Bill Text: FL S0142 | 2010 | Regular Session | Comm Sub

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Bill Title: Water Management Districts [EPSC]

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2010-04-30 - Died in Committee on General Government Appropriations, companion bill(s) passed, see CS/CS/CS/SB 550 (Ch. 2010-205) [S0142 Detail]

Download: Florida-2010-S0142-Comm_Sub.html

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Florida Senate - 2010                              CS for SB 142 
 
By the Committee on Governmental Oversight and Accountability; 
and Senators Baker and Dean 
585-04975-10                                           2010142c1 
1                        A bill to be entitled 
2         An act relating to water management districts; 
3         amending s. 298.66, F.S.; revising provisions relating 
4         to the obstruction of public canals and drainage 
5         works; amending s. 373.079, F.S.; revising the 
6         requirement that the district governing board delegate 
7         its authority to take final actions to the executive 
8         director; requiring the board to provide a process for 
9         referring denials to the board for final action; 
10         amending s. 373.083, F.S.; revising the board’s 
11         authority to delegate final actions to the executive 
12         director; amending s. 373.085, F.S.; requiring the 
13         districts and other governmental agencies to encourage 
14         public-private partnerships in order to promote water 
15         supply development and conservation of lands; amending 
16         s. 373.118, F.S.; requiring the board to provide a 
17         process for referring certain delegated actions to the 
18         governing board for final action; providing an 
19         effective date. 
20 
21  Be It Enacted by the Legislature of the State of Florida: 
22 
23         Section 1. Section 298.66, Florida Statutes, is amended to 
24  read: 
25         298.66 Obstruction of drainage canals, etc., prohibited; 
26  damages; penalties.— 
27         (1) A No person may not willfully, or otherwise, obstruct 
28  any public canal, drain, ditch or watercourse or damage or 
29  destroy any public drainage works constructed in, or maintained 
30  by, a any district. 
31         (2)(1) Any person who shall willfully obstructs obstruct 
32  any public canal, drain, ditch or watercourse or damages or 
33  destroys shall damage or destroy any public drainage works 
34  constructed in, or maintained by, a any district is, shall be 
35  liable to any person injured thereby for the full amount of the 
36  injury occasioned to any land or crops or other property by 
37  reason of such misconduct, and is shall be liable to the 
38  district constructing the drainage said work for double the cost 
39  of removing the such obstruction or repairing the such damage. 
40         (3)(2) Any person who Whoever shall willfully, or 
41  otherwise, obstructs obstruct any public canal, drain, ditch, or 
42  watercourse, impedes or obstructs or impede or obstruct the flow 
43  of water therein, or damages or destroys shall damage or destroy 
44  any public drainage works constructed in, or maintained by, a 
45  any district commits shall be guilty of a felony of the third 
46  degree, punishable as provided in s. 775.082, s. 775.083, or s. 
47  775.084. 
48         Section 2. Subsection (4) of section 373.079, Florida 
49  Statutes, is amended to read: 
50         373.079 Members of governing board; oath of office; staff.— 
51         (4)(a) The governing board of the district shall is 
52  authorized to employ: 
53         (a) An executive director, ombudsman, and such engineers, 
54  other professional persons, and other personnel and assistants 
55  as it deems necessary and under such terms and conditions as it 
56  may determine and to terminate such employment. The appointment 
57  of an executive director by the governing board is subject to 
58  approval by the Governor and must be initially confirmed by the 
59  Florida Senate. The governing board may delegate all or part of 
60  its authority under this paragraph to the executive director. 
61  However, the governing board shall delegate to the executive 
62  director all of its authority to take final action on permit 
63  applications under part II or part IV or petitions for variances 
64  or waivers of permitting requirements under part II or part IV, 
65  except for denials of such actions as provided in s. 373.083(5). 
66  The governing board must provide a process for referring the 
67  denial of such application or petition to the governing board 
68  for the purpose of taking final action. The executive director 
69  may execute such delegated authority through designated staff 
70  members. Such delegations are shall not be subject to the 
71  rulemaking under requirements of chapter 120. The executive 
72  director must be confirmed by the Senate upon employment and 
73  must be confirmed or reconfirmed by the Senate during the second 
74  regular session of the Legislature following a gubernatorial 
75  election. 
76         (b)1. The governing board of each water management district 
77  shall employ An inspector general, who shall report directly to 
78  the board. However, the governing boards of the Suwannee River 
79  Water Management District and the Northwest Florida Water 
80  Management District may jointly employ an inspector general, or 
81  provide for inspector general services by interagency agreement 
82  with a state agency or water management district inspector 
83  general. 
84         2. An inspector general must have the same qualifications 
85  prescribed and perform the applicable duties of state agency 
86  inspectors general as provided in s. 20.055. 
87         Section 3. Subsection (5) of section 373.083, Florida 
88  Statutes, is amended to read: 
89         373.083 General powers and duties of the governing board. 
90  In addition to other powers and duties allowed it by law, the 
91  governing board is authorized to: 
92         (5) Execute any of the powers, duties, and functions vested 
93  in the governing board through a member or members thereof, the 
94  executive director, or other district staff as designated by the 
95  governing board. The governing board may establish the scope and 
96  terms of any delegation. However, if the governing board 
97  delegates shall delegate to the executive director all of its 
98  authority to take final action on permit applications under part 
99  II or part IV or petitions for variances or waivers of 
100  permitting requirements under part II or part IV, and the 
101  executive director may execute such delegated authority through 
102  designated staff. Such delegations are shall not be subject to 
103  the rulemaking under requirements of chapter 120. However, the 
104  governing board must shall provide a process for referring a any 
105  denial of such application or petition to the governing board 
106  for the purpose of taking to take final action. Such process 
107  shall expressly prohibit any member of a governing board from 
108  intervening in any manner during the review of an application 
109  prior to such application being referred to the governing board 
110  for final action. The authority to delegate under in this 
111  subsection is supplemental to any other provision of this 
112  chapter granting authority to the governing board to delegate 
113  specific powers, duties, or functions. 
114         Section 4. Subsection (1) of section 373.085, Florida 
115  Statutes, is amended to read: 
116         373.085 Use of works or land by other districts or private 
117  persons.— 
118         (1) The governing board may has authority to prescribe the 
119  manner in which local works provided by other districts or by 
120  private persons will connect with and make use of the works or 
121  land of the district, to issue permits therefor, and to cancel 
122  the permits for noncompliance with the conditions thereof or for 
123  other cause. It is unlawful to connect with or make use of the 
124  works or land of the district without consent in writing from 
125  its governing board, and the board may has authority to prevent 
126  or, if done, estop or terminate the same. The use of the works 
127  or land of the district for access is governed by this section 
128  and is not subject to the provisions of s. 704.01. However, any 
129  land or works of the district which have historically been used 
130  for public access to the ocean by means of the North New River 
131  Canal and its tributaries may not be closed for this purpose 
132  unless the district can demonstrate that significant harm to the 
133  resource would result from such public use. In order to promote 
134  water quantity and resource development, projects that improve 
135  flood control, and the conservation of lands, the districts and 
136  other governmental agencies shall encourage public-private 
137  partnerships by collaborating, if possible, with those 
138  partnerships when procuring materials for infrastructure and 
139  restoration works, consistent with district and state 
140  procurement procedures. 
141         Section 5. Subsection (5) is added to section 373.118, 
142  Florida Statutes, to read: 
143         373.118 General permits; delegation.— 
144         (5) To improve efficiency, the governing board may delegate 
145  by rule its powers and duties pertaining to general permits to 
146  the executive director. The executive director may execute such 
147  delegated authority through designated staff. However, when 
148  delegating the authority to take final action on permit 
149  applications under part II or part IV or petitions for variances 
150  or waivers of permitting requirements under part II or part IV, 
151  the governing board must provide a process for referring a 
152  denial of such application or petition to the governing board 
153  for the purpose of taking final action. Such delegations are not 
154  subject to rulemaking under chapter 120. 
155         Section 6. This act shall take effect July 1, 2010.