HB 559

1	A bill to be entitled
2	An act relating to water management districts; amending s.
3	373.0693, F.S.; conforming a cross-reference; amending s.
4	373.073, F.S.; eliminating provisions for the appointment
5	of members to water management district governing boards;
6	requiring board members to be elected; providing for
7	staggered terms of office; requiring vacancies to be
8	filled by gubernatorial appointment; directing the
9	governing board of each district to create residence areas
10	of equal population within the district for the purpose of
11	electing members; requiring such elections to be
12	nonpartisan; authorizing board members to amend residence
13	area boundaries under certain circumstances; requiring
14	such amendments to be shown by resolution published for
15	notice purposes and a certified copy of such resolution
16	submitted to the Department of State following adoption;
17	amending s. 373.079, F.S.; providing for inclusion of
18	board members in the Senior Management Service; removing
19	requirements subjecting employment of an executive
20	director to gubernatorial approval and Senate
21	confirmation; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Paragraph (a) of subsection (8) of section
26	373.0693, Florida Statutes, is amended to read:
27	373.0693  Basins; basin boards.--
28	(8)(a)  At 11:59 p.m. on June 30, 1988, the area
29	transferred from the Southwest Florida Water Management District
30	to the St. Johns River Water Management District by change of
31	boundaries pursuant to chapter 76-243, Laws of Florida, shall
32	cease to be a subdistrict or basin of the St. Johns River Water
33	Management District known as the Oklawaha River Basin and said
34	Oklawaha River Basin shall cease to exist. However, any
35	recognition of an Oklawaha River Basin or an Oklawaha River
36	Hydrologic Basin for regulatory purposes shall be unaffected.
37	The area formerly known as the Oklawaha River Basin shall
38	continue to be part of the St. Johns River Water Management
39	District. There shall be established by the governing board of
40	the St. Johns River Water Management District the Oklawaha River
41	Basin Advisory Council to receive public input and advise the
42	St. Johns River Water Management District's governing board on
43	water management issues affecting the Oklawaha River Basin. The
44	Oklawaha River Basin Advisory Council shall be appointed by
45	action of the St. Johns River Water Management District's
46	governing board and shall include one representative from each
47	county which is wholly or partly included in the Oklawaha River
48	Basin. The St. Johns River Water Management District's governing
49	board member whose residence area includes the area generally
50	designated as the Oklawaha River Basin hydrologic unit currently
51	serving pursuant to s. 373.073(2)(c)3. shall serve as chair of
52	the Oklawaha River Basin Advisory Council. Members of the
53	Oklawaha River Basin Advisory Council shall receive no
54	compensation for their services but are entitled to be
55	reimbursed for per diem and travel expenses as provided in s.
56	112.061.
57	Section 2.  Section 373.073, Florida Statutes, is amended
58	to read:
59	373.073  Governing board.--
60	(1)(a)  The governing board of each water management
61	district shall be composed of 9 members who shall reside within
62	the district, except that the Southwest Florida Water Management
63	District shall be composed of 11 members. Each member of the
64	governing board of a water management district shall be a
65	qualified elector of the district in which he or she serves,
66	shall be a resident of the district residence area from which he
67	or she is elected, and shall maintain that residency throughout
68	the term of office who shall reside within the district. Members
69	of the governing boards shall be appointed by the Governor,
70	subject to confirmation by the Senate at the next regular
71	session of the Legislature, and the refusal or failure of the
72	Senate to confirm an appointment creates a vacancy in the office
73	to which the appointment was made. The term of office for a
74	governing board member is 4 years and commences on March 2 of
75	the year in which the appointment is made and terminates on
76	March 1 of the fourth calendar year of the term or may continue
77	until a successor is appointed, but not more than 180 days.
78	Terms of office of governing board members shall be staggered to
79	help maintain consistency and continuity in the exercise of
80	governing board duties and to minimize disruption in district
81	operations.
82	(b)  Commencing January 1, 1999, the Governor shall appoint
83	the following number of governing board members in each year of
84	the Governor's 4-year term of office:
85	1.  In the first year of the Governor's term of office, the
86	Governor shall appoint three members to the governing board of
87	each district.
88	2.  In the second year of the Governor's term of office,
89	the Governor shall appoint three members to the governing board
90	of the Southwest Florida Water Management District and two
91	members to the governing board of each other district.
92	3.  In the third year of the Governor's term of office, the
93	Governor shall appoint three members to the governing board of
94	the Southwest Florida Water Management District and two members
95	to the governing board of each other district.
96	4.  In the fourth year of the Governor's term of office,
97	the Governor shall appoint two members to the governing board of
98	each district.
99
100	For any governing board vacancy that occurs before the date
101	scheduled for the office to be filled under this paragraph, the
102	Governor shall appoint a person meeting residency requirements
103	of subsection (2) for a term that will expire on the date
104	scheduled for the term of that office to terminate under this
105	subsection. In addition to the residency requirements for the
106	governing boards as provided by subsection (2), the Governor
107	shall consider appointing governing board members to represent
108	an equitable cross section of regional interests and technical
109	expertise.
110	(2)  Governing board members shall be elected beginning at
111	the 2008 general election for terms of 4 years, but such terms
112	shall be staggered so that, alternately, one more or one less
113	than half of the members elected from residence areas are
114	elected every 2 years. In order to accomplish staggered terms,
115	at the 2008 general election, members in odd-numbered districts
116	shall be elected for two-year terms. The term of office shall
117	begin on the first Tuesday after the first Monday in January of
118	the year immediately following the general election. A vacancy
119	in office shall be filled by appointment of the Governor for the
120	remainder of the term if less than 28 months remaining in the
121	term, otherwise until the first Tuesday after the first Monday
122	in January of the year immediately following the next general
123	election. Membership on governing boards shall be selected from
124	candidates who have significant experience in one or more of the
125	following areas, including, but not limited to: agriculture, the
126	development industry, local government, government-owned or
127	privately owned water utilities, law, civil engineering,
128	environmental science, hydrology, accounting, or financial
129	businesses. Notwithstanding the provisions of any other general
130	or special law to the contrary, vacancies in the governing
131	boards of the water management districts shall be filled
132	according to the following residency requirements, representing
133	areas designated by the United States Water Resources Council in
134	United States Geological Survey, River Basin and Hydrological
135	Unit Map of Florida--1975, Map Series No. 72:
136	(a)  Northwest Florida Water Management District:
137	1.  One member shall reside in the area generally
138	designated as the "Perdido River Basin-Perdido Bay Coastal Area-
139	Lower Conecuh River-Escambia River Basin" hydrologic units and
140	that portion of the "Escambia Bay Coastal Area" hydrologic unit
141	which lies west of Pensacola Bay and Escambia Bay.
142	2.  One member shall reside in the area generally
143	designated as the "Blackwater River Basin-Yellow River Basin-
144	Choctawhatchee Bay Coastal Area" hydrologic units and that
145	portion of the "Escambia Bay Coastal Area" hydrologic unit which
146	lies east of Pensacola Bay and Escambia Bay.
147	3.  One member shall reside in the area generally
148	designated as the "Choctawhatchee River Basin-St. Andrews Bay
149	Coastal Area" hydrologic units.
150	4.  One member shall reside in the area generally
151	designated as the "Lower Chattahoochee-Apalachicola River-
152	Chipola River Basin-Coastal Area between Ochlockonee River
153	Apalachicola Rivers-Apalachicola Bay coastal area and offshore
154	islands" hydrologic units.
155	5.  One member shall reside in the area generally
156	designated as the "Ochlockonee River Basin-St. Marks and Wakulla
157	Rivers and coastal area between Aucilla and Ochlockonee River
158	Basin" hydrologic units.
159	6.  Four members shall be appointed at large, except that
160	no county shall have more than two members on the governing
161	board.
162	(b)  Suwannee River Water Management District:
163	1.  One member shall reside in the area generally
164	designated as the "Aucilla River Basin" hydrologic unit.
165	2.  One member shall reside in the area generally
166	designated as the "Coastal Area between Suwannee and Aucilla
167	Rivers" hydrologic unit.
168	3.  One member shall reside in the area generally
169	designated as the "Withlacoochee River Basin-Alapaha River
170	Basin-Suwannee River Basin above the Withlacoochee River"
171	hydrologic units.
172	4.  One member shall reside in the area generally
173	designated as the "Suwannee River Basin below the Withlacoochee
174	River excluding the Santa Fe River Basin" hydrologic unit.
175	5.  One member shall reside in the area generally
176	designated as the "Santa Fe Basin-Waccasassa River and coastal
177	area between Withlacoochee and Suwannee River" hydrologic units.
178	6.  Four members shall be appointed at large, except that
179	no county shall have more than two members on the governing
180	board.
181	(c)  St. Johns River Water Management District:
182	1.  One member shall reside in the area generally
183	designated as the "St. Mary River Basin-Coastal area between St.
184	Marys and St. Johns Rivers" hydrologic units.
185	2.  One member shall reside in the area generally
186	designated as the "St. Johns River Basin below Oklawaha River-
187	Coastal area between the St. Johns River and Ponce de Leon
188	Inlet" hydrologic units.
189	3.  One member shall reside in the area generally
190	designated as the "Oklawaha River Basin" hydrologic unit.
191	4.  One member shall reside in the area generally
192	designated as the "St. Johns River Basin above the Oklawaha
193	River" hydrologic unit.
194	5.  One member shall reside in the area generally
195	designated as the "Coastal area between Ponce de Leon Inlet and
196	Sebastian Inlet-Coastal area Sebastian Inlet to St. Lucie River"
197	hydrologic units.
198	6.  Four members shall be appointed at large, except that
199	no county shall have more than two members on the governing
200	board.
201	(d)  South Florida Water Management District:
202	1.  Two members shall reside in Dade County.
203	2.  One member shall reside in Broward County.
204	3.  One member shall reside in Palm Beach County.
205	4.  One member shall reside in Collier County, Lee County,
206	Hendry County, or Charlotte County.
207	5.  One member shall reside in Glades County, Okeechobee
208	County, Highlands County, Polk County, Orange County, or Osceola
209	County.
210	6.  Two members, appointed at large, shall reside in an
211	area consisting of St. Lucie, Martin, Palm Beach, Broward, Dade,
212	and Monroe Counties.
213	7.  One member, appointed at large, shall reside in an area
214	consisting of Collier, Lee, Charlotte, Hendry, Glades, Osceola,
215	Okeechobee, Polk, Highlands, and Orange Counties.
216	8.  No county shall have more than three members on the
217	governing board.
218	(e)  Southwest Florida Water Management District:
219	1.  Two members shall reside in Hillsborough County.
220	2.  One member shall reside in the area consisting of
221	Hillsborough and Pinellas Counties.
222	3.  Two members shall reside in Pinellas County.
223	4.  One member shall reside in Manatee County.
224	5.  One member shall reside in Polk County.
225	6.  One member shall reside in Pasco County.
226	7.  One member shall be appointed at large from Levy,
227	Marion, Citrus, Sumter, Hernando, and Lake Counties.
228	8.  One member shall be appointed at large from Sarasota,
229	Hardee, DeSoto, Charlotte, and Highlands Counties.
230	9.  One member shall be appointed at large from Levy,
231	Marion, Citrus, Sumter, Hernando, Lake, Sarasota, Hardee,
232	DeSoto, Charlotte, and Highlands Counties.
233
234	No county described in subparagraph 7., subparagraph 8., or
235	subparagraph 9. shall have more than one member on the governing
236	board.
237	(3)  For the purpose of electing district governing board
238	members, the existing governing board shall divide each district
239	into residence areas, which shall be numbered consecutively and
240	which shall, as nearly as practicable, be equal in population.
241	District governing board members shall reside one in each of the
242	residence areas, the areas together covering the entire
243	district, each of whom shall be elected only by the qualified
244	electors who reside in the same residence area as the member.
245	(4)  District governing board members shall run in
246	nonpartisan elections and qualify with the Division of Elections
247	of the Department of State pursuant to the requirements of s.
248	99.061 for multicounty district office.
249	(5)  Once elected members have been seated, the district
250	governing board may amend the boundaries of any residence area
251	at a meeting of the governing board, provided that:
252	(a)  Such amendments shall be made only in odd-numbered
253	years; and
254	(b)  No amendment affecting the residence qualifications of
255	an incumbent member shall disqualify such incumbent member
256	during the term for which he or she is elected.
257	(6)  Amendments to boundaries of a residence area shall be
258	shown by resolution published at least once in a newspaper
259	published in the district within 30 days after the adoption of
260	the resolution. A certified copy of the resolution shall be
261	transmitted to the Department of State within 30 days after
262	adoption of the resolution.
263	Section 3.  Section 373.079, Florida Statutes, is amended
264	to read:
265	373.079  Members of governing board; oath of office;
266	staff.--
267	(1)  Each member of the governing board of the district,
268	before entering upon his or her official duties, shall take and
269	subscribe to an oath, before some officer authorized by law to
270	administer oaths, that the member will honestly, faithfully, and
271	impartially perform the duties devolving upon him or her in
272	office as member of the governing board of the district to which
273	the member was elected appointed and that he or she will not
274	neglect any of the duties imposed upon him or her by this
275	chapter.
276	(2)  Immediately after their election appointment, and
277	every 2 years thereafter, the governing board shall meet at some
278	convenient place and choose some suitable person, who may or may
279	not be a member of the governing board, and who may be required
280	to execute bond for the faithful performance of his or her
281	duties as the governing board may determine, as secretary. Such
282	board shall adopt a seal with a suitable device and shall keep a
283	well-bound book entitled, in effect, "Record of Governing Board
284	of _____ District," in which shall be recorded minutes of all
285	meetings, resolutions, proceedings, certificates, bonds given by
286	all employees, and any and all corporate acts, which book shall
287	at reasonable times be open to the inspection of any citizen of
288	this state or taxpayer in the district or his or her agent or
289	attorney.
290	(3)  The chair and members of the board shall be exempt
291	from part II of chapter 110 and included in the Senior
292	Management Service in accordance with s. 110.205(2)(f) receive
293	no compensation for services as such; but, while officially on
294	work for the district, they shall receive their actual travel
295	expenses between their respective places of residence and the
296	place where official district business is conducted,
297	subsistence, lodging, and other expenses in the actual amount
298	incurred therefor. These expenses may not exceed the statutory
299	amount allowed state officers and employees. Payment or
300	reimbursement to governing board members for the use of private
301	or charter aircraft may be no greater than that allowed for
302	commercial air travel for equivalent distances. This subsection
303	applies retroactively to the effective date of the creation of
304	each of the five separate water management districts.
305	(4)(a)  The governing board of the district is authorized
306	to employ an executive director, ombudsman, and such engineers,
307	other professional persons, and other personnel and assistants
308	as it deems necessary and under such terms and conditions as it
309	may determine and to terminate such employment. The appointment
310	of an executive director by the governing board is subject to
311	approval by the Governor and must be initially confirmed by the
312	Florida Senate. The governing board may delegate all or part of
313	its authority under this paragraph to the executive director.
314	The executive director must be confirmed by the Senate upon
315	employment and must be confirmed or reconfirmed by the Senate
316	during the second regular session of the Legislature following a
317	gubernatorial election.
318	(b)1.  The governing board of each water management
319	district shall employ an inspector general, who shall report
320	directly to the board. However, the governing boards of the
321	Suwannee River Water Management District and the Northwest
322	Florida Water Management District may jointly employ an
323	inspector general, or provide for inspector general services by
324	interagency agreement with a state agency or water management
325	district inspector general.
326	2.  An inspector general must have the qualifications
327	prescribed and perform the applicable duties of state agency
328	inspectors general as provided in s. 20.055.
329	(5)  The executive director may employ a legal staff for
330	the purposes of:
331	(a)  Providing legal counsel to the executive director and
332	district staff on matters relating to the day-to-day operations
333	of the district;
334	(b)  Representing the district in all proceedings of an
335	administrative or judicial nature; and
336	(c)  Otherwise assisting in the administration of the
337	provisions of this chapter.
338
339	Attorneys employed by the governing board must represent the
340	legal interest or position of the governing board.
341	(6)  By resolution the governing board may determine the
342	location of its principal office and provide for the change
343	thereof.
344	(7)  The governing board shall meet at least once a month
345	and upon call of the chair.
346	Section 4.  This act shall take effect July 1, 2006.

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