ENROLLED
       2012 Legislature                          SB 1986, 2nd Engrossed
       
       
       
       
       
       
                                                             20121986er
    1  
    2         An act relating to water management districts;
    3         amending s. 121.021, F.S.; revising the definitions of
    4         the terms “regularly established position” and
    5         “temporary position” for purposes of district
    6         positions within the state retirement system; amending
    7         s. 373.503, F.S.; authorizing the Legislature to set
    8         the maximum millage rate for each district; removing a
    9         provision requiring that the maximum property tax
   10         revenue for water management districts revert to the
   11         amount authorized for the prior year if the
   12         Legislature does not set the amount; removing the
   13         maximum revenues for the 2011-2012 fiscal year;
   14         creating s. 373.535, F.S.; requiring each water
   15         management district to submit a preliminary budget for
   16         legislative review; requiring the preliminary budget
   17         to include certain information; providing for annual
   18         review of the preliminary budget for each district;
   19         authorizing the President of the Senate and the
   20         Speaker of the House of Representatives to submit
   21         comments regarding the preliminary budget to the
   22         district; requiring each district to respond to the
   23         comments; authorizing a water management district to
   24         proceed with budget development if the Legislature
   25         takes no action after the review; providing for the
   26         preliminary budget reviewed by the Legislature to be
   27         the basis for developing each district’s tentative
   28         budget for the next fiscal year; amending s. 373.536,
   29         F.S.; requiring that budget amendments greater than a
   30         certain amount be reviewed and approved by the
   31         Executive Office of the Governor, which must notify
   32         the Legislative Budget Commission of such approval;
   33         requiring a district to provide a description of the
   34         budget control mechanisms to the Executive Office of
   35         the Governor for approval; providing that, upon review
   36         and approval by the Executive Office of the Governor
   37         and after providing notice of intention to amend to
   38         the Legislative Budget Commission, a water management
   39         district may amend unanticipated funds into its final
   40         budget; requiring the Executive Office of the Governor
   41         and the Legislative Budget Commission to be notified
   42         if a district governing board expends funds for a
   43         disaster or emergency; delaying the date that a
   44         district must begin providing, in the form and manner
   45         prescribed by the Department of Financial Services, a
   46         monthly financial statement to its governing board;
   47         providing criteria for the Legislative Budget
   48         Commission to use in approving the tentative budget of
   49         a district; authorizing the Legislative Budget
   50         Commission to reject certain district budget
   51         proposals; prohibiting a district from including a
   52         rejected proposition in its final budget or act
   53         through any other means without prior approval of the
   54         entity rejecting the provision; requiring that the
   55         district submit for review to a tentative budget and a
   56         description of any significant changes from the
   57         preliminary budget; revising components to be included
   58         in a district’s tentative budget; requiring that a 5
   59         year water resource development work program describe
   60         the district’s implementation strategy and funding
   61         plan for water resource, water supply, and alternative
   62         water supply development components of each approved
   63         regional water supply plan; amending s. 373.605, F.S.;
   64         authorizing the governing board of a water management
   65         district to provide group insurance for its employees
   66         and the employees of another water management
   67         district; creating s. 373.618, F.S.; providing for
   68         each water management district to own, acquire,
   69         develop, construct, operate, and manage a public
   70         information system; exempting local government review
   71         or approval of such public information system;
   72         exempting the system from outdoor advertising
   73         regulations; prohibiting water management districts
   74         from using public funds; authorizing the collection of
   75         funds from private sponsors who display commercial
   76         messages; providing effective dates.
   77  
   78  Be It Enacted by the Legislature of the State of Florida:
   79  
   80         Section 1. Effective October 1, 2012, paragraph (b) of
   81  subsection (52) and paragraph (b) of subsection (53) of section
   82  121.021, Florida Statutes, are amended, and paragraph (c) is
   83  added to subsection (52) and paragraph (c) is added to
   84  subsection (53) of that section, to read:
   85         121.021 Definitions.—The following words and phrases as
   86  used in this chapter have the respective meanings set forth
   87  unless a different meaning is plainly required by the context:
   88         (52) “Regularly established position” means:
   89         (b) With respect to a local agency employer (district
   90  school board, county agency, Florida College System institution
   91  community college, municipality, metropolitan planning
   92  organization, charter school, charter technical career center,
   93  or special district), other than a water management district
   94  operating pursuant to chapter 373, a regularly established
   95  position that will be in existence for a period beyond 6
   96  consecutive months, except as provided by rule.
   97         (c) With respect only to a water management district
   98  operating pursuant to chapter 373, a position authorized in the
   99  district’s final adopted budget and compensated from a salaries
  100  and benefits appropriation or account.
  101         (53) “Temporary position” means:
  102         (b) With respect to a local agency employer, other than a
  103  water management district operating pursuant to chapter 373, a
  104  position that will exist for less than 6 consecutive months, or
  105  other position as determined by rule of the division, regardless
  106  of whether it will exist for 6 consecutive months or longer.
  107         (c) With respect only to a water management district
  108  operating pursuant to chapter 373, a position not authorized in
  109  the district’s final adopted budget, and designated as a
  110  temporary position by the district.
  111         Section 2. Subsection (4) of section 373.503, Florida
  112  Statutes, is amended to read:
  113         373.503 Manner of taxation.—
  114         (4)(a) To ensure that taxes authorized by this chapter
  115  continue to be in proportion to the benefits derived by the
  116  parcels of real estate within the districts, the Legislature
  117  shall annually review the preliminary budget for each district
  118  for the next fiscal year as provided in s. 373.535 and the
  119  authorized millage rate for each district. Based upon the this
  120  review, the Legislature may enact legislation to shall set the
  121  authorized maximum millage rate or the maximum amount of
  122  property tax revenue to be raised by each district in the next
  123  fiscal year from the taxes levied. Except as provided in
  124  paragraph (b), if the annual maximum amount of property tax
  125  revenue is not set by the Legislature on or before July 1 of
  126  each year, the maximum property tax revenue that may be raised
  127  reverts to the amount authorized in the prior year.
  128         (b) For the 2011-2012 fiscal year, the total ad valorem
  129  taxes levied may not exceed $3,946,969 for the Northwest Florida
  130  Water Management District, $5,412,674 for the Suwannee River
  131  Water Management District, $85,335,619 for the St. Johns Water
  132  Management District, $107,766,957 for the Southwest Florida
  133  Water Management District, and $284,901,967 for the South
  134  Florida Water Management District.
  135         Section 3. Section 373.535, Florida Statutes, is created to
  136  read:
  137         373.535 Preliminary district budgets.—
  138         (1) BUDGET DEVELOPMENT.—
  139         (a) By January 15 of each year, each water management
  140  district shall submit a preliminary budget for the next fiscal
  141  year for legislative review to the President of the Senate, the
  142  Speaker of the House of Representatives, and the chairs of each
  143  legislative committee and subcommittee having substantive or
  144  fiscal jurisdiction over water management districts, as
  145  determined by the President of the Senate or the Speaker of the
  146  House of Representatives, as applicable, in the form and manner
  147  prescribed in s. 373.536(5)(e). Each preliminary budget must
  148  also include:
  149         1. A section that clearly identifies and provides
  150  justification for each proposed expenditure listed in s.
  151  373.536(5)(e)4.e.-f. and identifies the source of funds for each
  152  proposed expenditure.
  153         2. A section identifying the justification for proposed
  154  expenditures by core mission area of responsibility and the
  155  source of funds needed for activities related to water supply,
  156  including alternative water supply and water resource
  157  development projects identified in the district’s regional water
  158  supply plans, water quality, flood protection and floodplain
  159  management, and natural systems.
  160         3. A section reviewing the adopted and proposed budget
  161  allocations by program area and the performance metrics for the
  162  prior year.
  163         4. An analysis of each preliminary budget to determine the
  164  adequacy of fiscal resources available to the district and the
  165  adequacy of proposed district expenditures related to the core
  166  mission areas of responsibility for water supply, including
  167  alternative water supply and water resource development projects
  168  identified in the district’s regional water supply plans, water
  169  quality, flood protection and floodplain management, and natural
  170  systems. The analysis must be based on the particular needs
  171  within each district for core mission areas of responsibility.
  172  The water supply analysis must specifically include a
  173  determination of the adequacy of each district’s fiscal
  174  resources provided in the district’s preliminary budget to
  175  achieve appropriate progress toward meeting the districtwide 20
  176  year projected water supply demands, including funding for
  177  alternative water supply development and conservation projects.
  178         (b) If applicable, the preliminary budget for each district
  179  must specify that the district’s first obligation for payment is
  180  the debt service on bonds and certificates of participation.
  181         (2) LEGISLATIVE REVIEW.—
  182         (a) The Legislature may annually review the preliminary
  183  budget for each district, including, but not limited to, those
  184  items listed in s. 373.536(5)(e)4.d.-f., specific to regulation,
  185  outreach, management, and administration program areas.
  186         (b) On or before March 1 of each year, the President of the
  187  Senate and the Speaker of the House of Representatives may
  188  submit comments regarding the preliminary budget to the
  189  districts, and provide a copy of the comments to the Executive
  190  Office of the Governor. Each district shall respond to the
  191  comments in writing on or before March 15 of each year to the
  192  President of the Senate, the Speaker of the House of
  193  Representatives, and the Executive Office of the Governor.
  194         (c) If, following such review, the Legislature does not
  195  take any action pursuant to s. 373.503 on or before July 1 of
  196  each year, a water management district may proceed with budget
  197  development as provided in subsection (3) and s. 373.536.
  198         (3) FUNDING AUTHORITY GRANTED.—Each district shall use the
  199  preliminary budget as submitted pursuant to subsection (1), and
  200  as may be amended by the district in response to review by the
  201  Legislature pursuant to this section and s. 373.503, as the
  202  basis for developing the tentative budget for the next fiscal
  203  year as provided in s. 373.536(5).
  204         Section 4. Subsections (4), (5), and (6) of section
  205  373.536, Florida Statutes, are amended to read:
  206         373.536 District budget and hearing thereon.—
  207         (4) BUDGET CONTROLS; FINANCIAL INFORMATION.—
  208         (a) The final adopted budget for the district is will
  209  thereupon be the operating and fiscal guide for the district for
  210  the ensuing year; however, transfers of funds may be made within
  211  the budget by action of the governing board at a public meeting
  212  of the governing board. A budget amendment greater than $1
  213  million must be reviewed and approved by the Executive Office of
  214  the Governor. The office shall provide notice of approval to the
  215  Legislative Budget Commission.
  216         (b) The district shall control its budget, at a minimum, by
  217  funds and shall submit provide to the Executive Office of the
  218  Governor a description of its budget control mechanisms for
  219  approval.
  220         (c) If Should the district receives receive unanticipated
  221  funds after the adoption of the final budget, the final budget
  222  may be amended, following review and approval by the Executive
  223  Office of the Governor, by including such funds, if so long as
  224  notice of intention to amend is provided to the Legislative
  225  Budget Commission and is published in the notice of the
  226  governing board meeting at which the amendment will be
  227  considered, pursuant to s. 120.525. The notice must shall set
  228  forth a summary of the proposed amendment.
  229         (d)However, In the event of a disaster or of an emergency
  230  arising to prevent or avert the same, the governing board is
  231  shall not be limited by the budget but may expend shall have
  232  authority to apply such funds as may be available for the
  233  disaster or emergency therefor or as may be procured for such
  234  purpose. In such an event, the governing board shall notify the
  235  Executive Office of the Governor and the Legislative Budget
  236  Commission as soon as practical, but within 30 days after the
  237  governing board’s action.
  238         (e)(d) By September 1, 2012 2011, each water management
  239  district shall provide a monthly financial statement in the form
  240  and manner prescribed by the Department of Financial Services to
  241  the district’s its governing board and make such monthly
  242  financial statement available for public access on its website.
  243         (5) TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND
  244  APPROVAL.—
  245         (a) The Executive Office of the Governor may approve or and
  246  the Legislative Budget Commission are authorized to disapprove,
  247  in whole or in part, the budget of each water management
  248  district. The Executive Office of the Governor shall analyze
  249  each budget as to the adequacy of fiscal resources available to
  250  the district and the adequacy of district expenditures related
  251  to water supply, including water resource development projects
  252  identified in the district’s regional water supply plans; water
  253  quality; flood protection and floodplain management; and natural
  254  systems. This analysis shall be based on the particular needs
  255  within each water management district in those four areas of
  256  responsibility and shall be provided to the Legislative Budget
  257  Commission.
  258         (b) The Executive Office of the Governor, the Legislative
  259  Budget Commission, and the water management districts shall
  260  develop a process to facilitate review and communication
  261  regarding the tentative budgets of districts water management
  262  district budgets, as necessary.
  263         (c) The Legislative Budget Commission may reject any of the
  264  following district budget proposals:
  265         1. A single purchase of land in excess of $10 million,
  266  except for land exchanges.
  267         2. Any cumulative purchase of land during a single fiscal
  268  year in excess of $50 million.
  269         3. Any issuance of debt on or after July 1, 2012.
  270         4. Any program expenditures as described in sub
  271  subparagraphs (e)4.e.-f. in excess of 15 percent of a district’s
  272  total annual budget.
  273         5. Any individual variances in a district’s tentative
  274  budget in excess of 25 percent from a district’s preliminary
  275  budget.
  276  
  277  Written disapproval of any provision in the tentative budget
  278  must be received by the district at least 5 business days before
  279  prior to the final district budget adoption hearing conducted
  280  under s. 200.065(2)(d). If written disapproval of any portion of
  281  the budget is not received at least 5 business days before prior
  282  to the final budget adoption hearing, the governing board may
  283  proceed with final adoption. Any provision rejected by the
  284  Executive Office of the Governor or the Legislative Budget
  285  Commission may shall not be included in a district’s final
  286  budget and may not be acted upon through any other means without
  287  the prior approval of the entity rejecting the provision.
  288         (d)(c) Each water management district shall, by August 1 of
  289  each year, submit for review a tentative budget and a
  290  description of any significant changes from the preliminary
  291  budget submitted to the Legislature pursuant to s. 373.535 to
  292  the Governor, the President of the Senate, the Speaker of the
  293  House of Representatives, the chairs of all legislative
  294  committees and subcommittees having substantive or fiscal
  295  jurisdiction over water management districts, as determined by
  296  the President of the Senate or the Speaker of the House of
  297  Representatives, as applicable the Legislative Budget
  298  Commission, the secretary of the department, and the governing
  299  body of each county in which the district has jurisdiction or
  300  derives any funds for the operations of the district. The
  301  tentative budget must be posted on the water management
  302  district’s official website at least 2 days before budget
  303  hearings held pursuant to s. 200.065 or other law.
  304         (e)(d) The tentative budget must be based on the
  305  preliminary budget as submitted to the Legislature, and as may
  306  be amended by the district in response to review by the
  307  Legislature pursuant to ss. 373.503 and 373.535, as the basis
  308  for developing the tentative budget for the next fiscal year as
  309  provided in this subsection, and must set forth the proposed
  310  expenditures of the district, to which may be added an amount to
  311  be held as reserve. The tentative budget must include, but is
  312  not limited to, the following information for the preceding
  313  fiscal year and the current fiscal year, and the proposed
  314  amounts for the upcoming fiscal year, in a standard format
  315  prescribed by the Executive Office of the Governor, in
  316  consultation with the Legislature:
  317         1. The estimated amount of funds remaining at the beginning
  318  of the fiscal year which have been obligated for the payment of
  319  outstanding commitments not yet completed.
  320         2. The estimated amount of unobligated funds or net cash
  321  balance on hand at the beginning of the fiscal year; an
  322  accounting of the source, balance, and projected future use of
  323  the unobligated funds;, and the estimated amount of funds to be
  324  raised by district taxes or received from other sources to meet
  325  the requirements of the district.
  326         3. The millage rates and the percentage increase above the
  327  rolled-back rate, together with a summary of the reasons the
  328  increase is required, and the percentage increase in taxable
  329  value resulting from new construction within the district.
  330         4. The salaries and benefits, expenses, operating capital
  331  outlay, number of authorized positions, and other personal
  332  services for the following program areas of the district:
  333         a. Water resource planning and monitoring;
  334         b. Land acquisition, restoration, and public works;
  335         c. Operation and maintenance of works and lands;
  336         d. Regulation;
  337         e. Outreach for which the information provided must contain
  338  a full description and accounting of expenditures for water
  339  resources education; public information and public relations,
  340  including public service announcements and advertising in any
  341  media; and lobbying activities related to local, regional, state
  342  and federal governmental affairs, whether incurred by district
  343  staff or through contractual services; and
  344         f. Management and administration.
  345  
  346  In addition to the program areas reported by all water
  347  management districts, the South Florida Water Management
  348  District shall include in its budget document separate sections
  349  on all costs associated with the Everglades Construction Project
  350  and the Comprehensive Everglades Restoration Plan.
  351         5. The total estimated amount in the district budget for
  352  each area of responsibility listed in subparagraph 4. and for
  353  water resource, water supply, and alternative water supply
  354  development projects identified in the district’s regional water
  355  supply plans.
  356         6. A description of each new, expanded, reduced, or
  357  eliminated program.
  358         7. The funding sources, including, but not limited to, ad
  359  valorem taxes, Surface Water Improvement and Management Program
  360  funds, other state funds, federal funds, and user fees and
  361  permit fees for each program area.
  362         (f) By September 5 of the year in which the budget is
  363  submitted, the chairs of each legislative committee and
  364  subcommittee having substantive or fiscal jurisdiction may
  365  transmit to each district comments and objections to the
  366  proposed budgets. Each district governing board shall include a
  367  response to such comments and objections in the record of the
  368  governing board meeting where final adoption of the budget takes
  369  place, and the record of this meeting shall be transmitted to
  370  the Executive Office of the Governor, the department, and the
  371  chairs of the legislative appropriations committees.
  372         (g)(e) The Executive Office of the Governor shall annually,
  373  on or before December 15, file with the Legislature a report
  374  that summarizes its review of the water management districts’
  375  tentative budgets and displays the adopted budget allocations by
  376  program area. The report must identify the districts that are
  377  not in compliance with the reporting requirements of this
  378  section. State funds shall be withheld from a water management
  379  district that fails to comply with these reporting requirements.
  380         (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
  381  WATER RESOURCE DEVELOPMENT WORK PROGRAM.—
  382         (a) Each district must, by the date specified for each
  383  item, furnish copies of the following documents to the Governor,
  384  the President of the Senate, the Speaker of the House of
  385  Representatives, the chairs of all legislative committees and
  386  subcommittees having substantive or fiscal jurisdiction over the
  387  districts, as determined by the President of the Senate or the
  388  Speaker of the House of Representatives as applicable, the
  389  secretary of the department, and the governing board of each
  390  county in which the district has jurisdiction or derives any
  391  funds for the operations of the district:
  392         1. The adopted budget, to be furnished within 10 days after
  393  its adoption.
  394         2. A financial audit of its accounts and records, to be
  395  furnished within 10 days after its acceptance by the governing
  396  board. The audit must be conducted in accordance with the
  397  provisions of s. 11.45 and the rules adopted thereunder. In
  398  addition to the entities named above, the district must provide
  399  a copy of the audit to the Auditor General within 10 days after
  400  its acceptance by the governing board.
  401         3. A 5-year capital improvements plan, to be included in
  402  the consolidated annual report required by s. 373.036(7). The
  403  plan must include expected sources of revenue for planned
  404  improvements and must be prepared in a manner comparable to the
  405  fixed capital outlay format set forth in s. 216.043.
  406         4. A 5-year water resource development work program to be
  407  furnished within 30 days after the adoption of the final budget.
  408  The program must describe the district’s implementation strategy
  409  and funding plan for the water resource, water supply, and
  410  alternative water supply development components component of
  411  each approved regional water supply plan developed or revised
  412  under s. 373.709. The work program must address all the elements
  413  of the water resource development component in the district’s
  414  approved regional water supply plans and must identify which
  415  projects in the work program which will provide water;, explain
  416  how each water resource, water supply, and alternative water
  417  supply development project will produce additional water
  418  available for consumptive uses;, estimate the quantity of water
  419  to be produced by each project;, and provide an assessment of
  420  the contribution of the district’s regional water supply plans
  421  in providing sufficient water needed to timely meet the water
  422  supply needs of existing and future reasonable-beneficial uses
  423  for a 1-in-10-year drought event.
  424         (b) Within 30 days after its submittal, the department
  425  shall review the proposed work program and submit its findings,
  426  questions, and comments to the district. The review must include
  427  a written evaluation of the program’s consistency with the
  428  furtherance of the district’s approved regional water supply
  429  plans, and the adequacy of proposed expenditures. As part of the
  430  review, the department shall give interested parties the
  431  opportunity to provide written comments on each district’s
  432  proposed work program. Within 45 days after receipt of the
  433  department’s evaluation, the governing board shall state in
  434  writing to the department which of the changes recommended in
  435  the evaluation it will incorporate into its work program
  436  submitted as part of the March 1 consolidated annual report
  437  required by s. 373.036(7) or specify the reasons for not
  438  incorporating the changes. The department shall include the
  439  district’s responses in a final evaluation report and shall
  440  submit a copy of the report to the Governor, the President of
  441  the Senate, and the Speaker of the House of Representatives.
  442         (c)(b) If any entity listed in paragraph (a) provides
  443  written comments to the district regarding any document
  444  furnished under this subsection, the district must respond to
  445  the comments in writing and furnish copies of the comments and
  446  written responses to the other entities.
  447         (d)(c) The final adopted budget must be posted on the water
  448  management district’s official website within 30 days after
  449  adoption.
  450         Section 5. Section 373.605, Florida Statutes, is amended to
  451  read:
  452         373.605 Group insurance for water management districts.—
  453         (1) The governing board of a any water management district
  454  may is hereby authorized and empowered to provide group
  455  insurance for its employees, and the employees of another water
  456  management district, in the same manner and with the same
  457  provisions and limitations authorized for other public employees
  458  under by ss. 112.08, 112.09, 112.10, 112.11, and 112.14.
  459         (2) Any and all insurance agreements in effect as of
  460  October 1, 1974, which conform to the provisions of this section
  461  are hereby ratified.
  462         Section 6. Section 373.618, Florida Statutes, is created to
  463  read:
  464         373.618 Public service warnings, alerts, and
  465  announcements.—The Legislature believes it is in the public
  466  interest that all water management districts created pursuant to
  467  s. 373.069 own, acquire, develop, construct, operate, and manage
  468  public information systems. Public information systems may be
  469  located on property owned by the water management district, upon
  470  terms and conditions approved by the water management district,
  471  and must display messages to the general public concerning water
  472  management services, activities, events, and sponsors, as well
  473  as other public service announcements, including watering
  474  restrictions, severe weather reports, amber alerts, and other
  475  essential information needed by the public. Local government
  476  review or approval is not required for a public information
  477  system owned or hereafter acquired, developed, or constructed by
  478  the water management district on its own property. A public
  479  information system is exempt from the requirements of chapter
  480  479. Water management district funds may not be used to pay the
  481  cost to acquire, develop, construct, operate, or manage a public
  482  information system. Any necessary funds for a public information
  483  system shall be paid for and collected from private sponsors who
  484  may display commercial messages.
  485         Section 7. Except as otherwise expressly provided in this
  486  act, this act shall take effect July 1, 2012.