HB 1217

1	A bill to be entitled
2	An act relating to water management districts; amending s.
3	373.073, F.S.; requiring the election rather than
4	appointment of members of the governing boards of the
5	water management districts; providing for termination of
6	terms of current officeholders; providing for terms of
7	office, nonpartisan elections, filling of vacancies, and
8	residency requirements; amending s. 373.536, F.S.;
9	revising provisions relating to the fiscal year and budget
10	submission; transferring budget approval authority from
11	the Executive Office of the Governor to the Legislature;
12	revising provisions relating to the review and submission
13	of water management district budgets; amending s. 373.026,
14	F.S.; conforming a reference; prescribing an annual salary
15	and funding source for members; prohibiting the denial of
16	a permit for a well or water usage to grow agricultural
17	seed stock or plants under certain circumstances;
18	providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Section 373.073, Florida Statutes, is amended
23	to read:
24	373.073  Governing board.--
25	(1)(a)  The governing board of each water management
26	district shall be composed of 9 elected members who must shall
27	reside within the district, except that the Southwest Florida
28	Water Management District shall be composed of 13 elected
29	members who must shall reside within the district. Members of
30	the governing boards shall be appointed by the Governor, subject
31	to confirmation by the Senate at the next regular session of the
32	Legislature, and the refusal or failure of the Senate to confirm
33	an appointment creates a vacancy in the office to which the
34	appointment was made.
35	(b)  The term of a member currently appointed to the
36	governing board of a water management district office shall
37	terminate upon the swearing in of an elected member.
38	(c)  The term of office for a governing board member is 4
39	years and commences on the first Tuesday after the first Monday
40	in January after the previous general election. The office is a
41	nonpartisan office and candidates for such office are prohibited
42	from campaigning or qualifying for election based on party
43	affiliation. Each candidate for water management district board
44	member shall qualify as provided under chapter 99. March 2 of
45	the year in which the appointment is made and terminates on
46	March 1 of the fourth calendar year of the term or may continue
47	until a successor is appointed, but not more than 180 days.
48	Terms of office of governing board members shall be staggered to
49	help maintain consistency and continuity in the exercise of
50	governing board duties and to minimize disruption in district
51	operations.
52	(b)  Commencing January 1, 1999, the Governor shall appoint
53	the following number of governing board members in each year of
54	the Governor's 4-year term of office:
55	1.  In the first year of the Governor's term of office, the
56	Governor shall appoint three members to the governing board of
57	each district.
58	2.  In the second year of the Governor's term of office,
59	the Governor shall appoint three members to the governing board
60	of the Southwest Florida Water Management District and two
61	members to the governing board of each other district.
62	3.  In the third year of the Governor's term of office, the
63	Governor shall appoint three members to the governing board of
64	the Southwest Florida Water Management District and two members
65	to the governing board of each other district.
66	4.  In the fourth year of the Governor's term of office,
67	the Governor shall appoint two members to the governing board of
68	each district.
69
70	For any governing board vacancy that occurs before the next date
71	scheduled election for that the office to be filled under this
72	paragraph, the Governor shall appoint a person who meets the
73	applicable meeting residency requirements of subsection (2) to
74	complete the term of that office for a term that will expire on
75	the date scheduled for the term of that office to terminate
76	under this subsection. In addition to the residency requirements
77	for the governing boards as provided by subsection (2), the
78	Governor shall consider appointing governing board members to
79	represent an equitable cross-section of regional interests and
80	technical expertise.
81	(2)  Election to membership on governing boards must be in
82	accordance with shall be selected from candidates who have
83	significant experience in one or more of the following areas,
84	including, but not limited to: agriculture, the development
85	industry, local government, government-owned or privately owned
86	water utilities, law, civil engineering, environmental science,
87	hydrology, accounting, or financial businesses. Notwithstanding
88	the provisions of any other general or special law to the
89	contrary, vacancies in the governing boards of the water
90	management districts shall be filled according to the following
91	residency requirements, representing areas designated by the
92	United States Water Resources Council in United States
93	Geological Survey, River Basin and Hydrological Unit Map of
94	Florida--1975, Map Series No. 72:
95	(a)  Northwest Florida Water Management District:
96	1.  One member must shall reside in the area generally
97	designated as the "Perdido River Basin-Perdido Bay Coastal Area-
98	Lower Conecuh River-Escambia River Basin" hydrologic units and
99	that portion of the "Escambia Bay Coastal Area" hydrologic unit
100	which lies west of Pensacola Bay and Escambia Bay.
101	2.  One member must shall reside in the area generally
102	designated as the "Blackwater River Basin-Yellow River Basin-
103	Choctawhatchee Bay Coastal Area" hydrologic units and that
104	portion of the "Escambia Bay Coastal Area" hydrologic unit which
105	lies east of Pensacola Bay and Escambia Bay.
106	3.  One member must shall reside in the area generally
107	designated as the "Choctawhatchee River Basin-St. Andrews Bay
108	Coastal Area" hydrologic units.
109	4.  One member must shall reside in the area generally
110	designated as the "Lower Chattahoochee-Apalachicola River-
111	Chipola River Basin-Coastal Area between Ochlockonee River
112	Apalachicola Rivers-Apalachicola Bay coastal area and offshore
113	islands" hydrologic units.
114	5.  One member must shall reside in the area generally
115	designated as the "Ochlockonee River Basin-St. Marks and Wakulla
116	Rivers and coastal area between Aucilla and Ochlockonee River
117	Basin" hydrologic units.
118	6.  Four members shall be elected appointed at large,
119	except that no county shall have more than two members on the
120	governing board.
121	(b)  Suwannee River Water Management District:
122	1.  One member must shall reside in the area generally
123	designated as the "Aucilla River Basin" hydrologic unit.
124	2.  One member must shall reside in the area generally
125	designated as the "Coastal Area between Suwannee and Aucilla
126	Rivers" hydrologic unit.
127	3.  One member must shall reside in the area generally
128	designated as the "Withlacoochee River Basin-Alapaha River
129	Basin-Suwannee River Basin above the Withlacoochee River"
130	hydrologic units.
131	4.  One member must shall reside in the area generally
132	designated as the "Suwannee River Basin below the Withlacoochee
133	River excluding the Santa Fe River Basin" hydrologic unit.
134	5.  One member must shall reside in the area generally
135	designated as the "Santa Fe Basin-Waccasassa River and coastal
136	area between Withlacoochee and Suwannee River" hydrologic units.
137	6.  Four members shall be elected appointed at large,
138	except that no county shall have more than two members on the
139	governing board.
140	(c)  St. Johns River Water Management District:
141	1.  One member must shall reside in the area generally
142	designated as the "St. Marys River Basin-Coastal area between
143	St. Marys and St. Johns Rivers" hydrologic units.
144	2.  One member must shall reside in the area generally
145	designated as the "St. Johns River Basin below Oklawaha River-
146	Coastal area between the St. Johns River and Ponce de Leon
147	Inlet" hydrologic units.
148	3.  One member must shall reside in the area generally
149	designated as the "Oklawaha River Basin" hydrologic unit.
150	4.  One member must shall reside in the area generally
151	designated as the "St. Johns River Basin above the Oklawaha
152	River" hydrologic unit.
153	5.  One member must shall reside in the area generally
154	designated as the "Coastal area between Ponce de Leon Inlet and
155	Sebastian Inlet-Coastal area Sebastian Inlet to St. Lucie River"
156	hydrologic units.
157	6.  Four members shall be elected appointed at large,
158	except that no county shall have more than two members on the
159	governing board.
160	(d)  South Florida Water Management District:
161	1.  Two members must shall reside in Miami-Dade County.
162	2.  One member must shall reside in Broward County.
163	3.  One member must shall reside in Palm Beach County.
164	4.  One member must shall reside in Collier County, Lee
165	County, Hendry County, or Charlotte County.
166	5.  One member must shall reside in Glades County,
167	Okeechobee County, Highlands County, Polk County, Orange County,
168	or Osceola County.
169	6.  Two members, elected appointed at large, must shall
170	reside in an area consisting of St. Lucie County, Martin County,
171	Palm Beach County, Broward County, Miami-Dade County, or and
172	Monroe County Counties.
173	7.  One member, elected appointed at large, must shall
174	reside in an area consisting of Collier County, Lee County,
175	Charlotte County, Hendry County, Glades County, Osceola County,
176	Okeechobee County, Polk County, Highlands County, or and Orange
177	County Counties.
178	8.  No county shall have more than three members on the
179	governing board.
180	(e)  Southwest Florida Water Management District:
181	1.  Two members shall reside in Hillsborough County.
182	2.  One member must shall reside in the area consisting of
183	Hillsborough and Pinellas Counties.
184	3.  Two members must shall reside in Pinellas County.
185	4.  One member must shall reside in Manatee County.
186	5.  Two members must shall reside in Polk County.
187	6.  One member must shall reside in Pasco County.
188	7.  One member must shall be elected appointed at large
189	from Levy County, Citrus County, Sumter County, or and Lake
190	County Counties.
191	8.  One member shall be elected appointed at large from
192	Hardee County, DeSoto County, or and Highlands County Counties.
193	9.  One member shall be elected appointed at large from
194	Marion County or and Hernando County Counties.
195	10.  One member shall be elected appointed at large from
196	Sarasota County or and Charlotte County Counties.
197	Section 2.  Subsections (1), (2), and (5) of section
198	373.536, Florida Statutes, are amended to read:
199	373.536  District budget and hearing thereon.--
200	(1)  FISCAL YEAR.--The fiscal year of districts created
201	under the provisions of this chapter shall extend from July
202	October 1 of one year through June September 30 of the following
203	year.
204	(2)  BUDGET SUBMITTAL.--The budget officer of the district
205	shall, on or before July 15 of each year, submit for
206	consideration by the governing board of the district a tentative
207	budget for the district covering its proposed operations and
208	funding requirements for the ensuing fiscal year.
209	(5)  TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND
210	APPROVAL.--
211	(a)  The Legislature Executive Office of the Governor is
212	authorized to approve or disapprove, in whole or in part, the
213	budget of each water management district and shall analyze each
214	budget as to the adequacy of fiscal resources available to the
215	district and the adequacy of district expenditures related to
216	water supply, including water resource development projects
217	identified in the district's regional water supply plans; water
218	quality; flood protection and floodplain management; and natural
219	systems. This analysis shall be based on the particular needs
220	within each water management district in those four areas of
221	responsibility.
222	(b)  The Executive Office of the Governor and the water
223	management districts shall develop a process to facilitate
224	review and communication regarding water management district
225	budgets, as necessary. Written disapproval of any provision in
226	the tentative budget must be received by the district at least 5
227	business days prior to the final district budget adoption
228	hearing conducted under s. 200.065(2)(d). If written disapproval
229	of any portion of the budget is not received at least 5 business
230	days prior to the final budget adoption hearing, the governing
231	board may proceed with final adoption. Any provision rejected by
232	the Governor shall not be included in a district's final budget.
233	(b)(c)  Each water management district shall, by January
234	August 1 of each year, submit for review a tentative budget to
235	the Governor, the President of the Senate, the Speaker of the
236	House of Representatives, the chairs of all legislative
237	committees and subcommittees with substantive or fiscal
238	jurisdiction over water management districts, as determined by
239	the President of the Senate or the Speaker of the House of
240	Representatives as applicable, the secretary of the department,
241	and the governing body of each county in which the district has
242	jurisdiction or derives any funds for the operations of the
243	district.
244	(c)(d)  The tentative budget must set forth the proposed
245	expenditures of the district, to which may be added an amount to
246	be held as reserve. The tentative budget must include, but is
247	not limited to, the following information for the preceding
248	fiscal year and the current fiscal year, and the proposed
249	amounts for the upcoming fiscal year, in a standard format
250	prescribed by the Legislature Executive Office of the Governor:
251	1.  The estimated amount of funds remaining at the
252	beginning of the fiscal year which have been obligated for the
253	payment of outstanding commitments not yet completed.
254	2.  The estimated amount of unobligated funds or net cash
255	balance on hand at the beginning of the fiscal year, and the
256	estimated amount of funds to be raised by district taxes or
257	received from other sources to meet the requirements of the
258	district.
259	3.  The millage rates and the percentage increase above the
260	rolled-back rate, together with a summary of the reasons the
261	increase is required, and the percentage increase in taxable
262	value resulting from new construction within the district.
263	4.  The salaries and benefits, expenses, operating capital
264	outlay, number of authorized positions, and other personal
265	services for the following program areas of the district:
266	a.  Water resource planning and monitoring;
267	b.  Land acquisition, restoration, and public works;
268	c.  Operation and maintenance of works and lands;
269	d.  Regulation;
270	e.  Outreach for which the information provided must
271	contain a full description and accounting of expenditures for
272	water resources education; public information and public
273	relations, including public service announcements and
274	advertising in any media; and lobbying activities related to
275	local, regional, state and federal governmental affairs, whether
276	incurred by district staff or through contractual services; and
277	f.  Management and administration.
278
279	In addition to the program areas reported by all water
280	management districts, the South Florida Water Management
281	District shall include in its budget document separate sections
282	on all costs associated with the Everglades Construction Project
283	and the Comprehensive Everglades Restoration Plan.
284	5.  The total estimated amount in the district budget for
285	each area of responsibility listed in subparagraph 4. and for
286	water resource development projects identified in the district's
287	regional water supply plans.
288	6.  A description of each new, expanded, reduced, or
289	eliminated program.
290	7.  The funding sources, including, but not limited to, ad
291	valorem taxes, Surface Water Improvement and Management Program
292	funds, other state funds, federal funds, and user fees and
293	permit fees for each program area.
294	(e)  By September 5 of the year in which the budget is
295	submitted, the House and Senate appropriations chairs may
296	transmit to each district comments and objections to the
297	proposed budgets. Each district governing board shall include a
298	response to such comments and objections in the record of the
299	governing board meeting where final adoption of the budget takes
300	place, and the record of this meeting shall be transmitted to
301	the Executive Office of the Governor, the department, and the
302	chairs of the House and Senate appropriations committees.
303	(f)  The Executive Office of the Governor shall annually,
304	on or before December 15, file with the Legislature a report
305	that summarizes its review of the water management districts'
306	tentative budgets and displays the adopted budget allocations by
307	program area. The report must identify the districts that are
308	not in compliance with the reporting requirements of this
309	section. State funds shall be withheld from a water management
310	district that fails to comply with these reporting requirements.
311	Section 3.  Paragraph (d) of subsection (8) of section
312	373.026, Florida Statutes, is amended to read:
313	373.026  General powers and duties of the department.--The
314	department, or its successor agency, shall be responsible for
315	the administration of this chapter at the state level. However,
316	it is the policy of the state that, to the greatest extent
317	possible, the department may enter into interagency or
318	interlocal agreements with any other state agency, any water
319	management district, or any local government conducting programs
320	related to or materially affecting the water resources of the
321	state. All such agreements shall be subject to the provisions of
322	s. 373.046. In addition to its other powers and duties, the
323	department shall, to the greatest extent possible:
324	(8)
325	(d)  The Legislature Executive Office of the Governor,
326	pursuant to its duties under s. 373.536(5) to approve or
327	disapprove, in whole or in part, the budget of each water
328	management district, shall review all proposed expenditures for
329	project components in the district's budget.
330	Section 4.  The annual salary of a governing board member,
331	payable in 12 equal monthly installments, shall be $12,000. The
332	salary shall be paid from collected ad valorem taxes.
333	Section 5.  A farmer or grower may not be denied a permit
334	for a well or other water usage to grow agricultural seed stock
335	or plants.
336	Section 6.  This act shall take effect July 1, 2009.

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