Bill Text: FL S2604 | 2010 | Regular Session | Introduced
Bill Title: Water Management District Governing Boards [EPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Environmental Preservation and Conservation [S2604 Detail]
Download: Florida-2010-S2604-Introduced.html
Florida Senate - 2010 SB 2604 By Senator Bennett 21-01485-10 20102604__ 1 A bill to be entitled 2 An act relating to water management district governing 3 boards; creating s. 373.0725, F.S.; establishing a 4 water management district governing board nominating 5 commission; providing criteria for governing board 6 member nominees; providing for the appointment of 7 commission members by the Governor, the President of 8 the Senate, and the Speaker of the House of 9 Representatives; providing for terms and duties of 10 commission members; requiring the Executive Office of 11 the Governor to provide administrative support to the 12 commission and to adopt rules; amending s. 373.086, 13 F.S.; requiring governing boards to obtain legislative 14 authorization for acquisition costs and professional 15 service procurement costs in excess of specified 16 amounts; amending s. 373.089, F.S.; requiring 17 governing boards to review and make available for 18 purchase specified lands; amending s. 373.139, F.S.; 19 prohibiting the purchase of specified lands by a 20 governing board unless deemed environmentally critical 21 or sensitive by the Century Commission for a 22 Sustainable Florida and authorized by the Legislature; 23 amending s. 112.3145, F.S.; providing that members of 24 the water management district governing board 25 nominating commission are state officers for purposes 26 of financial disclosure requirements; providing an 27 effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1. Section 373.0725, Florida Statutes, is created 32 to read: 33 373.0725 Water management district governing board 34 nominating commission.— 35 (1)(a) Members of each water management district governing 36 board shall be nominated for appointment by a commission 37 composed of 11 members. 38 (b) Commission members shall submit to the Governor three 39 recommended nominees for each district governing board position. 40 Nominees must reside in the territorial jurisdiction of the 41 governing board to which the commission will recommend 42 appointments and must have significant experience in one or more 43 of the following areas: agriculture, the development industry, 44 local government, government-owned or privately owned water 45 utilities, law, civil engineering, environmental science, 46 hydrology, accounting, or finance. 47 (c) The Governor shall select appointees from the list of 48 nominees recommended for a position. 49 (2) A current or former governing board member may not be a 50 member of the governing board nominating commission. A member of 51 the governing board nominating commission may hold public 52 office. A member of the governing board nominating commission is 53 not eligible for appointment, during his or her term of office 54 and for a period of 2 years thereafter, to any board for which 55 the commission has the authority to make nominations. All acts 56 of the governing board nominating commission must be made with a 57 concurrence of a majority of its members. 58 (3) Members shall be appointed to the governing board 59 nominating commission in the following manner: 60 (a) The Governor shall appoint three members for terms 61 ending July 1, 2014. 62 (b) The President of the Senate shall appoint three members 63 for terms ending July 1, 2013, and one member of the Senate who 64 shall serve at the pleasure of the President of the Senate. 65 (c) The Speaker of the House of Representatives shall 66 appoint three members for terms ending July 1, 2012, and one 67 member of the House of Representatives who shall serve at the 68 pleasure of the Speaker of the House of Representatives. 69 70 Every subsequent appointment, except the appointment of a member 71 of the Senate and of the House of Representatives and an 72 appointment to fill a vacant, unexpired term, shall be for 4 73 years. Each expired term or vacancy shall be filled by 74 appointment in the same manner as the member whose position is 75 being filled. 76 (4) In making appointments, the Governor, the President of 77 the Senate, and the Speaker of the House of Representatives 78 shall seek to ensure that, to the extent possible, the 79 membership of the governing board nominating commission reflects 80 the racial, ethnic, and gender diversity of the state and shall 81 also consider the adequacy of representation of each geographic 82 region within the state. 83 (5) A member of the governing board nominating commission 84 may be suspended for cause by the person who appointed him or 85 her. 86 (6) The governing board nominating commission shall 87 recommend appointments to the governing board of a water 88 management district pursuant to s. 373.073. A quorum of the 89 commission is necessary to take any action or transact any 90 business. For purposes of this section, a majority of the 91 commission members shall constitute a quorum. However, if a 92 vacancy occurs, a majority of the total remaining commission 93 members shall constitute a quorum. 94 (7) The Executive Office of the Governor shall provide all 95 administrative support for the governing board nominating 96 commission and shall adopt rules necessary to administer this 97 section. 98 Section 2. Subsection (4) is added to section 373.086, 99 Florida Statutes, to read: 100 373.086 Providing for district works.— 101 (4) The governing board must obtain specific legislative 102 authorization for any acquisition costs in excess of $50 million 103 and for any professional service procurement costs in excess of 104 $5 million. 105 Section 3. Paragraph (e) is added to subsection (6) of 106 section 373.089, Florida Statutes, to read: 107 373.089 Sale or exchange of lands, or interests or rights 108 in lands.—The governing board of the district may sell lands, or 109 interests or rights in lands, to which the district has acquired 110 title or to which it may hereafter acquire title in the 111 following manner: 112 (6) Any lands the title to which is vested in the governing 113 board of a water management district may be surplused pursuant 114 to the procedures set forth in this section and s. 373.056 and 115 the following: 116 (e) For any lands for which title is vested in the 117 governing board, the governing board shall conduct reviews to 118 determine which lands are no longer needed for conservation and 119 restoration purposes or no longer considered environmentally 120 critical or sensitive and make such lands available for purchase 121 so long as the property can be reentered onto the county ad 122 valorem tax roll. 123 Section 4. Paragraph (d) is added to subsection (3) of 124 section 373.139, Florida Statutes, to read: 125 373.139 Acquisition of real property.— 126 (3) The initial 5-year work plan and any subsequent 127 modifications or additions thereto shall be adopted by each 128 water management district after a public hearing. Each water 129 management district shall provide at least 14 days’ advance 130 notice of the hearing date and shall separately notify each 131 county commission within which a proposed work plan project or 132 project modification or addition is located of the hearing date. 133 (d) The governing board may not purchase lands appraised in 134 excess of $50 million unless such lands are deemed 135 environmentally critical or sensitive by the Century Commission 136 for a Sustainable Florida and such purchase is specifically 137 authorized by the Legislature. 138 Section 5. Paragraph (c) of subsection (1) of section 139 112.3145, Florida Statutes, is amended to read: 140 112.3145 Disclosure of financial interests and clients 141 represented before agencies.— 142 (1) For purposes of this section, unless the context 143 otherwise requires, the term: 144 (c) “State officer” means: 145 1. Any elected public officer, excluding those elected to 146 the United States Senate and House of Representatives, not 147 covered elsewhere in this part and any person who is appointed 148 to fill a vacancy for an unexpired term in such an elective 149 office. 150 2. An appointed member of each board, commission, 151 authority, or council having statewide jurisdiction, excluding a 152 member of an advisory body. 153 3. A member of the Board of Governors of the State 154 University System or a state university board of trustees, the 155 Chancellor and Vice Chancellors of the State University System, 156 and the president of a state university. 157 4. A member of the judicial nominating commission for any 158 district court of appeal or any judicial circuit. 159 5. A member of the water management district governing 160 board nominating commission. 161 Section 6. This act shall take effect July 1, 2010.
