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Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0649 Detail]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

A bill to be entitled
2An act relating to water management districts; amending s.
3373.0693, F.S.; revising provisions relating to the
4membership of basin boards; specifying the terms of
5service for district governing board members serving on
6basin boards; providing that district governing board
7members serving on basin boards are voting members and
8counted for quorum purposes; providing for district
9governing board members to serve as basin board chairs and
10co-chairs; authorizing a quorum of remaining members to
11transact business if there is a vacancy on the board;
12deleting provisions providing for the formation of the
13Manasota Basin and the Manasota Basin Board; amending s.
14373.171, F.S.; exempting cooperative funding programs from
15certain rulemaking requirements; amending s. 373.609,
16F.S.; authorizing local governments to adopt ordinances to
17implement certain landscape irrigation restrictions;
18amending s. 373.707, F.S.; revising requirements for the
19expenditure of funds provided pursuant to the Water
20Protection and Sustainability Program; authorizing the
21Suwannee River Water Management District to use such funds
22for additional purposes; providing an effective date.
24Be It Enacted by the Legislature of the State of Florida:
26     Section 1.  Section 373.0693, Florida Statutes, is amended
27to read:
28     373.0693  Basins; basin boards.-
29     (1)(a)  Any areas within a district may be designated by
30the district governing board as subdistricts or basins. The
31designations of such basins shall be made by resolution of the
32district governing board by resolutions thereof. The governing
33board of the district may change the boundaries of such basins,
34or create new basins, by resolution.
35     (b)  No subdistrict or basin in the St. Johns River Water
36Management District other than established by this act is shall
37become effective until approved by the Legislature.
38     (2)  Each basin shall be under the control of a basin board
39which shall be composed of each governing board member who
40resides in the basin or who is appointed by the governing board
41chair and any members appointed by the Governor who reside in
42the basin. A basin board shall have at least not less than three
43members, but shall include one representative from each of the
44counties included in the basin.
45     (3)  Except for members of the district governing board
46serving on a basin board pursuant to subsections (2) and (6),
47each member of a the various basin board boards shall be
48appointed serve for a period of 3 years or until a successor is
49appointed, but not more than 180 days after the end of the
50term., except that The board membership of each new basin board
51shall be divided into three groups as equally as possible, with
52members in such groups to be appointed for 1, 2, and 3 years,
53respectively. Each basin board shall choose a vice chair and a
54secretary to serve for a period of 1 year. The term of office of
55a basin board member shall be construed to commence on March 2
56preceding the date of appointment and to terminate March 1 of
57the year of the end of a term or may continue until a successor
58is appointed, but not more than 180 days after the end of the
59expired term. Members of the district governing board serving on
60a basin board pursuant to subsections (2) and (6) shall serve
61for a period commensurate with their term on the governing
63     (4)  Except for members of the district governing board
64serving on a basin board pursuant to subsections (2) and (6),
65members of a basin board boards shall be appointed by the
66Governor, subject to confirmation by the Senate at the next
67regular session of the Legislature.; and The refusal or failure
68of the Senate to confirm an appointment shall create a vacancy
69in the office to which the appointment was made.
70     (5)  Basin board members shall serve without receive no
71compensation for services as such; but are entitled to
72reimbursement for per diem and travel expenses as provided in s.
73112.061, while officially on work for the district, they shall
74receive their actual travel expenses between their respective
75places of residence and the place where official district
76business is conducted, subsistence, lodging, and other expenses
77in the amount actually incurred. These expenses may not exceed
78the statutory amount allowed state officers and employees. This
79subsection applies retroactively to the effective date of the
80creation of each of the five separate water management
82     (6)(a)  Notwithstanding any other provision of the
83provisions of any other general or special law to the contrary,
84members a member of the district governing board serving on a
85basin of the district residing in the basin or, if no member
86resides in the basin, a member of the governing board designated
87by the chair of the governing board shall be voting members of
88the basin board and counted for purposes of establishing a
90     (b)  A governing board member shall serve as the chair of
91the basin board. Each governing board member serving on a basin
92board shall rotate as co-chair of the basin board. The chair or
93co-chair shall preside at all meetings of the basin board,
94except that the vice chair may preside in the his or her absence
95of the chair and co-chair. The chair shall be the liaison
96officer of the district in all affairs in the basin and shall be
97kept informed of all such affairs.
98     (c)  If a vacancy occurs on a basin board, a quorum of the
99total remaining members may continue to transact official
100business until a successor is appointed.
101     (d)(b)  Basin boards within the Southwest Florida Water
102Management District shall meet regularly as determined by a
103majority vote of the basin board members. Subject to the notice
104requirements of chapter 120, special meetings, both emergency
105and nonemergency, may be called either by the chair or the
106elected vice chair of the basin board or upon request of two
107basin board members. The district staff shall include on the
108agenda of any basin board meeting any item for discussion or
109action requested by a member of that basin board. The district
110staff shall notify any basin board, as well as their respective
111counties, of any vacancies occurring in the district governing
112board or their respective basin boards.
113     (7)  At 11:59 p.m. on December 31, 1976, the Manasota
114Watershed Basin of the Ridge and Lower Gulf Coast Water
115Management District, which is annexed to the Southwest Florida
116Water Management District by change of its boundaries pursuant
117to chapter 76-243, Laws of Florida, shall be formed into a
118subdistrict or basin of the Southwest Florida Water Management
119District, subject to the same provisions as the other basins in
120such district. Such subdistrict shall be designated initially as
121the Manasota Basin. The members of the governing board of the
122Manasota Watershed Basin of the Ridge and Lower Gulf Coast Water
123Management District shall become members of the governing board
124of the Manasota Basin of the Southwest Florida Water Management
125District. Notwithstanding other provisions in this section,
126beginning on July 1, 2001, the membership of the Manasota Basin
127Board shall be comprised of two members from Manatee County and
128two members from Sarasota County. Matters relating to tie votes
129shall be resolved pursuant to subsection (6) by the chair
130designated 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
132transferred from the Southwest Florida Water Management District
133to the St. Johns River Water Management District by change of
134boundaries pursuant to chapter 76-243, Laws of Florida, shall
135cease to be a subdistrict or basin of the St. Johns River Water
136Management District known as the Oklawaha River Basin and said
137Oklawaha River Basin shall cease to exist. However, any
138recognition of an Oklawaha River Basin or an Oklawaha River
139Hydrologic Basin for regulatory purposes shall be unaffected.
140The area formerly known as the Oklawaha River Basin shall
141continue to be part of the St. Johns River Water Management
143     (b)  Also, the entire area of the St. Johns River Water
144Management District, less those areas formerly in the Oklawaha
145Basin, shall cease to be a subdistrict or basin of the St. Johns
146River Water Management District known as the Greater St. Johns
147River Basin and said Greater St. Johns River Basin shall cease
148to exist. The area formerly known as the Greater St. Johns River
149Basin shall continue to be part of the St. Johns River Water
150Management District.
151     (c)  As of 11:59 p.m. on June 30, 1988, assets and
152liabilities of the former Oklawaha River and Greater St. Johns
153River Basins shall be assets and liabilities of the St. Johns
154River Water Management District. Any contracts, plans, orders,
155or agreements of such basins shall continue to be in effect, but
156may be modified or repealed by the St. Johns River Water
157Management District in accordance with law. For all purposes for
158assessing and levying the millage rate authorized under s.
159373.503, subsequent to December 31, 1987, including the purposes
160of certifying the millage rate for fiscal year 1988-1989,
161pursuant to chapter 200, said millage rate shall be levied
162retroactive to January 1, 1988.
163     (8)(9)  At 11:59 p.m. on December 31, 1976, a portion of
164the Big Cypress Basin of the Ridge and Lower Gulf Coast District
165which is being annexed into the South Florida Water Management
166District by change of boundaries pursuant to chapter 76-243,
167Laws of Florida, shall be formed into a subdistrict or basin of
168the South Florida Water Management District. Such portion shall
169be designated as the Big Cypress Basin. On or before December
17031, 1976, the Governor shall appoint not fewer than five persons
171residing in the area to serve as members of the governing board
172of the basin, effective at the time of transfer and subject to
173confirmation by the Senate as provided in subsection (4).
174     (a)  The initial boundaries of the Big Cypress Basin shall
175be established by resolution of the governing board of Central
176and Southern Florida Flood Control District, after notice and
177hearing, and generally shall encompass the Big Cypress Swamp and
178southwestern coastal area hydrologic cataloging unit, as
179indicated on River Basin and Hydrologic Unit Map of Florida-
1801975, Florida Department of Natural Resources, Bureau of Geology
181Map Series No. 72.
182     (b)  If the governing board shall fail to establish the
183initial boundaries on or before December 31, 1976, the initial
184boundaries shall be the same boundaries as described for the Big
185Cypress Basin of the Ridge and Lower Gulf Coast District.
186     (c)  The governing board of the South Florida Water
187Management District subsequently may change the boundaries of
188the basin, but may not abolish the basin.
189     (9)(10)  At 11:59 p.m. on December 31, 1976, the entire
190area of the South Florida Water Management District, including
191all areas being annexed into the district pursuant to chapter
19276-243, Laws of Florida, but less those areas in the Big Cypress
193Basin, shall be formed into a subdistrict or basin of the South
194Florida Water Management District. Such area shall be designated
195as the Okeechobee Basin.
196     (a)  The governing board of the South Florida Water
197Management District shall also serve as the governing board of
198the Okeechobee Basin.
199     (b)  The governing board of the South Florida Water
200Management District may change the boundaries of the Okeechobee
201Basin or may subdivide the basin into smaller basins to be
202governed by basin boards to be appointed by the Governor,
203subject to confirmation by the Senate as provided in subsection
204(4). However, the basin may not be enlarged to include the area
205included within the initial boundaries of the Big Cypress Basin.
206     (c)  The local effort required in connection with
207construction, operation, and maintenance of the cooperative
208federal project referred to as the Central and Southern Florida
209Flood Control Project, which remains after the upper St. Johns
210portion is transferred to the St. Johns River Water Management
211District, shall be funded by tax levies on all taxable property
212within the Okeechobee Basin. In the event the Okeechobee Basin
213is subdivided into smaller basins, as authorized in paragraph
214(b), the governing board shall ascertain the equitable pro rata
215share for each smaller basin and charge back such share so as to
216ensure that the portion of the Central and Southern Florida
217Flood Control Project remaining in the South Florida Water
218Management District shall continue to be funded on an equal
219basis throughout the entire Okeechobee Basin as initially
220described on December 31, 1976.
221     Section 2.  Subsection (5) is added to section 373.171,
222Florida Statutes, to read:
223     373.171  Rules.-
224     (5)  Cooperative funding programs are not subject to the
225rulemaking requirements of chapter 120. However, any portion of
226an approved program which affects the substantial interests of a
227party is subject to s. 120.569.
228     Section 3.  Section 373.609, Florida Statutes, is amended
229to read:
230     373.609  Enforcement; city and county officers to assist.-
231It shall be the duty of every state and county attorney,
232sheriff, police officer, and other appropriate city and county
233official, upon request, to assist the department, the governing
234board of any water management district, or any local board, or
235any of their agents in the enforcement of the provisions of this
236law and the rules and regulations adopted thereunder.
237Notwithstanding s. 373.217, local governments may adopt
238ordinances implementing landscape irrigation restrictions as set
239forth in water management district rules and orders.
240     Section 4.  Paragraph (c) of subsection (8) of section
241373.707, Florida Statutes, is amended to read:
242     373.707  Alternative water supply development.-
243     (8)
244     (c)  The Financial assistance for alternative water supply
245projects allocated in each district's budget as required in
246subsection (6) shall be combined with the state funds and used
247to assist in funding the project construction costs of
248alternative water supply projects and the project costs of
249conservation projects that result in quantifiable water savings
250selected by the governing board. If the district has not
251completed any regional water supply plan, or the regional water
252supply plan does not identify the need for any alternative water
253supply projects, Funds deposited in the Water Protection and
254Sustainability Program Trust Fund to the credit of the Suwannee
255River Water Management District that district's trust fund may
256also be used for regional water supply planning, water resource
257development, and water resource projects, including, but not
258limited to, springs protection.
259     Section 5.  This act shall take effect upon becoming a law.

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