CS/CS/HB 649

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 district governing board members serving on
6	basin boards; providing that district governing board
7	members serving on basin boards are voting members and
8	counted for quorum purposes; providing for district
9	governing board members to serve as basin board chairs and
10	co-chairs; authorizing a quorum of remaining members to
11	transact business if there is a vacancy on the board;
12	deleting provisions providing for the formation of the
13	Manasota Basin and the Manasota Basin Board; amending s.
14	373.171, F.S.; exempting cooperative funding programs from
15	certain rulemaking requirements; amending s. 373.609,
16	F.S.; authorizing local governments to adopt ordinances to
17	implement certain landscape irrigation restrictions;
18	amending s. 373.707, F.S.; revising requirements for the
19	expenditure of funds provided pursuant to the Water
20	Protection and Sustainability Program; authorizing the
21	Suwannee River Water Management District to use such funds
22	for additional purposes; providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Section 373.0693, Florida Statutes, is amended
27	to read:
28	373.0693  Basins; basin boards.-
29	(1)(a)  Any areas within a district may be designated by
30	the district governing board as subdistricts or basins. The
31	designations of such basins shall be made by resolution of the
32	district governing board by resolutions thereof. The governing
33	board of the district may change the boundaries of such basins,
34	or create new basins, by resolution.
35	(b)  No subdistrict or basin in the St. Johns River Water
36	Management District other than established by this act is shall
37	become effective until approved by the Legislature.
38	(2)  Each basin shall be under the control of a basin board
39	which shall be composed of each governing board member who
40	resides in the basin or who is appointed by the governing board
41	chair and any members appointed by the Governor who reside in
42	the basin. A basin board shall have at least not less than three
43	members, but shall include one representative from each of the
44	counties included in the basin.
45	(3)  Except for members of the district governing board
46	serving on a basin board pursuant to subsections (2) and (6),
47	each member of a the various basin board boards shall be
48	appointed serve for a period of 3 years or until a successor is
49	appointed, but not more than 180 days after the end of the
50	term., except that The board membership of each new basin board
51	shall be divided into three groups as equally as possible, with
52	members in such groups to be appointed for 1, 2, and 3 years,
53	respectively. Each basin board shall choose a vice chair and a
54	secretary to serve for a period of 1 year. The term of office of
55	a basin board member shall be construed to commence on March 2
56	preceding the date of appointment and to terminate March 1 of
57	the year of the end of a term or may continue until a successor
58	is appointed, but not more than 180 days after the end of the
59	expired term. Members of the district governing board serving on
60	a basin board pursuant to subsections (2) and (6) shall serve
61	for a period commensurate with their term on the governing
62	board.
63	(4)  Except for members of the district governing board
64	serving on a basin board pursuant to subsections (2) and (6),
65	members of a basin board boards shall be appointed by the
66	Governor, subject to confirmation by the Senate at the next
67	regular session of the Legislature.; and The refusal or failure
68	of the Senate to confirm an appointment shall create a vacancy
69	in the office to which the appointment was made.
70	(5)  Basin board members shall serve without receive no
71	compensation for services as such; but are entitled to
72	reimbursement for per diem and travel expenses as provided in s.
73	112.061, while officially on work for the district, they shall
74	receive their actual travel expenses between their respective
75	places of residence and the place where official district
76	business is conducted, subsistence, lodging, and other expenses
77	in the amount actually incurred. These expenses may not exceed
78	the statutory amount allowed state officers and employees. This
79	subsection applies retroactively to the effective date of the
80	creation of each of the five separate water management
81	districts.
82	(6)(a)  Notwithstanding any other provision of the
83	provisions of any other general or special law to the contrary,
84	members a member of the district governing board serving on a
85	basin of the district residing in the basin or, if no member
86	resides in the basin, a member of the governing board designated
87	by the chair of the governing board shall be voting members of
88	the basin board and counted for purposes of establishing a
89	quorum.
90	(b)  A governing board member shall serve as the chair of
91	the basin board. Each governing board member serving on a basin
92	board shall rotate as co-chair of the basin board. The chair or
93	co-chair shall preside at all meetings of the basin board,
94	except that the vice chair may preside in the his or her absence
95	of the chair and co-chair. The chair shall be the liaison
96	officer of the district in all affairs in the basin and shall be
97	kept informed of all such affairs.
98	(c)  If a vacancy occurs on a basin board, a quorum of the
99	total remaining members may continue to transact official
100	business until a successor is appointed.
101	(d)(b)  Basin boards within the Southwest Florida Water
102	Management District shall meet regularly as determined by a
103	majority vote of the basin board members. Subject to the notice
104	requirements of chapter 120, special meetings, both emergency
105	and nonemergency, may be called either by the chair or the
106	elected vice chair of the basin board or upon request of two
107	basin board members. The district staff shall include on the
108	agenda of any basin board meeting any item for discussion or
109	action requested by a member of that basin board. The district
110	staff shall notify any basin board, as well as their respective
111	counties, of any vacancies occurring in the district governing
112	board or their respective basin boards.
113	(7)  At 11:59 p.m. on December 31, 1976, the Manasota
114	Watershed Basin of the Ridge and Lower Gulf Coast Water
115	Management District, which is annexed to the Southwest Florida
116	Water Management District by change of its boundaries pursuant
117	to chapter 76-243, Laws of Florida, shall be formed into a
118	subdistrict or basin of the Southwest Florida Water Management
119	District, subject to the same provisions as the other basins in
120	such district. Such subdistrict shall be designated initially as
121	the Manasota Basin. The members of the governing board of the
122	Manasota Watershed Basin of the Ridge and Lower Gulf Coast Water
123	Management District shall become members of the governing board
124	of the Manasota Basin of the Southwest Florida Water Management
125	District. Notwithstanding other provisions in this section,
126	beginning on July 1, 2001, the membership of the Manasota Basin
127	Board shall be comprised of two members from Manatee County and
128	two members from Sarasota County. Matters relating to tie votes
129	shall be resolved pursuant to subsection (6) by the chair
130	designated by the governing board to vote in case of a tie vote.
131	(7)(8)(a)  At 11:59 p.m. on June 30, 1988, the area
132	transferred from the Southwest Florida Water Management District
133	to the St. Johns River Water Management District by change of
134	boundaries pursuant to chapter 76-243, Laws of Florida, shall
135	cease to be a subdistrict or basin of the St. Johns River Water
136	Management District known as the Oklawaha River Basin and said
137	Oklawaha River Basin shall cease to exist. However, any
138	recognition of an Oklawaha River Basin or an Oklawaha River
139	Hydrologic Basin for regulatory purposes shall be unaffected.
140	The area formerly known as the Oklawaha River Basin shall
141	continue to be part of the St. Johns River Water Management
142	District.
143	(b)  Also, the entire area of the St. Johns River Water
144	Management District, less those areas formerly in the Oklawaha
145	Basin, shall cease to be a subdistrict or basin of the St. Johns
146	River Water Management District known as the Greater St. Johns
147	River Basin and said Greater St. Johns River Basin shall cease
148	to exist. The area formerly known as the Greater St. Johns River
149	Basin shall continue to be part of the St. Johns River Water
150	Management District.
151	(c)  As of 11:59 p.m. on June 30, 1988, assets and
152	liabilities of the former Oklawaha River and Greater St. Johns
153	River Basins shall be assets and liabilities of the St. Johns
154	River Water Management District. Any contracts, plans, orders,
155	or agreements of such basins shall continue to be in effect, but
156	may be modified or repealed by the St. Johns River Water
157	Management District in accordance with law. For all purposes for
158	assessing and levying the millage rate authorized under s.
159	373.503, subsequent to December 31, 1987, including the purposes
160	of certifying the millage rate for fiscal year 1988-1989,
161	pursuant to chapter 200, said millage rate shall be levied
162	retroactive to January 1, 1988.
163	(8)(9)  At 11:59 p.m. on December 31, 1976, a portion of
164	the Big Cypress Basin of the Ridge and Lower Gulf Coast District
165	which is being annexed into the South Florida Water Management
166	District by change of boundaries pursuant to chapter 76-243,
167	Laws of Florida, shall be formed into a subdistrict or basin of
168	the South Florida Water Management District. Such portion shall
169	be designated as the Big Cypress Basin. On or before December
170	31, 1976, the Governor shall appoint not fewer than five persons
171	residing in the area to serve as members of the governing board
172	of the basin, effective at the time of transfer and subject to
173	confirmation by the Senate as provided in subsection (4).
174	(a)  The initial boundaries of the Big Cypress Basin shall
175	be established by resolution of the governing board of Central
176	and Southern Florida Flood Control District, after notice and
177	hearing, and generally shall encompass the Big Cypress Swamp and
178	southwestern coastal area hydrologic cataloging unit, as
179	indicated on River Basin and Hydrologic Unit Map of Florida-
180	1975, Florida Department of Natural Resources, Bureau of Geology
181	Map Series No. 72.
182	(b)  If the governing board shall fail to establish the
183	initial boundaries on or before December 31, 1976, the initial
184	boundaries shall be the same boundaries as described for the Big
185	Cypress Basin of the Ridge and Lower Gulf Coast District.
186	(c)  The governing board of the South Florida Water
187	Management District subsequently may change the boundaries of
188	the basin, but may not abolish the basin.
189	(9)(10)  At 11:59 p.m. on December 31, 1976, the entire
190	area of the South Florida Water Management District, including
191	all areas being annexed into the district pursuant to chapter
192	76-243, Laws of Florida, but less those areas in the Big Cypress
193	Basin, shall be formed into a subdistrict or basin of the South
194	Florida Water Management District. Such area shall be designated
195	as the Okeechobee Basin.
196	(a)  The governing board of the South Florida Water
197	Management District shall also serve as the governing board of
198	the Okeechobee Basin.
199	(b)  The governing board of the South Florida Water
200	Management District may change the boundaries of the Okeechobee
201	Basin or may subdivide the basin into smaller basins to be
202	governed by basin boards to be appointed by the Governor,
203	subject to confirmation by the Senate as provided in subsection
204	(4). However, the basin may not be enlarged to include the area
205	included within the initial boundaries of the Big Cypress Basin.
206	(c)  The local effort required in connection with
207	construction, operation, and maintenance of the cooperative
208	federal project referred to as the Central and Southern Florida
209	Flood Control Project, which remains after the upper St. Johns
210	portion is transferred to the St. Johns River Water Management
211	District, shall be funded by tax levies on all taxable property
212	within the Okeechobee Basin. In the event the Okeechobee Basin
213	is subdivided into smaller basins, as authorized in paragraph
214	(b), the governing board shall ascertain the equitable pro rata
215	share for each smaller basin and charge back such share so as to
216	ensure that the portion of the Central and Southern Florida
217	Flood Control Project remaining in the South Florida Water
218	Management District shall continue to be funded on an equal
219	basis throughout the entire Okeechobee Basin as initially
220	described on December 31, 1976.
221	Section 2.  Subsection (5) is added to section 373.171,
222	Florida Statutes, to read:
223	373.171  Rules.-
224	(5)  Cooperative funding programs are not subject to the
225	rulemaking requirements of chapter 120. However, any portion of
226	an approved program which affects the substantial interests of a
227	party is subject to s. 120.569.
228	Section 3.  Section 373.609, Florida Statutes, is amended
229	to read:
230	373.609  Enforcement; city and county officers to assist.-
231	It shall be the duty of every state and county attorney,
232	sheriff, police officer, and other appropriate city and county
233	official, upon request, to assist the department, the governing
234	board of any water management district, or any local board, or
235	any of their agents in the enforcement of the provisions of this
236	law and the rules and regulations adopted thereunder.
237	Notwithstanding s. 373.217, local governments may adopt
238	ordinances implementing landscape irrigation restrictions as set
239	forth in water management district rules and orders.
240	Section 4.  Paragraph (c) of subsection (8) of section
241	373.707, Florida Statutes, is amended to read:
242	373.707  Alternative water supply development.-
243	(8)
244	(c)  The Financial assistance for alternative water supply
245	projects allocated in each district's budget as required in
246	subsection (6) shall be combined with the state funds and used
247	to assist in funding the project construction costs of
248	alternative water supply projects and the project costs of
249	conservation projects that result in quantifiable water savings
250	selected by the governing board. If the district has not
251	completed any regional water supply plan, or the regional water
252	supply plan does not identify the need for any alternative water
253	supply projects, Funds deposited in the Water Protection and
254	Sustainability Program Trust Fund to the credit of the Suwannee
255	River Water Management District that district's trust fund may
256	also be used for regional water supply planning, water resource
257	development, and water resource projects, including, but not
258	limited to, springs protection.
259	Section 5.  This act shall take effect upon becoming a law.

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