Bill Text: FL H1407 | 2010 | Regular Session | Comm Sub

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Bill Title: Water Management Districts

Sponsorship: Partisan Bill (Republican 3)

Status: (Introduced - Dead) 2010-04-30 - Died on Calendar, companion bill(s) passed, see CS/CS/CS/SB 550 (Ch. 2010-205) [H1407 Detail]

Download: Florida-2010-H1407-Comm_Sub.html

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CS/CS for HB 1407, HB 1367 & HB 1605

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 basin board members designated by district
6	governing board chairs; providing that basin board members
7	designated by district governing board chairs are voting
8	members and counted for quorum purposes; providing for
9	designated district governing board members to serve as
10	basin board chairs and co-chairs; authorizing basin boards
11	to transact official business under certain conditions;
12	revising provisions relating to the membership of the
13	Manasota Basin Board; providing for the designation of a
14	member of the district governing board to serve on the
15	basin board; amending s. 373.171, F.S.; exempting
16	cooperative funding programs from certain rulemaking
17	requirements; creating s. 373.0725, F.S.; establishing a
18	water management district governing board nominating
19	commission; providing criteria for governing board member
20	nominees; providing for the appointment of commission
21	members by the Governor, the President of the Senate, and
22	the Speaker of the House of Representatives; providing for
23	terms and duties of commission members; requiring the
24	Executive Office of the Governor to provide administrative
25	support to the commission and to adopt rules; amending s.
26	373.089, F.S.; requiring governing boards to review and
27	make available for purchase specified lands; amending s.
28	112.3145, F.S.; providing that members of the water
29	management district governing board nominating commission
30	are state officers for purposes of financial disclosure
31	requirements; amending s. 373.228, F.S.; revising
32	provisions relating to the authority of local governments
33	to adopt and implement, by ordinance, specified landscape
34	irrigation restrictions; amending s. 298.66, F.S.;
35	revising provisions prohibiting the obstruction of certain
36	drainage works; providing an effective date.
37
38	Be It Enacted by the Legislature of the State of Florida:
39
40	Section 1. Subsections (1) through (7) of section
41	373.0693, Florida Statutes, are amended to read:
42	373.0693 Basins; basin boards.-
43	(1)(a) Any areas within a district may be designated by
44	the district governing board as subdistricts or basins. The
45	designations of such basins shall be made by resolution of the
46	district governing board by resolutions thereof. The district
47	governing board of the district may change the boundaries of
48	such basins, or create new basins, by resolution.
49	(b) No subdistrict or basin in the St. Johns River Water
50	Management District other than established by this act shall
51	become effective until approved by the Legislature.
52	(2) Each basin shall be under the control of a basin board
53	which shall be composed of at least not less than three members,
54	including one or more representatives but shall include one
55	representative from each of the counties included in the basin.
56	(3) Except for a member of the district governing board
57	serving on a basin board pursuant to subsection (6), each member
58	of a the various basin board boards shall be appointed serve for
59	a period of 3 years or until a successor is appointed, but not
60	more than 180 days after the end of the term., except that The
61	board membership of each new basin board shall be divided into
62	three groups as equally as possible, with members in such groups
63	to be appointed for 1, 2, and 3 years, respectively. Each basin
64	board shall choose a vice chair and a secretary to serve for a
65	period of 1 year. The term of office of a basin board member
66	shall be construed to commence on March 2 preceding the date of
67	appointment and to terminate March 1 of the year of the end of a
68	term or may continue until a successor is appointed, but not
69	more than 180 days after the end of the expired term. A member
70	of the district governing board serving on a basin board
71	pursuant to subsection (6) shall serve for a period commensurate
72	with his or her term on the governing board.
73	(4) Except for a member of the district governing board
74	serving on a basin board pursuant to subsection (6), members of
75	a basin board boards shall be appointed by the Governor, subject
76	to confirmation by the Senate at the next regular session of the
77	Legislature,; and the refusal or failure of the Senate to
78	confirm an appointment shall create a vacancy in the office to
79	which the appointment was made.
80	(5) Basin board members shall serve without receive no
81	compensation for services as such; but are entitled to
82	reimbursement for per diem and travel expenses as provided in s.
83	112.061, while officially on work for the district, they shall
84	receive their actual travel expenses between their respective
85	places of residence and the place where official district
86	business is conducted, subsistence, lodging, and other expenses
87	in the amount actually incurred. These expenses may not exceed
88	the statutory amount allowed state officers and employees. This
89	subsection applies retroactively to the effective date of the
90	creation of each of the five separate water management
91	districts.
92	(6)(a) Notwithstanding any other provision of the
93	provisions of any other general or special law to the contrary,
94	a member of the district governing board of the district
95	residing in the basin or, if no member resides in the basin, a
96	member of the district governing board designated by the chair
97	of the district governing board shall be a voting member of the
98	basin board and counted for purposes of establishing a quorum.
99	(b) A governing board member shall serve as the chair of
100	the basin board. If more than one governing board member is
101	designated to a basin board, each shall rotate as co-chair of
102	the basin board. The chair or co-chair shall preside at all
103	meetings of the basin board, except that the vice chair may
104	preside in the his or her absence of the chair and co-chair. The
105	chair shall be the liaison officer of the district in all
106	affairs in the basin and shall be kept informed of all such
107	affairs.
108	(c) If a vacancy occurs on a basin board, a quorum of the
109	total remaining members of the basin board may continue to
110	transact official business until a successor is appointed.
111	(d)(b) Basin boards within the Southwest Florida Water
112	Management District shall meet regularly as determined by a
113	majority vote of the basin board members. Subject to notice
114	requirements of chapter 120, special meetings, both emergency
115	and nonemergency, may be called either by the chair or the
116	elected vice chair of the basin board or upon request of two
117	basin board members. The district staff shall include on the
118	agenda of any basin board meeting any item for discussion or
119	action requested by a member of that basin board. The district
120	staff shall notify any basin board, as well as their respective
121	counties, of any vacancies occurring in the district governing
122	board or their respective basin boards.
123	(7) At 11:59 p.m. on December 31, 1976, the Manasota
124	Watershed Basin of the Ridge and Lower Gulf Coast Water
125	Management District, which is annexed to the Southwest Florida
126	Water Management District by change of its boundaries pursuant
127	to chapter 76-243, Laws of Florida, shall be formed into a
128	subdistrict or basin of the Southwest Florida Water Management
129	District, subject to the same provisions as the other basins in
130	such district. Such subdistrict shall be designated initially as
131	the Manasota Basin. The members of the governing board of the
132	Manasota Watershed Basin of the Ridge and Lower Gulf Coast Water
133	Management District shall become members of the governing board
134	of the Manasota Basin of the Southwest Florida Water Management
135	District. Notwithstanding other provisions in this section,
136	beginning on July 1, 2010 2001, the membership of the Manasota
137	Basin Board shall be comprised of two members from Manatee
138	County, and two members from Sarasota County, and a member of
139	the district governing board designated by the chair of the
140	district governing board pursuant to subsection (6). Matters
141	relating to tie votes shall be resolved pursuant to
142	(6) by the chair designated by the governing board to
143	case of a tie vote.
144	Section 2. Subsection (5) is added to section 373.171,
145	Florida Statutes, to read:
146	373.171 Rules.-
147	(5) Cooperative funding programs are not subject to the
148	rulemaking requirements of chapter 120. However, any portion of
149	an approved program which affects the substantial interests of a
150	party shall be subject to s. 120.569.
151	Section 3. Section 373.0725, Florida Statutes, is created
152	to read:
153	373.0725 Water management district governing board
154	nominating commission.-
155	(1)(a) Members of each water management district governing
156	board shall be nominated for appointment by a commission
157	composed of nine members.
158	(b) Commission members shall submit to the Governor three
159	recommended nominees for each district governing board position.
160	Nominees must reside in the territorial jurisdiction of the
161	governing board to which the commission will recommend
162	appointments and must have significant experience in one or more
163	of the following areas: agriculture, the development industry,
164	local government, government-owned or privately owned water
165	utilities, law, civil engineering, environmental science,
166	hydrology, accounting, finance, or professional landscaping.
167	(c) The Governor shall select appointees from the list of
168	nominees recommended for a position.
169	(2) A current or former governing board member may not be
170	a member of the governing board nominating commission. A member
171	of the governing board nominating commission may hold public
172	office. A member of the governing board nominating commission is
173	not eligible for appointment, during his or her term of office
174	and for a period of 2 years thereafter, to any board for which
175	the commission has the authority to make nominations. All acts
176	of the governing board nominating commission must be made with a
177	concurrence of a majority of its members.
178	(3) Members shall be appointed to the governing board
179	nominating commission in the following manner:
180	(a) The Governor shall appoint three members for terms
181	ending July 1, 2014.
182	(b) The President of the Senate shall appoint three
183	members for terms ending July 1, 2013.
184	(c) The Speaker of the House of Representatives shall
185	appoint three members for terms ending July 1, 2012.
186
187	Every subsequent appointment, except an appointment to fill a
188	vacant, unexpired term, shall be for 4 years. Each expired term
189	or vacancy shall be filled by appointment in the same manner as
190	the member whose position is being filled.
191	(4) In making appointments, the Governor, the President of
192	the Senate, and the Speaker of the House of Representatives
193	shall seek to ensure that, to the extent possible, the
194	membership of the governing board nominating commission reflects
195	the racial, ethnic, and gender diversity of the state and shall
196	also consider the adequacy of representation of each geographic
197	region within the state.
198	(5) A member of the governing board nominating commission
199	may be suspended for cause by the person who appointed him or
200	her.
201	(6) The governing board nominating commission shall
202	recommend appointments to the governing board of a water
203	management district pursuant to s. 373.073. A quorum of the
204	commission is necessary to take any action or transact any
205	business. For purposes of this section, a majority of the
206	commission members shall constitute a quorum. However, if a
207	vacancy occurs, a majority of the total remaining commission
208	members shall constitute a quorum.
209	(7) The Executive Office of the Governor shall provide all
210	administrative support for the governing board nominating
211	commission and shall adopt rules necessary to administer this
212	section.
213	Section 4. Paragraph (e) is added to subsection (6) of
214	section 373.089, Florida Statutes, to read:
215	373.089 Sale or exchange of lands, or interests or rights
216	in lands.-The governing board of the district may sell lands, or
217	interests or rights in lands, to which the district has acquired
218	title or to which it may hereafter acquire title in the
219	following manner:
220	(6) Any lands the title to which is vested in the
221	governing board of a water management district may be surplused
222	pursuant to the procedures set forth in this section and s.
223	373.056 and the following:
224	(e) For any lands for which title is vested in the
225	governing board, the governing board shall conduct reviews to
226	determine which lands are no longer needed for conservation and
227	restoration purposes or no longer considered environmentally
228	critical or sensitive and make such lands available for purchase
229	so long as the property can be reentered onto the county ad
230	valorem tax roll.
231	Section 5. Paragraph (c) of subsection (1) of section
232	112.3145, Florida Statutes, is amended to read:
233	112.3145 Disclosure of financial interests and clients
234	represented before agencies.-
235	(1) For purposes of this section, unless the context
236	otherwise requires, the term:
237	(c) "State officer" means:
238	1. Any elected public officer, excluding those elected to
239	the United States Senate and House of Representatives, not
240	covered elsewhere in this part and any person who is appointed
241	to fill a vacancy for an unexpired term in such an elective
242	office.
243	2. An appointed member of each board, commission,
244	authority, or council having statewide jurisdiction, excluding a
245	member of an advisory body.
246	3. A member of the Board of Governors of the State
247	University System or a state university board of trustees, the
248	Chancellor and Vice Chancellors of the State University System,
249	and the president of a state university.
250	4. A member of the judicial nominating commission for any
251	district court of appeal or any judicial circuit.
252	5. A member of the water management district governing
253	board nominating commission.
254	Section 6. Section 373.228, Florida Statutes, is amended
255	to read:
256	373.228 Landscape irrigation design.-
257	(1) The Legislature finds that multiple areas throughout
258	the state have been identified by water management districts as
259	water resource caution areas, which indicates that in the near
260	future water demand in those areas will exceed the current
261	available water supply and that conservation is one of the
262	mechanisms by which future water demand will be met.
263	(2) The Legislature finds that landscape irrigation
264	comprises a significant portion of water use and that current
265	typical landscape irrigation systems, and Florida-friendly
266	landscaping designs, and landscape irrigation restrictions offer
267	significant potential water conservation benefits.
268	(3) It is the intent of the Legislature to improve
269	landscape irrigation water use efficiency by ensuring that
270	landscape irrigation systems meet or exceed minimum design
271	criteria and that, pursuant to s. 373.609, the landscape
272	irrigation restrictions of a water management district may be
273	implemented by ordinance of the applicable local governments.
274	(4) The water management districts shall work with the
275	Florida Nursery, Growers and Landscape Association, the Florida
276	Native Plant Society, the Florida Chapter of the American
277	Society of Landscape Architects, the Florida Irrigation Society,
278	the Department of Agriculture and Consumer Services, the
279	Institute of Food and Agricultural Sciences, the Department of
280	Environmental Protection, the Department of Transportation, the
281	Florida League of Cities, the Florida Association of Counties,
282	and the Florida Association of Community Developers to develop
283	landscape irrigation and Florida-friendly landscaping design
284	standards for new construction which incorporate a landscape
285	irrigation system and develop scientifically based model
286	guidelines for urban, commercial, and residential landscape
287	irrigation, including drip irrigation, for plants, trees, sod,
288	and other landscaping. The standards must shall be based on the
289	irrigation code defined in the Florida Building Code, Plumbing
290	Volume, Appendix F. Local governments shall use the standards
291	and guidelines when developing landscape irrigation and Florida-
292	friendly landscaping ordinances. By January 1, 2011, the
293	agencies and entities specified in this subsection shall review
294	the standards and guidelines to determine whether new research
295	findings require a change or modification of the standards and
296	guidelines.
297	(5) Notwithstanding s. 373.217, local governments may
298	adopt ordinances that implement landscape irrigation
299	restrictions set forth in water management district rules or
300	orders. In evaluating water use applications from public water
301	suppliers, water management districts shall consider whether the
302	applicable local government has adopted ordinances for
303	landscaping and irrigation systems consistent with the Florida-
304	friendly landscaping provisions of s. 373.185.
305	Section 7. Section 298.66, Florida Statutes, is amended to
306	read:
307	298.66 Obstruction of public drainage canals, etc.,
308	prohibited; damages; penalties.-
309	(1) A No person may not willfully, or otherwise, obstruct
310	any public canal, drain, ditch or watercourse or damage or
311	destroy any public drainage works constructed in any district.
312	(2)(1) Any person who shall willfully obstructs obstruct
313	any public canal, drain, ditch, or watercourse or damages or
314	destroys shall damage or destroy any public drainage works
315	constructed in by any district, shall be liable to any person
316	injured thereby for the full amount of the injury occasioned to
317	any land or crops or other property by reason of such
318	misconduct, and shall be liable to the district constructing the
319	drainage said work for double the cost of removing such
320	obstruction or repairing such damage.
321	(3)(2) Any person who Whoever shall willfully, or
322	otherwise, obstructs obstruct any public canal, drain, ditch, or
323	watercourse, impedes or obstructs or impede or obstruct the flow
324	of water therein, or damages or destroys shall damage or destroy
325	any public drainage works constructed in by any district commits
326	shall be guilty of a felony of the third degree, punishable as
327	provided in s. 775.082, s. 775.083, or s. 775.084.
328	Section 8. This act shall take effect July 1, 2010.

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