| 1 | The State Resources Council recommends the following: |
| 2 |
|
| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to water management districts; creating s. |
| 7 | 373.1135, F.S.; authorizing water management districts to |
| 8 | implement a small business program; requiring rulemaking; |
| 9 | amending s. 373.073, F.S.; allowing a governing board |
| 10 | member to serve until a successor is appointed; amending |
| 11 | s. 373.323, F.S.; authorizing licensed water well |
| 12 | contractors to act as prime contractors and to contract |
| 13 | with other licensed water well contractors and other |
| 14 | contractors for certain work; amending s. 373.414, F.S.; |
| 15 | revising the date for submission of a petition for a |
| 16 | wetlands jurisdictional declaratory statement; providing |
| 17 | an effective date. |
| 18 |
|
| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
|
| 21 | Section 1. Section 373.1135, Florida Statutes, is created |
| 22 | to read: |
| 23 | 373.1135 Small business program.--Each water management |
| 24 | district, as created in this chapter, may implement a small |
| 25 | business program designed to help small businesses, including |
| 26 | those owned by women and minorities, participate in district |
| 27 | procurement and contract activities. The purpose of the program |
| 28 | is to spur economic development and support small businesses, |
| 29 | including those owned by women and minorities, to successfully |
| 30 | expand in the marketplace. Program specifics shall be provided |
| 31 | by rule pursuant to s. 373.113. |
| 32 | Section 2. Paragraph (a) of subsection (1) of section |
| 33 | 373.073, Florida Statutes, is amended to read: |
| 34 | 373.073 Governing board.-- |
| 35 | (1)(a) The governing board of each water management |
| 36 | district shall be composed of 9 members who shall reside within |
| 37 | the district, except that the Southwest Florida Water Management |
| 38 | District shall be composed of 11 members who shall reside within |
| 39 | the district. Members of the governing boards shall be appointed |
| 40 | by the Governor, subject to confirmation by the Senate at the |
| 41 | next regular session of the Legislature, and the refusal or |
| 42 | failure of the Senate to confirm an appointment creates a |
| 43 | vacancy in the office to which the appointment was made. The |
| 44 | term of office for a governing board member is 4 years and |
| 45 | commences on March 2 of the year in which the appointment is |
| 46 | made and terminates on March 1 of the fourth calendar year of |
| 47 | the term or may continue until a successor is appointed. Terms |
| 48 | of office of governing board members shall be staggered to help |
| 49 | maintain consistency and continuity in the exercise of governing |
| 50 | board duties and to minimize disruption in district operations. |
| 51 | Section 3. Subsection (11) is added to section 373.323, |
| 52 | Florida Statutes, to read: |
| 53 | 373.323 Licensure of water well contractors; application, |
| 54 | qualifications, and examinations; equipment identification.-- |
| 55 | (11) A licensed water well contractor may act as a prime |
| 56 | contractor if the majority of work to be performed under the |
| 57 | contract is within the scope of his or her license. A licensed |
| 58 | water well contractor may contract with another licensed water |
| 59 | well contractor for the remaining work or with another |
| 60 | contractor for which a water well contracting license is not |
| 61 | required. |
| 62 | Section 4. Subsection (13) of section 373.414, Florida |
| 63 | Statutes, is amended to read: |
| 64 | 373.414 Additional criteria for activities in surface |
| 65 | waters and wetlands.-- |
| 66 | (13) Any declaratory statement issued by the department |
| 67 | under s. 403.914, 1984 Supplement to the Florida Statutes 1983, |
| 68 | as amended, or pursuant to rules adopted thereunder, or by a |
| 69 | water management district under s. 373.421, in response to a |
| 70 | petition filed on or before June 1, 1994, shall continue to be |
| 71 | valid for the duration of such declaratory statement. Any such |
| 72 | petition pending on June 1, 1994, shall be exempt from the |
| 73 | methodology ratified in s. 373.4211, but the rules of the |
| 74 | department or the relevant water management district, as |
| 75 | applicable, in effect prior to the effective date of s. |
| 76 | 373.4211, shall apply. Until May 1, 1998, activities within the |
| 77 | boundaries of an area subject to a petition pending on June 1, |
| 78 | 1994, and prior to final agency action on such petition, shall |
| 79 | be reviewed under the rules adopted pursuant to ss. 403.91- |
| 80 | 403.929, 1984 Supplement to the Florida Statutes 1983, as |
| 81 | amended, and this part, in existence prior to the effective date |
| 82 | of the rules adopted under subsection (9), unless the applicant |
| 83 | elects to have such activities reviewed under the rules adopted |
| 84 | under this part, as amended in accordance with subsection (9). |
| 85 | In the event that a jurisdictional declaratory statement |
| 86 | pursuant to the vegetative index in effect prior to the |
| 87 | effective date of chapter 84-79, Laws of Florida, has been |
| 88 | obtained and is valid prior to the effective date of the rules |
| 89 | adopted under subsection (9) or July 1, 1994, whichever is |
| 90 | later, and the affected lands are part of a project for which a |
| 91 | master development order has been issued pursuant to s. |
| 92 | 380.06(21), the declaratory statement shall remain valid for the |
| 93 | duration of the buildout period of the project. Any |
| 94 | jurisdictional determination validated by the department |
| 95 | pursuant to rule 17-301.400(8), Florida Administrative Code, as |
| 96 | it existed in rule 17-4.022, Florida Administrative Code, on |
| 97 | April 1, 1985, shall remain in effect for a period of 5 years |
| 98 | following the effective date of this act if proof of such |
| 99 | validation is submitted to the department prior to January 1, |
| 100 | 1995. In the event that a jurisdictional determination has been |
| 101 | revalidated by the department pursuant to this subsection and |
| 102 | the affected lands are part of a project for which a development |
| 103 | order has been issued pursuant to s. 380.06(15), a final |
| 104 | development order to which s. 163.3167(8) applies has been |
| 105 | issued, or a vested rights determination has been issued |
| 106 | pursuant to s. 380.06(20), the jurisdictional determination |
| 107 | shall remain valid until the completion of the project, provided |
| 108 | proof of such validation and documentation establishing that the |
| 109 | project meets the requirements of this sentence are submitted to |
| 110 | the department prior to January 1, 1995. Activities proposed |
| 111 | within the boundaries of a valid declaratory statement issued |
| 112 | pursuant to a petition submitted to either the department or the |
| 113 | relevant water management district on or before prior to June 1, |
| 114 | 1994, or a revalidated jurisdictional determination, prior to |
| 115 | its expiration shall continue thereafter to be exempt from the |
| 116 | methodology ratified in s. 373.4211 and to be reviewed under the |
| 117 | rules adopted pursuant to ss. 403.91-403.929, 1984 Supplement to |
| 118 | the Florida Statutes 1983, as amended, and this part, in |
| 119 | existence prior to the effective date of the rules adopted under |
| 120 | subsection (9), unless the applicant elects to have such |
| 121 | activities reviewed under the rules adopted under this part, as |
| 122 | amended in accordance with subsection (9). |
| 123 | Section 5. This act shall take effect upon becoming a law. |