HB 1445CS

CHAMBER ACTION




1The Water & Natural Resources Committee recommends the
2following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to water management districts; creating s.
8373.1135, F.S.; authorizing water management districts to
9implement a small business program; requiring rulemaking;
10amending s. 373.073, F.S.; allowing a governing board
11member to serve until a successor is appointed; amending
12s. 373.414, F.S.; revising the date for submission of a
13petition for a wetlands jurisdictional declaratory
14statement; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Section 373.1135, Florida Statutes, is created
19to read:
20     373.1135  Small business program.--Each water management
21district, as created in this chapter, may implement a small
22business program designed to help small businesses, including
23those owned by women and minorities, participate in district
24procurement and contract activities. The purpose of the program
25is to spur economic development and support small businesses,
26including those owned by women and minorities, to successfully
27expand in the marketplace. Program specifics shall be provided
28by rule pursuant to s. 373.113.
29     Section 2.  Paragraph (a) of subsection (1) of section
30373.073, Florida Statutes, is amended to read:
31     373.073  Governing board.--
32     (1)(a)  The governing board of each water management
33district shall be composed of 9 members who shall reside within
34the district, except that the Southwest Florida Water Management
35District shall be composed of 11 members who shall reside within
36the district. Members of the governing boards shall be appointed
37by the Governor, subject to confirmation by the Senate at the
38next regular session of the Legislature, and the refusal or
39failure of the Senate to confirm an appointment creates a
40vacancy in the office to which the appointment was made. The
41term of office for a governing board member is 4 years and
42commences on March 2 of the year in which the appointment is
43made and terminates on March 1 of the fourth calendar year of
44the term or until a successor is appointed. Terms of office of
45governing board members shall be staggered to help maintain
46consistency and continuity in the exercise of governing board
47duties and to minimize disruption in district operations.
48     Section 3.  Subsection (13) of section 373.414, Florida
49Statutes, is amended to read:
50     373.414  Additional criteria for activities in surface
51waters and wetlands.--
52     (13)  Any declaratory statement issued by the department
53under s. 403.914, 1984 Supplement to the Florida Statutes 1983,
54as amended, or pursuant to rules adopted thereunder, or by a
55water management district under s. 373.421, in response to a
56petition filed on or before June 1, 1994, shall continue to be
57valid for the duration of such declaratory statement. Any such
58petition pending on June 1, 1994, shall be exempt from the
59methodology ratified in s. 373.4211, but the rules of the
60department or the relevant water management district, as
61applicable, in effect prior to the effective date of s.
62373.4211, shall apply. Until May 1, 1998, activities within the
63boundaries of an area subject to a petition pending on June 1,
641994, and prior to final agency action on such petition, shall
65be reviewed under the rules adopted pursuant to ss. 403.91-
66403.929, 1984 Supplement to the Florida Statutes 1983, as
67amended, and this part, in existence prior to the effective date
68of the rules adopted under subsection (9), unless the applicant
69elects to have such activities reviewed under the rules adopted
70under this part, as amended in accordance with subsection (9).
71In the event that a jurisdictional declaratory statement
72pursuant to the vegetative index in effect prior to the
73effective date of chapter 84-79, Laws of Florida, has been
74obtained and is valid prior to the effective date of the rules
75adopted under subsection (9) or July 1, 1994, whichever is
76later, and the affected lands are part of a project for which a
77master development order has been issued pursuant to s.
78380.06(21), the declaratory statement shall remain valid for the
79duration of the buildout period of the project. Any
80jurisdictional determination validated by the department
81pursuant to rule 17-301.400(8), Florida Administrative Code, as
82it existed in rule 17-4.022, Florida Administrative Code, on
83April 1, 1985, shall remain in effect for a period of 5 years
84following the effective date of this act if proof of such
85validation is submitted to the department prior to January 1,
861995. In the event that a jurisdictional determination has been
87revalidated by the department pursuant to this subsection and
88the affected lands are part of a project for which a development
89order has been issued pursuant to s. 380.06(15), a final
90development order to which s. 163.3167(8) applies has been
91issued, or a vested rights determination has been issued
92pursuant to s. 380.06(20), the jurisdictional determination
93shall remain valid until the completion of the project, provided
94proof of such validation and documentation establishing that the
95project meets the requirements of this sentence are submitted to
96the department prior to January 1, 1995. Activities proposed
97within the boundaries of a valid declaratory statement issued
98pursuant to a petition submitted to either the department or the
99relevant water management district on or before prior to June 1,
1001994, or a revalidated jurisdictional determination, prior to
101its expiration shall continue thereafter to be exempt from the
102methodology ratified in s. 373.4211 and to be reviewed under the
103rules adopted pursuant to ss. 403.91-403.929, 1984 Supplement to
104the Florida Statutes 1983, as amended, and this part, in
105existence prior to the effective date of the rules adopted under
106subsection (9), unless the applicant elects to have such
107activities reviewed under the rules adopted under this part, as
108amended in accordance with subsection (9).
109     Section 4.  This act shall take effect upon becoming a law.


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