HB 659

1	A bill to be entitled
2	An act relating to water management districts; amending s.
3	373.079, F.S.; deleting the requirement that the district
4	governing board delegate its authority to take final
5	actions; amending s. 373.083, F.S.; deleting the
6	restriction against reviewing delegations by the board
7	under ch. 120, F.S.; amending s. 373.118, F.S.; requiring
8	the board to provide a process for referring certain
9	delegated actions to the governing board for final action;
10	providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Subsection (4) of section 373.079, Florida
15	Statutes, is amended to read:
16	373.079  Members of governing board; oath of office;
17	staff.-
18	(4)(a)  The governing board of the district shall is
19	authorized to employ:
20	(a)  An executive director, ombudsman, and such engineers,
21	other professional persons, and other personnel and assistants
22	as it deems necessary and under such terms and conditions as it
23	may determine and to terminate such employment. The appointment
24	of an executive director by the governing board is subject to
25	approval by the Governor and must be initially confirmed by the
26	Florida Senate. The governing board may delegate all or part of
27	its authority under this paragraph to the executive director.
28	However, the governing board shall delegate to the executive
29	director all of its authority to take final action on permit
30	applications under part II or part IV or petitions for variances
31	or waivers of permitting requirements under part II or part IV,
32	except for denials of such actions as provided in s. 373.083(5).
33	The executive director may execute such delegated authority
34	through designated staff members. Such delegations shall not be
35	subject to the rulemaking requirements of chapter 120. The
36	executive director must be confirmed by the Senate upon
37	employment and must be confirmed or reconfirmed by the Senate
38	during the second regular session of the Legislature following a
39	gubernatorial election.
40	(b)1.  The governing board of each water management
41	district shall employ An inspector general, who shall report
42	directly to the board. However, the governing boards of the
43	Suwannee River Water Management District and the Northwest
44	Florida Water Management District may jointly employ an
45	inspector general, or provide for inspector general services by
46	interagency agreement with a state agency or water management
47	district inspector general.
48	2.  An inspector general must have the same qualifications
49	prescribed and perform the applicable duties of state agency
50	inspectors general as provided in s. 20.055.
51	Section 2.  Subsection (5) of section 373.083, Florida
52	Statutes, is amended to read:
53	373.083  General powers and duties of the governing board.-
54	In addition to other powers and duties allowed it by law, the
55	governing board is authorized to:
56	(5)  Execute any of the powers, duties, and functions
57	vested in the governing board through a member or members
58	thereof, the executive director, or other district staff as
59	designated by the governing board. The governing board may
60	establish the scope and terms of any delegation. However, if the
61	governing board delegates shall delegate to the executive
62	director all of its authority to take final action on permit
63	applications under part II or part IV or petitions for variances
64	or waivers of permitting requirements under part II or part IV,
65	and the executive director may execute such delegated authority
66	through designated staff. Such delegations shall not be subject
67	to the rulemaking requirements of chapter 120. However, the
68	governing board must shall provide a process for referring a any
69	denial of such application or petition to the governing board
70	for the purpose of taking to take final action. Such process
71	shall expressly prohibit any member of a governing board from
72	intervening in any manner during the review of an application
73	prior to such application being referred to the governing board
74	for final action. The authority to delegate under in this
75	subsection is supplemental to any other provision of this
76	chapter granting authority to the governing board to delegate
77	specific powers, duties, or functions.
78	Section 3.  Subsection (5) is added to section 373.118,
79	Florida Statutes, to read:
80	373.118  General permits; delegation.-
81	(5)  To improve efficiency, the governing board may
82	delegate by rule its powers and duties pertaining to general
83	permits to the executive director. The executive director may
84	execute such delegated authority through designated staff.
85	However, when delegating the authority to take final action on
86	permit applications under part II or part IV or petitions for
87	variances or waivers of permitting requirements under part II or
88	part IV, the governing board must provide a process for
89	referring a denial of such application or petition to the
90	governing board for the purpose of taking final action.
91	Section 4.  This act shall take effect July 1, 2010.

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