1 | A bill to be entitled |
2 | An act relating to water management districts; amending s. |
3 | 373.0693, F.S.; revising provisions relating to the |
4 | membership of basin boards; specifying the terms of |
5 | service for basin board members designated by district |
6 | governing board chairs; providing that basin board members |
7 | designated by district governing board chairs are voting |
8 | members and counted for quorum purposes; providing for |
9 | designated district governing board members to serve as |
10 | basin board chairs and co-chairs; authorizing basin boards |
11 | to transact official business under certain conditions; |
12 | revising provisions relating to the membership of the |
13 | Manasota Basin Board; providing for the designation of a |
14 | member of the district governing board to serve on the |
15 | basin board; amending s. 373.171, F.S.; exempting |
16 | cooperative funding programs from certain rulemaking |
17 | requirements; creating s. 373.0725, F.S.; establishing a |
18 | water management district governing board nominating |
19 | commission; providing criteria for governing board member |
20 | nominees; providing for the appointment of commission |
21 | members by the Governor, the President of the Senate, and |
22 | the Speaker of the House of Representatives; providing for |
23 | terms and duties of commission members; requiring the |
24 | Executive Office of the Governor to provide administrative |
25 | support to the commission and to adopt rules; amending s. |
26 | 373.089, F.S.; requiring governing boards to review and |
27 | make available for purchase specified lands; amending s. |
28 | 112.3145, F.S.; providing that members of the water |
29 | management district governing board nominating commission |
30 | are state officers for purposes of financial disclosure |
31 | requirements; amending s. 373.228, F.S.; revising |
32 | provisions relating to the authority of local governments |
33 | to adopt and implement, by ordinance, specified landscape |
34 | irrigation restrictions; amending s. 373.246, F.S.; |
35 | authorizing local governments to adopt ordinances that |
36 | implement specified water shortage and emergency orders; |
37 | amending s. 298.66, F.S.; revising provisions prohibiting |
38 | the obstruction of certain drainage works; providing an |
39 | effective date. |
40 |
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41 | Be It Enacted by the Legislature of the State of Florida: |
42 |
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43 | Section 1. Subsections (1) through (7) of section |
44 | 373.0693, Florida Statutes, are amended to read: |
45 | 373.0693 Basins; basin boards.- |
46 | (1)(a) Any areas within a district may be designated by |
47 | the district governing board as subdistricts or basins. The |
48 | designations of such basins shall be made by resolution of the |
49 | district governing board by resolutions thereof. The district |
50 | governing board of the district may change the boundaries of |
51 | such basins, or create new basins, by resolution. |
52 | (b) No subdistrict or basin in the St. Johns River Water |
53 | Management District other than established by this act shall |
54 | become effective until approved by the Legislature. |
55 | (2) Each basin shall be under the control of a basin board |
56 | which shall be composed of at least not less than three members, |
57 | including one or more representatives but |
58 | representative from each of the counties included in the basin. |
59 | (3) Except for a member of the district governing board |
60 | serving on a basin board pursuant to subsection (6), each member |
61 | of a the various basin board boards shall be appointed serve for |
62 | a period of 3 years or until a successor is appointed, but not |
63 | more than 180 days after the end of the term., except that The |
64 | board membership of each new basin board shall be divided into |
65 | three groups as equally as possible, with members in such groups |
66 | to be appointed for 1, 2, and 3 years, respectively. Each basin |
67 | board shall choose a vice chair and a secretary to serve for a |
68 | period of 1 year. The term of office of a basin board member |
69 | shall be construed to commence on March 2 preceding the date of |
70 | appointment and to terminate March 1 of the year of the end of a |
71 | term or may continue until a successor is appointed, but not |
72 | more than 180 days after the end of the expired term. A member |
73 | of the district governing board serving on a basin board |
74 | pursuant to subsection (6) shall serve for a period commensurate |
75 | with his or her term on the governing board. |
76 | (4) Except for a member of the district governing board |
77 | serving on a basin board pursuant to subsection (6), members of |
78 | a basin board boards shall be appointed by the Governor, subject |
79 | to confirmation by the Senate at the next regular session of the |
80 | Legislature,; and the refusal or failure of the Senate to |
81 | confirm an appointment shall create a vacancy in the office to |
82 | which the appointment was made. |
83 | (5) Basin board members shall serve without receive no |
84 | compensation for services as such; but are entitled to |
85 | reimbursement for per diem and travel expenses as provided in s. |
86 | 112.061, while officially on work for the district, they shall |
87 | receive their actual travel expenses between their respective |
88 | places of residence and the place where official district |
89 | business is conducted, subsistence, lodging, and other expenses |
90 | in the amount actually incurred. These expenses may not exceed |
91 | the statutory amount allowed state officers and employees. This |
92 | subsection applies retroactively to the effective date of the |
93 | creation of each of the five separate water management |
94 | districts. |
95 | (6)(a) Notwithstanding any other provision of the |
96 | provisions of any other general or special law to the contrary, |
97 | a member of the district governing board of the district |
98 | residing in the basin or, if no member resides in the basin, a |
99 | member of the district governing board designated by the chair |
100 | of the district governing board shall be a voting member of the |
101 | basin board and counted for purposes of establishing a quorum. |
102 | (b) A governing board member shall serve as the chair of |
103 | the basin board. If more than one governing board member is |
104 | designated to a basin board, each shall rotate as co-chair of |
105 | the basin board. The chair or co-chair shall preside at all |
106 | meetings of the basin board, except that the vice chair may |
107 | preside in the his or her absence of the chair and co-chair. The |
108 | chair shall be the liaison officer of the district in all |
109 | affairs in the basin and shall be kept informed of all such |
110 | affairs. |
111 | (c) If a vacancy occurs on a basin board, a quorum of the |
112 | total remaining members of the basin board may continue to |
113 | transact official business until a successor is appointed. |
114 | (d)(b) Basin boards within the Southwest Florida Water |
115 | Management District shall meet regularly as determined by a |
116 | majority vote of the basin board members. Subject to notice |
117 | requirements of chapter 120, special meetings, both emergency |
118 | and nonemergency, may be called either by the chair or the |
119 | elected vice chair of the basin board or upon request of two |
120 | basin board members. The district staff shall include on the |
121 | agenda of any basin board meeting any item for discussion or |
122 | action requested by a member of that basin board. The district |
123 | staff shall notify any basin board, as well as their respective |
124 | counties, of any vacancies occurring in the district governing |
125 | board or their respective basin boards. |
126 | (7) At 11:59 p.m. on December 31, 1976, the Manasota |
127 | Watershed Basin of the Ridge and Lower Gulf Coast Water |
128 | Management District, which is annexed to the Southwest Florida |
129 | Water Management District by change of its boundaries pursuant |
130 | to chapter 76-243, Laws of Florida, shall be formed into a |
131 | subdistrict or basin of the Southwest Florida Water Management |
132 | District, subject to the same provisions as the other basins in |
133 | such district. Such subdistrict shall be designated initially as |
134 | the Manasota Basin. The members of the governing board of the |
135 | Manasota Watershed Basin of the Ridge and Lower Gulf Coast Water |
136 | Management District shall become members of the governing board |
137 | of the Manasota Basin of the Southwest Florida Water Management |
138 | District. Notwithstanding other provisions in this section, |
139 | beginning on July 1, 2010 2001, the membership of the Manasota |
140 | Basin Board shall be comprised of two members from Manatee |
141 | County, and two members from Sarasota County, and a member of |
142 | the district governing board designated by the chair of the |
143 | district governing board pursuant to subsection (6). Matters |
144 | relating to tie votes shall be resolved pursuant to subsection |
145 | (6) by the chair designated by the governing board to vote in |
146 | case of a tie vote. |
147 | Section 2. Subsection (5) is added to section 373.171, |
148 | Florida Statutes, to read: |
149 | 373.171 Rules.- |
150 | (5) Cooperative funding programs are not subject to the |
151 | rulemaking requirements of chapter 120. However, any portion of |
152 | an approved program which affects the substantial interests of a |
153 | party shall be subject to s. 120.569. |
154 | Section 3. Section 373.0725, Florida Statutes, is created |
155 | to read: |
156 | 373.0725 Water management district governing board |
157 | nominating commission.- |
158 | (1)(a) Members of each water management district governing |
159 | board shall be nominated for appointment by a commission |
160 | composed of nine members. |
161 | (b) Commission members shall submit to the Governor three |
162 | recommended nominees for each district governing board position. |
163 | Nominees must reside in the territorial jurisdiction of the |
164 | governing board to which the commission will recommend |
165 | appointments and must have significant experience in one or more |
166 | of the following areas: agriculture, the development industry, |
167 | local government, government-owned or privately owned water |
168 | utilities, law, civil engineering, environmental science, |
169 | hydrology, accounting, finance, or professional landscaping. |
170 | (c) The Governor shall select appointees from the list of |
171 | nominees recommended for a position. |
172 | (2) A current or former governing board member may not be |
173 | a member of the governing board nominating commission. A member |
174 | of the governing board nominating commission may hold public |
175 | office. A member of the governing board nominating commission is |
176 | not eligible for appointment, during his or her term of office |
177 | and for a period of 2 years thereafter, to any board for which |
178 | the commission has the authority to make nominations. All acts |
179 | of the governing board nominating commission must be made with a |
180 | concurrence of a majority of its members. |
181 | (3) Members shall be appointed to the governing board |
182 | nominating commission in the following manner: |
183 | (a) The Governor shall appoint three members for terms |
184 | ending July 1, 2014. |
185 | (b) The President of the Senate shall appoint three |
186 | members for terms ending July 1, 2013. |
187 | (c) The Speaker of the House of Representatives shall |
188 | appoint three members for terms ending July 1, 2012. |
189 |
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190 | Every subsequent appointment, except an appointment to fill a |
191 | vacant, unexpired term, shall be for 4 years. Each expired term |
192 | or vacancy shall be filled by appointment in the same manner as |
193 | the member whose position is being filled. |
194 | (4) In making appointments, the Governor, the President of |
195 | the Senate, and the Speaker of the House of Representatives |
196 | shall seek to ensure that, to the extent possible, the |
197 | membership of the governing board nominating commission reflects |
198 | the racial, ethnic, and gender diversity of the state and shall |
199 | also consider the adequacy of representation of each geographic |
200 | region within the state. |
201 | (5) A member of the governing board nominating commission |
202 | may be suspended for cause by the person who appointed him or |
203 | her. |
204 | (6) The governing board nominating commission shall |
205 | recommend appointments to the governing board of a water |
206 | management district pursuant to s. 373.073. A quorum of the |
207 | commission is necessary to take any action or transact any |
208 | business. For purposes of this section, a majority of the |
209 | commission members shall constitute a quorum. However, if a |
210 | vacancy occurs, a majority of the total remaining commission |
211 | members shall constitute a quorum. |
212 | (7) The Executive Office of the Governor shall provide all |
213 | administrative support for the governing board nominating |
214 | commission and shall adopt rules necessary to administer this |
215 | section. |
216 | Section 4. Paragraph (e) is added to subsection (6) of |
217 | section 373.089, Florida Statutes, to read: |
218 | 373.089 Sale or exchange of lands, or interests or rights |
219 | in lands.-The governing board of the district may sell lands, or |
220 | interests or rights in lands, to which the district has acquired |
221 | title or to which it may hereafter acquire title in the |
222 | following manner: |
223 | (6) Any lands the title to which is vested in the |
224 | governing board of a water management district may be surplused |
225 | pursuant to the procedures set forth in this section and s. |
226 | 373.056 and the following: |
227 | (e) For any lands for which title is vested in the |
228 | governing board, the governing board shall conduct reviews to |
229 | determine which lands are no longer needed for conservation and |
230 | restoration purposes or no longer considered environmentally |
231 | critical or sensitive and make such lands available for purchase |
232 | so long as the property can be reentered onto the county ad |
233 | valorem tax roll. |
234 | Section 5. Paragraph (c) of subsection (1) of section |
235 | 112.3145, Florida Statutes, is amended to read: |
236 | 112.3145 Disclosure of financial interests and clients |
237 | represented before agencies.- |
238 | (1) For purposes of this section, unless the context |
239 | otherwise requires, the term: |
240 | (c) "State officer" means: |
241 | 1. Any elected public officer, excluding those elected to |
242 | the United States Senate and House of Representatives, not |
243 | covered elsewhere in this part and any person who is appointed |
244 | to fill a vacancy for an unexpired term in such an elective |
245 | office. |
246 | 2. An appointed member of each board, commission, |
247 | authority, or council having statewide jurisdiction, excluding a |
248 | member of an advisory body. |
249 | 3. A member of the Board of Governors of the State |
250 | University System or a state university board of trustees, the |
251 | Chancellor and Vice Chancellors of the State University System, |
252 | and the president of a state university. |
253 | 4. A member of the judicial nominating commission for any |
254 | district court of appeal or any judicial circuit. |
255 | 5. A member of the water management district governing |
256 | board nominating commission. |
257 | Section 6. Section 373.228, Florida Statutes, is amended |
258 | to read: |
259 | 373.228 Landscape irrigation design.- |
260 | (1) The Legislature finds that multiple areas throughout |
261 | the state have been identified by water management districts as |
262 | water resource caution areas, which indicates that in the near |
263 | future water demand in those areas will exceed the current |
264 | available water supply and that conservation is one of the |
265 | mechanisms by which future water demand will be met. |
266 | (2) The Legislature finds that landscape irrigation |
267 | comprises a significant portion of water use and that current |
268 | typical landscape irrigation systems, and Florida-friendly |
269 | landscaping designs, and landscape irrigation restrictions offer |
270 | significant potential water conservation benefits. |
271 | (3) It is the intent of the Legislature to improve |
272 | landscape irrigation water use efficiency by ensuring that |
273 | landscape irrigation systems meet or exceed minimum design |
274 | criteria and that, pursuant to s. 373.609, the landscape |
275 | irrigation restrictions of a water management district may be |
276 | implemented by ordinance of the applicable local governments. |
277 | (4) The water management districts shall work with the |
278 | Florida Nursery, Growers and Landscape Association, the Florida |
279 | Native Plant Society, the Florida Chapter of the American |
280 | Society of Landscape Architects, the Florida Irrigation Society, |
281 | the Department of Agriculture and Consumer Services, the |
282 | Institute of Food and Agricultural Sciences, the Department of |
283 | Environmental Protection, the Department of Transportation, the |
284 | Florida League of Cities, the Florida Association of Counties, |
285 | and the Florida Association of Community Developers to develop |
286 | landscape irrigation and Florida-friendly landscaping design |
287 | standards for new construction which incorporate a landscape |
288 | irrigation system and develop scientifically based model |
289 | guidelines for urban, commercial, and residential landscape |
290 | irrigation, including drip irrigation, for plants, trees, sod, |
291 | and other landscaping. The standards must shall be based on the |
292 | irrigation code defined in the Florida Building Code, Plumbing |
293 | Volume, Appendix F. Local governments shall use the standards |
294 | and guidelines when developing landscape irrigation and Florida- |
295 | friendly landscaping ordinances. By January 1, 2011, the |
296 | agencies and entities specified in this subsection shall review |
297 | the standards and guidelines to determine whether new research |
298 | findings require a change or modification of the standards and |
299 | guidelines. |
300 | (5) Local governments may adopt ordinances that implement |
301 | landscape irrigation restrictions as set forth in water |
302 | management district rules or orders. In evaluating water use |
303 | applications from public water suppliers, water management |
304 | districts shall consider whether the applicable local government |
305 | has adopted an ordinance implementing such landscape irrigation |
306 | restrictions and has adopted ordinances for landscaping and |
307 | irrigation systems consistent with the Florida-friendly |
308 | landscaping provisions of s. 373.185. |
309 | Section 7. Subsection (9) is added to section 373.246, |
310 | Florida Statutes, to read: |
311 | 373.246 Declaration of water shortage or emergency.- |
312 | (9) Local governments may adopt ordinances that implement |
313 | water shortage and emergency orders under this section and s. |
314 | 373.175. |
315 | Section 8. Section 298.66, Florida Statutes, is amended to |
316 | read: |
317 | 298.66 Obstruction of public drainage canals, etc., |
318 | prohibited; damages; penalties.- |
319 | (1) A No person may not willfully, or otherwise, obstruct |
320 | any public canal, drain, ditch or watercourse or damage or |
321 | destroy any public drainage works constructed in any district. |
322 | (2)(1) Any person who shall willfully obstructs obstruct |
323 | any public canal, drain, ditch, or watercourse or damages or |
324 | destroys shall damage or destroy any public drainage works |
325 | constructed in by any district, shall be liable to any person |
326 | injured thereby for the full amount of the injury occasioned to |
327 | any land or crops or other property by reason of such |
328 | misconduct, and shall be liable to the district constructing the |
329 | drainage said work for double the cost of removing such |
330 | obstruction or repairing such damage. |
331 | (3)(2) Any person who Whoever shall willfully, or |
332 | otherwise, obstructs obstruct any public canal, drain, ditch, or |
333 | watercourse, impedes or obstructs or impede or obstruct the flow |
334 | of water therein, or damages or destroys shall damage or destroy |
335 | any public drainage works constructed in by any |
336 | shall be guilty of a felony of the third degree, punishable as |
337 | provided in s. 775.082, s. 775.083, or s. 775.084. |
338 | Section 9. This act shall take effect July 1, 2010. |