Senate Bill sb0972e1

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  1                      A bill to be entitled

  2         An act relating to water management district

  3         fiscal matters; amending s. 373.536, F.S.;

  4         revising notice and hearing provisions relating

  5         to the adoption of a final budget for the water

  6         management districts; specifying to whom a copy

  7         of the water management districts' tentative

  8         budgets must be sent for review; specifying the

  9         contents of the tentative budgets; requiring

10         the Executive Office of the Governor to file

11         with the Legislature a report summarizing its

12         review of the water management districts'

13         tentative budgets and displaying the adopted

14         budget allocations by program area; requiring

15         the water management districts to submit

16         certain budget documents to specified

17         officials; amending s. 373.079, F.S.; deleting

18         a requirement that the water management

19         districts submit a 5-year capital improvement

20         plan and fiscal report to the Governor, the

21         President of the Senate, the Speaker of the

22         House of Representatives, and the Secretary of

23         Environmental Protection; repealing s. 373.507,

24         F.S., relating to postaudits and budgets of

25         water management districts and basins;

26         repealing s. 373.589, F.S., relating to audits

27         of water management districts; amending s.

28         373.501, F.S.; providing procedures for the

29         transfer of funds for proposed water management

30         district projects; amending s. 373.59, F.S.;

31         authorizing the use of the Water Management


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  1         Lands Trust Fund for specified purposes other

  2         than acquisition; deleting a prospective

  3         repeal; amending s. 475.628, F.S.; recognizing

  4         certain appraisal methods; providing an

  5         effective date.

  6

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

  8

  9         Section 1.  Section 373.536, Florida Statutes, is

10  amended to read:

11         373.536  District budget and hearing thereon.--

12         (1)  FISCAL YEAR.--The fiscal year of districts created

13  under the provisions of this chapter shall extend from October

14  1 of one year through September 30 of the following year.

15         (2) BUDGET SUBMITTAL.--The budget officer of the

16  district shall, on or before July 15 of each year, submit for

17  consideration by the governing board of the district a

18  tentative budget for the district covering its proposed

19  operations operation and funding requirements for the ensuing

20  fiscal year.

21         (3)  BUDGET HEARINGS AND WORKSHOPS; NOTICE.--

22         (a)  Unless alternative notice requirements are

23  otherwise provided by law, notice of all budget hearings

24  conducted by the governing board or district staff must be

25  published in a newspaper of general paid circulation in each

26  county in which the district lies not less than 5 days nor

27  more than 15 days before the hearing.

28         (b)  Budget workshops conducted for the public and not

29  governed by s. 200.065 must be advertised in a newspaper of

30  general paid circulation in the community or area in which the

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  1  workshop will occur not less than 5 days nor more than 15 days

  2  before the workshop.

  3         (c)  The tentative budget shall be adopted in

  4  accordance with the provisions of s. 200.065; however, if the

  5  mailing of the notice of proposed property taxes is delayed

  6  beyond September 3 in any county in which the district lies,

  7  the district shall advertise its intention to adopt a

  8  tentative budget and millage rate, pursuant to s.

  9  200.065(3)(g), in a newspaper of general paid circulation in

10  that county. The budget shall set forth, classified by object

11  and purpose, and by fund if so designated, the proposed

12  expenditures of the district for bonds or other debt, for

13  construction, for acquisition of land, for operation and

14  maintenance of the district works, for the conduct of the

15  affairs of the district generally, and for other purposes, to

16  which may be added an amount to be held as a reserve. District

17  administrative and operating expenses must be identified in

18  the budget and allocated among district programs.

19         (2)  The budget shall also show the estimated amount

20  which will appear at the beginning of the fiscal year as

21  obligated upon commitments made but uncompleted.  There shall

22  be shown the estimated unobligated or net balance which will

23  be on hand at the beginning of the fiscal year, and the

24  estimated amount to be raised by district taxes and from other

25  sources for meeting the requirements of the district.

26         (d)(3)  As provided in s. 200.065(2)(d), the board

27  shall publish one or more notices of its intention to finally

28  adopt a final budget for the district for the ensuing fiscal

29  year.  The notice shall appear adjacent to an advertisement

30  that sets which shall set forth the tentative budget in a

31  format meeting the budget summary requirements of s.


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  1  129.03(3)(b) in full. The district shall not include

  2  expenditures of federal special revenues and state special

  3  revenues when preparing the statement required by s.

  4  200.065(3)(l). The notice and advertisement shall be published

  5  in one or more newspapers having a combined general paid

  6  circulation in each county the counties having land in which

  7  the district lies. Districts may include explanatory phrases

  8  and examples in budget advertisements published under s.

  9  200.065 to clarify or illustrate the effect that the district

10  budget may have on ad valorem taxes.

11         (e)(4)  The hearing for the adoption of to finally

12  adopt a final budget and millage rate shall be by and before

13  the governing board of the district as provided in s. 200.065

14  and may be continued from day to day until terminated by the

15  board.

16         (4)  BUDGET CONTROLS.--

17         (a)  The final adopted budget for the district will

18  thereupon be the operating and fiscal guide for the district

19  for the ensuing year; however, transfers of funds may be made

20  within the budget by action of the governing board at a public

21  meeting of the governing board.

22         (b)  The district shall control its budget, at a

23  minimum, by funds and shall provide to the Executive Office of

24  the Governor a description of its budget control mechanisms.

25         (c)  Should the district receive unanticipated funds

26  after the adoption of the final budget, the final budget may

27  be amended by including such funds, so long as notice of

28  intention to amend is published in the notice of the governing

29  board meeting at which the amendment will be considered,

30  pursuant to s. 120.525 one time in one or more newspapers

31  qualified to accept legal advertisements having a combined


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  1  general circulation in the counties in the district.  The

  2  notice shall set forth a summary of the proposed amendment and

  3  shall be published at least 10 days prior to the public

  4  meeting of the board at which the proposed amendment is to be

  5  considered. However, in the event of a disaster or of an

  6  emergency arising to prevent or avert the same, the governing

  7  board shall not be limited by the budget but shall have

  8  authority to apply such funds as may be available therefor or

  9  as may be procured for such purpose.

10         (5)  TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW

11  AND APPROVAL.--

12         (a)  The Executive Office of the Governor is authorized

13  to approve or disapprove, in whole or in part, the budget of

14  each water management district and shall analyze each budget

15  as to the adequacy of fiscal resources available to the

16  district and the adequacy of district expenditures related to

17  water supply, including water resource development projects

18  identified in the district's regional water supply plans;

19  water quality; flood protection and floodplain management; and

20  natural systems.  This analysis shall be based on the

21  particular needs within each water management district in

22  those four areas of responsibility.

23         (b)  The Executive Office of the Governor and the water

24  management districts shall develop a process to facilitate

25  review and communication regarding water management district

26  budgets, as necessary.  Written disapproval of any provision

27  in the tentative budget must be received by the district at

28  least 5 business days prior to the final district budget

29  adoption hearing conducted under s. 200.065(2)(d).  If written

30  disapproval of any portion of the budget is not received at

31  least 5 business days prior to the final budget adoption


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  1  hearing, the governing board may proceed with final adoption.

  2  Any provision rejected by the Governor shall not be included

  3  in a district's final budget.

  4         (c)  Each water management district shall, by August 1

  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 fiscal

  9  jurisdiction over water management districts, as determined by

10  the President of the Senate or the Speaker of the House of

11  Representatives as applicable, the secretary of the

12  department, and the governing body of each county in which the

13  district has jurisdiction or derives any funds for the

14  operations of the district.

15         (d)  The tentative budget must set forth the proposed

16  expenditures of the district, to which may be added an amount

17  to be held as reserve. The tentative budget must include, but

18  is not limited to, the following information for the preceding

19  fiscal year and the current fiscal year, and the proposed

20  amounts for the upcoming fiscal year, in a standard format

21  prescribed by the Executive Office of the Governor which is

22  generally consistent with the format prescribed by legislative

23  budget instructions for state agencies and the format

24  requirements of s. 216.031:

25         1.  The estimated amount of funds remaining at the

26  beginning of the fiscal year which have been obligated for the

27  payment of outstanding commitments not yet completed.

28         2.  The estimated amount of unobligated funds or net

29  cash balance on hand at the beginning of the fiscal year, and

30  the estimated amount of funds to be raised by district taxes

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  1  or received from other sources to meet the requirements of the

  2  district.

  3         3.1.  The millage rates and the percentage increase

  4  above the rolled-back rate, together with a summary of the

  5  reasons the increase is required, and the percentage increase

  6  in taxable value resulting from new construction within the

  7  district.;

  8         4.2.  The salaries salary and benefits, expenses,

  9  operating capital outlay, number of authorized positions, and

10  other personal services for the following program areas of the

11  district, including a separate section for lobbying,

12  intergovernmental relations, and advertising:

13         a.  Water resource planning and monitoring;

14         b.  Land acquisition, restoration, and public works;

15         c.  Operation and maintenance of works and lands;

16         d.  Regulation;

17         e.  Outreach for which the information provided must

18  contain a full description and accounting of expenditures for

19  water resources education; public information and public

20  relations, including public service announcements and

21  advertising in any media; and lobbying activities related to

22  local, regional, state and federal governmental affairs,

23  whether incurred by district staff or through contractual

24  services; and

25         f.  Management and administration.

26         a.  District management and administration;

27         b.  Implementation through outreach activities;

28         c.  Implementation through regulation;

29         d.  Implementation through acquisition, restoration,

30  and public works;

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  1         e.  Implementation through operations and maintenance

  2  of lands and works;

  3         f.  Water resources planning and monitoring; and

  4         g.  A full description and accounting of expenditures

  5  for lobbying activities relating to local, regional, state,

  6  and federal governmental affairs, whether incurred by district

  7  staff or through contractual services and all expenditures for

  8  public relations, including all expenditures for public

  9  service announcements and advertising in any media.

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11  In addition to the program areas reported by all water

12  management districts, the South Florida Water Management

13  District shall include in its budget document a separate

14  sections section on all costs associated with the Everglades

15  Construction Project and the Comprehensive Everglades

16  Restoration Plan.

17         5.3.  The total estimated amount in the district budget

18  for each area of responsibility listed in subparagraph 4.

19  paragraph (a) and for water resource development projects

20  identified in the district's regional water supply plans.

21         4.  A 5-year capital improvements plan.

22         6.5.  A description of each new, expanded, reduced, or

23  eliminated program.

24         6.  A proposed 5-year water resource development work

25  program, that describes the district's implementation strategy

26  for the water resource development component of each approved

27  regional water supply plan developed or revised pursuant to s.

28  373.0361.  The work program shall address all the elements of

29  the water resource development component in the district's

30  approved regional water supply plans.  The office of the

31  Governor, with the assistance of the department, shall review


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  1  the proposed work program.  The review shall include a written

  2  evaluation of its consistency with and furtherance of the

  3  district's approved regional water supply plans, and adequacy

  4  of proposed expenditures. As part of the review, the Executive

  5  Office of the Governor and the department shall afford to all

  6  interested parties the opportunity to provide written comments

  7  on each district's proposed work program. At least 7 days

  8  prior to the adoption of its final budget, the governing board

  9  shall state in writing to the Executive Office of the Governor

10  which changes recommended in the evaluation it will

11  incorporate into its work program, or specify the reasons for

12  not incorporating the changes.  The office of the Governor

13  shall include the district's responses in the written

14  evaluation and shall submit a copy of the evaluation to the

15  Legislature; and

16         7.  The funding sources, including, but not limited to,

17  ad valorem taxes, Surface Water Improvement and Management

18  Program funds, other state funds, federal funds, and user fees

19  and permit fees for each program area.

20         (e)(d)  By September 5 of the year in which the budget

21  is submitted, the House and Senate appropriations chairs may

22  transmit to each district comments and objections to the

23  proposed budgets.  Each district governing board shall include

24  a response to such comments and objections in the record of

25  the governing board meeting where final adoption of the budget

26  takes place, and the record of this meeting shall be

27  transmitted to the Executive Office of the Governor, the

28  department, and the chairs of the House and Senate

29  appropriations committees.

30         (f)(e)  The Executive Office of the Governor shall

31  annually, on or before December 15, file with the Legislature


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  1  a report that summarizes its review the expenditures of the

  2  water management districts' tentative budgets and displays the

  3  adopted budget allocations districts by program area. The

  4  report must identify and identifies the districts that are not

  5  in compliance with the reporting requirements of this section.

  6  State funds shall be withheld from a water management district

  7  that fails to comply with these reporting requirements.

  8         (6)  FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS

  9  PLAN; WATER RESOURCE DEVELOPMENT WORK PROGRAM.--

10         (a)  Each district must, by the date specified for each

11  item, furnish copies of the following documents to the

12  Governor, the President of the Senate, the Speaker of the

13  House of Representatives, the chairs of all legislative

14  committees and subcommittees having substantive or fiscal

15  jurisdiction over the districts, as determined by the

16  President or Speaker as applicable, the secretary of the

17  department, and the governing board of each county in which

18  the district has jurisdiction or derives any funds for the

19  operations of the district;

20         1.  The adopted budget, to be furnished within 10 days

21  after its adoption.

22         2.  A financial audit of its accounts and records, to

23  be furnished within 10 days after its acceptance by the

24  governing board. The audit must be conducted in accordance

25  with the provisions of s. 11.45 and the rules adopted

26  thereunder. In addition to the entities named above, the

27  district must provide a copy of the audit to the Auditor

28  General within 10 days after its acceptance by the governing

29  board.

30         3.  A 5-year capital improvements plan, to be furnished

31  within 45 days after the adoption of the final budget. The


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  1  plan must include expected sources of revenue for planned

  2  improvements and must be prepared in a manner comparable to

  3  the fixed capital outlay format set forth in s. 216.043.

  4         4.  A 5-year water resource development work program to

  5  be furnished within 45 days after the adoption of the final

  6  budget. The program must describe the district's

  7  implementation strategy for the water resource development

  8  component of each approved regional water supply plan

  9  developed or revised under s. 373.0361. The work program must

10  address all the elements of the water resource development

11  component in the district's approved regional water supply

12  plans. Within 45 days after its submittal, the department

13  shall review the proposed work program and submit its

14  findings, questions, and comments to the district. The review

15  must include a written evaluation of the program's consistency

16  with the furtherance of the district's approved regional water

17  supply plans, and the adequacy of proposed expenditures. As

18  part of the review, the department shall give interested

19  parties the opportunity to provide written comments on each

20  district's proposed work program. Within 60 days after receipt

21  of the department's evaluation, the governing board shall

22  state in writing to the department which changes recommended

23  in the evaluation it will incorporate into its work program or

24  specify the reasons for not incorporating the changes. The

25  department shall include the district's responses in a final

26  evaluation report and shall submit a copy of the report to the

27  Governor, the President of the Senate, and the Speaker of the

28  House of Representatives.

29         (b)  If any entity listed in paragraph (a) provides

30  written comments to the district regarding any document

31  furnished under this subsection, the district must respond to


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  1  the comments in writing and furnish copies of the comments and

  2  written responses to the other entities.

  3         Section 2.  Paragraph (b) of subsection (4) of section

  4  373.079, Florida Statutes, is amended to read:

  5         373.079  Members of governing board; oath of office;

  6  staff.--

  7         (4)

  8         (b)1.  The governing board of each water management

  9  district shall employ an inspector general, who shall report

10  directly to the board. However, the governing boards of the

11  Suwannee River Water Management District and the Northwest

12  Florida Water Management District may jointly employ an

13  inspector general, or provide for inspector general services

14  by interagency agreement with a state agency or water

15  management district inspector general.

16         2.  An inspector general must have the qualifications

17  prescribed and perform the applicable duties of state agency

18  inspectors general as provided in s. 20.055.

19         3.  Within 45 days of the adoption of the final budget,

20  the governing board shall submit a 5-year capital improvement

21  plan and fiscal report for the district to the Governor, the

22  President of the Senate, the Speaker of the House of

23  Representatives, and the Secretary of Environmental

24  Protection. The capital improvement plan must include expected

25  sources of revenue for planned improvements and shall be

26  prepared in a manner comparable to the fixed capital outlay

27  format set forth in s. 216.043. The fiscal report shall cover

28  the preceding fiscal year and shall include a summary

29  statement of the financial operations of the district.

30         Section 3.  Section 373.501, Florida Statutes, is

31  amended to read:


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  1         373.501  Appropriation of funds to water management

  2  districts.--

  3         (1)  The department may allocate to the water

  4  management districts, from funds appropriated to the

  5  department, such sums as may be deemed necessary to defray the

  6  costs of the administrative, regulatory, and other activities

  7  of the districts. The governing boards shall submit annual

  8  budget requests for such purposes to the department, and the

  9  department shall consider such budgets in preparing its budget

10  request for the Legislature.

11         (2)  Funds appropriated by the Legislature for the

12  purpose of funding a specific water management district

13  project shall be transferred to the water management district

14  when the proposed project has been reviewed by the secretary

15  of the pertinent state agency and upon receipt of a governing

16  board resolution requesting such funds.

17         Section 4.  Subsection (11) of section 373.59, Florida

18  Statutes, is amended to read:

19         373.59  Water Management Lands Trust Fund.--

20         (11)  Notwithstanding any provision of this section to

21  the contrary, and for the 2000-2001 fiscal year only, the

22  governing board of a water management district may request,

23  and the Secretary of Environmental Protection shall release

24  upon such request, moneys allocated to the districts pursuant

25  to subsection (8) for the purpose of carrying out the purposes

26  consistent with the provisions of s. 373.0361, s. 373.0831 s.

27  375.0831, s. 373.139, or ss. 373.451-373.4595 and for

28  legislatively authorized land acquisition and water

29  restoration initiatives. No funds may be used pursuant to this

30  subsection until necessary debt service obligations,

31  requirements for payments in lieu of taxes, and land


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  1  management obligations that may be required by this chapter

  2  are provided for. This subsection is repealed on July 1, 2001.

  3         Section 5.  Sections 373.507 and 373.589, Florida

  4  Statutes, are repealed.

  5         Section 6.  Section 475.628, Florida Statutes, is

  6  amended to read:

  7         475.628  Professional standards for appraisers

  8  registered, licensed, or certified under this part.--Each

  9  appraiser registered, licensed, or certified under this part

10  shall comply with the Uniform Standards of Professional

11  Appraisal Practice.  Statements on appraisal standards which

12  may be issued for the purpose of clarification,

13  interpretation, explanation, or elaboration through the

14  Appraisal Foundation shall also be binding on any appraiser

15  registered, licensed, or certified under this part. Appraisers

16  may use any recognized appropriate appraisal methodology, in

17  compliance with the Uniform Standards of Professional

18  Appraisal Practice and applicable statements issued through

19  the Appraisal Foundation, including, but not limited to, cost,

20  comparable sales and income approach.

21         Section 7.  This act shall take effect July 1, 2001.

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