1 | A bill to be entitled |
2 | An act relating to water management district governing |
3 | boards; creating s. 373.0725, F.S.; establishing a water |
4 | management district governing board nominating commission; |
5 | providing criteria for governing board member nominees; |
6 | providing for the appointment of commission members by the |
7 | Governor, the President of the Senate, and the Speaker of |
8 | the House of Representatives; providing for terms and |
9 | duties of commission members; requiring the Executive |
10 | Office of the Governor to provide administrative support |
11 | to the commission and to adopt rules; amending s. 373.086, |
12 | F.S.; requiring governing boards to obtain legislative |
13 | authorization for acquisition costs and professional |
14 | service procurement costs in excess of specified amounts; |
15 | amending s. 373.089, F.S.; requiring governing boards to |
16 | review and make available for purchase specified lands; |
17 | amending s. 373.139, F.S.; prohibiting the purchase of |
18 | specified lands by a governing board unless deemed |
19 | environmentally critical or sensitive by the Century |
20 | Commission for a Sustainable Florida and authorized by the |
21 | Legislature; amending s. 112.3145, F.S.; providing that |
22 | members of the water management district governing board |
23 | nominating commission are state officers for purposes of |
24 | financial disclosure requirements; providing an effective |
25 | date. |
26 |
|
27 | Be It Enacted by the Legislature of the State of Florida: |
28 |
|
29 | Section 1. Section 373.0725, Florida Statutes, is created |
30 | to read: |
31 | 373.0725 Water management district governing board |
32 | nominating commission.- |
33 | (1)(a) Members of each water management district governing |
34 | board shall be nominated for appointment by a commission |
35 | composed of 11 members. |
36 | (b) Commission members shall submit to the Governor three |
37 | recommended nominees for each district governing board position. |
38 | Nominees must reside in the territorial jurisdiction of the |
39 | governing board to which the commission will recommend |
40 | appointments and must have significant experience in one or more |
41 | of the following areas: agriculture, the development industry, |
42 | local government, government-owned or privately owned water |
43 | utilities, law, civil engineering, environmental science, |
44 | hydrology, accounting, or finance. |
45 | (c) The Governor shall select appointees from the list of |
46 | nominees recommended for a position. |
47 | (2) A current or former governing board member may not be |
48 | a member of the governing board nominating commission. A member |
49 | of the governing board nominating commission may hold public |
50 | office. A member of the governing board nominating commission is |
51 | not eligible for appointment, during his or her term of office |
52 | and for a period of 2 years thereafter, to any board for which |
53 | the commission has the authority to make nominations. All acts |
54 | of the governing board nominating commission must be made with a |
55 | concurrence of a majority of its members. |
56 | (3) Members shall be appointed to the governing board |
57 | nominating commission in the following manner: |
58 | (a) The Governor shall appoint three members for terms |
59 | ending July 1, 2014. |
60 | (b) The President of the Senate shall appoint three |
61 | members for terms ending July 1, 2013, and one member of the |
62 | Senate who shall serve at the pleasure of the President of the |
63 | Senate. |
64 | (c) The Speaker of the House of Representatives shall |
65 | appoint three members for terms ending July 1, 2012, and one |
66 | member of the House of Representatives who shall serve at the |
67 | pleasure of the Speaker of the House of Representatives. |
68 |
|
69 | Every subsequent appointment, except the appointment of a member |
70 | of the Senate and of the House of Representatives and an |
71 | appointment to fill a vacant, unexpired term, shall be for 4 |
72 | years. Each expired term or vacancy shall be filled by |
73 | appointment in the same manner as the member whose position is |
74 | being filled. |
75 | (4) In making appointments, the Governor, the President of |
76 | the Senate, and the Speaker of the House of Representatives |
77 | shall seek to ensure that, to the extent possible, the |
78 | membership of the governing board nominating commission reflects |
79 | the racial, ethnic, and gender diversity of the state and shall |
80 | also consider the adequacy of representation of each geographic |
81 | region within the state. |
82 | (5) A member of the governing board nominating commission |
83 | may be suspended for cause by the person who appointed him or |
84 | her. |
85 | (6) The governing board nominating commission shall |
86 | recommend appointments to the governing board of a water |
87 | management district pursuant to s. 373.073. A quorum of the |
88 | commission is necessary to take any action or transact any |
89 | business. For purposes of this section, a majority of the |
90 | commission members shall constitute a quorum. However, if a |
91 | vacancy occurs, a majority of the total remaining commission |
92 | members shall constitute a quorum. |
93 | (7) The Executive Office of the Governor shall provide all |
94 | administrative support for the governing board nominating |
95 | commission and shall adopt rules necessary to administer this |
96 | section. |
97 | Section 2. Subsection (4) is added to section 373.086, |
98 | Florida Statutes, to read: |
99 | 373.086 Providing for district works.- |
100 | (4) The governing board must obtain specific legislative |
101 | authorization for any acquisition costs in excess of $50 million |
102 | and for any professional service procurement costs in excess of |
103 | $5 million. |
104 | Section 3. Paragraph (e) is added to subsection (6) of |
105 | section 373.089, Florida Statutes, to read: |
106 | 373.089 Sale or exchange of lands, or interests or rights |
107 | in lands.-The governing board of the district may sell lands, or |
108 | interests or rights in lands, to which the district has acquired |
109 | title or to which it may hereafter acquire title in the |
110 | following manner: |
111 | (6) Any lands the title to which is vested in the |
112 | governing board of a water management district may be surplused |
113 | pursuant to the procedures set forth in this section and s. |
114 | 373.056 and the following: |
115 | (e) For any lands for which title is vested in the |
116 | governing board, the governing board shall conduct reviews to |
117 | determine which lands are no longer needed for conservation and |
118 | restoration purposes or no longer considered environmentally |
119 | critical or sensitive and make such lands available for purchase |
120 | so long as the property can be reentered onto the county ad |
121 | valorem tax roll. |
122 | Section 4. Paragraph (d) is added to subsection (3) of |
123 | section 373.139, Florida Statutes, to read: |
124 | 373.139 Acquisition of real property.- |
125 | (3) The initial 5-year work plan and any subsequent |
126 | modifications or additions thereto shall be adopted by each |
127 | water management district after a public hearing. Each water |
128 | management district shall provide at least 14 days' advance |
129 | notice of the hearing date and shall separately notify each |
130 | county commission within which a proposed work plan project or |
131 | project modification or addition is located of the hearing date. |
132 | (d) The governing board may not purchase lands appraised |
133 | in excess of $50 million unless such lands are deemed |
134 | environmentally critical or sensitive by the Century Commission |
135 | for a Sustainable Florida and such purchase is specifically |
136 | authorized by the Legislature. |
137 | Section 5. Paragraph (c) of subsection (1) of section |
138 | 112.3145, Florida Statutes, is amended to read: |
139 | 112.3145 Disclosure of financial interests and clients |
140 | represented before agencies.- |
141 | (1) For purposes of this section, unless the context |
142 | otherwise requires, the term: |
143 | (c) "State officer" means: |
144 | 1. Any elected public officer, excluding those elected to |
145 | the United States Senate and House of Representatives, not |
146 | covered elsewhere in this part and any person who is appointed |
147 | to fill a vacancy for an unexpired term in such an elective |
148 | office. |
149 | 2. An appointed member of each board, commission, |
150 | authority, or council having statewide jurisdiction, excluding a |
151 | member of an advisory body. |
152 | 3. A member of the Board of Governors of the State |
153 | University System or a state university board of trustees, the |
154 | Chancellor and Vice Chancellors of the State University System, |
155 | and the president of a state university. |
156 | 4. A member of the judicial nominating commission for any |
157 | district court of appeal or any judicial circuit. |
158 | 5. A member of the water management district governing |
159 | board nominating commission. |
160 | Section 6. This act shall take effect July 1, 2010. |