HB 1485

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; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Section 373.073, Florida Statutes, is amended
19	to read:
20	373.073  Governing board.-
21	(1)(a)  The governing board of each water management
22	district shall be composed of 9 elected members who must shall
23	reside within the district, except that the Southwest Florida
24	Water Management District shall be composed of 13 elected
25	members who must shall reside within the district. Members of
26	the governing boards shall be appointed by the Governor, subject
27	to confirmation by the Senate at the next regular session of the
28	Legislature, and the refusal or failure of the Senate to confirm
29	an appointment creates a vacancy in the office to which the
30	appointment was made.
31	(b)  The term of a member currently appointed to the
32	governing board of a water management district office shall
33	terminate upon the swearing in of an elected member.
34	(c)  The term of office for a governing board member is 4
35	years and commences on the first Tuesday after the first Monday
36	in January after the previous general election. The office is a
37	nonpartisan office and candidates for such office are prohibited
38	from campaigning or qualifying for election based on party
39	affiliation. Each candidate for water management district board
40	member shall qualify as provided under chapter 99 March 2 of the
41	year in which the appointment is made and terminates on March 1
42	of the fourth calendar year of the term or may continue until a
43	successor is appointed, but not more than 180 days. Terms of
44	office of governing board members shall be staggered to help
45	maintain consistency and continuity in the exercise of governing
46	board duties and to minimize disruption in district operations.
47	(b)  Commencing January 1, 2011, the Governor shall appoint
48	the following number of governing board members in each year of
49	the Governor's 4-year term of office:
50	1.  In the first year of the Governor's term of office, the
51	Governor shall appoint four members to the governing board of
52	the Southwest Florida Water Management District and appoint
53	three members to the governing board of each other district.
54	2.  In the second year of the Governor's term of office,
55	the Governor shall appoint three members to the governing board
56	of the Southwest Florida Water Management District and two
57	members to the governing board of each other district.
58	3.  In the third year of the Governor's term of office, the
59	Governor shall appoint three members to the governing board of
60	the Southwest Florida Water Management District and two members
61	to the governing board of each other district.
62	4.  In the fourth year of the Governor's term of office,
63	the Governor shall appoint three members to the governing board
64	of the Southwest Florida Water Management District and two
65	members to the governing board of each other district.
66
67	For any governing board vacancy that occurs before the next date
68	scheduled election for that the office to be filled under this
69	paragraph, the Governor shall appoint a person who meets the
70	applicable meeting residency requirements of subsection (2) to
71	complete the term of that office for a term that will expire on
72	the date scheduled for the term of that office to terminate
73	under this subsection. In addition to the residency requirements
74	for the governing boards as provided by subsection (2), the
75	Governor shall consider appointing governing board members to
76	represent an equitable cross-section of regional interests and
77	technical expertise.
78	(2)  Election to membership on governing boards must be in
79	accordance with shall be selected from candidates who have
80	significant experience in one or more of the following areas,
81	including, but not limited to: agriculture, the development
82	industry, local government, government-owned or privately owned
83	water utilities, law, civil engineering, environmental science,
84	hydrology, accounting, or financial businesses. Notwithstanding
85	the provisions of any other general or special law to the
86	contrary, vacancies in the governing boards of the water
87	management districts shall be filled according to the following
88	residency requirements, representing areas designated by the
89	United States Water Resources Council in United States
90	Geological Survey, River Basin and Hydrological Unit Map of
91	Florida-1975, Map Series No. 72:
92	(a)  Northwest Florida Water Management District:
93	1.  One member must shall reside in the area generally
94	designated as the "Perdido River Basin-Perdido Bay Coastal Area-
95	Lower Conecuh River-Escambia River Basin" hydrologic units and
96	that portion of the "Escambia Bay Coastal Area" hydrologic unit
97	which lies west of Pensacola Bay and Escambia Bay.
98	2.  One member must shall reside in the area generally
99	designated as the "Blackwater River Basin-Yellow River Basin-
100	Choctawhatchee Bay Coastal Area" hydrologic units and that
101	portion of the "Escambia Bay Coastal Area" hydrologic unit which
102	lies east of Pensacola Bay and Escambia Bay.
103	3.  One member must shall reside in the area generally
104	designated as the "Choctawhatchee River Basin-St. Andrews Bay
105	Coastal Area" hydrologic units.
106	4.  One member must shall reside in the area generally
107	designated as the "Lower Chattahoochee-Apalachicola River-
108	Chipola River Basin-Coastal Area between Ochlockonee River
109	Apalachicola Rivers-Apalachicola Bay coastal area and offshore
110	islands" hydrologic units.
111	5.  One member must shall reside in the area generally
112	designated as the "Ochlockonee River Basin-St. Marks and Wakulla
113	Rivers and coastal area between Aucilla and Ochlockonee River
114	Basin" hydrologic units.
115	6.  Four members shall be elected appointed at large,
116	except that no county shall have more than two members on the
117	governing board.
118	(b)  Suwannee River Water Management District:
119	1.  One member must shall reside in the area generally
120	designated as the "Aucilla River Basin" hydrologic unit.
121	2.  One member must shall reside in the area generally
122	designated as the "Coastal Area between Suwannee and Aucilla
123	Rivers" hydrologic unit.
124	3.  One member must shall reside in the area generally
125	designated as the "Withlacoochee River Basin-Alapaha River
126	Basin-Suwannee River Basin above the Withlacoochee River"
127	hydrologic units.
128	4.  One member must shall reside in the area generally
129	designated as the "Suwannee River Basin below the Withlacoochee
130	River excluding the Santa Fe River Basin" hydrologic unit.
131	5.  One member must shall reside in the area generally
132	designated as the "Santa Fe Basin-Waccasassa River and coastal
133	area between Withlacoochee and Suwannee River" hydrologic units.
134	6.  Four members shall be elected appointed at large,
135	except that no county shall have more than two members on the
136	governing board.
137	(c)  St. Johns River Water Management District:
138	1.  One member must shall reside in the area generally
139	designated as the "St. Marys River Basin-Coastal area between
140	St. Marys and St. Johns Rivers" hydrologic units.
141	2.  One member must shall reside in the area generally
142	designated as the "St. Johns River Basin below Oklawaha River-
143	Coastal area between the St. Johns River and Ponce de Leon
144	Inlet" hydrologic units.
145	3.  One member must shall reside in the area generally
146	designated as the "Oklawaha River Basin" hydrologic unit.
147	4.  One member must shall reside in the area generally
148	designated as the "St. Johns River Basin above the Oklawaha
149	River" hydrologic unit.
150	5.  One member must shall reside in the area generally
151	designated as the "Coastal area between Ponce de Leon Inlet and
152	Sebastian Inlet-Coastal area Sebastian Inlet to St. Lucie River"
153	hydrologic units.
154	6.  Four members shall be elected appointed at large,
155	except that no county shall have more than two members on the
156	governing board.
157	(d)  South Florida Water Management District:
158	1.  Two members must shall reside in Miami-Dade County.
159	2.  One member must shall reside in Broward County.
160	3.  One member must shall reside in Palm Beach County.
161	4.  One member must shall reside in Collier County, Lee
162	County, Hendry County, or Charlotte County.
163	5.  One member must shall reside in Glades County,
164	Okeechobee County, Highlands County, Polk County, Orange County,
165	or Osceola County.
166	6.  Two members, elected appointed at large, must shall
167	reside in an area consisting of St. Lucie County, Martin County,
168	Palm Beach County, Broward County, Miami-Dade County, or and
169	Monroe County Counties.
170	7.  One member, elected appointed at large, must shall
171	reside in an area consisting of Collier County, Lee County,
172	Charlotte County, Hendry County, Glades County, Osceola County,
173	Okeechobee County, Polk County, Highlands County, or and Orange
174	County Counties.
175	8.  No county shall have more than three members on the
176	governing board.
177	(e)  Southwest Florida Water Management District:
178	1.  Two members shall reside in Hillsborough County.
179	2.  One member must shall reside in the area consisting of
180	Hillsborough and Pinellas Counties.
181	3.  Two members must shall reside in Pinellas County.
182	4.  One member must shall reside in Manatee County.
183	5.  Two members must shall reside in Polk County.
184	6.  One member must shall reside in Pasco County.
185	7.  One member must shall be elected appointed at large
186	from Levy County, Citrus County, Sumter County, or and Lake
187	County Counties.
188	8.  One member shall be elected appointed at large from
189	Hardee County, DeSoto County, or and Highlands County Counties.
190	9.  One member shall be elected appointed at large from
191	Marion County or and Hernando County Counties.
192	10.  One member shall be elected appointed at large from
193	Sarasota County or and Charlotte County Counties.
194	Section 2.  Subsections (1), (2), and (5) of section
195	373.536, Florida Statutes, are amended to read:
196	373.536  District budget and hearing thereon.-
197	(1)  FISCAL YEAR.-The fiscal year of districts created
198	under the provisions of this chapter shall extend from July
199	October 1 of one year through June September 30 of the following
200	year.
201	(2)  BUDGET SUBMITTAL.-The budget officer of the district
202	shall, on or before July 15 of each year, submit for
203	consideration by the governing board of the district a tentative
204	budget for the district covering its proposed operations and
205	funding requirements for the ensuing fiscal year.
206	(5)  TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND
207	APPROVAL.-
208	(a)  The Legislature Executive Office of the Governor is
209	authorized to approve or disapprove, in whole or in part, the
210	budget of each water management district and shall analyze each
211	budget as to the adequacy of fiscal resources available to the
212	district and the adequacy of district expenditures related to
213	water supply, including water resource development projects
214	identified in the district's regional water supply plans; water
215	quality; flood protection and floodplain management; and natural
216	systems. This analysis shall be based on the particular needs
217	within each water management district in those four areas of
218	responsibility.
219	(b)  The Executive Office of the Governor and the water
220	management districts shall develop a process to facilitate
221	review and communication regarding water management district
222	budgets, as necessary. Written disapproval of any provision in
223	the tentative budget must be received by the district at least 5
224	business days prior to the final district budget adoption
225	hearing conducted under s. 200.065(2)(d). If written disapproval
226	of any portion of the budget is not received at least 5 business
227	days prior to the final budget adoption hearing, the governing
228	board may proceed with final adoption. Any provision rejected by
229	the Governor shall not be included in a district's final budget.
230	(b)(c)  Each water management district shall, by January
231	August 1 of each year, submit for review a tentative budget to
232	the Governor, the President of the Senate, the Speaker of the
233	House of Representatives, the chairs of all legislative
234	committees and subcommittees with substantive or fiscal
235	jurisdiction over water management districts, as determined by
236	the President of the Senate or the Speaker of the House of
237	Representatives as applicable, the secretary of the department,
238	and the governing body of each county in which the district has
239	jurisdiction or derives any funds for the operations of the
240	district.
241	(c)(d)  The tentative budget must set forth the proposed
242	expenditures of the district, to which may be added an amount to
243	be held as reserve. The tentative budget must include, but is
244	not limited to, the following information for the preceding
245	fiscal year and the current fiscal year, and the proposed
246	amounts for the upcoming fiscal year, in a standard format
247	prescribed by the Legislature Executive Office of the Governor:
248	1.  The estimated amount of funds remaining at the
249	beginning of the fiscal year which have been obligated for the
250	payment of outstanding commitments not yet completed.
251	2.  The estimated amount of unobligated funds or net cash
252	balance on hand at the beginning of the fiscal year, and the
253	estimated amount of funds to be raised by district taxes or
254	received from other sources to meet the requirements of the
255	district.
256	3.  The millage rates and the percentage increase above the
257	rolled-back rate, together with a summary of the reasons the
258	increase is required, and the percentage increase in taxable
259	value resulting from new construction within the district.
260	4.  The salaries and benefits, expenses, operating capital
261	outlay, number of authorized positions, and other personal
262	services for the following program areas of the district:
263	a.  Water resource planning and monitoring;
264	b.  Land acquisition, restoration, and public works;
265	c.  Operation and maintenance of works and lands;
266	d.  Regulation;
267	e.  Outreach for which the information provided must
268	contain a full description and accounting of expenditures for
269	water resources education; public information and public
270	relations, including public service announcements and
271	advertising in any media; and lobbying activities related to
272	local, regional, state and federal governmental affairs, whether
273	incurred by district staff or through contractual services; and
274	f.  Management and administration.
275
276	In addition to the program areas reported by all water
277	management districts, the South Florida Water Management
278	District shall include in its budget document separate sections
279	on all costs associated with the Everglades Construction Project
280	and the Comprehensive Everglades Restoration Plan.
281	5.  The total estimated amount in the district budget for
282	each area of responsibility listed in subparagraph 4. and for
283	water resource development projects identified in the district's
284	regional water supply plans.
285	6.  A description of each new, expanded, reduced, or
286	eliminated program.
287	7.  The funding sources, including, but not limited to, ad
288	valorem taxes, Surface Water Improvement and Management Program
289	funds, other state funds, federal funds, and user fees and
290	permit fees for each program area.
291	(e)  By September 5 of the year in which the budget is
292	submitted, the House and Senate appropriations and appropriate
293	substantive committee chairs may transmit to each district
294	comments and objections to the proposed budgets. Each district
295	governing board shall include a response to such comments and
296	objections in the record of the governing board meeting where
297	final adoption of the budget takes place, and the record of this
298	meeting shall be transmitted to the Executive Office of the
299	Governor, the department, and the chairs of the House and Senate
300	appropriations committees.
301	(f)  The Executive Office of the Governor shall annually,
302	on or before December 15, file with the Legislature a report
303	that summarizes its review of the water management districts'
304	tentative budgets and displays the adopted budget allocations by
305	program area. The report must identify the districts that are
306	not in compliance with the reporting requirements of this
307	section. State funds shall be withheld from a water management
308	district that fails to comply with these reporting requirements.
309	Section 3.  Paragraph (d) of subsection (8) of section
310	373.026, Florida Statutes, is amended to read:
311	373.026  General powers and duties of the department.-The
312	department, or its successor agency, shall be responsible for
313	the administration of this chapter at the state level. However,
314	it is the policy of the state that, to the greatest extent
315	possible, the department may enter into interagency or
316	interlocal agreements with any other state agency, any water
317	management district, or any local government conducting programs
318	related to or materially affecting the water resources of the
319	state. All such agreements shall be subject to the provisions of
320	s. 373.046. In addition to its other powers and duties, the
321	department shall, to the greatest extent possible:
322	(8)
323	(d)  The Legislature Executive Office of the Governor,
324	pursuant to its duties under s. 373.536(5) to approve or
325	disapprove, in whole or in part, the budget of each water
326	management district, shall review all proposed expenditures for
327	project components in the district's budget.
328	Section 4.  This act shall take effect July 1, 2011.

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