HB 0171

1	A bill to be entitled
2	An act relating to water policy; amending s. 373.069,
3	F.S.; revising boundaries of the Southwest Florida Water
4	Management District and the South Florida Water Management
5	District; amending s. 373.0691, F.S.; providing for the
6	transfer of land and other incidentals from the Southwest
7	Florida Water Management District to the South Florida
8	Water Management District; requiring the Southwest Florida
9	Water Management District to take final agency action with
10	respect to certain permit applications received prior to a
11	date certain; amending s. 373.073, F.S.; removing
12	Highlands County from the Southwest Florida Water
13	Management District's governing board; providing an
14	effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Paragraphs (d) and (e) of subsection (2) of
19	section 373.069, Florida Statutes, are amended to read:
20	373.069  Creation of water management districts.--
21	(2)  Notwithstanding the provisions of any other special or
22	general act to the contrary, the boundaries of the respective
23	districts named in subsection (1) shall include the areas within
24	the following boundaries:
25	(d)  Southwest Florida Water Management District.--Begin at
26	the intersection of the north boundary of Lee County with the
27	Gulf of Mexico; thence eastward along the Lee-Charlotte County
28	line to the Southeast corner of Section 33, Township 42 South,
29	Range 24 East; thence North into Charlotte County, along the
30	section lines to the Northeast corner of Section 4, Township 42
31	South, Range 24 East; thence East along the township line
32	between Townships 41 and 42 South to the Southeast corner of
33	Section 36, Township 41 South, Range 25 East; thence north along
34	the section line to the northwest corner of Section 6, Township
35	41 South, Range 26 East; thence east along the section line to
36	the southeast corner of Section 36, Township 40 South, Range 26
37	East; thence North along the range line between Ranges 26 and 27
38	to the Northeast corner of Section 1, Township 40 South, Range
39	26 East, and the Charlotte-Desoto County line; thence east along
40	the Charlotte-Desoto County line to the southeast corner of
41	Section 36, Township 39 South, Range 27 East; thence north along
42	the DeSoto-Highlands County line to the intersection of the
43	South boundary of Hardee County; thence north along the Hardee-
44	Highlands County line to the northwest corner of Section 6,
45	Township 33 South, Range 28 East; thence east southwest corner
46	of Township 35 South, Range 28 East; thence east along the north
47	boundary of Township 36 South to the northeast corner of Section
48	1, Township 36 South, Range 28 East; thence south along the
49	range line to the southeast corner of Section 12, Township 37
50	South, Range 28 East; thence east along the section line to the
51	northeast corner of Section 15, Township 37 South, Range 29
52	East; thence south along the section line to the southeast
53	corner of Section 34, Township 37 South, Range 29 East; thence
54	east along the township line to the northeast corner of Section
55	1, Township 38 South, Range 29 East; thence south along the
56	range line to the southeast corner of Section 1, Township 39
57	South, Range 29 East; thence east along the section line to the
58	northwest corner of Section 11, Township 39 South, Range 30
59	East; thence north along the section line to the southwest
60	corner of Section 35, Township 38 South, Range 30 East; thence
61	east along the township line to the southeast corner of the west
62	1/4 of Section 35, Township 38 South, Range 30 East; thence
63	north along the 1/4-section line of Sections 35, 26, and 23,
64	Township 38 South, Range 30 East to the northeast corner of the
65	west 1/4 section of Section 23, Township 38 South, Range 30
66	East; thence west along the section line to the northwest corner
67	of Section 23, Township 38 South, Range 30 East; thence north
68	along the section line to the northwest corner of Section 2,
69	Township 37 South, Range 30 East; thence west along the township
70	line to the southwest corner of Section 34, Township 36 South,
71	Range 30 East; thence north along the section line to the
72	northwest corner of Section 3, Township 36 South, Range 30 East;
73	thence west along the township line to the southwest corner of
74	Section 31, Township 35 South, Range 30 East; thence north along
75	the range line between Ranges 29 and 30 East, through Townships
76	35, 34, and 33 South, to the northeast corner of Township 33
77	South, Range 29 East, being on the Highlands-Polk County line;
78	thence west along the Highlands-Polk County line to the
79	southeast corner of Township 32 South, Range 28 East; thence
80	north along the range line between Ranges 28 and 29 East, in
81	Townships 32 and 31 South, to the northeast corner of Section 12
82	in Township 31 South, Range 28 East; thence east along the
83	section line to the northeast corner of Section 7, Township 31
84	South, Range 29 East; thence north along the section line to the
85	northwest corner of Section 17, Township 30 South, Range 29
86	East; thence east along the section line to the northeast corner
87	of the west 1/2 of Section 17, Township 30 South, Range 29 East;
88	thence north along the 1/2-section line to the northeast corner
89	of the west 1/2 of Section 5, Township 30 South, Range 29 East;
90	thence west along the section line to the southwest corner of
91	Section 32, Township 29 South, Range 29 East; thence north along
92	the section line to the northeast corner of Section 19 in
93	Township 29 South, Range 29 East; thence west along the north
94	boundaries of Section 19, Township 29 South, Range 29 East, and
95	Sections 24, 23, 22, 21, and 20, Township 29 South, Range 28
96	East, to the northwest corner of said Section 20; thence north
97	along the section line to the intersection of said section line
98	with the west shore line of Lake Pierce in Township 29 South,
99	Range 28 East; thence following the west shore of Lake Pierce to
100	its intersection again with the west section line of Section 5,
101	Township 29 South, Range 28 East; thence north along the section
102	line to the northwest corner of Section 5, Township 29 South,
103	Range 28 East; thence east along the township line to the
104	southwest corner of Section 33, Township 28 South, Range 28
105	East; thence north along the section line to the northwest
106	corner of the southwest 1/4 of the southwest 1/4 of Section 28,
107	Township 28 South, Range 28 East; thence east along the 1/4-
108	section line to the intersection of said 1/4-section line with
109	Lake Pierce; thence follow the shore line northeasterly to its
110	intersection with the 1/2-section line of Section 28, Township
111	28 South, Range 28 East; thence north on the 1/2-section line to
112	the northwest corner of the southeast 1/4 of Section 28,
113	Township 28 South, Range 28 East; thence east to the northeast
114	corner of the southeast 1/4 of Section 28, Township 28 South,
115	Range 28 East; thence south along the section line to the
116	northwest corner of Section 3, Township 29 South, Range 28 East;
117	thence east along the section line to the northeast corner of
118	Section 3, Township 29 South, Range 28 East; thence north along
119	the section line to the northwest corner of Section 23, Township
120	28 South, Range 28 East; thence west along the section line to
121	the southwest corner of Section 16, Township 28 South, Range 28
122	East; thence north along the section line to the northwest
123	corner of Section 16, Township 28 South, Range 28 East; thence
124	west along the section line to the southwest corner of Section
125	8, Township 28 South, Range 28 East; thence north along the
126	section line to the northwest corner of Section 5, Township 28
127	South, Range 28 East; thence west along the township line to the
128	intersection of said township line with Lake Marion; thence
129	following the south shore line of Lake Marion to its
130	intersection again with said township line; thence west along
131	the township line to the southeast corner of Section 36,
132	Township 37 South, Range 27 East; thence north along the range
133	line between Ranges 27 and 28 East to the intersection of said
134	range line with Lake Marion; thence following the west shore of
135	Lake Marion to its intersection again with the range line
136	between Ranges 27 and 28 East; thence north along said range
137	line, in Townships 27 and 26 South, to the northeast corner of
138	Township 26 South, Range 27 East, being on the Polk-Osceola
139	County line; thence west along the Polk-Osceola County line to
140	the northwest corner of Township 26 South, Range 27 East; thence
141	north along the section line to the Lake-Polk County line;
142	thence west along the county line to the southwest corner of
143	Section 32, Township 24 South, Range 26 East; thence into Lake
144	County, north along the section lines to the northeast corner of
145	Section 30, Township 24 South, Range 26 East; thence west along
146	the section lines to the northeast corner of Section 28,
147	Township 24 South, Range 25 East; thence north along the section
148	lines to the northeast corner of Section 16, Township 24 South,
149	Range 25 East; thence west along the section line to the
150	northwest corner of Section 16, Township 24 South, Range 25
151	East; thence north along the section line to the northeast
152	corner of Section 8, Township 24 South, Range 25 East; thence
153	west along the section lines to the range line between Ranges 24
154	and 25; thence north along the range line to the northeast
155	corner of Section 1, Township 23 South, Range 24 East, also
156	being on the township line between Townships 22 and 23 South;
157	thence west along the township line to the northwest corner of
158	Section 6, Township 23 South, Range 24 East also being on the
159	Sumter-Lake County line; thence north along the Sumter-Lake
160	County line, also being the range line between Ranges 23 and 24,
161	to the northeast corner of Section 1, Township 18 South, Range
162	23 East and the Marion County line; thence west, along the
163	Sumter-Marion County line, also being the township line between
164	Townships 17 and 18 South, to the westerly right-of-way line of
165	Interstate Highway 75; thence northerly along the westerly
166	right-of-way line of Interstate Highway 75 to the Alachua-Marion
167	County line, said line also being the township line between
168	Townships 11 and 12 South; thence west along the Alachua-Marion
169	County line to the northwest corner of Section 3, Township 12
170	South, Range 19 East and the Levy County line; thence westerly
171	along the Levy-Alachua County line, also being the township line
172	between Townships 11 and 12 South, to the southeast corner of
173	Section 36, Township 11 South, Range 17 East; thence north along
174	the Levy-Alachua County line, also being the range line between
175	Ranges 17 and 18 East, to the southerly right-of-way line of
176	State Road No. 24; thence southwesterly along said southerly
177	right-of-way line to the easterly right-of-way line of State
178	Road No. 337; thence southerly, along said easterly right-of-way
179	line of State Road No. 337, to the south line of Section 35,
180	Township 14 South, Range 17 East; thence west along the section
181	line to the northwest corner of Section 3, Township 15 South,
182	Range 17 East; thence south along the section lines to the
183	southwest corner of Section 27, Township 15 South, Range 17
184	East; thence west to the Gulf of Mexico; thence south along the
185	Gulf of Mexico, including the waters of said gulf within the
186	jurisdiction of the State of Florida, to the point of beginning.
187	(e)  South Florida Water Management District.--Begin at the
188	intersection of the north boundary of Lee County with the Gulf
189	of Mexico; thence easterly along the Lee-Charlotte County line
190	to the southwest corner of Section 34, Township 42 South, Range
191	24 East; thence northerly along the section lines to the
192	northwest corner of Section 3, Township 42 South, Range 24 East;
193	thence easterly along the Township line between Townships 41 and
194	42 South to the southwest corner of Section 31, Township 41
195	South, Range 26 East; thence northerly along the Range line
196	between Ranges 25 and 26 East to the northwest corner of Section
197	6, Township 41 South, Range 26 East; thence easterly along the
198	Township line between Townships 40 and 41 South to the southwest
199	corner of Section 31, Township 40 South, Range 27 East; thence
200	northerly along the Range line between Ranges 26 and 27 East to
201	the Charlotte-DeSoto County line; thence easterly along the
202	Charlotte-Desoto County line to the west line of Highlands
203	County; thence northerly along the Highlands-Desoto County line
204	and along the Highlands-Hardee County line to the northwest
205	corner of Section 6, Township 33 South, Range 28 East; thence
206	east Township 36 South, Range 28 East; thence east along the
207	north boundary of Township 36 South to the northeast corner of
208	Section 1, Township 36 South, Range 28 East; thence south along
209	the range line to the southeast corner of Section 12, Township
210	37 South, Range 28 East; thence east along the section line to
211	the northeast corner of Section 15, Township 37 South, Range 29
212	East; thence south along the section line to the southeast
213	corner of Section 34, Township 37 South, Range 29 East; thence
214	east along the township line to the northeast corner of Section
215	1, Township 38 South, Range 29 East; thence south along the
216	range line to the southeast corner of Section 1, Township 39
217	South, Range 29 East; thence east along the section line to the
218	northwest corner of Section 11, Township 39 South, Range 30
219	East; thence north along the section line to the southwest
220	corner of Section 35, Township 38 South, Range 30 East; thence
221	east along the township line to the southeast corner of the west
222	1/4 of Section 35, Township 38 South, Range 30 East; thence
223	north along the 1/4-section line of Sections 35, 26, and 23,
224	Township 38 South, Range 30 East to the northeast corner of the
225	west 1/4 section of Section 23, Township 38 South, Range 30
226	East; thence west along the section line to the northwest corner
227	of Section 23, Township 38 South, Range 30 East; thence north
228	along the section line to the northwest corner of Section 2,
229	Township 37 South, Range 30 East; thence west along the township
230	line to the southwest corner of Section 34, Township 36 South,
231	Range 30 East; thence north along the section line to the
232	northwest corner of Section 3, Township 36 South, Range 30 East;
233	thence west along the township line to the southwest corner of
234	Section 31, Township 35 South, Range 30 East; thence north along
235	the range line between Ranges 29 and 30 East, through Townships
236	35, 34, and 33 South, to the northwest corner of Township 33
237	South, Range 30 East, being on the Highlands-Polk County line;
238	thence west along the Highlands-Polk County line to the
239	southwest corner of Township 32 South, Range 29 East; thence
240	north along the range line between Ranges 28 and 29 East, in
241	Townships 32 and 31 South, to the northwest corner of Section 7
242	in Township 31 South, Range 29 East; thence east along the
243	section line to the northeast corner of Section 7, Township 31
244	South, Range 29 East; thence north along the section line to the
245	northwest corner of Section 17, Township 30 South, Range 29
246	East; thence east along the section line to the northeast corner
247	of the west 1/2 of Section 17, Township 30 South, Range 29 East;
248	thence north along the 1/2-section line to the northeast corner
249	of the west 1/2 of Section 5, Township 30 South, Range 29 East;
250	thence west along the section line to the southwest corner of
251	Section 32, Township 29 South, Range 29 East; thence north along
252	the section line to the northeast corner of Section 19 in
253	Township 29 South, Range 29 East; thence west along the south
254	boundaries of Section 18, Township 29 South, Range 29 East and
255	Sections 13, 14, 15, 16, and 17 in Township 29 South, Range 28
256	East, to the southwest corner of said Section 17; thence north
257	along the section line to the intersection of said section line
258	with the west shore line of Lake Pierce in Township 29 South,
259	Range 28 East; thence following the west shore of Lake Pierce to
260	its intersection again with the west section line of Section 5,
261	Township 29 South, Range 28 East; thence north along the section
262	line to the northwest corner of Section 5, Township 29 South,
263	Range 28 East; thence east along the township line to the
264	southwest corner of Section 33, Township 28 South, Range 28
265	East; thence north along the section line to the northwest
266	corner of the southwest 1/4 of the southwest 1/4 of Section 28,
267	Township 28 South, Range 28 East; thence east along the 1/4-
268	section line to the intersection of said 1/4-section line with
269	Lake Pierce; thence follow the shore line northeasterly to its
270	intersection with the 1/2-section line of Section 28, Township
271	28 South, Range 28 East; thence north on the 1/2-section line to
272	the northwest corner of the southeast 1/4 of Section 28,
273	Township 28 South, Range 28 East; thence east along the 1/2-
274	section line to the northeast corner of the southeast 1/4 of
275	Section 28, Township 28 South, Range 28 East; thence south along
276	the section line to the northwest corner of Section 3, Township
277	29 South, Range 28 East; thence east along the section line to
278	the northeast corner of Section 3, Township 29 South, Range 28
279	East; thence north along the section line to the northwest
280	corner of Section 23, Township 28 South, Range 28 East; thence
281	west along the section line to the southwest corner of Section
282	16, Township 28 South, Range 28 East; thence north along the
283	section line to the northwest corner of Section 16, Township 28
284	South, Range 28 East; thence west along the section line to the
285	southwest corner of Section 8, Township 28 South, Range 28 East;
286	thence north along the section line to the northwest corner of
287	Section 5, Township 28 South, Range 28 East; thence west along
288	the township line to the intersection of said township line with
289	Lake Marion; thence following the south shore line of Lake
290	Marion to its intersection again with said township line; thence
291	west along the township line to the southeast corner of Section
292	36, Township 27 South, Range 27 East; thence north along the
293	range line between Ranges 27 and 28 East to the intersection of
294	said range line with Lake Marion; thence following the west
295	shore of Lake Marion to its intersection again with the range
296	line between Ranges 27 and 28 East; thence north along said
297	range line, in Townships 27 and 26 South, to the northwest
298	corner of Township 26 South, Range 28 East, being on the Polk-
299	Osceola County line; thence west along the Polk-Osceola County
300	line to the southwest corner of Township 25 South, Range 27
301	East; thence northerly along the range line between Ranges 26
302	and 27 East to the northwest corner of Section 18, Township 23
303	South, Range 27 East; thence easterly along the section lines to
304	the southwest corner of Section 12, Township 23 South, Range 27
305	East; thence northerly along the section lines to the northwest
306	corner of Section 1, Township 23 South, Range 27 East; thence
307	easterly along the Township line between Townships 22 and 23
308	South to the southwest corner of Section 31, Township 22 South,
309	Range 29 East; thence northerly along the Range line between
310	Ranges 28 and 29 East to the northwest corner of Section 30,
311	Township 22 South, Range 29 East; thence easterly along the
312	section lines to the westerly right-of-way line of U.S. Highway
313	441; thence southerly along the westerly right-of-way line to
314	the intersection with the northerly right-of-way line of State
315	Road 528A; thence easterly along the northerly right-of-way line
316	to the intersection with the northerly right-of-way line of
317	State Road 528, also known as the Bee Line Expressway; thence
318	easterly along the northerly right-of-way line of State Road 528
319	to the intersection with the range line between Township 23
320	South, Range 31 East and Township 23 South, Range 32 East;
321	thence southerly along the Range line between Ranges 31 and 32
322	East to the Orange-Osceola County line; thence easterly along
323	said county line between Townships 24 and 25 South to the
324	northeast corner of Section 5, Township 25 South, Range 32 East;
325	thence southerly along the section lines to the southeast corner
326	of Section 32, Township 25 South, Range 32 East; thence easterly
327	along the Township line between Townships 25 and 26 South to the
328	northeast corner of Section 1, Township 26 South, Range 32 East;
329	thence southerly along the Range line between Ranges 32 and 33
330	East to the southeast corner of Section 36, Township 27 South,
331	Range 32 East; thence westerly along the township line between
332	Townships 27 and 28 South, to the northeast corner of Section 1,
333	Township 28 South, Range 32 East; thence southerly along the
334	Range line between Ranges 32 and 33 East to the southeast corner
335	of Section 36, Township 29 South, Range 32 East; thence easterly
336	along the Township line between Townships 29 and 30 South to the
337	northeast corner of Section 1, Township 30 South, Range 33 East;
338	thence southerly along the Range line between Ranges 33 and 34
339	East to the southeast corner of Section 36, Township 30 South,
340	Range 33 East; thence westerly along the Township line between
341	Townships 30 and 31 South to the northeast corner of Section 4,
342	Township 31 South, Range 33 East; thence southerly along the
343	section lines to the Osceola-Okeechobee County line; thence
344	easterly along said county line to the northeast corner of
345	Section 3, Township 33 South, Range 34 East; thence southerly
346	along the section lines to the southeast corner of Section 34,
347	Township 34 South, Range 34 East; thence easterly along the
348	Township line between Townships 34 and 35 South to the southwest
349	corner of Section 36, Township 34 South, Range 35 East; thence
350	northerly along the section lines to the northwest corner of
351	Section 13, Township 34 South, Range 35 East; thence easterly
352	along the section line to the Range line between Ranges 35 and
353	36 East; thence northerly along said Range line to the northwest
354	corner of Section 18, Township 34 South, Range 36 East; thence
355	easterly along the section lines to the southwest corner of
356	Section 10, Township 34 south, Range 36 East; thence northerly
357	along the section line to the northwest corner of said Section
358	10; thence easterly along the section lines to the Okeechobee-
359	St. Lucie County line; thence northerly along said county line
360	to the south line of Indian River County; thence easterly along
361	the St. Lucie-Indian River County line to the Atlantic Ocean;
362	thence southerly along the Atlantic Ocean to the Gulf of Mexico;
363	thence northerly along the Gulf of Mexico, including the waters
364	of said Ocean and of said Gulf and the islands therein within
365	the jurisdiction of the State of Florida, to the point of
366	beginning.
367	Section 2.  Present subsection (3) of section 373.0691,
368	Florida Statutes, is renumbered as subsection (4) and a new
369	subsection (3) is added to said section to read:
370	373.0691  Transfer of areas.--
371	(3)  Effective at 12:01 a.m. on July 1, 2005, that portion
372	of Highlands County formerly within the Southwest Florida Water
373	Management District as set forth in s. 373.069 is transferred to
374	the South Florida Water Management District. With respect to the
375	area transferred and at the time of the change of boundaries,
376	all contractual obligations of the Southwest Florida Water
377	Management District, all real property interests owned by the
378	Southwest Florida Water Management District, all regulatory
379	responsibilities of the Southwest Florida Water Management
380	District, all equipment and other personal property used solely
381	by the Southwest Florida Water Management District in that area,
382	and all records of the Southwest Florida Water Management
383	District shall be transferred and delivered to the South Florida
384	Water Management District. However, the Southwest Florida Water
385	Management District shall take final agency action on any permit
386	applications received before July 1, 2005, after which all
387	matters related to any such permits issued shall be regulated by
388	the South Florida Water Management District.
389	Section 3.  Paragraph (e) of subsection (2) of section
390	373.073, Florida Statutes, is amended to read:
391	373.073  Governing board.--
392	(2)  Membership on governing boards shall be selected from
393	candidates who have significant experience in one or more of the
394	following areas, including, but not limited to: agriculture, the
395	development industry, local government, government-owned or
396	privately owned water utilities, law, civil engineering,
397	environmental science, hydrology, accounting, or financial
398	businesses. Notwithstanding the provisions of any other general
399	or special law to the contrary, vacancies in the governing
400	boards of the water management districts shall be filled
401	according to the following residency requirements, representing
402	areas designated by the United States Water Resources Council in
403	United States Geological Survey, River Basin and Hydrological
404	Unit Map of Florida--1975, Map Series No. 72:
405	(e)  Southwest Florida Water Management District:
406	1.  Two members shall reside in Hillsborough County.
407	2.  One member shall reside in the area consisting of
408	Hillsborough and Pinellas Counties.
409	3.  Two members shall reside in Pinellas County.
410	4.  One member shall reside in Manatee County.
411	5.  One member shall reside in Polk County.
412	6.  One member shall reside in Pasco County.
413	7.  One member shall be appointed at large from Levy,
414	Marion, Citrus, Sumter, Hernando, and Lake Counties.
415	8.  One member shall be appointed at large from Sarasota,
416	Hardee, DeSoto, and Charlotte, and Highlands Counties.
417	9.  One member shall be appointed at large from Levy,
418	Marion, Citrus, Sumter, Hernando, Lake, Sarasota, Hardee,
419	DeSoto, and Charlotte, and Highlands Counties.
420
421	No county described in subparagraph 7., subparagraph 8., or
422	subparagraph 9. shall have more than one member on the governing
423	board.
424	Section 4.  This act shall take effect July 1, 2005.

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