Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 934
                                Barcode 138682                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Detert moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 120 and 121
    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.
  146  ================= T I T L E  A M E N D M E N T ================
  147  And the title is amended as follows:
  149         Delete line 25
  150  and insert:
  152         amending s. 373.0693, F.S.; revising provisions
  153         relating to the membership of basin boards; specifying
  154         membership, appointment of members, and terms of
  155         service; providing that basin board members who are
  156         members of district governing boards are voting
  157         members and are counted for quorum purposes; providing
  158         that district governing board members shall serve as
  159         the basin board chair and as co-chairs; providing that
  160         a quorum of remaining members may conduct business if
  161         there is a vacancy on the board; deleting provisions
  162         relating to the governing board of the Manasota Basin
  163         Board; amending s. 373.171, F.S.; exempting
  164         cooperative funding programs from certain rulemaking
  165         requirements; amending s. 373.609, F.S.; providing
  166         that local governments may adopt restrictions on
  167         landscape irrigation as set forth in district rules or
  168         orders; amending s. 373.707, F.S.; authorizing water
  169         management districts to use certain moneys in the
  170         Water Protection and Sustainability Program Trust Fund
  171         for water resource development projects; providing an
  172         effective date.