Senate Bill sb2502er

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    2005 Legislature          CS for CS for SB 2502, 1st Engrossed



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  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; amending s. 373.0361, F.S.; extending a

17         deadline for water management districts to

18         update certain regional water supply plans;

19         providing an effective date.

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

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23         Section 1.  Section 373.1135, Florida Statutes, is

24  created to read:

25         373.1135  Small business program.--Each water

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

27  a small business program designed to help small businesses,

28  including those owned by women and minorities, to participate

29  in district procurement and contract activities.  The purpose

30  of the program is to spur economic development and support

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


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 1  businesses, to successfully expand in the marketplace. Program

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

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

 4  373.073, Florida Statutes, is amended to read:

 5         373.073  Governing board.--

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

 7  district shall be composed of 9 members who shall reside

 8  within the district, except that the Southwest Florida Water

 9  Management District shall be composed of 11 members who shall

10  reside within the district. Members of the governing boards

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

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

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

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

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

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

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

18  calendar year of the term or may continue until a successor is

19  appointed, but not more than 180 days. Terms of office of

20  governing board members shall be staggered to help maintain

21  consistency and continuity in the exercise of governing board

22  duties and to minimize disruption in district operations.

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

24  Statutes, is amended to read:

25         373.414  Additional criteria for activities in surface

26  waters and wetlands.--

27         (13)  Any declaratory statement issued by the

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

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

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

31  373.421, in response to a petition filed on or before June 1,


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 1  1994, shall continue to be valid for the duration of such

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

 3  1994, shall be exempt from the methodology ratified in s.

 4  373.4211, but the rules of the department or the relevant

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

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

 7  1998, activities within the boundaries of an area subject to a

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

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

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

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

12  prior to the effective date of the rules adopted under

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

14  activities reviewed under the rules adopted under this part,

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

16  that a jurisdictional declaratory statement pursuant to the

17  vegetative index in effect prior to the effective date of

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

19  prior to the effective date of the rules adopted under

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

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

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

23  the declaratory statement shall remain valid for the duration

24  of the buildout period of the project. Any jurisdictional

25  determination validated by the department pursuant to rule

26  17-301.400(8), Florida Administrative Code, as it existed in

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

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

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

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

31  event that a jurisdictional determination has been revalidated


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 1  by the department pursuant to this subsection and the affected

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

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

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

 5  vested rights determination has been issued pursuant to s.

 6  380.06(20), the jurisdictional determination shall remain

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

 8  such validation and documentation establishing that the

 9  project meets the requirements of this sentence are submitted

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

11  proposed within the boundaries of a valid declaratory

12  statement issued pursuant to a petition submitted to either

13  the department or the relevant water management district on or

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

15  determination, prior to its expiration shall continue

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

17  373.4211 and to be reviewed under the rules adopted pursuant

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

19  1983, as amended, and this part, in existence prior to the

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

21  unless the applicant elects to have such activities reviewed

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

23  accordance with subsection (9).

24         Section 4.  Subsection (3) of section 373.0361, Florida

25  Statutes, is amended to read:

26         373.0361  Regional water supply planning.--

27         (3)  Regional water supply plans initiated or completed

28  by July 1, 1997, shall be revised, if necessary, to include a

29  water supply development component and a water resource

30  development component as described in paragraphs (2)(a) and

31  (b). For any regional water supply plan that is scheduled to


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 1  be updated before December 31, 2005, the deadline for such

 2  update shall be extended by 1 year.

 3         Section 5.  This act shall take effect upon becoming a

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