Florida Senate - 2011 SENATOR AMENDMENT
Bill No. CS for CS for HB 389
Barcode 303674
LEGISLATIVE ACTION
Senate . House
.
.
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
Senator Detert moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 121 and 122
4 insert:
5 Section 4. Subsections (1) through (7) of section 373.0693,
6 Florida Statutes, are amended to read:
7 373.0693 Basins; basin boards.—
8 (1)(a) Any areas within a district may be designated by the
9 district governing board as subdistricts or basins. The
10 designations of such basins shall be made by resolution of the
11 district governing board by resolutions thereof. The governing
12 board of the district may change the boundaries of such basins,
13 or create new basins, by resolution.
14 (b) No subdistrict or basin in the St. Johns River Water
15 Management District other than established by this act is shall
16 become effective until approved by the Legislature.
17 (2) Each basin shall be under the control of a basin board
18 which shall be composed of district governing board members
19 residing in the basin or appointed by the governing board chair,
20 plus any residents of the basin who are not members of the
21 district governing board whom the Governor may choose to
22 appoint. The basin board must have at least not less than three
23 members, but shall include one representative from each of the
24 counties included in the basin.
25 (3) A member of the district governing board serving on a
26 basin board pursuant to subsection (2) shall serve for a period
27 commensurate with his or her term of office on the governing
28 board. A basin board member appointed by the Governor under
29 subsection (2) each member of the various basin boards shall be
30 appointed serve for a period of 3 years or until a successor is
31 appointed, but not more than 180 days after the end of the
32 term., except that The board membership of each new basin board
33 shall be divided into three groups as equally as possible, with
34 members in such groups to be appointed for 1, 2, and 3 years,
35 respectively. Each basin board shall choose a vice chair and a
36 secretary to serve for a period of 1 year. The term of office of
37 a basin board member commences shall be construed to commence on
38 March 2 preceding the date of appointment and terminates to
39 terminate March 1 of the year of the end of a term or may
40 continue until a successor is appointed, but not more than 180
41 days after the end of the expired term.
42 (4) Members of a basin board boards shall be appointed by
43 the Governor are, subject to confirmation by the Senate at the
44 next regular session of the Legislature.; and The refusal or
45 failure of the Senate to confirm an appointment shall create a
46 vacancy in the office to which the appointment was made.
47 (5) Basin board members shall serve without receive no
48 compensation, for services as such; but are entitled to
49 reimbursement for per diem and travel expenses as provided in s.
50 112.061, while officially on work for the district, they shall
51 receive their actual travel expenses between their respective
52 places of residence and the place where official district
53 business is conducted, subsistence, lodging, and other expenses
54 in the amount actually incurred. These expenses may not exceed
55 the statutory amount allowed state officers and employees. This
56 subsection applies retroactively to the effective date of the
57 creation of each of the five separate water management
58 districts.
59 (6)(a) Notwithstanding any other provision of the
60 provisions of any other general or special law to the contrary,
61 members a member of the district governing board serving on a
62 basin board pursuant to subsection (2) are voting members of the
63 basin board and are counted for purposes of establishing a
64 quorum. of the district residing in the basin or, if no member
65 resides in the basin, a member of the governing board designated
66 by the chair of the governing board shall be
67 (b) A district governing board member shall serve as the
68 chair of the basin board. Each governing board member shall
69 rotate as co-chair. The chair or co-chair shall preside at all
70 meetings of the basin board, except that the co-chair vice chair
71 may preside in the his or her absence of the chair. The chair
72 shall be the liaison officer of the district in all affairs in
73 the basin and shall be kept informed of all such affairs.
74 (c) If a vacancy occurs on a basin board, a quorum of the
75 total remaining members may continue to transact official
76 business until a successor is appointed.
77 (d)(b) Basin boards within the Southwest Florida Water
78 Management District shall meet regularly as determined by a
79 majority vote of the basin board members. Subject to the notice
80 requirements of chapter 120, special meetings, both emergency
81 and nonemergency, may be called either by the chair or the
82 elected vice chair of the basin board or upon request of two
83 basin board members. The district staff shall include on the
84 agenda of any basin board meeting any item for discussion or
85 action requested by a member of that basin board. The district
86 staff shall notify any basin board, as well as their respective
87 counties, of any vacancies occurring in the district governing
88 board or their respective basin boards.
89 (7) At 11:59 p.m. on December 31, 1976, the Manasota
90 Watershed Basin of the Ridge and Lower Gulf Coast Water
91 Management District, which is annexed to the Southwest Florida
92 Water Management District by change of its boundaries pursuant
93 to chapter 76-243, Laws of Florida, shall be formed into a
94 subdistrict or basin of the Southwest Florida Water Management
95 District, subject to the same provisions as the other basins in
96 such district. Such subdistrict shall be designated initially as
97 the Manasota Basin. The members of the governing board of the
98 Manasota Watershed Basin of the Ridge and Lower Gulf Coast Water
99 Management District shall become members of the governing board
100 of the Manasota Basin of the Southwest Florida Water Management
101 District. Notwithstanding other provisions in this section,
102 beginning on July 1, 2001, the membership of the Manasota Basin
103 Board shall be comprised of two members from Manatee County and
104 two members from Sarasota County. Matters relating to tie votes
105 shall be resolved pursuant to subsection (6) by the chair
106 designated by the governing board to vote in case of a tie vote.
107 Section 5. Subsection (5) is added to section 373.171,
108 Florida Statutes, to read:
109 373.171 Rules.—
110 (5) Cooperative funding programs are not subject to the
111 rulemaking requirements of chapter 120. However, any portion of
112 an approved program which affects the substantial interests of a
113 party is subject to s. 120.569.
114 Section 6. Section 373.609, Florida Statutes, is amended to
115 read:
116 373.609 Enforcement; city and county officers to assist.—It
117 is shall be the duty of every state and county attorney,
118 sheriff, police officer, and other appropriate city and county
119 official, upon request, to assist the department, the governing
120 board of any water management district, or any local board, or
121 any of their agents in the enforcement of the provisions of this
122 law and the rules and regulations adopted thereunder.
123 Notwithstanding s. 373.217, local governments may adopt
124 ordinances that implement restrictions on landscape irrigation
125 as set forth in water management district rules or orders.
126 Section 7. Paragraph (c) of subsection (8) of section
127 373.707, Florida Statutes, is amended to read:
128 373.707 Alternative water supply development.—
129 (8)
130 (c) The Financial assistance for alternative water supply
131 projects allocated in each district’s budget as required in
132 subsection (6) shall be combined with the state funds and used
133 to assist in funding the project construction costs of
134 alternative water supply projects and the project costs of
135 conservation projects that result in quantifiable water savings
136 selected by the governing board. If the district has not
137 completed any regional water supply plan, or the regional water
138 supply plan does not identify the need for any alternative water
139 supply projects, Funds deposited in the Water Protection and
140 Sustainability Program Trust Fund to the credit of the Suwannee
141 River Water Management District that district’s trust fund may
142 also be used for regional water supply planning, water resource
143 development, and water resource projects, including, but not
144 limited to, springs protection.
145
146 ================= T I T L E A M E N D M E N T ================
147 And the title is amended as follows:
148
149 Delete line 25
150 and insert:
151
152 permit; amending s. 373.0693, F.S.; revising
153 provisions relating to the membership of basin boards;
154 specifying membership, appointment of members, and
155 terms of service; providing that basin board members
156 who are members of district governing boards are
157 voting members and are counted for quorum purposes;
158 providing that district governing board members shall
159 serve as the basin board chair and as co-chairs;
160 providing that a quorum of remaining members may
161 conduct business if there is a vacancy on the board;
162 deleting provisions relating to the governing board of
163 the Manasota Basin Board; amending s. 373.171, F.S.;
164 exempting cooperative funding programs from certain
165 rulemaking requirements; amending s. 373.609, F.S.;
166 providing that local governments may adopt
167 restrictions on landscape irrigation as set forth in
168 district rules or orders; amending s. 373.707, F.S.;
169 authorizing water management districts to use certain
170 moneys in the Water Protection and Sustainability
171 Program Trust Fund for water resource development
172 projects; providing an effective date.