Senate Bill sb2502er
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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
4 law.
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