Senate Bill sb2502c1

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    Florida Senate - 2005                           CS for SB 2502

    By the Committee on Environmental Preservation; and Senator
    Dockery




    592-1923-05

  1                      A bill to be entitled

  2         An act relating to water management districts;

  3         creating s. 373.1135, F.S.; authorizing each

  4         water management district to establish a small

  5         business program to encourage small businesses,

  6         including those owned by women and minorities,

  7         to participate in district procurement and

  8         contract activities; amending s. 373.073, F.S.;

  9         allowing a water management district government

10         board member to serve until a replacement has

11         been appointed; amending s. 373.414, F.S.;

12         allowing a petition for a jurisdictional

13         declaratory statement to be submitted to the

14         Department of Environmental Protection or a

15         water management district on or before June 1,

16         1994; providing an effective date.

17  

18  Be It Enacted by the Legislature of the State of Florida:

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20         Section 1.  Section 373.1135, Florida Statutes, is

21  created to read:

22         373.1135  Small business program.--Each water

23  management district, as created in this chapter, may implement

24  a small business program designed to help small businesses,

25  including those owned by women and minorities, to participate

26  in district procurement and contract activities.  The purpose

27  of the program is to spur economic development and support

28  small businesses, including women-owned and minority-owned

29  businesses, to successfully expand in the marketplace. Program

30  specifics shall be provided by rule pursuant to s. 373.113.

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    Florida Senate - 2005                           CS for SB 2502
    592-1923-05




 1         Section 2.  Paragraph (a) of subsection (1) of section

 2  373.073, Florida Statutes, is amended to read:

 3         373.073  Governing board.--

 4         (1)(a)  The governing board of each water management

 5  district shall be composed of 9 members who shall reside

 6  within the district, except that the Southwest Florida Water

 7  Management District shall be composed of 11 members who shall

 8  reside within the district. Members of the governing boards

 9  shall be appointed by the Governor, subject to confirmation by

10  the Senate at the next regular session of the Legislature, and

11  the refusal or failure of the Senate to confirm an appointment

12  creates a vacancy in the office to which the appointment was

13  made.  The term of office for a governing board member is 4

14  years and commences on March 2 of the year in which the

15  appointment is made and terminates on March 1 of the fourth

16  calendar year of the term or continues until a successor is

17  appointed. Terms of office of governing board members shall be

18  staggered to help maintain consistency and continuity in the

19  exercise of governing board duties and to minimize disruption

20  in district operations.

21         Section 3.  Subsection (13) of section 373.414, Florida

22  Statutes, is amended to read:

23         373.414  Additional criteria for activities in surface

24  waters and wetlands.--

25         (13)  Any declaratory statement issued by the

26  department under s. 403.914, 1984 Supplement to the Florida

27  Statutes 1983, as amended, or pursuant to rules adopted

28  thereunder, or by a water management district under s.

29  373.421, in response to a petition filed on or before June 1,

30  1994, shall continue to be valid for the duration of such

31  declaratory statement. Any such petition pending on June 1,

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    Florida Senate - 2005                           CS for SB 2502
    592-1923-05




 1  1994, shall be exempt from the methodology ratified in s.

 2  373.4211, but the rules of the department or the relevant

 3  water management district, as applicable, in effect prior to

 4  the effective date of s. 373.4211, shall apply.  Until May 1,

 5  1998, activities within the boundaries of an area subject to a

 6  petition pending on June 1, 1994, and prior to final agency

 7  action on such petition, shall be reviewed under the rules

 8  adopted pursuant to ss. 403.91-403.929, 1984 Supplement to the

 9  Florida Statutes 1983, as amended, and this part, in existence

10  prior to the effective date of the rules adopted under

11  subsection (9), unless the applicant elects to have such

12  activities reviewed under the rules adopted under this part,

13  as amended in accordance with subsection (9). In the event

14  that a jurisdictional declaratory statement pursuant to the

15  vegetative index in effect prior to the effective date of

16  chapter 84-79, Laws of Florida, has been obtained and is valid

17  prior to the effective date of the rules adopted under

18  subsection (9) or July 1, 1994, whichever is later, and the

19  affected lands are part of a project for which a master

20  development order has been issued pursuant to s. 380.06(21),

21  the declaratory statement shall remain valid for the duration

22  of the buildout period of the project. Any jurisdictional

23  determination validated by the department pursuant to rule

24  17-301.400(8), Florida Administrative Code, as it existed in

25  rule 17-4.022, Florida Administrative Code, on April 1, 1985,

26  shall remain in effect for a period of 5 years following the

27  effective date of this act if proof of such validation is

28  submitted to the department prior to January 1, 1995. In the

29  event that a jurisdictional determination has been revalidated

30  by the department pursuant to this subsection and the affected

31  lands are part of a project for which a development order has

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    Florida Senate - 2005                           CS for SB 2502
    592-1923-05




 1  been issued pursuant to s. 380.06(15), a final development

 2  order to which s. 163.3167(8) applies has been issued, or a

 3  vested rights determination has been issued pursuant to s.

 4  380.06(20), the jurisdictional determination shall remain

 5  valid until the completion of the project, provided proof of

 6  such validation and documentation establishing that the

 7  project meets the requirements of this sentence are submitted

 8  to the department prior to January 1, 1995. Activities

 9  proposed within the boundaries of a valid declaratory

10  statement issued pursuant to a petition submitted to either

11  the department or the relevant water management district on or

12  before prior to June 1, 1994, or a revalidated jurisdictional

13  determination, prior to its expiration shall continue

14  thereafter to be exempt from the methodology ratified in s.

15  373.4211 and to be reviewed under the rules adopted pursuant

16  to ss. 403.91-403.929, 1984 Supplement to the Florida Statutes

17  1983, as amended, and this part, in existence prior to the

18  effective date of the rules adopted under subsection (9),

19  unless the applicant elects to have such activities reviewed

20  under the rules adopted under this part, as amended in

21  accordance with subsection (9).

22         Section 4.  This act shall take effect upon becoming a

23  law.

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    Florida Senate - 2005                           CS for SB 2502
    592-1923-05




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2502

 3                                 

 4  The committee substitute deletes the eminent domain
    provisions.
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    The water management districts are authorized to create a
 6  small business program designed to help small busnesses,
    including those owned by women and minorities, to participate
 7  in district procurement and contract activities. Also, the
    committee substitute allows a  water management district
 8  governing board member to continue to serve at the expiration
    of his or her term until a successor is appointed.
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    The committee substitute also fixes a glitch in the
10  grandfathering provision regarding wetlands jurisdictional
    declaratory statements.
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