Bill Text: FL H0649 | 2011 | Regular Session | Comm Sub
Bill Title: Water Management Districts
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0649 Detail]
Download: Florida-2011-H0649-Comm_Sub.html
CS/CS/HB 649 |
1 | |
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 |
32 | district governing board |
33 | board |
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 |
37 | |
38 | (2) Each basin shall be under the control of a basin board |
39 | |
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 |
43 | members |
44 | |
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 |
48 | appointed |
49 | appointed, but not more than 180 days after the end of the |
50 | term. |
51 | shall be divided into three groups as equally as possible, with |
52 | members in such groups |
53 | respectively. Each basin board shall choose a vice chair and a |
54 | secretary to serve for |
55 | a basin board member shall |
56 | preceding the date of appointment and |
57 | the year of the end of a term or |
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 |
66 | Governor, subject to confirmation by the Senate at the next |
67 | regular session of the Legislature. |
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 |
71 | compensation |
72 | reimbursement for per diem and travel expenses as provided in s. |
73 | 112.061 |
74 | |
75 | |
76 | |
77 | |
78 | |
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 |
83 | |
84 | members |
85 | basin |
86 | |
87 | |
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 |
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) |
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 |
106 | elected vice chair |
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 | |
114 | |
115 | |
116 | |
117 | |
118 | |
119 | |
120 | |
121 | |
122 | |
123 | |
124 | |
125 | |
126 | |
127 | |
128 | |
129 | |
130 | |
131 | (7) |
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) |
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) |
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) |
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. |
251 | |
252 | |
253 | |
254 | Sustainability Program Trust Fund to the credit of the Suwannee |
255 | River Water Management District |
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. |
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