Bill Text: FL S1834 | 2012 | Regular Session | Introduced
Bill Title: Water Management Districts
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2012-03-09 - Died in Environmental Preservation and Conservation, companion bill(s) passed, see SB 1986 (Ch. [S1834 Detail]
Download: Florida-2012-S1834-Introduced.html
Florida Senate - 2012 SB 1834 By Senator Hays 20-01480B-12 20121834__ 1 A bill to be entitled 2 An act relating to water management districts; 3 amending s. 373.503, F.S.; revising the maximum 4 millage rates that may be levied by each water 5 management district for district and basin purposes; 6 specifying the maximum millage rate levied for 7 district and basin purposes and used to fund the core 8 areas of water supply and water resource development 9 projects, water quality, flood protection and 10 floodplain management, and natural systems; directing 11 the Legislature to annually review each water 12 management district’s budget and set a maximum millage 13 rate for certain purposes; specifying the use of the 14 revenues; revising the review process for budgets of 15 the water management districts; removing a provision 16 requiring that the maximum property tax revenue for 17 water management districts revert to the amount 18 authorized for the prior year if the Legislature does 19 not set the amount; removing the maximum revenues for 20 the 2011-2012 fiscal year; creating s. 373.535, F.S.; 21 providing the process by which water management 22 districts must submit a preliminary budget to the 23 Executive Office of the Governor; requiring that the 24 preliminary budget be developed using certain 25 principles and standards; requiring that the 26 preliminary budget provide sufficient detail for 27 legislative review and separately identify certain 28 detail and justifications; requiring the Executive 29 Office of the Governor to analyze each preliminary 30 budget as to the adequacy of fiscal resources and 31 certain expenditures; requiring the Executive Office 32 of the Governor to provide to the Legislature by a 33 time certain each water management district’s 34 preliminary budget and analysis; requiring that the 35 Legislature annually review and approve, limit, or 36 disapprove specified portions of the preliminary 37 budget for each water management district; requiring 38 that the Legislature, in appropriating funds for water 39 management districts, authorize a level of expenditure 40 for each approved program and activity; prohibiting a 41 water management district from expending any funds on 42 a program or activity not authorized by the 43 Legislature; authorizing the Legislature to review and 44 take action on other provisions of the preliminary 45 budget of each water management district; providing 46 criteria; requiring that the first funding obligation 47 of a water management district is payment of debt 48 service for bonds and certificates of participation, 49 if applicable; requiring a water management district 50 to receive prior approval from the Legislature before 51 incurring additional bonded indebtedness; providing 52 that the preliminary budget reviewed by the 53 Legislature is the basis for development of the 54 tentative budget of each water management district; 55 limiting the authority of a district to fund proposed 56 expenditures reviewed by the Legislature to the amount 57 authorized in the appropriations process, the 58 authorized maximum revenue limit, or the authorized 59 maximum millage rate that is levied; amending s. 60 373.536, F.S.; requiring that a water management 61 district provide notice to the Legislative Budget 62 Commission of any transfer of funds within the 63 district’s budget and requiring that such transfers be 64 reviewed and approved prior to the transfer by the 65 Executive Office of the Governor; providing that, upon 66 providing notice to the Legislative Budget Commission, 67 and subject to prior review and approval by the 68 Executive Office of the Governor, a water management 69 district may amend unanticipated funds into its final 70 budget; requiring the Executive Office of the Governor 71 and the Legislative Budget Commission to be notified 72 if the governing board of a water management district 73 expends available funds for a disaster or emergency; 74 removing obsolete provisions relating to review and 75 approval by the Executive Office of the Governor and 76 the Legislative Budget Commission of the tentative 77 budget of a water management district; providing for 78 the approval or disapproval of the tentative budget by 79 the Executive Office of the Governor; providing 80 criteria for the Legislative Budget Commission to use 81 in disapproving the tentative budget of a water 82 management district; prohibiting a water management 83 district from acting on a rejected provision without 84 the approval of the Executive Office of the Governor 85 or the Legislative Budget Commission; providing for 86 the Chief Financial Officer to withhold state funds 87 from a district that fails to obtain prior approval; 88 providing an effective date. 89 90 Be It Enacted by the Legislature of the State of Florida: 91 92 Section 1. Subsections (3) and (4) of section 373.503, 93 Florida Statutes, are amended to read: 94 373.503 Manner of taxation.— 95 (3) The districts may levy ad valorem taxes on property 96 within the district solely for the purposes of this chapter and 97 of chapter 25270, 1949, Laws of Florida, as amended, and chapter 98 61-691, Laws of Florida, as amended. If appropriate, taxes 99 levied by each governing board may be separated by the governing 100 board into a millage necessary for the purposes of the district 101 and a millage necessary for financing basin functions specified 102 in s. 373.0695. 103 (a) Notwithstanding any other general or special law, and 104 subject to subsection (4), the maximum total millage rate for 105 district and basin purposes which may be used solely for the 106 purposes of funding the core water management district mission 107 areas of water supply, including alternative water supply, and 108 water resource development projects, water quality, flood 109 protection and floodplain management, and natural systems shall 110 be: 111 1. Northwest Florida Water Management District: 0.040.05112 mill. 113 2. Suwannee River Water Management District: 0.800.75114 mill. 115 3. St. Johns River Water Management District: 0.800.6116 mill. 117 4. Southwest Florida Water Management District: 0.801.0118 mill. 119 5. South Florida Water Management District: 0.80 mill. 120 (b) As provided in s. 373.535, and subject to the limits 121 established by s. 9(b), Art. VII of the State Constitution, the 122 Legislature shall annually review the preliminary budget of each 123 water management district and separately set, in addition to the 124 rate set in paragraph (a), a maximum millage rate that may be 125 used for funding regulation, outreach, management, and 126 administration programs and activities in each district. 127 (c) The maximum authorized millage rates separately 128 established in paragraphs (a) and (b) shall be used to fund only 129 the core mission areas and programs and activities specified 130 therein. If the Legislature fails to set the maximum amount of 131 millage that may be levied for the programs and activities 132 specified in paragraph (b), a district may not include in its 133 budget or expend funds from any source for those programs and 134 activities during the next fiscal year. 135 (d)(b)The apportionment in the South Florida Water 136 Management District shall be a maximum of 40 percent for 137 district purposes and a maximum of 60 percent for basin 138 purposes, respectively. 139 (e)(c)Within the Southwest Florida Water Management 140 District, the maximum millage assessed for district purposes may 141 not exceed 50 percent of the total authorized millage if there 142 are one or more basins in the district, and the maximum millage 143 assessed for basin purposes may not exceed 50 percent of the 144 total authorized millage. 145 (4)(a)To ensure that taxes authorized by this chapter 146 continue to be in proportion to the benefits derived by the 147 parcels of real estate within the districts, the Legislature 148 shall annually review the preliminary budget for each district 149 for the next fiscal year as provided in s. 373.535and the150authorized millage rate for each district. Based upon this 151 review, the Legislature shall set the authorized maximum millage 152 rate or the maximum amount of revenue to be raised by each 153 district in the next fiscal year from the taxes levied.Except154as provided in paragraph (b), if the annual maximum amount of155property tax revenue is not set by the Legislature on or before156July 1 of each year, the maximum property tax revenue that may157be raised reverts to the amount authorized in the prior year.158(b) For the 2011-2012 fiscal year, the total ad valorem159taxes levied may not exceed $3,946,969 for the Northwest Florida160Water Management District, $5,412,674 for the Suwannee River161Water Management District, $85,335,619 for the St. Johns Water162Management District, $107,766,957 for the Southwest Florida163Water Management District, and $284,901,967 for the South164Florida Water Management District.165 Section 2. Section 373.535, Florida Statutes, is created to 166 read: 167 373.535 Preliminary district budget; development, 168 legislative review, and authority granted.— 169 (1) PRELIMINARY BUDGET DEVELOPMENT.— 170 (a) In preparation for the legislative budget review 171 pursuant to subsection (2) and s. 373.503(4), each water 172 management district shall submit a preliminary budget for the 173 next fiscal year to the Executive Office of the Governor in the 174 form and manner prescribed in s. 373.536(5)(c). In developing 175 its preliminary budget, each water management district shall use 176 zero-based budgeting principles along with unit cost and 177 performance accountability standards that justify the 178 expenditures. 179 1. Each preliminary budget shall have a separate section 180 containing sufficient detail for legislative review which 181 clearly identifies and provides a justification for each 182 proposed expenditure for the items listed in s. 183 373.536(5)(c)4.d.-f. and which identifies the source of funds 184 for each expenditure. 185 2. Each preliminary budget shall also separately identify, 186 by core mission area of responsibility, the details of and 187 justification for proposed expenditures and the source of funds 188 needed for activities related to water supply, including 189 alternative water supply and water resource development projects 190 identified in the district’s regional water supply plans, water 191 quality, flood protection and floodplain management, and natural 192 systems. 193 (b) The Executive Office of the Governor shall analyze each 194 preliminary budget to determine the adequacy of fiscal resources 195 available to the district and the adequacy of proposed district 196 expenditures related to the core mission areas of responsibility 197 for activities related to water supply, including alternative 198 water supply and water resource development projects identified 199 in the district’s regional water supply plans, water quality, 200 flood protection and floodplain management, and natural systems. 201 The analysis shall be based on the particular needs within each 202 water management district in the core mission areas of 203 responsibility. 204 (c) The Executive Office of the Governor shall provide the 205 preliminary budget for each water management district together 206 with the adequacy analysis specified in paragraph (b) to the 207 Legislature not later than 30 days before the start of each 208 legislative session. 209 (2) PRELIMINARY BUDGET; LEGISLATIVE REVIEW AND APPROVAL.— 210 (a)1. The Legislature must annually review and approve, 211 limit, or disapprove each portion of the preliminary budget for 212 each water management district which is specific to regulation, 213 outreach, management, and administration programs and 214 activities. 215 2. After the annual review, the Legislature shall 216 appropriate for each district funds for the proposed 217 expenditures, set a maximum amount of revenue that may be raised 218 to fund the programs and activities, or set the maximum millage 219 rate that may be levied to fund the programs and activities. 220 3. If the Legislature does not appropriate funds, set the 221 maximum amount of revenue, or set the maximum millage rate 222 pursuant to subparagraph 2., the water management district may 223 not include in its budget or expend funds from any source for 224 such programs and activities during the ensuing fiscal year. 225 (b)1. The Legislature may also review and take action on 226 any other aspect of the preliminary budget for each water 227 management district. If the Legislature determines that the core 228 mission areas of responsibility analyzed pursuant to paragraph 229 (1)(b) are not adequately addressed in the preliminary budget of 230 a water management district, the Legislature may take any action 231 it deems appropriate, including designating specific revenues or 232 millage rates for individual core mission areas. 233 2. If the Legislature does not take any action pursuant to 234 subparagraph 1., that portion of the preliminary budget of each 235 water management district is deemed approved. 236 (c) If applicable, the preliminary budget for each water 237 management district must specify that the district’s first 238 obligation for payment is the debt service on bonds and 239 certificates of participation. In addition, a water management 240 district must receive approval from the Legislature before it 241 may incur additional bond indebtedness. 242 (3) PRELIMINARY BUDGET; AUTHORITY GRANTED.— 243 (a) Each water management district shall use the 244 preliminary budget reviewed by the Legislature pursuant to this 245 section and s. 373.503 as the basis for developing the tentative 246 budget as provided in s. 373.536(5). 247 (b) The Legislature’s action pursuant to subsection (2), or 248 the approval pursuant to subparagraph (2)(b)2., constitutes the 249 only authority for a district to fund proposed expenditures for 250 the next fiscal year and a district is prohibited from including 251 in its tentative budget or expending any funds from any source 252 for its programs and activities during the next fiscal year 253 without such legislative authorization. 254 Section 3. Subsections (4), (5), and (6) of section 255 373.536, Florida Statutes, are amended to read: 256 373.536 District budget and hearing thereon.— 257 (4) BUDGET CONTROLS; FINANCIAL INFORMATION.— 258 (a) The final adopted budget for the district iswill259thereuponbethe operating and fiscal guide for the district for 260 the ensuing year; however, transfers of funds may be made within 261 the budget by action of the governing board at a public meeting 262 of the governing board, subject to prior review and approval by 263 the Executive Office of the Governor and upon providing notice 264 of the transfer to the Legislative Budget Commission. 265 (b) The district shall control its budget, at a minimum, by 266 funds and shall provide to the Executive Office of the Governor 267 for approval a description of its budget control mechanisms. 268 (c) IfShouldthe district receivesreceiveunanticipated 269 funds after the adoption of the final budget, upon providing 270 notice to the Legislative Budget Commission, the district may 271 amend the final budget, subject to prior review and approval by 272 the Executive Office of the Governor.may be amendedby273including such funds, so long asnoticeof intention to amendis274publishedin theNotice of the governing board meeting at which 275 the amendment will be considered must be published,pursuant to 276 s. 120.525. The notice shall set forth a summary of the proposed 277 amendment. 278 (d)However,In the event of a disaster or of an emergency 279 arising to prevent or avert the same, the governing board is 280shallnotbelimited by the budget but may expendshall have281authority to applysuchfundsas may beavailable for the 282 disaster or emergencythereforor as may be procured for such 283 purpose. If the governing board expends available funds for a 284 disaster or emergency, the governing board must notify the 285 Executive Office of the Governor and the Legislative Budget 286 Commission as soon as practicable, but not later than 30 days 287 after the governing board’s action. 288 (e)(d)By September 1, 2011, each water management district 289 shall provide a monthly financial statement to its governing 290 board and make such monthly financial statement available for 291 public access on its website. 292 (5) TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND 293 APPROVAL.— 294(a) The Executive Office of the Governor and the295Legislative Budget Commission are authorized to disapprove, in296whole or in part, the budget of each water management district.297The Executive Office of the Governor shall analyze each budget298as to the adequacy of fiscal resources available to the district299and the adequacy of district expenditures related to water300supply, including water resource development projects identified301in the district’s regional water supply plans; water quality;302flood protection and floodplain management; and natural systems.303This analysis shall be based on the particular needs within each304water management district in those four areas of responsibility305and shall be provided to the Legislative Budget Commission.306 (a)(b)The Executive Office of the Governor, the 307 Legislative Budget Commission, and the water management 308 districts shall develop a process to facilitate review and 309 communication regarding water management district tentative 310 budgets, as necessary. The Executive Office of the Governor may 311 approve or disapprove, in whole or in part, the tentative budget 312 of each water management district. If the Legislative Budget 313 Commission determines that the tentative budget of a water 314 management district has been significantly modified from a 315 preliminary budget reviewed by the Legislature pursuant to s. 316 373.535, the Legislative Budget Commission may review, and may 317 disapprove, any part of the tentative budget of the water 318 management district. Written disapproval of any provision in the 319 tentative budget must be received by the district at least 5 320 business days beforeprior tothe final district budget adoption 321 hearing conducted under s. 200.065(2)(d). If written disapproval 322 of any portion of the budget is not received at least 5 business 323 days beforeprior tothe final budget adoption hearing, the 324 governing board may proceed with final adoption. Any provision 325 rejected by the Executive Office of the Governor or the 326 Legislative Budget Commission mayshallnot be included in a 327 district’s final budget, and may not be acted upon through any 328 other means without prior approval of the Governor or the 329 Legislative Budget Commission. Upon written request of the 330 Governor or the Legislative Budget Commission, the Chief 331 Financial Officer shall withhold state funds from a water 332 management district that fails to comply with these 333 requirements. 334 (b)(c)Each water management district shall, by August 1 of 335 each year, submit for review a tentative budget to the Governor, 336 the President of the Senate, the Speaker of the House of 337 Representatives, the Legislative Budget Commission, the 338 secretary of the department, and the governing body of each 339 county in which the district has jurisdiction or derives any 340 funds for the operations of the district. The tentative budget 341 must be posted on the water management district’s official 342 website at least 2 days before budget hearings held pursuant to 343 s. 200.065 or other law. 344 (c)(d)The tentative budget shall be based on the 345 preliminary budget reviewed by the Legislature pursuant to ss. 346 373.503 and 373.535 and must set forth the proposed expenditures 347 of the district, to which may be added an amount to be held as 348 reserve. The tentative budget must include, but is not limited 349 to, the following information for the preceding fiscal year and 350 the current fiscal year, and the proposed amounts for the 351 upcoming fiscal year, in a standard format prescribed by the 352 Executive Office of the Governor in consultation with the 353 Legislature: 354 1. The estimated amount of funds remaining at the beginning 355 of the fiscal year which have been obligated for the payment of 356 outstanding commitments not yet completed. 357 2. The estimated amount of unobligated funds or net cash 358 balance on hand at the beginning of the fiscal year and an 359 accounting of the source of the funds and balance, and the 360 estimated amount of funds to be raised by district taxes or 361 received from other sources to meet the requirements of the 362 district. 363 3. The millage rates and the percentage increase above the 364 rolled-back rate, together with a summary of the reasons the 365 increase is required, and the percentage increase in taxable 366 value resulting from new construction within the district. 367 4. The salaries and benefits, expenses, operating capital 368 outlay, number of authorized positions, and other personal 369 services for the following program areas of the district: 370 a. Water resource planning and monitoring; 371 b. Land acquisition, restoration, and public works; 372 c. Operation and maintenance of works and lands; 373 d. Regulation; 374 e. Outreach for which the information provided must contain 375 a full description and accounting of expenditures for water 376 resources education; public information and public relations, 377 including public service announcements and advertising in any 378 media; and lobbying activities related to local, regional, state 379 and federal governmental affairs, whether incurred by district 380 staff or through contractual services; and 381 f. Management and administration. 382 383 In addition to the program areas reported by all water 384 management districts, the South Florida Water Management 385 District shall include in its budget document separate sections 386 on all costs associated with the Everglades Construction Project 387 and the Comprehensive Everglades Restoration Plan. 388 5. The total estimated amount in the district budget for 389 each area of responsibility listed in subparagraph 4. and for 390 water resource, water supply, and alternative water supply 391 development projects identified in the district’s regional water 392 supply plans. 393 6. A description of each new, expanded, reduced, or 394 eliminated program. 395 7. The funding sources, including, but not limited to, ad 396 valorem taxes, Surface Water Improvement and Management Program 397 funds, other state funds, federal funds, and user fees and 398 permit fees for each program area. 399 (d)(e)The Executive Office of the Governor shall annually, 400 on or before December 15, file with the Legislature a report 401 that summarizes its review of the water management districts’ 402 tentative budgets and displays the adopted budget allocations by 403 program area. The report must identifythedistricts that are 404 not in compliance with the reporting requirements of this 405 section. State funds shall be withheld from a water management 406 district that fails to comply with these reporting requirements. 407 (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN; 408 WATER RESOURCE DEVELOPMENT WORK PROGRAM.— 409 (a) Each district must, by the date specified for each 410 item, furnish copies of the following documents to the Governor, 411 the President of the Senate, the Speaker of the House of 412 Representatives, the chairs of all legislative committees and 413 subcommittees having substantive or fiscal jurisdiction over the 414 districts, as determined by the President of the Senate or the 415 Speaker of the House of Representatives as applicable, the 416 secretary of the department, and the governing board of each 417 county in which the district has jurisdiction or derives any 418 funds for the operations of the district: 419 1. The adopted budget, to be furnished within 10 days after 420 its adoption. 421 2. A financial audit of its accounts and records, to be 422 furnished within 10 days after its acceptance by the governing 423 board. The audit must be conducted in accordance with the 424 provisions of s. 11.45 and the rules adopted thereunder. In 425 addition to the entities named above, the district must provide 426 a copy of the audit to the Auditor General within 10 days after 427 its acceptance by the governing board. 428 3. A 5-year capital improvements plan, to be included in 429 the consolidated annual report required by s. 373.036(7). The 430 plan must include expected sources of revenue for planned 431 improvements and must be prepared in a manner comparable to the 432 fixed capital outlay format set forth in s. 216.043. 433 4. A 5-year water resource development work program to be 434 furnished within 30 days after the adoption of the final budget. 435 The program must describe the district’s implementation strategy 436 and funding plan for the water resource, water supply, and 437 alternative water supply development componentscomponentof 438 each approved regional water supply plan developed or revised 439 under s. 373.709. The work program must address all the elements 440 of the water resource, water supply, and alternative water 441 supply development componentscomponentin the district’s 442 approved regional water supply plans and must identifywhich443 projects in the work program which will provide water;,explain 444 how each water resource, water supply, and alternative water 445 supply development project will produce additional water 446 available for consumptive uses;,estimate the quantity of water 447 to be produced by each project;,and provide an assessment of 448 the contribution of the district’s regional water supply plans 449 in providing sufficient water needed to timely meet the water 450 supply needs of existing and future reasonable-beneficial uses 451 for a 1-in-10-year drought event. 452 (b) Within 30 days after its submittal, the department 453 shall review the proposed work program and submit its findings, 454 questions, and comments to the district. The review must include 455 a written evaluation of the program’s consistency with the 456 furtherance of the district’s approved regional water supply 457 plans, and the adequacy of proposed expenditures. As part of the 458 review, the department shall give interested parties the 459 opportunity to provide written comments on each district’s 460 proposed work program. Within 45 days after receipt of the 461 department’s evaluation, the governing board shall state in 462 writing to the department which of the changes recommended in 463 the evaluation it will incorporate into its work program 464 submitted as part of the March 1 consolidated annual report 465 required by s. 373.036(7) or specify the reasons for not 466 incorporating the changes. The department shall include the 467 district’s responses in a final evaluation report and shall 468 submit a copy of the report to the Governor, the President of 469 the Senate, and the Speaker of the House of Representatives. 470 (c)(b)If any entity listed in paragraph (a) provides 471 written comments to the district regarding any document 472 furnished under this subsection, the district must respond to 473 the comments in writing and furnish copies of the comments and 474 written responses to the other entities. 475 (d)(c)The final adopted budget must be posted on the water 476 management district’s official website within 30 days after 477 adoption. 478 Section 4. This act shall take effect July 1, 2012.