Florida Senate - 2011                                    SB 1842
       By Senator Hays
       20-01577A-11                                          20111842__
    1                        A bill to be entitled                      
    2         An act relating to water management district budgets;
    3         amending s. 373.536, F.S.; requiring budget review and
    4         approval by the Executive Office of the Governor;
    5         requiring that the governing board give notice to the
    6         Executive Office of the Governor within 30 days after
    7         unanticipated and unallocated funds are applied during
    8         a disaster or emergency; prohibiting the district from
    9         using other means to enact a proposal rejected by the
   10         Governor; requiring that funds be withheld from a
   11         water management district that fails to comply with
   12         the review requirements; requiring an accounting of
   13         the source and balance of unobligated funds or net
   14         cash balance on hand; amending s. 373.503, F.S.;
   15         limiting the amount water management districts may
   16         levy for ad valorem taxes; providing for future
   17         expiration; providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Subsection (4) and paragraphs (b) and (d) of
   22  subsection (5) of section 373.536, Florida Statutes, are amended
   23  to read:
   24         373.536 District budget and hearing thereon.—
   25         (4) BUDGET CONTROLS.—
   26         (a) The final adopted budget for the district will
   27  thereupon be the operating and fiscal guide for the district for
   28  the ensuing year; however, transfers of funds may be made within
   29  the budget following review and approval by the Executive Office
   30  of the Governor by action of the governing board at a public
   31  meeting of the governing board.
   32         (b) The district shall control its budget, at a minimum, by
   33  funds and shall provide to the Executive Office of the Governor,
   34  for approval, a description of its budget control mechanisms.
   35         (c) Should the district receive unanticipated funds after
   36  the adoption of the final budget, the final budget may be
   37  amended, following review and approval by the Executive Office
   38  of the Governor, by including such funds, so long as notice of
   39  intention to amend is published in the notice of the governing
   40  board meeting at which the amendment will be considered,
   41  pursuant to s. 120.525. The notice shall set forth a summary of
   42  the proposed amendment. However, in the event of a disaster or
   43  of an emergency arising to prevent or avert the same, the
   44  governing board is shall not be limited by the budget but has
   45  shall have authority to apply such funds as may be available
   46  therefor or as may be procured for such purpose. If such an
   47  event occurs, the governing board shall notify the Executive
   48  Office of the Governor as soon as practical, but no later than
   49  30 days following the governing board’s action.
   51  APPROVAL.—
   52         (b) The Executive Office of the Governor and the water
   53  management districts shall develop a process to facilitate
   54  review and communication regarding water management district
   55  budgets, as necessary. Written disapproval of any provision in
   56  the tentative budget must be received by the district at least 5
   57  business days prior to the final district budget adoption
   58  hearing conducted under s. 200.065(2)(d). If written disapproval
   59  of any portion of the budget is not received at least 5 business
   60  days prior to the final budget adoption hearing, the governing
   61  board may proceed with final adoption. Any provision rejected by
   62  the Governor may shall not be included in a district’s final
   63  budget, and may not be acted upon through any other means
   64  without prior approval of the Governor. State funds shall be
   65  withheld from a water management district that fails to comply
   66  with these requirements.
   67         (d) The tentative budget must set forth the proposed
   68  expenditures of the district, to which may be added an amount to
   69  be held as reserve. The tentative budget must include, but is
   70  not limited to, the following information for the preceding
   71  fiscal year and the current fiscal year, and the proposed
   72  amounts for the upcoming fiscal year, in a standard format
   73  prescribed by the Executive Office of the Governor:
   74         1. The estimated amount of funds remaining at the beginning
   75  of the fiscal year which have been obligated for the payment of
   76  outstanding commitments not yet completed.
   77         2. The estimated amount of unobligated funds or net cash
   78  balance on hand at the beginning of the fiscal year, an
   79  accounting of the source of the funds and balance, and the
   80  estimated amount of funds to be raised by district taxes or
   81  received from other sources to meet the requirements of the
   82  district.
   83         3. The millage rates and the percentage increase above the
   84  rolled-back rate, together with a summary of the reasons the
   85  increase is required, and the percentage increase in taxable
   86  value resulting from new construction within the district.
   87         4. The salaries and benefits, expenses, operating capital
   88  outlay, number of authorized positions, and other personal
   89  services for the following program areas of the district:
   90         a. Water resource planning and monitoring;
   91         b. Land acquisition, restoration, and public works;
   92         c. Operation and maintenance of works and lands;
   93         d. Regulation;
   94         e. Outreach for which the information provided must contain
   95  a full description and accounting of expenditures for water
   96  resources education; public information and public relations,
   97  including public service announcements and advertising in any
   98  media; and lobbying activities related to local, regional, state
   99  and federal governmental affairs, whether incurred by district
  100  staff or through contractual services; and
  101         f. Management and administration.
  103  In addition to the program areas reported by all water
  104  management districts, the South Florida Water Management
  105  District shall include in its budget document separate sections
  106  on all costs associated with the Everglades Construction Project
  107  and the Comprehensive Everglades Restoration Plan.
  108         5. The total estimated amount in the district budget for
  109  each area of responsibility listed in subparagraph 4. and for
  110  water resource development projects identified in the district’s
  111  regional water supply plans.
  112         6. A description of each new, expanded, reduced, or
  113  eliminated program.
  114         7. The funding sources, including, but not limited to, ad
  115  valorem taxes, Surface Water Improvement and Management Program
  116  funds, other state funds, federal funds, and user fees and
  117  permit fees for each program area.
  118         Section 2. Paragraph (d) is added to subsection (3) of
  119  section 373.503, Florida Statutes, to read:
  120         373.503 Manner of taxation.—
  121         (3)
  122         (d) For the 2011-2012 and 2012-2013 fiscal years, the water
  123  management districts may not levy ad valorem taxes in excess of
  124  75 percent of the ad valorem tax levied in the 2010-2011 fiscal
  125  year. This paragraph expires July 1, 2013.
  126         Section 3. This act shall take effect July 1, 2011.