1 | The Water & Natural Resources Committee recommends the |
2 | following: |
3 |
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4 | Council/Committee Substitute |
5 | Remove the entire bill and insert: |
6 | A bill to be entitled |
7 | An act relating to water management districts; creating s. |
8 | 373.1135, F.S.; authorizing water management districts to |
9 | implement a small business program; requiring rulemaking; |
10 | amending s. 373.073, F.S.; allowing a governing board |
11 | member to serve until a successor is appointed; amending |
12 | s. 373.414, F.S.; revising the date for submission of a |
13 | petition for a wetlands jurisdictional declaratory |
14 | statement; providing an effective date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. Section 373.1135, Florida Statutes, is created |
19 | to read: |
20 | 373.1135 Small business program.--Each water management |
21 | district, as created in this chapter, may implement a small |
22 | business program designed to help small businesses, including |
23 | those owned by women and minorities, participate in district |
24 | procurement and contract activities. The purpose of the program |
25 | is to spur economic development and support small businesses, |
26 | including those owned by women and minorities, to successfully |
27 | expand in the marketplace. Program specifics shall be provided |
28 | by rule pursuant to s. 373.113. |
29 | Section 2. Paragraph (a) of subsection (1) of section |
30 | 373.073, Florida Statutes, is amended to read: |
31 | 373.073 Governing board.-- |
32 | (1)(a) The governing board of each water management |
33 | district shall be composed of 9 members who shall reside within |
34 | the district, except that the Southwest Florida Water Management |
35 | District shall be composed of 11 members who shall reside within |
36 | the district. Members of the governing boards shall be appointed |
37 | by the Governor, subject to confirmation by the Senate at the |
38 | next regular session of the Legislature, and the refusal or |
39 | failure of the Senate to confirm an appointment creates a |
40 | vacancy in the office to which the appointment was made. The |
41 | term of office for a governing board member is 4 years and |
42 | commences on March 2 of the year in which the appointment is |
43 | made and terminates on March 1 of the fourth calendar year of |
44 | the term or until a successor is appointed. Terms of office of |
45 | governing board members shall be staggered to help maintain |
46 | consistency and continuity in the exercise of governing board |
47 | duties and to minimize disruption in district operations. |
48 | Section 3. Subsection (13) of section 373.414, Florida |
49 | Statutes, is amended to read: |
50 | 373.414 Additional criteria for activities in surface |
51 | waters and wetlands.-- |
52 | (13) Any declaratory statement issued by the department |
53 | under s. 403.914, 1984 Supplement to the Florida Statutes 1983, |
54 | as amended, or pursuant to rules adopted thereunder, or by a |
55 | water management district under s. 373.421, in response to a |
56 | petition filed on or before June 1, 1994, shall continue to be |
57 | valid for the duration of such declaratory statement. Any such |
58 | petition pending on June 1, 1994, shall be exempt from the |
59 | methodology ratified in s. 373.4211, but the rules of the |
60 | department or the relevant water management district, as |
61 | applicable, in effect prior to the effective date of s. |
62 | 373.4211, shall apply. Until May 1, 1998, activities within the |
63 | boundaries of an area subject to a petition pending on June 1, |
64 | 1994, and prior to final agency action on such petition, shall |
65 | be reviewed under the rules adopted pursuant to ss. 403.91- |
66 | 403.929, 1984 Supplement to the Florida Statutes 1983, as |
67 | amended, and this part, in existence prior to the effective date |
68 | of the rules adopted under subsection (9), unless the applicant |
69 | elects to have such activities reviewed under the rules adopted |
70 | under this part, as amended in accordance with subsection (9). |
71 | In the event that a jurisdictional declaratory statement |
72 | pursuant to the vegetative index in effect prior to the |
73 | effective date of chapter 84-79, Laws of Florida, has been |
74 | obtained and is valid prior to the effective date of the rules |
75 | adopted under subsection (9) or July 1, 1994, whichever is |
76 | later, and the affected lands are part of a project for which a |
77 | master development order has been issued pursuant to s. |
78 | 380.06(21), the declaratory statement shall remain valid for the |
79 | duration of the buildout period of the project. Any |
80 | jurisdictional determination validated by the department |
81 | pursuant to rule 17-301.400(8), Florida Administrative Code, as |
82 | it existed in rule 17-4.022, Florida Administrative Code, on |
83 | April 1, 1985, shall remain in effect for a period of 5 years |
84 | following the effective date of this act if proof of such |
85 | validation is submitted to the department prior to January 1, |
86 | 1995. In the event that a jurisdictional determination has been |
87 | revalidated by the department pursuant to this subsection and |
88 | the affected lands are part of a project for which a development |
89 | order has been issued pursuant to s. 380.06(15), a final |
90 | development order to which s. 163.3167(8) applies has been |
91 | issued, or a vested rights determination has been issued |
92 | pursuant to s. 380.06(20), the jurisdictional determination |
93 | shall remain valid until the completion of the project, provided |
94 | proof of such validation and documentation establishing that the |
95 | project meets the requirements of this sentence are submitted to |
96 | the department prior to January 1, 1995. Activities proposed |
97 | within the boundaries of a valid declaratory statement issued |
98 | pursuant to a petition submitted to either the department or the |
99 | relevant water management district on or before prior to June 1, |
100 | 1994, or a revalidated jurisdictional determination, prior to |
101 | its expiration shall continue thereafter to be exempt from the |
102 | methodology ratified in s. 373.4211 and to be reviewed under the |
103 | rules adopted pursuant to ss. 403.91-403.929, 1984 Supplement to |
104 | the Florida Statutes 1983, as amended, and this part, in |
105 | existence prior to the effective date of the rules adopted under |
106 | subsection (9), unless the applicant elects to have such |
107 | activities reviewed under the rules adopted under this part, as |
108 | amended in accordance with subsection (9). |
109 | Section 4. This act shall take effect upon becoming a law. |