CS/HB 7137

1
A bill to be entitled
2An act relating to water management districts; reenacting
3s. 373.069, F.S., relating to the creation of the water
4management districts, pursuant to the provisions of the
5Florida Government Accountability Act; amending s.
6373.0693, F.S.; limiting the period of time a basin board
7member may serve after the end of a term; reducing the
8number of members on the Manasota Basin Board; eliminating
9the Oklawaha River Basin Advisory Council; removing ex
10officio designation of basin board chairs; removing a
11restriction on the voting authority of the chair; amending
12s. 373.073, F.S.; revising the membership of water
13management district governing boards; providing for
14appointment of members commencing on a specified date;
15amending s. 373.079, F.S.; requiring a water management
16district's governing board to delegate to the executive
17director its authority to approve certain permits or grant
18variances or waivers of permitting requirements;
19authorizing the executive director to execute such
20delegated authority through designated staff members;
21providing that such delegations are exempt from specified
22rulemaking requirements; authorizing water management
23district governing boards, basin boards, committees, and
24advisory boards to conduct meetings by means of
25communications media technology; amending s. 373.083,
26F.S.; requiring water management district governing boards
27to delegate to the water management district's executive
28director authority to approve certain permits or grant
29variances or waivers of permitting requirements;
30authorizing the executive director to execute such
31delegated authority through designated staff members;
32providing that such delegations are exempt from specified
33rulemaking requirements; amending s. 373.118, F.S.;
34removing provisions authorizing water management district
35governing boards to delegate authority to issue general
36permits to the executive director; amending s. 373.323,
37F.S.; revising application requirements for water well
38contractor licensure; requiring applicants to provide
39specified documentation; amending s. 373.236, F.S.;
40authorizing water management districts to issue 50-year
41consumptive use permits to specified entities for certain
42alternative water supply development projects; providing
43for compliance reporting and review, modification, and
44revocation relating to such permits; authorizing 25-year
45consumptive use permits for renewable energy generating
46facilities and specified lands used in the production of
47renewable energy under certain conditions; providing that
48such permits are subject to compliance reports; amending
49s. 373.243, F.S.; providing for the revocation of certain
50consumptive use permits for renewable energy generating
51facilities and specified lands used in the production of
52renewable energy; amending s. 373.536, F.S.; authorizing
53substantive legislative committee chairs to provide input
54on proposed water management district budgets; amending s.
55373.584, F.S.; providing a limitation on certain bonding
56for water management districts; authorizing the Joint
57Legislative Budget Commission to approve bonding exceeding
58such limitation; exempting certain outstanding bonds from
59such limitation and its calculation; amending s. 373.59,
60F.S.; expanding water management district lands eligible
61to receive payment in lieu of taxes; revising the method
62used to determine eligibility for such payment; amending
63s. 373.5905, F.S.; providing conditions for reinstatement
64of payments in lieu of taxes and their duration; repealing
65s. 373.465, F.S., to eliminate the Lake Panasoffkee
66Restoration Council; repealing s. 373.466, F.S., to
67eliminate the Lake Panasoffkee restoration program;
68providing an effective date.
69
70Be It Enacted by the Legislature of the State of Florida:
71
72     Section 1.  Section 373.069, Florida Statutes, is
73reenacted.
74     Section 2.  Subsections (3), (6), and (7) and paragraph (a)
75of subsection (8) of section 373.0693, Florida Statutes, are
76amended to read:
77     373.0693  Basins; basin boards.--
78     (3)  Each member of the various basin boards shall serve
79for a period of 3 years or until a successor is appointed, but
80not more than 180 days after the end of the term, except that
81the board membership of each new basin shall be divided into
82three groups as equally as possible, with members in such groups
83to be appointed for 1, 2, and 3 years, respectively. Each basin
84board shall choose a vice chair and a secretary to serve for a
85period of 1 year. The term of office of a basin board member
86shall be construed to commence on March 2 preceding the date of
87appointment and to terminate March 1 of the year of the end of a
88term or may continue until a successor is appointed, but not
89more than 180 days after the end of the expired term.
90     (6)(a)  Notwithstanding the provisions of any other general
91or special law to the contrary, a member of the governing board
92of the district residing in the basin or, if no member resides
93in the basin, a member of the governing board designated by the
94chair of the governing board shall be the ex officio chair of
95the basin board. The ex officio chair shall preside at all
96meetings of the basin board, except that the vice chair may
97preside in his or her absence. The ex officio chair shall have
98no official vote, except in case of a tie vote being cast by the
99members, but shall be the liaison officer of the district in all
100affairs in the basin and shall be kept informed of all such
101affairs.
102     (b)  Basin boards within the Southwest Florida Water
103Management District shall meet regularly as determined by a
104majority vote of the basin board members. Subject to notice
105requirements of chapter 120, special meetings, both emergency
106and nonemergency, may be called either by the ex officio chair
107or the elected vice chair of the basin board or upon request of
108two basin board members. The district staff shall include on the
109agenda of any basin board meeting any item for discussion or
110action requested by a member of that basin board. The district
111staff shall notify any basin board, as well as their respective
112counties, of any vacancies occurring in the district governing
113board or their respective basin boards.
114     (7)  At 11:59 p.m. on December 31, 1976, the Manasota
115Watershed Basin of the Ridge and Lower Gulf Coast Water
116Management District, which is annexed to the Southwest Florida
117Water Management District by change of its boundaries pursuant
118to chapter 76-243, Laws of Florida, shall be formed into a
119subdistrict or basin of the Southwest Florida Water Management
120District, subject to the same provisions as the other basins in
121such district. Such subdistrict shall be designated initially as
122the Manasota Basin. The members of the governing board of the
123Manasota Watershed Basin of the Ridge and Lower Gulf Coast Water
124Management District shall become members of the governing board
125of the Manasota Basin of the Southwest Florida Water Management
126District. Notwithstanding other provisions in this section,
127beginning on July 1, 2001, the membership of the Manasota Basin
128Board shall be comprised of two three members from Manatee
129County and two three members from Sarasota County. Matters
130relating to tie votes shall be resolved pursuant to subsection
131(6) by the ex officio chair designated by the governing board to
132vote in case of a tie vote.
133     (8)(a)  At 11:59 p.m. on June 30, 1988, the area
134transferred from the Southwest Florida Water Management District
135to the St. Johns River Water Management District by change of
136boundaries pursuant to chapter 76-243, Laws of Florida, shall
137cease to be a subdistrict or basin of the St. Johns River Water
138Management District known as the Oklawaha River Basin and said
139Oklawaha River Basin shall cease to exist. However, any
140recognition of an Oklawaha River Basin or an Oklawaha River
141Hydrologic Basin for regulatory purposes shall be unaffected.
142The area formerly known as the Oklawaha River Basin shall
143continue to be part of the St. Johns River Water Management
144District. There shall be established by the governing board of
145the St. Johns River Water Management District the Oklawaha River
146Basin Advisory Council to receive public input and advise the
147St. Johns River Water Management District's governing board on
148water management issues affecting the Oklawaha River Basin. The
149Oklawaha River Basin Advisory Council shall be appointed by
150action of the St. Johns River Water Management District's
151governing board and shall include one representative from each
152county which is wholly or partly included in the Oklawaha River
153Basin. The St. Johns River Water Management District's governing
154board member currently serving pursuant to s. 373.073(2)(c)3.
155shall serve as chair of the Oklawaha River Basin Advisory
156Council. Members of the Oklawaha River Basin Advisory Council
157shall receive no compensation for their services but are
158entitled to be reimbursed for per diem and travel expenses as
159provided in s. 112.061.
160     Section 3.  Paragraph (b) of subsection (1) of section
161373.073, Florida Statutes, is amended to read:
162     373.073  Governing board.--
163     (1)
164     (b)  Commencing January 1, 2011 1999, the Governor shall
165appoint the following number of governing board members in each
166year of the Governor's 4-year term of office:
167     1.  In the first year of the Governor's term of office, the
168Governor shall appoint four members to the governing board of
169the Southwest Florida Water Management District and appoint
170three members to the governing board of each other district.
171     2.  In the second year of the Governor's term of office,
172the Governor shall appoint three members to the governing board
173of the Southwest Florida Water Management District and two
174members to the governing board of each other district.
175     3.  In the third year of the Governor's term of office, the
176Governor shall appoint three members to the governing board of
177the Southwest Florida Water Management District and two members
178to the governing board of each other district.
179     4.  In the fourth year of the Governor's term of office,
180the Governor shall appoint three members to the governing board
181of the Southwest Florida Water Management District and two
182members to the governing board of each other district.
183
184For any governing board vacancy that occurs before the date
185scheduled for the office to be filled under this paragraph, the
186Governor shall appoint a person meeting residency requirements
187of subsection (2) for a term that will expire on the date
188scheduled for the term of that office to terminate under this
189subsection. In addition to the residency requirements for the
190governing boards as provided by subsection (2), the Governor
191shall consider appointing governing board members to represent
192an equitable cross-section of regional interests and technical
193expertise.
194     Section 4.  Subsections (4) and (7) of section 373.079,
195Florida Statutes, are amended to read:
196     373.079  Members of governing board; oath of office;
197staff.--
198     (4)(a)  The governing board of the district is authorized
199to employ an executive director, ombudsman, and such engineers,
200other professional persons, and other personnel and assistants
201as it deems necessary and under such terms and conditions as it
202may determine and to terminate such employment. The appointment
203of an executive director by the governing board is subject to
204approval by the Governor and must be initially confirmed by the
205Florida Senate. The governing board may delegate all or part of
206its authority under this paragraph to the executive director.
207However, the governing board shall delegate to the executive
208director all of its authority to take final action on permit
209applications under part II or part IV or petitions for variances
210or waivers of permitting requirements under part II or part IV,
211except for denials of such actions as provided in s. 373.083(5).
212The executive director may execute such delegated authority
213through designated staff members. Such delegations shall not be
214subject to the rulemaking requirements of chapter 120. The
215executive director must be confirmed by the Senate upon
216employment and must be confirmed or reconfirmed by the Senate
217during the second regular session of the Legislature following a
218gubernatorial election.
219     (b)1.  The governing board of each water management
220district shall employ an inspector general, who shall report
221directly to the board. However, the governing boards of the
222Suwannee River Water Management District and the Northwest
223Florida Water Management District may jointly employ an
224inspector general, or provide for inspector general services by
225interagency agreement with a state agency or water management
226district inspector general.
227     2.  An inspector general must have the qualifications
228prescribed and perform the applicable duties of state agency
229inspectors general as provided in s. 20.055.
230     (7)  The governing board shall meet at least once a month
231and upon call of the chair. The governing board, a basin board,
232a committee, or an advisory board may conduct meetings by means
233of communications media technology in accordance with rules
234adopted pursuant to s. 120.54.
235     Section 5.  Subsection (5) of section 373.083, Florida
236Statutes, is amended to read:
237     373.083  General powers and duties of the governing
238board.--In addition to other powers and duties allowed it by
239law, the governing board is authorized to:
240     (5)  Execute any of the powers, duties, and functions
241vested in the governing board through a member or members
242thereof, the executive director, or other district staff as
243designated by the governing board. The governing board may
244establish the scope and terms of any delegation. The However, if
245the governing board shall delegate to the executive director all
246of its delegates the authority to take final action on permit
247applications under part II or part IV, or petitions for
248variances or waivers of permitting requirements under part II or
249part IV, and the executive director may execute such delegated
250authority through designated staff. Such delegations shall not
251be subject to the rulemaking requirements of chapter 120.
252However, the governing board shall provide a process for
253referring any denial of such application or petition to the
254governing board to take final action. Such process shall
255expressly prohibit any member of a governing board from
256intervening in any manner during the review of an application
257prior to such application being referred to the governing board
258for final action. The authority in this subsection is
259supplemental to any other provision of this chapter granting
260authority to the governing board to delegate specific powers,
261duties, or functions.
262     Section 6.  Present subsection (4) of section 373.118,
263Florida Statutes, is amended, and subsection (5) of that section
264is renumbered as subsection (4), to read:
265     373.118  General permits; delegation.--
266     (4)  To provide for greater efficiency, the governing board
267may delegate by rule its powers and duties pertaining to general
268permits to the executive director. The executive director may
269execute such delegated authority through designated staff.
270However, when delegating the authority to take final action on
271permit applications under part II or part IV or petitions for
272variances or waivers of permitting requirements under part II or
273part IV, the governing board shall provide a process for
274referring any denial of such application or petition to the
275governing board to take such final action.
276     Section 7.  Subsection (3) of section 373.323, Florida
277Statutes, is amended to read:
278     373.323  Licensure of water well contractors; application,
279qualifications, and examinations; equipment identification.--
280     (3)  An applicant who meets the following requirements
281shall be entitled to take the water well contractor licensure
282examination to practice water well contracting:
283     (a)  Is at least 18 years of age.
284     (b)  Has at least 2 years of experience in constructing,
285repairing, or abandoning water wells. Satisfactory proof of such
286experience shall be demonstrated by providing:
287     1.  Evidence of the length of time the applicant has been
288engaged in the business of the construction, repair, or
289abandonment of water wells as a major activity, as attested to
290by a letter from three of the following persons:
291     a.  A water well contractor.
292     b.  A water well driller.
293     c.  A water well parts and equipment vendor.
294     d.  A water well inspectors employed by a governmental
295agency.
296     2.  A list of at least 10 water wells that the applicant
297has constructed, repaired, or abandoned within the preceding 5
298years. Of these wells, at least seven must have been
299constructed, as defined in s. 373.303(2), by the applicant. The
300list shall also include:
301     a.  The name and address of the owner or owners of each
302well.
303     b.  The location, primary use, and approximate depth and
304diameter of each well that the applicant has constructed,
305repaired, or abandoned.
306     c.  The approximate date the construction, repair, or
307abandonment of each well was completed.
308     (c)  Has completed the application form and remitted a
309nonrefundable application fee.
310     Section 8.  Subsections (6) and (7) are added to section
311373.236, Florida Statutes, to read:
312     373.236  Duration of permits; compliance reports.--
313     (6)(a)  The Legislature finds that the need for alternative
314water supply development projects to meet anticipated public
315water supply demands of the state is so important that it is
316essential to encourage participation in and contribution to
317these projects by private-rural-land owners who
318characteristically have relatively modest near-term water
319demands but substantially increasing demands after the 20-year
320planning period in s. 373.0361. Therefore, where such landowners
321make extraordinary contributions of lands or construction
322funding to enable the expeditious implementation of such
323projects, water management districts and the department may
324grant permits for such projects for a period of up to 50 years
325to municipalities, counties, special districts, regional water
326supply authorities, multijurisdictional water supply entities,
327and publicly or privately owned utilities, with the exception of
328any publicly or privately owned utilities created for or by a
329private landowner after April 1, 2008, which have entered into
330an agreement with the private landowner for the purpose of more
331efficiently pursuing alternative public water supply development
332projects identified in a district's regional water supply plan
333and meeting water demands of both the applicant and the
334landowner.
335     (b)  A permit under paragraph (a) may be granted only for
336that period for which there is sufficient data to provide
337reasonable assurance that the conditions for permit issuance
338will be met. Such a permit shall require a compliance report by
339the permittee every 5 years during the term of the permit. The
340report shall contain sufficient data to maintain reasonable
341assurance that the conditions for permit issuance applicable at
342the time of district review of the compliance report are met.
343After review of this report, the governing board or the
344department may modify the permit to ensure that the use meets
345the conditions for issuance. This subsection does not limit the
346existing authority of the department or the governing board to
347modify or revoke a consumptive use permit.
348     (7)  A permit approved for a renewable energy generating
349facility or the cultivation of agricultural products on lands
350consisting of 1,000 acres or more for use in the production
351renewable energy, as defined in s. 366.91(2)(d), shall be
352granted for a term of at least 25 years at the applicant's
353request based on the anticipated life of the facility if there
354is sufficient data to provide reasonable assurance that the
355conditions for permit issuance will be met for the duration of
356the permit; otherwise, a permit may be issued for a shorter
357duration that reflects the longest period for which such
358reasonable assurances are provided. Such a permit is subject to
359compliance reports under subsection (4).
360     Section 9.  Subsection (4) of section 373.243, Florida
361Statutes, is amended to read:
362     373.243  Revocation of permits.--The governing board or the
363department may revoke a permit as follows:
364     (4)  For nonuse of the water supply allowed by the permit
365for a period of 2 years or more, the governing board or the
366department may revoke the permit permanently and in whole unless
367the user can prove that his or her nonuse was due to extreme
368hardship caused by factors beyond the user's control. For a
369permit issued pursuant to s. 373.236(7), the governing board or
370the department may revoke the permit only if the nonuse of the
371water supply allowed by the permit is for a period of 4 years or
372more.
373     Section 10.  Paragraph (e) of subsection (5) of section
374373.536, Florida Statutes, is amended to read:
375     373.536  District budget and hearing thereon.--
376     (5)  TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND
377APPROVAL.--
378     (e)  By September 5 of the year in which the budget is
379submitted, the House and Senate appropriations and appropriate
380substantive committee chairs may transmit to each district
381comments and objections to the proposed budgets. Each district
382governing board shall include a response to such comments and
383objections in the record of the governing board meeting where
384final adoption of the budget takes place, and the record of this
385meeting shall be transmitted to the Executive Office of the
386Governor, the department, and the chairs of the House and Senate
387appropriations committees.
388     Section 11.  Subsection (5) is added to section 373.584,
389Florida Statutes, to read:
390     373.584  Revenue bonds.--
391     (5)(a)  The total annual debt service for bonds issued
392pursuant to this section and s. 373.563 may not exceed 20
393percent of the annual ad valorem tax revenues of the water
394management district, unless approved by the Joint Legislative
395Budget Commission.
396     (b)  The Joint Legislative Budget Commission is authorized
397to review the financial soundness of a water management district
398and determine whether bonds may be issued by a water management
399district in excess of the limitation provided in paragraph (a).
400     (c)  A water management district may not take any action
401regarding the issuance of bonds in excess of the limitation of
402paragraph (a) without prior approval of the Joint Legislative
403Budget Commission pursuant to joint rules of the House of
404Representative and the Senate.
405     (d)  Bonds issued and outstanding before January 1, 2009,
406are exempt from this subsection and shall not be included in the
407calculation of the limitation of paragraph (a).
408     (e)  This subsection does not affect the validity or
409enforceability of outstanding revenue bonds.
410     Section 12.  Subsection (10) of section 373.59, Florida
411Statutes, is amended to read:
412     373.59  Water Management Lands Trust Fund.--
413     (10)(a)  Beginning July 1, 1999, not more than one-fourth
414of the funds provided for in subsections (1) and (8) in any year
415shall be reserved annually by a governing board, during the
416development of its annual operating budget, for payments in lieu
417of taxes for all actual ad valorem tax losses incurred as a
418result of all governing board acquisitions for water management
419district purposes districts pursuant to ss. 259.101, 259.105,
420373.470, and this section during any year. Reserved funds not
421used for payments in lieu of taxes in any year shall revert to
422the Water Management Lands Trust Fund to be used in accordance
423with the provisions of this section.
424     (b)  Payment in lieu of taxes shall be available:
425     1.  To all counties that have a population of 150,000 or
426fewer. Population levels shall be determined pursuant to s.
427186.901 11.031. The population estimates published April 1 and
428used in the revenue-sharing formula pursuant to s. 186.901 shall
429be used to determine eligibility under this subsection and shall
430apply to payments made for the subsequent fiscal year.
431     2.  To all local governments located in eligible counties
432and whose lands are bought and taken off the tax rolls.
433
434For properties acquired after January 1, 2000, in the event that
435such properties otherwise eligible for payment in lieu of taxes
436under this subsection are leased or reserved and remain subject
437to ad valorem taxes, payments in lieu of taxes shall commence or
438recommence upon the expiration or termination of the lease or
439reservation, but in no event shall there be more than a total of
44010 annual payments in lieu of taxes for each tax loss. If the
441lease is terminated for only a portion of the lands at any time,
442the 10 annual payments shall be made for that portion only
443commencing the year after such termination, without limiting the
444requirement that 10 annual payments shall be made on the
445remaining portion or portions of the land as the lease on each
446expires. For the purposes of this subsection, "local government"
447includes municipalities and, the county school board, mosquito
448control districts, and any other local government entity which
449levies ad valorem taxes.
450     (c)  If sufficient funds are unavailable in any year to
451make full payments to all qualifying counties and local
452governments, such counties and local governments shall receive a
453pro rata share of the moneys available.
454     (d)  The payment amount shall be based on the average
455amount of actual ad valorem taxes paid on the property for the 3
456years preceding acquisition. Applications for payment in lieu of
457taxes shall be made no later than May January 31 of the year for
458which payment is sought following acquisition. No payment in
459lieu of taxes shall be made for properties which were exempt
460from ad valorem taxation for the year immediately preceding
461acquisition.
462     (e)  If property that was subject to ad valorem taxation
463was acquired by a tax-exempt entity for ultimate conveyance to
464the state under this chapter, payment in lieu of taxes shall be
465made for such property based upon the average amount of ad
466valorem taxes paid on the property for the 3 years prior to its
467being removed from the tax rolls. The water management districts
468shall certify to the Department of Revenue those properties that
469may be eligible under this provision. Once eligibility has been
470established, that governmental entity shall receive annual
471payments for each tax loss until the qualifying governmental
472entity exceeds the population threshold pursuant to paragraph
473(b) s. 259.032(12)(b).
474     (f)  Payment in lieu of taxes pursuant to this subsection
475shall be made annually to qualifying counties and local
476governments after certification by the Department of Revenue
477that the amounts applied for are reasonably appropriate, based
478on the amount of actual ad valorem taxes paid on the eligible
479property, and after the water management districts have provided
480supporting documents to the Chief Financial Officer and have
481requested that payment be made in accordance with the
482requirements of this section. With the assistance of the local
483government requesting payment in lieu of taxes, the water
484management district that acquired the land is responsible for
485preparing and submitting application requests for payment to the
486Department of Revenue for certification.
487     (g)  If a water management district conveys to a county or
488local government title to any land owned by the district, any
489payments in lieu of taxes on the land made to the county or
490local government shall be discontinued as of the date of the
491conveyance.
492     Section 13.  Section 373.5905, Florida Statutes, is amended
493to read:
494     373.5905  Reinstatement Reinstitution of payments in lieu
495of taxes; duration.--If a water management district has made a
496payment in lieu of taxes to a governmental entity and
497subsequently suspended such payment, beginning July 1, 2009, the
498water management district shall reinstate reinstitute
499appropriate payments and continue the payments for as long as
500the county population remains below the population threshold
501pursuant to s. 373.59(10)(b). This section does not authorize or
502provide for payments in arrears in consecutive years until the
503governmental entity has received a total of 10 payments for each
504tax loss.
505     Section 14.  Sections 373.465 and 373.466, Florida
506Statutes, are repealed.
507     Section 15.  This act shall take effect July 1, 2009.


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