HB 0373

1
A bill to be entitled
2An act relating to water policy; amending s. 373.069, F.S.;
3revising boundaries of the Southwest Florida Water Management
4District and the South Florida Water Management District;
5amending s. 373.0691, F.S.; providing for the transfer of land
6and other incidentals from the Southwest Florida Water
7Management District to the South Florida Water Management
8District; requiring the Southwest Florida Management District to
9take final agency action with respect to certain permit
10applications received prior to a date certain; amending s.
11373.073, F.S.; removing Highlands County from the Southwest
12Florida Water Management District's governing board; providing
13an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Paragraphs (d) and (e) of subsection (2) of
18section 373.069, Florida Statutes, are amended to read:
19     373.069  Creation of water management districts.--
20     (2)  Notwithstanding the provisions of any other special or
21general act to the contrary, the boundaries of the respective
22districts named in subsection (1) shall include the areas within
23the following boundaries:
24     (d)  Southwest Florida Water Management District.--Begin at
25the intersection of the north boundary of Lee County with the
26Gulf of Mexico; thence eastward along the Lee-Charlotte County
27line to the Southeast corner of Section 33, Township 42 South,
28Range 24 East; thence North into Charlotte County, along the
29section lines to the Northeast corner of Section 4, Township 42
30South, Range 24 East; thence East along the township line
31between Townships 41 and 42 South to the Southeast corner of
32Section 36, Township 41 South, Range 25 East; thence north along
33the section line to the northwest corner of Section 6, Township
3441 South, Range 26 East; thence east along the section line to
35the southeast corner of Section 36, Township 40 South, Range 26
36East; thence North along the range line between Ranges 26 and 27
37to the Northeast corner of Section 1, Township 40 South, Range
3826 East, and the Charlotte-Desoto County line; thence east along
39the Charlotte-Desoto County line to the southeast corner of
40Section 36, Township 39 South, Range 27 East; thence north along
41the DeSoto-Highlands County line to the intersection of the
42South boundary of Hardee County; thence north along the Hardee-
43Highlands County line to the northwest corner of Section 6,
44Township 33 South, Range 28 East; thence east southwest corner
45of Township 35 South, Range 28 East; thence east along the north
46boundary of Township 36 South to the northeast corner of Section
471, Township 36 South, Range 28 East; thence south along the
48range line to the southeast corner of Section 12, Township 37
49South, Range 28 East; thence east along the section line to the
50northeast corner of Section 15, Township 37 South, Range 29
51East; thence south along the section line to the southeast
52corner of Section 34, Township 37 South, Range 29 East; thence
53east along the township line to the northeast corner of Section
541, Township 38 South, Range 29 East; thence south along the
55range line to the southeast corner of Section 1, Township 39
56South, Range 29 East; thence east along the section line to the
57northwest corner of Section 11, Township 39 South, Range 30
58East; thence north along the section line to the southwest
59corner of Section 35, Township 38 South, Range 30 East; thence
60east along the township line to the southeast corner of the west
611/4 of Section 35, Township 38 South, Range 30 East; thence north
62along the 1/4-section line of Sections 35, 26, and 23, Township
6338 South, Range 30 East to the northeast corner of the west 1/4
64section of Section 23, Township 38 South, Range 30 East; thence
65west along the section line to the northwest corner of Section
6623, Township 38 South, Range 30 East; thence north along the
67section line to the northwest corner of Section 2, Township 37
68South, Range 30 East; thence west along the township line to the
69southwest corner of Section 34, Township 36 South, Range 30
70East; thence north along the section line to the northwest
71corner of Section 3, Township 36 South, Range 30 East; thence
72west along the township line to the southwest corner of Section
7331, Township 35 South, Range 30 East; thence north along the
74range line between Ranges 29 and 30 East, through Townships 35,
7534, and 33 South, to the northeast corner of Township 33 South,
76Range 29 East, being on the Highlands-Polk County line; thence
77west along the Highlands-Polk County line to the southeast
78corner of Township 32 South, Range 28 East; thence north along
79the range line between Ranges 28 and 29 East, in Townships 32
80and 31 South, to the northeast corner of Section 12 in Township
8131 South, Range 28 East; thence east along the section line to
82the northeast corner of Section 7, Township 31 South, Range 29
83East; thence north along the section line to the northwest
84corner of Section 17, Township 30 South, Range 29 East; thence
85east along the section line to the northeast corner of the west
861/2 of Section 17, Township 30 South, Range 29 East; thence north
87along the 1/2-section line to the northeast corner of the west 1/2
88of Section 5, Township 30 South, Range 29 East; thence west
89along the section line to the southwest corner of Section 32,
90Township 29 South, Range 29 East; thence north along the section
91line to the northeast corner of Section 19 in Township 29 South,
92Range 29 East; thence west along the north boundaries of Section
9319, Township 29 South, Range 29 East, and Sections 24, 23, 22,
9421, and 20, Township 29 South, Range 28 East, to the northwest
95corner of said Section 20; thence north along the section line
96to the intersection of said section line with the west shore
97line of Lake Pierce in Township 29 South, Range 28 East; thence
98following the west shore of Lake Pierce to its intersection
99again with the west section line of Section 5, Township 29
100South, Range 28 East; thence north along the section line to the
101northwest corner of Section 5, Township 29 South, Range 28 East;
102thence east along the township line to the southwest corner of
103Section 33, Township 28 South, Range 28 East; thence north along
104the section line to the northwest corner of the southwest 1/4 of
105the southwest 1/4 of Section 28, Township 28 South, Range 28
106East; thence east along the 1/4-section line to the intersection
107of said 1/4-section line with Lake Pierce; thence follow the
108shore line northeasterly to its intersection with the 1/2-section
109line of Section 28, Township 28 South, Range 28 East; thence
110north on the 1/2-section line to the northwest corner of the
111southeast 1/4 of Section 28, Township 28 South, Range 28 East;
112thence east to the northeast corner of the southeast 1/4 of
113Section 28, Township 28 South, Range 28 East; thence south along
114the section line to the northwest corner of Section 3, Township
11529 South, Range 28 East; thence east along the section line to
116the northeast corner of Section 3, Township 29 South, Range 28
117East; thence north along the section line to the northwest
118corner of Section 23, Township 28 South, Range 28 East; thence
119west along the section line to the southwest corner of Section
12016, Township 28 South, Range 28 East; thence north along the
121section line to the northwest corner of Section 16, Township 28
122South, Range 28 East; thence west along the section line to the
123southwest corner of Section 8, Township 28 South, Range 28 East;
124thence north along the section line to the northwest corner of
125Section 5, Township 28 South, Range 28 East; thence west along
126the township line to the intersection of said township line with
127Lake Marion; thence following the south shore line of Lake
128Marion to its intersection again with said township line; thence
129west along the township line to the southeast corner of Section
13036, Township 37 South, Range 27 East; thence north along the
131range line between Ranges 27 and 28 East to the intersection of
132said range line with Lake Marion; thence following the west
133shore of Lake Marion to its intersection again with the range
134line between Ranges 27 and 28 East; thence north along said
135range line, in Townships 27 and 26 South, to the northeast
136corner of Township 26 South, Range 27 East, being on the Polk-
137Osceola County line; thence west along the Polk-Osceola County
138line to the northwest corner of Township 26 South, Range 27
139East; thence north along the section line to the Lake-Polk
140County line; thence west along the county line to the southwest
141corner of Section 32, Township 24 South, Range 26 East; thence
142into Lake County, north along the section lines to the northeast
143corner of Section 30, Township 24 South, Range 26 East; thence
144west along the section lines to the northeast corner of Section
14528, Township 24 South, Range 25 East; thence north along the
146section lines to the northeast corner of Section 16, Township 24
147South, Range 25 East; thence west along the section line to the
148northwest corner of Section 16, Township 24 South, Range 25
149East; thence north along the section line to the northeast
150corner of Section 8, Township 24 South, Range 25 East; thence
151west along the section lines to the range line between Ranges 24
152and 25; thence north along the range line to the northeast
153corner of Section 1, Township 23 South, Range 24 East, also
154being on the township line between Townships 22 and 23 South;
155thence west along the township line to the northwest corner of
156Section 6, Township 23 South, Range 24 East also being on the
157Sumter-Lake County line; thence north along the Sumter-Lake
158County line, also being the range line between Ranges 23 and 24,
159to the northeast corner of Section 1, Township 18 South, Range
16023 East and the Marion County line; thence west, along the
161Sumter-Marion County line, also being the township line between
162Townships 17 and 18 South, to the westerly right-of-way line of
163Interstate Highway 75; thence northerly along the westerly
164right-of-way line of Interstate Highway 75 to the Alachua-Marion
165County line, said line also being the township line between
166Townships 11 and 12 South; thence west along the Alachua-Marion
167County line to the northwest corner of Section 3, Township 12
168South, Range 19 East and the Levy County line; thence westerly
169along the Levy-Alachua County line, also being the township line
170between Townships 11 and 12 South, to the southeast corner of
171Section 36, Township 11 South, Range 17 East; thence north along
172the Levy-Alachua County line, also being the range line between
173Ranges 17 and 18 East, to the southerly right-of-way line of
174State Road No. 24; thence southwesterly along said southerly
175right-of-way line to the easterly right-of-way line of State
176Road No. 337; thence southerly, along said easterly right-of-way
177line of State Road No. 337, to the south line of Section 35,
178Township 14 South, Range 17 East; thence west along the section
179line to the northwest corner of Section 3, Township 15 South,
180Range 17 East; thence south along the section lines to the
181southwest corner of Section 27, Township 15 South, Range 17
182East; thence west to the Gulf of Mexico; thence south along the
183Gulf of Mexico, including the waters of said gulf within the
184jurisdiction of the State of Florida, to the point of beginning.
185     (e)  South Florida Water Management District.--Begin at the
186intersection of the north boundary of Lee County with the Gulf
187of Mexico; thence easterly along the Lee-Charlotte County line
188to the southwest corner of Section 34, Township 42 South, Range
18924 East; thence northerly along the section lines to the
190northwest corner of Section 3, Township 42 South, Range 24 East;
191thence easterly along the Township line between Townships 41 and
19242 South to the southwest corner of Section 31, Township 41
193South, Range 26 East; thence northerly along the Range line
194between Ranges 25 and 26 East to the northwest corner of Section
1956, Township 41 South, Range 26 East; thence easterly along the
196Township line between Townships 40 and 41 South to the southwest
197corner of Section 31, Township 40 South, Range 27 East; thence
198northerly along the Range line between Ranges 26 and 27 East to
199the Charlotte-DeSoto County line; thence easterly along the
200Charlotte-Desoto County line to the west line of Highlands
201County; thence northerly along the Highlands-Desoto County line
202and along the Highlands-Hardee County line to the northwest
203corner of Section 6, Township 33 South, Range 28 East; thence
204east Township 36 South, Range 28 East; thence east along the
205north boundary of Township 36 South to the northeast corner of
206Section 1, Township 36 South, Range 28 East; thence south along
207the range line to the southeast corner of Section 12, Township
20837 South, Range 28 East; thence east along the section line to
209the northeast corner of Section 15, Township 37 South, Range 29
210East; thence south along the section line to the southeast
211corner of Section 34, Township 37 South, Range 29 East; thence
212east along the township line to the northeast corner of Section
2131, Township 38 South, Range 29 East; thence south along the
214range line to the southeast corner of Section 1, Township 39
215South, Range 29 East; thence east along the section line to the
216northwest corner of Section 11, Township 39 South, Range 30
217East; thence north along the section line to the southwest
218corner of Section 35, Township 38 South, Range 30 East; thence
219east along the township line to the southeast corner of the west
2201/4 of Section 35, Township 38 South, Range 30 East; thence north
221along the 1/4-section line of Sections 35, 26, and 23, Township
22238 South, Range 30 East to the northeast corner of the west 1/4
223section of Section 23, Township 38 South, Range 30 East; thence
224west along the section line to the northwest corner of Section
22523, Township 38 South, Range 30 East; thence north along the
226section line to the northwest corner of Section 2, Township 37
227South, Range 30 East; thence west along the township line to the
228southwest corner of Section 34, Township 36 South, Range 30
229East; thence north along the section line to the northwest
230corner of Section 3, Township 36 South, Range 30 East; thence
231west along the township line to the southwest corner of Section
23231, Township 35 South, Range 30 East; thence north along the
233range line between Ranges 29 and 30 East, through Townships 35,
23434, and 33 South, to the northwest corner of Township 33 South,
235Range 30 East, being on the Highlands-Polk County line; thence
236west along the Highlands-Polk County line to the southwest
237corner of Township 32 South, Range 29 East; thence north along
238the range line between Ranges 28 and 29 East, in Townships 32
239and 31 South, to the northwest corner of Section 7 in Township
24031 South, Range 29 East; thence east along the section line to
241the northeast corner of Section 7, Township 31 South, Range 29
242East; thence north along the section line to the northwest
243corner of Section 17, Township 30 South, Range 29 East; thence
244east along the section line to the northeast corner of the west
2451/2 of Section 17, Township 30 South, Range 29 East; thence north
246along the 1/2-section line to the northeast corner of the west 1/2
247of Section 5, Township 30 South, Range 29 East; thence west
248along the section line to the southwest corner of Section 32,
249Township 29 South, Range 29 East; thence north along the section
250line to the northeast corner of Section 19 in Township 29 South,
251Range 29 East; thence west along the south boundaries of Section
25218, Township 29 South, Range 29 East and Sections 13, 14, 15,
25316, and 17 in Township 29 South, Range 28 East, to the southwest
254corner of said Section 17; thence north along the section line
255to the intersection of said section line with the west shore
256line of Lake Pierce in Township 29 South, Range 28 East; thence
257following the west shore of Lake Pierce to its intersection
258again with the west section line of Section 5, Township 29
259South, Range 28 East; thence north along the section line to the
260northwest corner of Section 5, Township 29 South, Range 28 East;
261thence east along the township line to the southwest corner of
262Section 33, Township 28 South, Range 28 East; thence north along
263the section line to the northwest corner of the southwest 1/4 of
264the southwest 1/4 of Section 28, Township 28 South, Range 28
265East; thence east along the 1/4-section line to the intersection
266of said 1/4-section line with Lake Pierce; thence follow the
267shore line northeasterly to its intersection with the 1/2-section
268line of Section 28, Township 28 South, Range 28 East; thence
269north on the 1/2-section line to the northwest corner of the
270southeast 1/4 of Section 28, Township 28 South, Range 28 East;
271thence east along the 1/2-section line to the northeast corner of
272the southeast 1/4 of Section 28, Township 28 South, Range 28
273East; thence south along the section line to the northwest
274corner of Section 3, Township 29 South, Range 28 East; thence
275east along the section line to the northeast corner of Section
2763, Township 29 South, Range 28 East; thence north along the
277section line to the northwest corner of Section 23, Township 28
278South, Range 28 East; thence west along the section line to the
279southwest corner of Section 16, Township 28 South, Range 28
280East; thence north along the section line to the northwest
281corner of Section 16, Township 28 South, Range 28 East; thence
282west along the section line to the southwest corner of Section
2838, Township 28 South, Range 28 East; thence north along the
284section line to the northwest corner of Section 5, Township 28
285South, Range 28 East; thence west along the township line to the
286intersection of said township line with Lake Marion; thence
287following the south shore line of Lake Marion to its
288intersection again with said township line; thence west along
289the township line to the southeast corner of Section 36,
290Township 27 South, Range 27 East; thence north along the range
291line between Ranges 27 and 28 East to the intersection of said
292range line with Lake Marion; thence following the west shore of
293Lake Marion to its intersection again with the range line
294between Ranges 27 and 28 East; thence north along said range
295line, in Townships 27 and 26 South, to the northwest corner of
296Township 26 South, Range 28 East, being on the Polk-Osceola
297County line; thence west along the Polk-Osceola County line to
298the southwest corner of Township 25 South, Range 27 East; thence
299northerly along the range line between Ranges 26 and 27 East to
300the northwest corner of Section 18, Township 23 South, Range 27
301East; thence easterly along the section lines to the southwest
302corner of Section 12, Township 23 South, Range 27 East; thence
303northerly along the section lines to the northwest corner of
304Section 1, Township 23 South, Range 27 East; thence easterly
305along the Township line between Townships 22 and 23 South to the
306southwest corner of Section 31, Township 22 South, Range 29
307East; thence northerly along the Range line between Ranges 28
308and 29 East to the northwest corner of Section 30, Township 22
309South, Range 29 East; thence easterly along the section lines to
310the westerly right-of-way line of U.S. Highway 441; thence
311southerly along the westerly right-of-way line to the
312intersection with the northerly right-of-way line of State Road
313528A; thence easterly along the northerly right-of-way line to
314the intersection with the northerly right-of-way line of State
315Road 528, also known as the Bee Line Expressway; thence easterly
316along the northerly right-of-way line of State Road 528 to the
317intersection with the range line between Township 23 South,
318Range 31 East and Township 23 South, Range 32 East; thence
319southerly along the Range line between Ranges 31 and 32 East to
320the Orange-Osceola County line; thence easterly along said
321county line between Townships 24 and 25 South to the northeast
322corner of Section 5, Township 25 South, Range 32 East; thence
323southerly along the section lines to the southeast corner of
324Section 32, Township 25 South, Range 32 East; thence easterly
325along the Township line between Townships 25 and 26 South to the
326northeast corner of Section 1, Township 26 South, Range 32 East;
327thence southerly along the Range line between Ranges 32 and 33
328East to the southeast corner of Section 36, Township 27 South,
329Range 32 East; thence westerly along the township line between
330Townships 27 and 28 South, to the northeast corner of Section 1,
331Township 28 South, Range 32 East; thence southerly along the
332Range line between Ranges 32 and 33 East to the southeast corner
333of Section 36, Township 29 South, Range 32 East; thence easterly
334along the Township line between Townships 29 and 30 South to the
335northeast corner of Section 1, Township 30 South, Range 33 East;
336thence southerly along the Range line between Ranges 33 and 34
337East to the southeast corner of Section 36, Township 30 South,
338Range 33 East; thence westerly along the Township line between
339Townships 30 and 31 South to the northeast corner of Section 4,
340Township 31 South, Range 33 East; thence southerly along the
341section lines to the Osceola-Okeechobee County line; thence
342easterly along said county line to the northeast corner of
343Section 3, Township 33 South, Range 34 East; thence southerly
344along the section lines to the southeast corner of Section 34,
345Township 34 South, Range 34 East; thence easterly along the
346Township line between Townships 34 and 35 South to the southwest
347corner of Section 36, Township 34 South, Range 35 East; thence
348northerly along the section lines to the northwest corner of
349Section 13, Township 34 South, Range 35 East; thence easterly
350along the section line to the Range line between Ranges 35 and
35136 East; thence northerly along said Range line to the northwest
352corner of Section 18, Township 34 South, Range 36 East; thence
353easterly along the section lines to the southwest corner of
354Section 10, Township 34 south, Range 36 East; thence northerly
355along the section line to the northwest corner of said Section
35610; thence easterly along the section lines to the Okeechobee-
357St. Lucie County line; thence northerly along said county line
358to the south line of Indian River County; thence easterly along
359the St. Lucie-Indian River County line to the Atlantic Ocean;
360thence southerly along the Atlantic Ocean to the Gulf of Mexico;
361thence northerly along the Gulf of Mexico, including the waters
362of said Ocean and of said Gulf and the islands therein within
363the jurisdiction of the State of Florida, to the point of
364beginning.
365     Section 2.  Present subsection (3) of section 373.0691,
366Florida Statutes, is renumbered as subsection (4), and a new
367subsection (3) is added to said section to read:
368     373.0691  Transfer of areas.--
369     (3)  Effective at 12:01 a.m. on July 1, 2004, that portion
370of Highlands County formerly within the Southwest Florida Water
371Management District as set forth in s. 373.069 is transferred to
372the South Florida Water Management District. With respect to the
373area transferred and at the time of the change of boundaries,
374all contractual obligations of the Southwest Florida Water
375Management District, all real property interests owned by the
376Southwest Florida Water Management District, all regulatory
377responsibilities of the Southwest Florida Water Management
378District, all equipment and other personal property used solely
379by the Southwest Florida Water Management District in that area,
380and all records of the Southwest Florida Water Management
381District shall be transferred and delivered to the South Florida
382Water Management District.  However, the Southwest Florida
383Management District shall take final agency action on any permit
384applications received before July 1, 2004, after which all
385matters related to any such permits issued shall be regulated by
386the South Florida Water Management District.
387     Section 3.  Paragraph (e) of subsection (2) of section
388373.073, Florida Statutes, is amended to read:
389     373.073  Governing board.--
390     (2)  Membership on governing boards shall be selected from
391candidates who have significant experience in one or more of the
392following areas, including, but not limited to: agriculture, the
393development industry, local government, government-owned or
394privately owned water utilities, law, civil engineering,
395environmental science, hydrology, accounting, or financial
396businesses. Notwithstanding the provisions of any other general
397or special law to the contrary, vacancies in the governing
398boards of the water management districts shall be filled
399according to the following residency requirements, representing
400areas designated by the United States Water Resources Council in
401United States Geological Survey, River Basin and Hydrological
402Unit Map of Florida--1975, Map Series No. 72:
403     (e)  Southwest Florida Water Management District:
404     1.  Two members shall reside in Hillsborough County.
405     2.  One member shall reside in the area consisting of
406Hillsborough and Pinellas Counties.
407     3.  Two members shall reside in Pinellas County.
408     4.  One member shall reside in Manatee County.
409     5.  One member shall reside in Polk County.
410     6.  One member shall reside in Pasco County.
411     7.  One member shall be appointed at large from Levy,
412Marion, Citrus, Sumter, Hernando, and Lake Counties.
413     8.  One member shall be appointed at large from Sarasota,
414Hardee, DeSoto, and Charlotte, and Highlands Counties.
415     9.  One member shall be appointed at large from Levy,
416Marion, Citrus, Sumter, Hernando, Lake, Sarasota, Hardee,
417DeSoto, and Charlotte, and Highlands Counties.
418
419No county described in subparagraph 7., subparagraph 8., or
420subparagraph 9. shall have more than one member on the governing
421board.
422Section 4.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.