30 days before a contract
15 or agreement for purchase is considered for approval by the
16 governing board. However, each district may, at its
17 discretion, disclose appraisal reports to private landowners
18 during negotiations for acquisitions using alternatives to fee
19 simple techniques, if the district determines that disclosure
20 of such reports will bring the proposed acquisition to
21 closure. In the event that negotiation is terminated by the
22 district, the title information, appraisal report, offers, and
23 counteroffers shall become available pursuant to s. 119.07(1).
24 Notwithstanding the provisions of this section and s. 259.041,
25 a district and the Division of State Lands may share and
26 disclose title information, appraisal reports, appraisal
27 information, offers, and counteroffers when joint acquisition
28 of property is contemplated. A district and the Division of
29 State Lands shall maintain the confidentiality of such title
30 information, appraisal reports, appraisal information, offers,
31 and counteroffers in conformance with this section and s.
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1 259.041, except in those cases in which a district and the
2 division have exercised discretion to disclose such
3 information. A district may disclose appraisal information,
4 offers, and counteroffers to a third party who has entered
5 into a contractual agreement with the district to work with or
6 on the behalf of or to assist the district in connection with
7 land acquisitions. The third party shall maintain the
8 confidentiality of such information in conformance with this
9 section. In addition, a district may use, as its own,
10 appraisals obtained by a third party provided the appraiser is
11 selected from the district's list of approved appraisers and
12 the appraisal is reviewed and approved by the district.
13 Section 14. Section 373.1401, Florida Statutes, is
14 amended to read:
15 373.1401 Management of lands of water management
16 districts.--In addition to provisions contained in s.
17 373.1391(1) for soil and water conservation districts, the The
18 governing board of each water management district may contract
19 with a non-governmental person or entity, any federal or state
20 agency, a county, a municipality, or any other governmental
21 entity, or environmental nonprofit organization to provide for
22 the improvement, management, or maintenance of any real
23 property owned by or under the control of the district.
24 Section 15. Paragraph (a) of subsection (6) of section
25 374.984, Florida Statutes, is amended to read:
26 374.984 Purpose; powers and duties.--It is the purpose
27 and intent of this act that the board perform and do all
28 things which shall be requisite and necessary to comply with
29 the requirements and conditions imposed upon a "local
30 interest" by the Congress of the United States in the several
31 acts authorizing and directing the improvement and maintenance
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Amendment No. ___ Barcode 945142
1 of the Intracoastal Waterway from St. Mary's River to the
2 southernmost boundary of Dade County. Said acts include but
3 are not limited to: the Rivers and Harbors Act approved
4 January 21, 1927, as amended by the River and Harbor Act
5 approved July 3, 1930; the River and Harbor Act of June 20,
6 1938; and s. 107 of the Federal River and Harbor Act of 1960.
7 Pursuant thereto, the powers of the board shall include, but
8 not be limited to:
9 (6)(a) Contracting directly for, or entering into
10 agreement from time to time with the district engineer of the
11 Jacksonville, Florida, United States Army Corps of Engineers
12 district, or other agency or party duly authorized
13 representative of the United States, to contribute toward the
14 cost of dredging performed on the waterway by the United
15 States, to construct retaining bulkheads, dikes, and levees,
16 to construct ditches for the control of water discharged by
17 the dredges, and to do all other work and/or things which, in
18 the judgment of the board, shall be proper and necessary to
19 produce economies in meeting the conditions with respect to
20 right-of-way and dredged material management areas imposed
21 upon a "local interest" by the Congress of the United States
22 in the several acts authorizing and directing the improvement,
23 navigability, and maintenance of the Intracoastal Waterway
24 from St. Mary's River to the southernmost boundary of Dade
25 County.
26 Section 16. Section 110.152, Florida Statutes, is
27 amended to read:
28 110.152 Adoption benefits for state or water
29 management district employees; parental leave.--
30 (1)(a) Any full-time or part-time employee of the
31 state who is paid from regular salary appropriations and or of
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1 a water management district who adopts a special-needs child,
2 as defined in paragraph (b), is eligible to receive a monetary
3 benefit in the amount of $10,000 per child, $5,000 of which is
4 payable in equal monthly installments over a 2-year period.
5 Any employee of the state or of a water management district
6 who adopts a child whose permanent custody has been awarded to
7 the Department of Children and Family Services or to a
8 Florida-licensed child-placing agency, other than a
9 special-needs child as defined in paragraph (b), shall be
10 eligible to receive a monetary benefit in the amount of $5,000
11 per child, $2,000 of which is payable in equal monthly
12 installments over a 2-year period. Benefits paid under this
13 subsection to a part-time employee must be prorated based on
14 the employee's full-time-equivalency status at the time of
15 applying for the benefits.
16 (b) For purposes of this section, a "special-needs
17 child" is a child whose permanent custody has been awarded to
18 the Department of Children and Family Services or to a
19 Florida-licensed child-placing agency and who is not likely to
20 be adopted because he or she is:
21 1. Eight years of age or older.
22 2. A person with a developmental disability.
23 3. A person with a physical or emotional handicap.
24 4. Of a minority race or of a racially mixed heritage.
25 5. A member of a sibling group of any age, provided
26 that two or more members of a sibling group remain together
27 for the purposes of adoption.
28 (2) An employee of the state or of a water management
29 district who adopts a special-needs child must apply to his or
30 her agency head to obtain the monetary benefit provided in
31 subsection (1). Applications must be on forms approved by the
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1 department and must include a certified copy of the final
2 order of adoption naming the applicant as the adoptive parent.
3 (3) Nothing in this section shall affect the right of
4 any state employee who adopts a special-needs child to receive
5 financial aid for adoption expenses pursuant to s. 409.166 or
6 any other statute that provides financial incentives for the
7 adoption of children.
8 (4) Any employee of the state or of a water management
9 district who has a child placed in the custody of the employee
10 for adoption, and who continues to reside in the same
11 household as the child placed for adoption, shall be granted
12 parental leave for a period not to exceed 6 months as provided
13 in s. 110.221.
14 Section 17. Section 110.15201, Florida Statutes, is
15 amended to read:
16 110.15201 Adoption benefits for state or water
17 management district employees; rulemaking authority.--The
18 Department of Management Services may adopt rules to
19 administer the provisions of this act. Such rules may provide
20 for an application process such as, but not limited to, an
21 open-enrollment period during which employees may apply for
22 monetary benefits as provided in s. 110.152(1).
23 Section 18. Paragraph (c) of subsection (2) of section
24 215.32, Florida Statutes, is amended to read:
25 215.32 State funds; segregation.--
26 (2) The source and use of each of these funds shall be
27 as follows:
28 (c)1. The Budget Stabilization Fund shall consist of
29 amounts equal to at least 5 percent of net revenue collections
30 for the General Revenue Fund during the last completed fiscal
31 year. The Budget Stabilization Fund's principal balance shall
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1 not exceed an amount equal to 10 percent of the last completed
2 fiscal year's net revenue collections for the General Revenue
3 Fund. As used in this paragraph, the term "last completed
4 fiscal year" means the most recently completed fiscal year
5 prior to the regular legislative session at which the
6 Legislature considers the General Appropriations Act for the
7 year in which the transfer to the Budget Stabilization Fund
8 must be made under this paragraph.
9 2. By September 15 of each year, the Governor shall
10 authorize the Comptroller to transfer, and the Comptroller
11 shall transfer pursuant to appropriations made by law, to the
12 Budget Stabilization Fund the amount of money needed for the
13 balance of that fund to equal the amount specified in
14 subparagraph 1., less any amounts expended and not restored.
15 The moneys needed for this transfer may be appropriated by the
16 Legislature from any funds.
17 3. Unless otherwise provided in this subparagraph, an
18 expenditure from the Budget Stabilization Fund must be
19 restored pursuant to a restoration schedule that provides for
20 making five equal annual transfers from the General Revenue
21 Fund, beginning in the fiscal year following that in which the
22 expenditure was made. For any Budget Stabilization Fund
23 expenditure, the Legislature may establish by law a different
24 restoration schedule and such change may be made at any time
25 during the restoration period. Moneys are hereby appropriated
26 for transfers pursuant to this subparagraph.
27 4. The Budget Stabilization Fund and the Working
28 Capital Fund may be used as revolving funds for transfers as
29 provided in s. 18.125; however, any interest earned must be
30 deposited in the General Revenue Fund.
31 5. The Comptroller and the Department of Management
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1 Services shall transfer funds to water management districts to
2 pay eligible water management district employees for all
3 benefits due under s. 373.6065, as long as funds remain
4 available for the program described under s. 100.152.
5 Section 19. Section 373.6065, Florida Statutes, is
6 created to read:
7 373.6065 Adoption benefits for water management
8 district employees.--
9 (1) Any employee of a water management district is
10 eligible to receive monetary benefits for child adoption to
11 the same extent as is an employee of the state, as described
12 in s. 110.152. The employee shall apply for such benefits
13 pursuant to s. 110.15201
14 (2) The Comptroller and the Department of Management
15 Services shall transfer funds to water management districts to
16 pay eligible water management district employees for these
17 child adoption monetary benefits in accordance with s.
18 215.32(1)(c)5., as long as funds remain available for the
19 program described under s. 110.152.
20 (3) Parental leave for eligible water management
21 district employees shall be provided according to the policies
22 and procedures of the individual water management district in
23 existence at the time eligibility is determined.
24 (4) Each water management district shall develop means
25 of implementing these monetary adoption benefits for water
26 management district employees, consistent with its current
27 practices. Water management district rules, policies,
28 guidelines, or procedures so implemented will remain valid and
29 enforceable as long as they do not conflict with the express
30 terms of s. 110.152.
31 Section 20. Section 373.536, Florida Statutes, is
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1 amended to read:
2 373.536 District budget and hearing thereon.--
3 (1) FISCAL YEAR.--The fiscal year of districts created
4 under the provisions of this chapter shall extend from October
5 1 of one year through September 30 of the following year.
6 (2) BUDGET SUBMITTAL.--The budget officer of the
7 district shall, on or before July 15 of each year, submit for
8 consideration by the governing board of the district a
9 tentative budget for the district covering its proposed
10 operations operation and funding requirements for the ensuing
11 fiscal year.
12 (3) BUDGET HEARINGS AND WORKSHOPS; NOTICE.--
13 (a) Unless alternative notice requirements are
14 otherwise provided by law, notice of all budget hearings
15 conducted by the governing board or district staff must be
16 published in a newspaper of general paid circulation in each
17 county in which the district lies not less than 5 days nor
18 more than 15 days before the hearing.
19 (b) Budget workshops conducted for the public and not
20 governed by s. 200.065 must be advertised in a newspaper of
21 general paid circulation in the community or area in which the
22 workshop will occur not less than 5 days nor more than 15 days
23 before the workshop.
24 (c) The tentative budget shall be adopted in
25 accordance with the provisions of s. 200.065; however, if the
26 mailing of the notice of proposed property taxes is delayed
27 beyond September 3 in any county in which the district lies,
28 the district shall advertise its intention to adopt a
29 tentative budget and millage rate, pursuant to s.
30 200.065(3)(g), in a newspaper of general paid circulation in
31 that county. The budget shall set forth, classified by object
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1 and purpose, and by fund if so designated, the proposed
2 expenditures of the district for bonds or other debt, for
3 construction, for acquisition of land, for operation and
4 maintenance of the district works, for the conduct of the
5 affairs of the district generally, and for other purposes, to
6 which may be added an amount to be held as a reserve. District
7 administrative and operating expenses must be identified in
8 the budget and allocated among district programs.
9 (2) The budget shall also show the estimated amount
10 which will appear at the beginning of the fiscal year as
11 obligated upon commitments made but uncompleted. There shall
12 be shown the estimated unobligated or net balance which will
13 be on hand at the beginning of the fiscal year, and the
14 estimated amount to be raised by district taxes and from other
15 sources for meeting the requirements of the district.
16 (d)(3) As provided in s. 200.065(2)(d), the board
17 shall publish one or more notices of its intention to finally
18 adopt a final budget for the district for the ensuing fiscal
19 year. The notice shall appear adjacent to an advertisement
20 that sets which shall set forth the tentative budget in a
21 format meeting the budget summary requirements of s.
22 129.03(3)(b) in full. The district shall not include
23 expenditures of federal special revenues and state special
24 revenues when preparing the statement required by s.
25 200.065(3)(l). The notice and advertisement shall be published
26 in one or more newspapers having a combined general paid
27 circulation in each county the counties having land in which
28 the district lies. Districts may include explanatory phrases
29 and examples in budget advertisements published under s.
30 200.065 to clarify or illustrate the effect that the district
31 budget may have on ad valorem taxes.
18
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SENATE AMENDMENT
Bill No. CS for CS for SB 2120
Amendment No. ___ Barcode 945142
1 (e)(4) The hearing for adoption of to finally adopt a
2 final budget and millage rate shall be by and before the
3 governing board of the district as provided in s. 200.065 and
4 may be continued from day to day until terminated by the
5 board.
6 (4) BUDGET CONTROLS.--
7 (a) The final adopted budget for the district will
8 thereupon be the operating and fiscal guide for the district
9 for the ensuing year; however, transfers of funds may be made
10 within the budget by action of the governing board at a public
11 meeting of the governing board.
12 (b) The district shall control its budget, at a
13 minimum, by funds and shall provide to the Executive Office of
14 the Governor a description of its budget control mechanisms.
15 (c) Should the district receive unanticipated funds
16 after the adoption of the final budget, the final budget may
17 be amended by including such funds, so long as notice of
18 intention to amend is published in the notice of the governing
19 board meeting at which the amendment will be considered,
20 pursuant to s. 120.525 one time in one or more newspapers
21 qualified to accept legal advertisements having a combined
22 general circulation in the counties in the district. The
23 notice shall set forth a summary of the proposed amendment and
24 shall be published at least 10 days prior to the public
25 meeting of the board at which the proposed amendment is to be
26 considered. However, in the event of a disaster or of an
27 emergency arising to prevent or avert the same, the governing
28 board shall not be limited by the budget but shall have
29 authority to apply such funds as may be available therefor or
30 as may be procured for such purpose.
31 (5) TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW
19
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SENATE AMENDMENT
Bill No. CS for CS for SB 2120
Amendment No. ___ Barcode 945142
1 AND APPROVAL.--
2 (a) The Executive Office of the Governor is authorized
3 to approve or disapprove, in whole or in part, the budget of
4 each water management district and shall analyze each budget
5 as to the adequacy of fiscal resources available to the
6 district and the adequacy of district expenditures related to
7 water supply, including water resource development projects
8 identified in the district's regional water supply plans;
9 water quality; flood protection and floodplain management; and
10 natural systems. This analysis shall be based on the
11 particular needs within each water management district in
12 those four areas of responsibility.
13 (b) The Executive Office of the Governor and the water
14 management districts shall develop a process to facilitate
15 review and communication regarding water management district
16 budgets, as necessary. Written disapproval of any provision
17 in the tentative budget must be received by the district at
18 least 5 business days prior to the final district budget
19 adoption hearing conducted under s. 200.065(2)(d). If written
20 disapproval of any portion of the budget is not received at
21 least 5 business days prior to the final budget adoption
22 hearing, the governing board may proceed with final adoption.
23 Any provision rejected by the Governor shall not be included
24 in a district's final budget.
25 (c) Each water management district shall, by August 1
26 of each year, submit for review a tentative budget to the
27 Governor, the President of the Senate, the Speaker of the
28 House of Representatives, the chairs of all legislative
29 committees and subcommittees with substantive or fiscal
30 jurisdiction over water management districts, as determined by
31 the President of the Senate or Speaker of the House of
20
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SENATE AMENDMENT
Bill No. CS for CS for SB 2120
Amendment No. ___ Barcode 945142
1 Representatives as applicable, the secretary of the
2 department, and the governing body of each county in which the
3 district has jurisdiction or derives any funds for the
4 operations of the district.
5 (d) The tentative budget must set forth the proposed
6 expenditures of the district, to which may be added an amount
7 to be held as reserve. The tentative budget must include, but
8 is not limited to, the following information for the preceding
9 fiscal year and the current fiscal year, and the proposed
10 amounts for the upcoming fiscal year, in a standard format
11 prescribed by the Executive Office of the Governor which is
12 generally consistent with the format prescribed by legislative
13 budget instructions for state agencies and the format
14 requirements of s. 216.031:
15 1. The estimated amount of funds remaining at the
16 beginning of the fiscal year which have been obligated for the
17 payment of outstanding commitments not yet completed.
18 2. The estimated amount of unobligated funds or net
19 cash balance on hand at the beginning of the fiscal year, and
20 the estimated amount of funds to be raised by district taxes
21 or received from other sources to meet the requirements of the
22 district.
23 3. The millage rates and the percentage increase above
24 the rolled-back rate, together with a summary of the reasons
25 the increase is required, and the percentage increase in
26 taxable value resulting from new construction within the
27 district.;
28 4.2. The salaries salary and benefits, expenses,
29 operating capital outlay, number of authorized positions, and
30 other personal services for the following program areas of the
31 district, including a separate section for lobbying,
21
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SENATE AMENDMENT
Bill No. CS for CS for SB 2120
Amendment No. ___ Barcode 945142
1 intergovernmental relations, and advertising:
2 a. Water resource planning and monitoring;
3 b. Land acquisition, restoration, and public works;
4 c. Operation and maintenance of works and lands;
5 d. Regulation;
6 e. Outreach for which the information provided must
7 contain a full description and accounting of expenditures for
8 water resources education; public information and public
9 relations, including public service announcements and
10 advertising in any media; and lobbying activities related to
11 local, regional, state and federal governmental affairs,
12 whether incurred by district staff or through contractual
13 services; and
14 f. Management and administration.
15 a. District management and administration;
16 b. Implementation through outreach activities;
17 c. Implementation through regulation;
18 d. Implementation through acquisition, restoration,
19 and public works;
20 e. Implementation through operations and maintenance
21 of lands and works;
22 f. Water resources planning and monitoring; and
23 g. A full description and accounting of expenditures
24 for lobbying activities relating to local, regional, state,
25 and federal governmental affairs, whether incurred by district
26 staff or through contractual services and all expenditures for
27 public relations, including all expenditures for public
28 service announcements and advertising in any media.
29
30 In addition to the program areas reported by all water
31 management districts, the South Florida Water Management
22
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SENATE AMENDMENT
Bill No. CS for CS for SB 2120
Amendment No. ___ Barcode 945142
1 District shall include in its budget document a separate
2 sections section on all costs associated with the Everglades
3 Construction Project and the Comprehensive Everglades
4 Restoration Plan.
5 5.3. The total estimated amount in the district budget
6 for each area of responsibility listed in subparagraph 4.
7 paragraph (a) and for water resource development projects
8 identified in the district's regional water supply plans.
9 4. A 5-year capital improvements plan.
10 6.5. A description of each new, expanded, reduced, or
11 eliminated program.
12 6. A proposed 5-year water resource development work
13 program, that describes the district's implementation strategy
14 for the water resource development component of each approved
15 regional water supply plan developed or revised pursuant to s.
16 373.0361. The work program shall address all the elements of
17 the water resource development component in the district's
18 approved regional water supply plans. The office of the
19 Governor, with the assistance of the department, shall review
20 the proposed work program. The review shall include a written
21 evaluation of its consistency with and furtherance of the
22 district's approved regional water supply plans, and adequacy
23 of proposed expenditures. As part of the review, the Executive
24 Office of the Governor and the department shall afford to all
25 interested parties the opportunity to provide written comments
26 on each district's proposed work program. At least 7 days
27 prior to the adoption of its final budget, the governing board
28 shall state in writing to the Executive Office of the Governor
29 which changes recommended in the evaluation it will
30 incorporate into its work program, or specify the reasons for
31 not incorporating the changes. The office of the Governor
23
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SENATE AMENDMENT
Bill No. CS for CS for SB 2120
Amendment No. ___ Barcode 945142
1 shall include the district's responses in the written
2 evaluation and shall submit a copy of the evaluation to the
3 Legislature; and
4 7. 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 (e)(d) By September 5 of the year in which the budget
9 is submitted, the House and Senate appropriations chairs may
10 transmit to each district comments and objections to the
11 proposed budgets. Each district governing board shall include
12 a response to such comments and objections in the record of
13 the governing board meeting where final adoption of the budget
14 takes place, and the record of this meeting shall be
15 transmitted to the Executive Office of the Governor, the
16 department, and the chairs of the House and Senate
17 appropriations committees.
18 (f)(e) The Executive Office of the Governor shall
19 annually, on or before December 15, file with the Legislature
20 a report that summarizes its review the expenditures of the
21 water management districts' tentative budgets and displays the
22 adopted budget allocations districts by program area. The
23 report must identify and identifies the districts that are not
24 in compliance with the reporting requirements of this section.
25 State funds shall be withheld from a water management district
26 that fails to comply with these reporting requirements.
27 (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS
28 PLAN; WATER RESOURCE DEVELOPMENT WORK PROGRAM.--
29 (a) Each district must, by the date specified for each
30 item, furnish copies of the following documents to the
31 Governor, the President of the Senate, the Speaker of the
24
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SENATE AMENDMENT
Bill No. CS for CS for SB 2120
Amendment No. ___ Barcode 945142
1 House of Representatives, the chairs of all legislative
2 committees and subcommittees having substantive or fiscal
3 jurisdiction over the districts, as determined by the
4 President or Speaker as applicable, the secretary of the
5 department, and the governing board of each county in which
6 the district has jurisdiction or derives any funds for the
7 operations of the district;
8 1. The adopted budget, to be furnished within 10 days
9 after its adoption.
10 2. A financial audit of its accounts and records, to
11 be furnished within 10 days after its acceptance by the
12 governing board. The audit must be conducted in accordance
13 with the provisions of s. 11.45 and the rules adopted
14 thereunder. In addition to the entities named above, the
15 district must provide a copy of the audit to the Auditor
16 General within 10 days after its acceptance by the governing
17 board.
18 3. A 5-year capital improvements plan, to be furnished
19 within 45 days after the adoption of the final budget. The
20 plan must include expected sources of revenue for planned
21 improvements and must be prepared in a manner comparable to
22 the fixed capital outlay format set forth in s. 216.043.
23 4. A 5-year water resource development work program to
24 be furnished within 45 days after the adoption of the final
25 budget. The program must describe the district's
26 implementation strategy for the water resource development
27 component of each approved regional water supply plan
28 developed or revised under s. 373.0361. The work program must
29 address all the elements of the water resource development
30 component in the district's approved regional water supply
31 plans. Within 45 days after its submittal, the department
25
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SENATE AMENDMENT
Bill No. CS for CS for SB 2120
Amendment No. ___ Barcode 945142
1 shall review the proposed work program and submit its
2 findings, questions, and comments to the district. The review
3 must include a written evaluation of the program's consistency
4 with the furtherance of the district's approved regional water
5 supply plans, and the adequacy of proposed expenditures. As
6 part of the review, the department shall give interested
7 parties the opportunity to provide written comments on each
8 district's proposed work program. Within 60 days after receipt
9 of the department's evaluation, the governing board shall
10 state in writing to the department which changes recommended
11 in the evaluation it will incorporate into its work program or
12 specify the reasons for not incorporating the changes. The
13 department shall include the district's responses in a final
14 evaluation report and shall submit a copy of the report to the
15 Governor, the President of the Senate, and the Speaker of the
16 House of Representatives.
17 (b) If any entity listed in paragraph (a) provides
18 written comments to the district regarding any document
19 furnished under this subsection, the district must respond to
20 the comments in writing and furnish copies of the comments and
21 written responses to the other entities.
22 Section 21. Paragraph (b) of subsection (4) of section
23 373.079, Florida Statutes, is amended to read:
24 373.079 Members of governing board; oath of office;
25 staff.--
26 (4)
27 (b)1. The governing board of each water management
28 district shall employ an inspector general, who shall report
29 directly to the board. However, the governing boards of the
30 Suwannee River Water Management District and the Northwest
31 Florida Water Management District may jointly employ an
26
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SENATE AMENDMENT
Bill No. CS for CS for SB 2120
Amendment No. ___ Barcode 945142
1 inspector general, or provide for inspector general services
2 by interagency agreement with a state agency or water
3 management district inspector general.
4 2. An inspector general must have the qualifications
5 prescribed and perform the applicable duties of state agency
6 inspectors general as provided in s. 20.055.
7 3. Within 45 days of the adoption of the final budget,
8 the governing board shall submit a 5-year capital improvement
9 plan and fiscal report for the district to the Governor, the
10 President of the Senate, the Speaker of the House of
11 Representatives, and the Secretary of Environmental
12 Protection. The capital improvement plan must include expected
13 sources of revenue for planned improvements and shall be
14 prepared in a manner comparable to the fixed capital outlay
15 format set forth in s. 216.043. The fiscal report shall cover
16 the preceding fiscal year and shall include a summary
17 statement of the financial operations of the district.
18 Section 22. Section 373.501, Florida Statutes, is
19 amended to read:
20 373.501 Appropriation of funds to water management
21 districts.--
22 (1) The department may allocate to the water
23 management districts, from funds appropriated to the
24 department, such sums as may be deemed necessary to defray the
25 costs of the administrative, regulatory, and other activities
26 of the districts. The governing boards shall submit annual
27 budget requests for such purposes to the department, and the
28 department shall consider such budgets in preparing its budget
29 request for the Legislature.
30 (2) Funds appropriated by the Legislature for the
31 purpose of funding a specific water management district
27
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SENATE AMENDMENT
Bill No. CS for CS for SB 2120
Amendment No. ___ Barcode 945142
1 project shall be transferred to the water management district
2 when the proposed project has been reviewed by the secretary
3 of the pertinent state agency and upon receipt of a governing
4 board resolution requesting such funds.
5 Section 23. Subsection (11) of section 373.59, Florida
6 Statutes, is amended to read:
7 373.59 Water Management Lands Trust Fund.--
8 (11) Notwithstanding any provision of this section to
9 the contrary, and for the 2000-2001 fiscal year only, the
10 governing board of a water management district may request,
11 and the Secretary of Environmental Protection shall release
12 upon such request, moneys allocated to the districts pursuant
13 to subsection (8) for the purpose of carrying out the purposes
14 consistent with the provisions of s. 373.0361, s. 373.0831 s.
15 375.0831, s. 373.139, or ss. 373.451-373.4595 and for
16 legislatively authorized land acquisition and water
17 restoration initiatives. No funds may be used pursuant to this
18 subsection until necessary debt service obligations,
19 requirements for payments in lieu of taxes, and land
20 management obligations that may be required by this chapter
21 are provided for. This subsection is repealed on July 1, 2001.
22 Section 24. Sections 373.507 and 373.589, Florida
23 Statutes, are repealed.
24 Section 25. This act shall take effect upon becoming a
25 law.
26
27
28 ================ T I T L E A M E N D M E N T ===============
29 And the title is amended as follows:
30 Delete everything before the enacting clause
31
28
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SENATE AMENDMENT
Bill No. CS for CS for SB 2120
Amendment No. ___ Barcode 945142
1 and insert:
2 A bill to be entitled
3 An act relating to water resources; amending s.
4 373.1961, F.S.; allowing certain alternative
5 water supply facilities to recover the cost of
6 such facilities through rate structures;
7 amending s. 373.083, F.S.; authorizing water
8 management districts to solicit donations;
9 amending s. 373.093, F.S.; authorizing water
10 management districts to lease certain personal
11 property; creating s. 373.608, F.S.;
12 authorizing water management districts to
13 obtain and enforce patents, copyrights, and
14 trademarks on work products of the district;
15 providing for rules; creating s. 373.610, F.S.;
16 authorizing water management districts to
17 suspend contractors who have defaulted on
18 contracts; providing procedure; providing for
19 rules; creating s. 373.611, F.S.; authorizing
20 water management districts to enter into
21 contracts to limit or alter the measure of
22 damages recoverable from a vendor; amending s.
23 373.0693, F.S.; providing for membership on the
24 Manasota Basin Board and for the resolution of
25 tie votes; amending s. 73.015, F.S.; clarifying
26 time-frame for providing specific information
27 to fee-owners; requiring agencies to provide
28 specified portions of statute to fee-owners;
29 amending s. 270.11, F.S.; providing discretion
30 to water management districts, local
31 governments, board of trustees and other state
29
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SENATE AMENDMENT
Bill No. CS for CS for SB 2120
Amendment No. ___ Barcode 945142
1 agencies to determine whether to reserve
2 mineral interests when selling lands;
3 clarifying the types of information to be given
4 by land-owner wanting a release of a
5 reservation; amending s. 373.056, F.S.;
6 granting water management districts the
7 authority to grant utility easements on
8 district-owned land for providing utility
9 service; amending s. 373.093, F.S.; granting
10 additional time to water management districts
11 to provide notification before executing lease
12 agreements; amending s. 373.096, F.S.;
13 providing for release of certain easements,
14 reservations, or right-of-way interests;
15 amending s. 373.139, F.S.; authorizing water
16 management districts to cure title defects
17 after a land sale is executed; allowing water
18 management districts to disclose appraisal
19 information, offers and counter offers to third
20 parties working on the district's behalf;
21 allowing third party appraisals to be used
22 under specific circumstances; amending s.
23 373.1401, F.S.; allowing water management
24 districts to contract with private entities for
25 management, improvement, or maintenance of land
26 held by the districts; amending s. 110.152,
27 F.S.; specifying employees who are entitled to
28 receive such benefits for adopting a
29 special-needs child; deleting references to
30 water management district employees;
31 prescribing the manner of establishing the
30
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SENATE AMENDMENT
Bill No. CS for CS for SB 2120
Amendment No. ___ Barcode 945142
1 amount of such benefits; amending s. 110.15201,
2 F.S.; providing that rules for administering
3 such adoption benefits may provide for an
4 application process; deleting a reference to
5 water management district employees; amending
6 s. 215.32, F.S.; requiring the Comptroller and
7 the Department of Management Services to
8 transfer funds to water management districts to
9 pay monetary benefits to water management
10 district employees; creating s. 373.6065, F.S.;
11 providing child-adoption monetary benefits to
12 water management district employees; amending
13 s. 373.536, F.S.; revising notice and hearing
14 provisions relating to the adoption of a final
15 budget for the water management districts;
16 specifying to whom a copy of the water
17 management districts' tentative budget must be
18 sent for review; specifying the contents of the
19 tentative budget; requiring the Executive
20 Office of the Governor to file with the
21 Legislature a report summarizing its review of
22 the water management districts' tentative
23 budgets and displaying the adopted budget
24 allocations by program area; requiring the
25 water management districts to submit certain
26 budget documents to specified officials;
27 amending s. 373.079, F.S.; deleting a
28 requirement that the water management districts
29 submit a 5-year capital improvement plan and
30 fiscal report to the Governor, the President of
31 the Senate, the Speaker of the House of
31
5:34 PM 04/30/01 s2120.nr18.Fa
SENATE AMENDMENT
Bill No. CS for CS for SB 2120
Amendment No. ___ Barcode 945142
1 Representatives, and the Secretary of
2 Environmental Protection; amending s. 373.59,
3 F.S.; providing for the transfer of certain
4 funds; amending s. 373.501, F.S.; providing for
5 the release of moneys from the Water Management
6 Lands Trust Fund; repealing s. 373.507, F.S.,
7 relating to postaudits and budgets of water
8 management districts and basins; repealing s.
9 373.589, F.S., relating to audits of water
10 management districts; providing an effective
11 date.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
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