Senate Bill sb2120e1

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




    CS for CS for SB 2120                          First Engrossed



  1                      A bill to be entitled

  2         An act relating to water resources; amending s.

  3         373.1961, F.S.; allowing certain alternative

  4         water supply facilities to recover the cost of

  5         such facilities through rate structures;

  6         amending s. 373.083, F.S.; authorizing water

  7         management districts to solicit donations;

  8         amending s. 373.093, F.S.; authorizing water

  9         management districts to lease certain personal

10         property; creating s. 373.608, F.S.;

11         authorizing water management districts to

12         obtain and enforce patents, copyrights, and

13         trademarks on work products of the district;

14         providing for rules; creating s. 373.610, F.S.;

15         authorizing water management districts to

16         suspend contractors who have defaulted on

17         contracts; providing procedure; providing for

18         rules; creating s. 373.611, F.S.; authorizing

19         water management districts to enter into

20         contracts to limit or alter the measure of

21         damages recoverable from a vendor; amending s.

22         373.0693, F.S.; providing for membership on the

23         Manasota Basin Board and for the resolution of

24         tie votes; amending s. 73.015, F.S.; clarifying

25         time-frame for providing specific information

26         to fee-owners; requiring agencies to provide

27         specified portions of statute to fee-owners;

28         amending s. 270.11, F.S.; providing discretion

29         to water management districts, local

30         governments, board of trustees and other state

31         agencies to determine whether to reserve


                                  1

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






    CS for CS for SB 2120                          First Engrossed



  1         mineral interests when selling lands;

  2         clarifying the types of information to be given

  3         by land-owner wanting a release of a

  4         reservation; amending s. 373.056, F.S.;

  5         granting water management districts the

  6         authority to grant utility easements on

  7         district-owned land for providing utility

  8         service; amending s. 373.093, F.S.; granting

  9         additional time to water management districts

10         to provide notification before executing lease

11         agreements; amending s. 373.096, F.S.;

12         providing for release of certain easements,

13         reservations, or right-of-way interests;

14         amending s. 373.139, F.S.; authorizing water

15         management districts to cure title defects

16         after a land sale is executed; allowing water

17         management districts to disclose appraisal

18         information, offers and counter offers to third

19         parties working on the district's behalf;

20         allowing third party appraisals to be used

21         under specific circumstances; amending s.

22         373.1401, F.S.; allowing water management

23         districts to contract with private entities for

24         management, improvement, or maintenance of land

25         held by the districts; amending s. 110.152,

26         F.S.; specifying employees who are entitled to

27         receive such benefits for adopting a

28         special-needs child; deleting references to

29         water management district employees;

30         prescribing the manner of establishing the

31         amount of such benefits; amending s. 110.15201,


                                  2

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






    CS for CS for SB 2120                          First Engrossed



  1         F.S.; providing that rules for administering

  2         such adoption benefits may provide for an

  3         application process; deleting a reference to

  4         water management district employees; amending

  5         s. 215.32, F.S.; requiring the Comptroller and

  6         the Department of Management Services to

  7         transfer funds to water management districts to

  8         pay monetary benefits to water management

  9         district employees; creating s. 373.6065, F.S.;

10         providing child-adoption monetary benefits to

11         water management district employees; amending

12         s. 373.536, F.S.; revising notice and hearing

13         provisions relating to the adoption of a final

14         budget for the water management districts;

15         specifying to whom a copy of the water

16         management districts' tentative budget must be

17         sent for review; specifying the contents of the

18         tentative budget; requiring the Executive

19         Office of the Governor to file with the

20         Legislature a report summarizing its review of

21         the water management districts' tentative

22         budgets and displaying the adopted budget

23         allocations by program area; requiring the

24         water management districts to submit certain

25         budget documents to specified officials;

26         amending s. 373.079, F.S.; deleting a

27         requirement that the water management districts

28         submit a 5-year capital improvement plan and

29         fiscal report to the Governor, the President of

30         the Senate, the Speaker of the House of

31         Representatives, and the Secretary of


                                  3

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






    CS for CS for SB 2120                          First Engrossed



  1         Environmental Protection; amending s. 373.59,

  2         F.S.; providing for the transfer of certain

  3         funds; amending s. 373.501, F.S.; providing for

  4         the release of moneys from the Water Management

  5         Lands Trust Fund; repealing s. 373.507, F.S.,

  6         relating to postaudits and budgets of water

  7         management districts and basins; repealing s.

  8         373.589, F.S., relating to audits of water

  9         management districts; providing an effective

10         date.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Paragraph (k) is added to subsection (2) of

15  section 373.1961, Florida Statutes, to read:

16         373.1961  Water production.--

17         (2)  The Legislature finds that, due to a combination

18  of factors, vastly increased demands have been placed on

19  natural supplies of fresh water, and that, absent increased

20  development of alternative water supplies, such demands may

21  increase in the future.  The Legislature also finds that

22  potential exists in the state for the production of

23  significant quantities of alternative water supplies,

24  including reclaimed water, and that water production includes

25  the development of alternative water supplies, including

26  reclaimed water, for appropriate uses.  It is the intent of

27  the Legislature that utilities develop reclaimed water

28  systems, where reclaimed water is the most appropriate

29  alternative water supply option, to deliver reclaimed water to

30  as many users as possible through the most cost-effective

31  means, and to construct reclaimed water system infrastructure


                                  4

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






    CS for CS for SB 2120                          First Engrossed



  1  to their owned or operated properties and facilities where

  2  they have reclamation capability. It is also the intent of the

  3  Legislature that the water management districts which levy ad

  4  valorem taxes for water management purposes should share a

  5  percentage of those tax revenues with water providers and

  6  users, including local governments, water, wastewater, and

  7  reuse utilities, municipal, industrial, and agricultural water

  8  users, and other public and private water users, to be used to

  9  supplement other funding sources in the development of

10  alternative water supplies. The Legislature finds that public

11  moneys or services provided to private entities for such uses

12  constitute public purposes which are in the public interest.

13  In order to further the development and use of alternative

14  water supply systems, including reclaimed water systems, the

15  Legislature provides the following:

16         (k)  The Florida Public Service Commission shall allow

17  entities under its jurisdiction constructing alternative water

18  supply facilities, including but not limited to aquifer

19  storage and recovery wells, to recover the full, prudently

20  incurred cost of such facilities through their rate structure.

21  Every component of an alternative water supply facility

22  constructed by an investor-owned utility shall be recovered in

23  current rates.

24         Section 2.  Subsection (4) of section 373.083, Florida

25  Statutes, is amended to read:

26         373.083  General powers and duties of the governing

27  board.--In addition to other powers and duties allowed it by

28  law, the governing board is authorized to:

29         (4)  Solicit and accept donations or grants of funds or

30  services from both public and private sources for the planning

31  and implementation of district undertakings and delegations,


                                  5

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






    CS for CS for SB 2120                          First Engrossed



  1  including, but not limited to, projects, programs, works, and

  2  studies.

  3         Section 3.  Subsection (4) of section 373.093, Florida

  4  Statutes, is created to read:

  5         373.093  Lease of lands or interest in land and

  6  personal property.--The governing board of the district may

  7  lease any lands or interest in land, including but not limited

  8  to oil and mineral rights, to which the district has acquired

  9  title, or to which it may hereafter acquire title in the

10  following manner, as long as the lease is consistent with the

11  purposes for which the lands or any interest in land was

12  acquired:

13         (4)  The governing board of the district may lease

14  existing communications towers and other similar structures

15  which the district owns or which it may hereafter acquire, for

16  the best price and terms obtainable, to be determined by the

17  board.

18         Section 4.  Section 373.608, Florida Statutes, is

19  created to read:

20         373.608  Patents, copyrights, and trademarks.--Each

21  district may, in its own name:

22         (1)  Perform all things necessary to secure letters of

23  patent, copyrights, and trademarks on any work products of the

24  district and enforce its rights therein. Each district shall

25  consider contributions by district personnel in the

26  development of trademarks, copyrights, and patents and shall

27  enter into written contracts with such personnel in each

28  trademark, copyright, or patent.

29         (2)  License, lease, assign, or otherwise give written

30  consent to any person, firm, or corporation for the

31  manufacture or use of such district work products, on a


                                  6

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






    CS for CS for SB 2120                          First Engrossed



  1  royalty basis or for such other consideration as the

  2  applicable governing board shall deem proper.

  3         (3)  Take any action necessary, including legal action,

  4  to protect such district work products against improper or

  5  unlawful use or infringement.

  6         (4)  Enforce the collection of any sums due to the

  7  district for the manufacture or use of such district work

  8  products by other party.

  9         (5)  Sell any of such district work products and

10  execute all instruments necessary to consummate any such sale.

11         (6)  Do all other acts necessary and proper for the

12  execution of powers and duties conferred upon the districts by

13  this section, including adopting rules, as necessary, in order

14  to administer this section.

15         Section 5.  Section 373.610, Florida Statutes, is

16  created to read:

17         373.610  Defaulting vendors and contractors.--The

18  district may suspend a contractor on a temporary or permanent

19  basis, from doing work with the district if such contractor

20  has materially breached its contract with the district.  The

21  district shall adopt rules to administer the provisions of

22  this section to specify the circumstances and conditions that

23  constitute a materially breached contract and conditions that

24  constitute the period for temporary or permanent suspension

25  and for reinstatement.

26         Section 6.  Section 373.611, Florida Statutes, is

27  created to read:

28         373.611  Modification or limitation of remedy.--In

29  order to promote the cost-effective procurement of commodities

30  and contractual services by the water management districts, a

31  district may enter into contracts to limit or alter the


                                  7

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






    CS for CS for SB 2120                          First Engrossed



  1  measure of damages recoverable from a vendor consistent with

  2  the provisions contained in s. 672.719.

  3         Section 7.  Subsection (7) of section 373.0693, Florida

  4  Statutes, is amended to read:

  5         373.0693  Basins; basin boards.--

  6         (7)  At 11:59 p.m. on December 31, 1976, the Manasota

  7  Watershed Basin of the Ridge and Lower Gulf Coast Water

  8  Management District, which is annexed to the Southwest Florida

  9  Water Management District by change of its boundaries pursuant

10  to chapter 76-243, Laws of Florida, shall be formed into a

11  subdistrict or basin of the Southwest Florida Water Management

12  District, subject to the same provisions as the other basins

13  in such district.  Such subdistrict shall be designated

14  initially as the Manasota Basin. The members of the governing

15  board of the Manasota Watershed Basin of the Ridge and Lower

16  Gulf Coast Water Management District shall become members of

17  the governing board of the Manasota Basin of the Southwest

18  Florida Water Management District. Notwithstanding other

19  provisions in this section, beginning on July 1, 2001, the

20  membership of the Manasota Basin Board shall be comprised of

21  three members from Manatee County and three members from

22  Sarasota County. Matters relating to tie votes shall be

23  resolved pursuant to subsection (6) by the ex officio chair

24  designated by the governing board to vote in case of a tie

25  vote.

26         Section 8.  Paragraph (a) of subsection (1) of section

27  73.015, Florida Statutes, is amended to read:

28         73.015  Presuit negotiation.--

29         (1)  Effective July 1, 2000, before an eminent domain

30  proceeding is brought under this chapter or chapter 74, the

31  condemning authority must attempt to negotiate in good faith


                                  8

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






    CS for CS for SB 2120                          First Engrossed



  1  with the fee owner of the parcel to be acquired, must provide

  2  the fee owner with a written offer and, if requested, a copy

  3  of the appraisal upon which the offer is based, and must

  4  attempt to reach an agreement regarding the amount of

  5  compensation to be paid for the parcel.

  6         (a)  No later than the time the initial written or oral

  7  offer of compensation for acquisition is made to the fee

  8  owner, At the inception of negotiation for acquisition, the

  9  condemning authority must notify the fee owner of the

10  following:

11         1.  That all or a portion of his or her property is

12  necessary for a project.

13         2.  The nature of the project for which the parcel is

14  considered necessary, and the parcel designation of the

15  property to be acquired.

16         3.  That, within 15 business days after receipt of a

17  request by the fee owner, the condemning authority will

18  provide a copy of the appraisal report upon which the offer to

19  the fee owner is based; copies, to the extent prepared, of the

20  right-of-way maps or other documents that depict the proposed

21  taking; and copies, to the extent prepared, of the

22  construction plans that depict project improvements to be

23  constructed on the property taken and improvements to be

24  constructed adjacent to the remaining property, including, but

25  not limited to, plan, profile, cross-section, drainage, and

26  pavement marking sheets, and driveway connection detail.  The

27  condemning authority shall provide any additional plan sheets

28  within 15 days of request.

29         4.  The fee owner's statutory rights under ss. 73.091

30  and 73.092, or alternatively provide copies of these

31  provisions of law.


                                  9

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






    CS for CS for SB 2120                          First Engrossed



  1         5.  The fee owner's rights and responsibilities under

  2  paragraphs (b) and (c) and subsection (4), or alternatively

  3  provide copies of these provisions of law.

  4         Section 9.  Subsections (1) and (3) of section 270.11,

  5  Florida Statutes, are amended to read:

  6         270.11  Contracts for sale of public lands to reserve

  7  certain mineral rights; prohibition on exercise of right of

  8  entry in certain cases.--

  9         (1)  Unless the applicable agency chooses not to

10  reserve such interest and except Except as otherwise provided

11  by law, in all contracts and deeds for the sale of land

12  executed by the Board of Trustees of the Internal Improvement

13  Trust Fund or by any local government, water management

14  district, or other agency of the state, there shall be

15  reserved for such local government, water management district,

16  other agency of the state, or the board of trustees and its

17  successors an undivided three-fourths interest in, and title

18  in and to an undivided three-fourths interest in, all the

19  phosphate, minerals, and metals that are or may be in, on, or

20  under the said land and an undivided one-half interest in all

21  the petroleum that is or may be in, on, or under said land

22  with the privilege to mine and develop the same.

23         (3)  A local government, water management district, or

24  agency of the state may, at its discretion, sell or release

25  such reserved interest in any parcel of land, except that such

26  sale or release shall be made upon petition of the purchaser

27  for such interest and with upon submission by the local

28  government, water management district, or agency of the state

29  which owns the parcel of a statement of reasons justifying

30  such sale or release.

31


                                  10

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






    CS for CS for SB 2120                          First Engrossed



  1         Section 10.  Subsection (4) of section 373.056, Florida

  2  Statutes, is amended to read:

  3         373.056  State agencies, counties, drainage districts,

  4  municipalities, or governmental agencies or public

  5  corporations authorized to convey or receive land from water

  6  management districts.--

  7         (4)  Any water management district within this chapter

  8  shall have authority to convey or lease to any governmental

  9  entity, other agency described herein or to the United States

10  Government, including its agencies, land or rights in land

11  owned by such district not required for its purposes under

12  such terms and conditions as the governing board of such

13  district may determine. In addition to other general law

14  authorizing the grant of utility easements, any water

15  management district may grant utility easements on land owned

16  by such district to any private or public utility for the

17  limited purpose of obtaining utility service to district

18  property under such terms and conditions as the governing

19  board of such district may determine.

20         Section 11.  Section 373.096, Florida Statutes, is

21  amended to read:

22         373.096  Releases.--The governing board of the district

23  may release any canal easement, reservation or right-of-way

24  interests, conveyed to it for which it has no present or

25  apparent future use under terms and conditions determined by

26  the board.

27         Section 12.  Subsection (2) of section 373.093, Florida

28  Statutes, is amended to read:

29         373.093  Lease of lands or interest in land.--The

30  governing board of the district may lease any lands or

31  interest in land, including but not limited to oil and mineral


                                  11

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






    CS for CS for SB 2120                          First Engrossed



  1  rights, to which the district has acquired title, or to which

  2  it may hereafter acquire title in the following manner, as

  3  long as the lease is consistent with the purposes for which

  4  the lands or any interest in land was acquired:

  5         (2)  Before leasing any land, or interest in land

  6  including but not limited to oil and mineral rights, the

  7  district shall cause a notice of intention to lease to be

  8  published in a newspaper published in the county in which said

  9  land is situated and such other places as the board may

10  determine once each week for 3 successive weeks (three

11  insertions being sufficient), the first publication of which

12  shall be not less than 30 nor more than 90 45 days prior to

13  the date the board executes the any lease, which said notice

14  shall set forth the time and place of leasing and a

15  description of the lands to be leased.

16         Section 13.  Subsection (2) and paragraph (a) of

17  subsection (3) of section 373.139, Florida Statutes, are

18  amended to read:

19         373.139  Acquisition of real property.--

20         (2)  The governing board of the district is empowered

21  and authorized to acquire in fee or less than fee title to

22  real property, and easements and other interests or rights

23  therein, by purchase, gift, devise, lease, eminent domain, or

24  otherwise for flood control, water storage, water management,

25  conservation and protection of water resources, aquifer

26  recharge, water resource and water supply development, and

27  preservation of wetlands, streams, and lakes. Eminent domain

28  powers may be used only for acquiring real property for flood

29  control and water storage or for curing title defects or

30  encumbrances to real property owned by the district or to be

31  acquired by the district from a willing seller.


                                  12

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






    CS for CS for SB 2120                          First Engrossed



  1         (3)  The initial 5-year work plan and any subsequent

  2  modifications or additions thereto shall be adopted by each

  3  water management district after a public hearing. Each water

  4  management district shall provide at least 14 days' advance

  5  notice of the hearing date and shall separately notify each

  6  county commission within which a proposed work plan project or

  7  project modification or addition is located of the hearing

  8  date.

  9         (a)  Title information, Appraisal reports, offers, and

10  counteroffers are confidential and exempt from the provisions

11  of s. 119.07(1) until an option contract is executed or, if no

12  option contract is executed, until 30 days before a contract

13  or agreement for purchase is considered for approval by the

14  governing board.  However, each district may, at its

15  discretion, disclose appraisal reports to private landowners

16  during negotiations for acquisitions using alternatives to fee

17  simple techniques, if the district determines that disclosure

18  of such reports will bring the proposed acquisition to

19  closure. In the event that negotiation is terminated by the

20  district, the title information, appraisal report, offers, and

21  counteroffers shall become available pursuant to s. 119.07(1).

22  Notwithstanding the provisions of this section and s. 259.041,

23  a district and the Division of State Lands may share and

24  disclose title information, appraisal reports, appraisal

25  information, offers, and counteroffers when joint acquisition

26  of property is contemplated. A district and the Division of

27  State Lands shall maintain the confidentiality of such title

28  information, appraisal reports, appraisal information, offers,

29  and counteroffers in conformance with this section and s.

30  259.041, except in those cases in which a district and the

31  division have exercised discretion to disclose such


                                  13

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






    CS for CS for SB 2120                          First Engrossed



  1  information. A district may disclose appraisal information,

  2  offers, and counteroffers to a third party who has entered

  3  into a contractual agreement with the district to work with or

  4  on the behalf of or to assist the district in connection with

  5  land acquisitions. The third party shall maintain the

  6  confidentiality of such information in conformance with this

  7  section. In addition, a district may use, as its own,

  8  appraisals obtained by a third party provided the appraiser is

  9  selected from the district's list of approved appraisers and

10  the appraisal is reviewed and approved by the district.

11         Section 14.  Section 373.1401, Florida Statutes, is

12  amended to read:

13         373.1401  Management of lands of water management

14  districts.--In addition to provisions contained in s.

15  373.1391(1) for soil and water conservation districts, the The

16  governing board of each water management district may contract

17  with a non-governmental person or entity, any federal or state

18  agency, a county, a municipality, or any other governmental

19  entity, or environmental nonprofit organization to provide for

20  the improvement, management, or maintenance of any real

21  property owned by or under the control of the district.

22         Section 15.  Paragraph (a) of subsection (6) of section

23  374.984, Florida Statutes, is amended to read:

24         374.984  Purpose; powers and duties.--It is the purpose

25  and intent of this act that the board perform and do all

26  things which shall be requisite and necessary to comply with

27  the requirements and conditions imposed upon a "local

28  interest" by the Congress of the United States in the several

29  acts authorizing and directing the improvement and maintenance

30  of the Intracoastal Waterway from St. Mary's River to the

31  southernmost boundary of Dade County. Said acts include but


                                  14

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






    CS for CS for SB 2120                          First Engrossed



  1  are not limited to:  the Rivers and Harbors Act approved

  2  January 21, 1927, as amended by the River and Harbor Act

  3  approved July 3, 1930; the River and Harbor Act of June 20,

  4  1938; and s. 107 of the Federal River and Harbor Act of 1960.

  5  Pursuant thereto, the powers of the board shall include, but

  6  not be limited to:

  7         (6)(a)  Contracting directly for, or entering into

  8  agreement from time to time with the district engineer of the

  9  Jacksonville, Florida, United States Army Corps of Engineers

10  district, or other agency or party duly authorized

11  representative of the United States, to contribute toward the

12  cost of dredging performed on the waterway by the United

13  States, to construct retaining bulkheads, dikes, and levees,

14  to construct ditches for the control of water discharged by

15  the dredges, and to do all other work and/or things which, in

16  the judgment of the board, shall be proper and necessary to

17  produce economies in meeting the conditions with respect to

18  right-of-way and dredged material management areas imposed

19  upon a "local interest" by the Congress of the United States

20  in the several acts authorizing and directing the improvement,

21  navigability, and maintenance of the Intracoastal Waterway

22  from St. Mary's River to the southernmost boundary of Dade

23  County.

24         Section 16.  Section 110.152, Florida Statutes, is

25  amended to read:

26         110.152  Adoption benefits for state or water

27  management district employees; parental leave.--

28         (1)(a)  Any full-time or part-time employee of the

29  state who is paid from regular salary appropriations and or of

30  a water management district who adopts a special-needs child,

31  as defined in paragraph (b), is eligible to receive a monetary


                                  15

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






    CS for CS for SB 2120                          First Engrossed



  1  benefit in the amount of $10,000 per child, $5,000 of which is

  2  payable in equal monthly installments over a 2-year period.

  3  Any employee of the state or of a water management district

  4  who adopts a child whose permanent custody has been awarded to

  5  the Department of Children and Family Services or to a

  6  Florida-licensed child-placing agency, other than a

  7  special-needs child as defined in paragraph (b), shall be

  8  eligible to receive a monetary benefit in the amount of $5,000

  9  per child, $2,000 of which is payable in equal monthly

10  installments over a 2-year period. Benefits paid under this

11  subsection to a part-time employee must be prorated based on

12  the employee's full-time-equivalency status at the time of

13  applying for the benefits.

14         (b)  For purposes of this section, a "special-needs

15  child" is a child whose permanent custody has been awarded to

16  the Department of Children and Family Services or to a

17  Florida-licensed child-placing agency and who is not likely to

18  be adopted because he or she is:

19         1.  Eight years of age or older.

20         2.  A person with a developmental disability.

21         3.  A person with a physical or emotional handicap.

22         4.  Of a minority race or of a racially mixed heritage.

23         5.  A member of a sibling group of any age, provided

24  that two or more members of a sibling group remain together

25  for the purposes of adoption.

26         (2)  An employee of the state or of a water management

27  district who adopts a special-needs child must apply to his or

28  her agency head to obtain the monetary benefit provided in

29  subsection (1). Applications must be on forms approved by the

30  department and must include a certified copy of the final

31  order of adoption naming the applicant as the adoptive parent.


                                  16

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






    CS for CS for SB 2120                          First Engrossed



  1         (3)  Nothing in this section shall affect the right of

  2  any state employee who adopts a special-needs child to receive

  3  financial aid for adoption expenses pursuant to s. 409.166 or

  4  any other statute that provides financial incentives for the

  5  adoption of children.

  6         (4)  Any employee of the state or of a water management

  7  district who has a child placed in the custody of the employee

  8  for adoption, and who continues to reside in the same

  9  household as the child placed for adoption, shall be granted

10  parental leave for a period not to exceed 6 months as provided

11  in s. 110.221.

12         Section 17.  Section 110.15201, Florida Statutes, is

13  amended to read:

14         110.15201  Adoption benefits for state or water

15  management district employees; rulemaking authority.--The

16  Department of Management Services may adopt rules to

17  administer the provisions of this act. Such rules may provide

18  for an application process such as, but not limited to, an

19  open-enrollment period during which employees may apply for

20  monetary benefits as provided in s. 110.152(1).

21         Section 18.  Paragraph (c) of subsection (2) of section

22  215.32, Florida Statutes, is amended to read:

23         215.32  State funds; segregation.--

24         (2)  The source and use of each of these funds shall be

25  as follows:

26         (c)1.  The Budget Stabilization Fund shall consist of

27  amounts equal to at least 5 percent of net revenue collections

28  for the General Revenue Fund during the last completed fiscal

29  year. The Budget Stabilization Fund's principal balance shall

30  not exceed an amount equal to 10 percent of the last completed

31  fiscal year's net revenue collections for the General Revenue


                                  17

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






    CS for CS for SB 2120                          First Engrossed



  1  Fund. As used in this paragraph, the term "last completed

  2  fiscal year" means the most recently completed fiscal year

  3  prior to the regular legislative session at which the

  4  Legislature considers the General Appropriations Act for the

  5  year in which the transfer to the Budget Stabilization Fund

  6  must be made under this paragraph.

  7         2.  By September 15 of each year, the Governor shall

  8  authorize the Comptroller to transfer, and the Comptroller

  9  shall transfer pursuant to appropriations made by law, to the

10  Budget Stabilization Fund the amount of money needed for the

11  balance of that fund to equal the amount specified in

12  subparagraph 1., less any amounts expended and not restored.

13  The moneys needed for this transfer may be appropriated by the

14  Legislature from any funds.

15         3.  Unless otherwise provided in this subparagraph, an

16  expenditure from the Budget Stabilization Fund must be

17  restored pursuant to a restoration schedule that provides for

18  making five equal annual transfers from the General Revenue

19  Fund, beginning in the fiscal year following that in which the

20  expenditure was made. For any Budget Stabilization Fund

21  expenditure, the Legislature may establish by law a different

22  restoration schedule and such change may be made at any time

23  during the restoration period. Moneys are hereby appropriated

24  for transfers pursuant to this subparagraph.

25         4.  The Budget Stabilization Fund and the Working

26  Capital Fund may be used as revolving funds for transfers as

27  provided in s. 18.125; however, any interest earned must be

28  deposited in the General Revenue Fund.

29         5.  The Comptroller and the Department of Management

30  Services shall transfer funds to water management districts to

31  pay eligible water management district employees for all


                                  18

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






    CS for CS for SB 2120                          First Engrossed



  1  benefits due under s. 373.6065, as long as funds remain

  2  available for the program described under s. 100.152.

  3         Section 19.  Section 373.6065, Florida Statutes, is

  4  created to read:

  5         373.6065  Adoption benefits for water management

  6  district employees.--

  7         (1)  Any employee of a water management district is

  8  eligible to receive monetary benefits for child adoption to

  9  the same extent as is an employee of the state, as described

10  in s. 110.152. The employee shall apply for such benefits

11  pursuant to s. 110.15201

12         (2)  The Comptroller and the Department of Management

13  Services shall transfer funds to water management districts to

14  pay eligible water management district employees for these

15  child adoption monetary benefits in accordance with s.

16  215.32(1)(c)5., as long as funds remain available for the

17  program described under s. 110.152.

18         (3)  Parental leave for eligible water management

19  district employees shall be provided according to the policies

20  and procedures of the individual water management district in

21  existence at the time eligibility is determined.

22         (4)  Each water management district shall develop means

23  of implementing these monetary adoption benefits for water

24  management district employees, consistent with its current

25  practices. Water management district rules, policies,

26  guidelines, or procedures so implemented will remain valid and

27  enforceable as long as they do not conflict with the express

28  terms of s. 110.152.

29         Section 20.  Section 373.536, Florida Statutes, is

30  amended to read:

31         373.536  District budget and hearing thereon.--


                                  19

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






    CS for CS for SB 2120                          First Engrossed



  1         (1)  FISCAL YEAR.--The fiscal year of districts created

  2  under the provisions of this chapter shall extend from October

  3  1 of one year through September 30 of the following year.

  4         (2)  BUDGET SUBMITTAL.--The budget officer of the

  5  district shall, on or before July 15 of each year, submit for

  6  consideration by the governing board of the district a

  7  tentative budget for the district covering its proposed

  8  operations operation and funding requirements for the ensuing

  9  fiscal year.

10         (3)  BUDGET HEARINGS AND WORKSHOPS; NOTICE.--

11         (a)  Unless alternative notice requirements are

12  otherwise provided by law, notice of all budget hearings

13  conducted by the governing board or district staff must be

14  published in a newspaper of general paid circulation in each

15  county in which the district lies not less than 5 days nor

16  more than 15 days before the hearing.

17         (b)  Budget workshops conducted for the public and not

18  governed by s. 200.065 must be advertised in a newspaper of

19  general paid circulation in the community or area in which the

20  workshop will occur not less than 5 days nor more than 15 days

21  before the workshop.

22         (c)  The tentative budget shall be adopted in

23  accordance with the provisions of s. 200.065; however, if the

24  mailing of the notice of proposed property taxes is delayed

25  beyond September 3 in any county in which the district lies,

26  the district shall advertise its intention to adopt a

27  tentative budget and millage rate, pursuant to s.

28  200.065(3)(g), in a newspaper of general paid circulation in

29  that county. The budget shall set forth, classified by object

30  and purpose, and by fund if so designated, the proposed

31  expenditures of the district for bonds or other debt, for


                                  20

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






    CS for CS for SB 2120                          First Engrossed



  1  construction, for acquisition of land, for operation and

  2  maintenance of the district works, for the conduct of the

  3  affairs of the district generally, and for other purposes, to

  4  which may be added an amount to be held as a reserve. District

  5  administrative and operating expenses must be identified in

  6  the budget and allocated among district programs.

  7         (2)  The budget shall also show the estimated amount

  8  which will appear at the beginning of the fiscal year as

  9  obligated upon commitments made but uncompleted.  There shall

10  be shown the estimated unobligated or net balance which will

11  be on hand at the beginning of the fiscal year, and the

12  estimated amount to be raised by district taxes and from other

13  sources for meeting the requirements of the district.

14         (d)(3)  As provided in s. 200.065(2)(d), the board

15  shall publish one or more notices of its intention to finally

16  adopt a final budget for the district for the ensuing fiscal

17  year. The notice shall appear adjacent to an advertisement

18  that sets which shall set forth the tentative budget in a

19  format meeting the budget summary requirements of s.

20  129.03(3)(b) in full. The district shall not include

21  expenditures of federal special revenues and state special

22  revenues when preparing the statement required by s.

23  200.065(3)(l). The notice and advertisement shall be published

24  in one or more newspapers having a combined general paid

25  circulation in each county the counties having land in which

26  the district lies. Districts may include explanatory phrases

27  and examples in budget advertisements published under s.

28  200.065 to clarify or illustrate the effect that the district

29  budget may have on ad valorem taxes.

30         (e)(4)  The hearing for adoption of to finally adopt a

31  final budget and millage rate shall be by and before the


                                  21

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






    CS for CS for SB 2120                          First Engrossed



  1  governing board of the district as provided in s. 200.065 and

  2  may be continued from day to day until terminated by the

  3  board.

  4         (4)  BUDGET CONTROLS.--

  5         (a)  The final adopted budget for the district will

  6  thereupon be the operating and fiscal guide for the district

  7  for the ensuing year; however, transfers of funds may be made

  8  within the budget by action of the governing board at a public

  9  meeting of the governing board.

10         (b)  The district shall control its budget, at a

11  minimum, by funds and shall provide to the Executive Office of

12  the Governor a description of its budget control mechanisms.

13         (c)  Should the district receive unanticipated funds

14  after the adoption of the final budget, the final budget may

15  be amended by including such funds, so long as notice of

16  intention to amend is published in the notice of the governing

17  board meeting at which the amendment will be considered,

18  pursuant to s. 120.525 one time in one or more newspapers

19  qualified to accept legal advertisements having a combined

20  general circulation in the counties in the district. The

21  notice shall set forth a summary of the proposed amendment and

22  shall be published at least 10 days prior to the public

23  meeting of the board at which the proposed amendment is to be

24  considered. However, in the event of a disaster or of an

25  emergency arising to prevent or avert the same, the governing

26  board shall not be limited by the budget but shall have

27  authority to apply such funds as may be available therefor or

28  as may be procured for such purpose.

29         (5)  TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW

30  AND APPROVAL.--

31


                                  22

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






    CS for CS for SB 2120                          First Engrossed



  1         (a)  The Executive Office of the Governor is authorized

  2  to approve or disapprove, in whole or in part, the budget of

  3  each water management district and shall analyze each budget

  4  as to the adequacy of fiscal resources available to the

  5  district and the adequacy of district expenditures related to

  6  water supply, including water resource development projects

  7  identified in the district's regional water supply plans;

  8  water quality; flood protection and floodplain management; and

  9  natural systems.  This analysis shall be based on the

10  particular needs within each water management district in

11  those four areas of responsibility.

12         (b)  The Executive Office of the Governor and the water

13  management districts shall develop a process to facilitate

14  review and communication regarding water management district

15  budgets, as necessary.  Written disapproval of any provision

16  in the tentative budget must be received by the district at

17  least 5 business days prior to the final district budget

18  adoption hearing conducted under s. 200.065(2)(d).  If written

19  disapproval of any portion of the budget is not received at

20  least 5 business days prior to the final budget adoption

21  hearing, the governing board may proceed with final adoption.

22  Any provision rejected by the Governor shall not be included

23  in a district's final budget.

24         (c)  Each water management district shall, by August 1

25  of each year, submit for review a tentative budget to the

26  Governor, the President of the Senate, the Speaker of the

27  House of Representatives, the chairs of all legislative

28  committees and subcommittees with substantive or fiscal

29  jurisdiction over water management districts, as determined by

30  the President of the Senate or Speaker of the House of

31  Representatives as applicable, the secretary of the


                                  23

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






    CS for CS for SB 2120                          First Engrossed



  1  department, and the governing body of each county in which the

  2  district has jurisdiction  or derives any funds for the

  3  operations of the district.

  4         (d)  The tentative budget must set forth the proposed

  5  expenditures of the district, to which may be added an amount

  6  to be held as reserve. The tentative budget must include, but

  7  is not limited to, the following information for the preceding

  8  fiscal year and the current fiscal year, and the proposed

  9  amounts for the upcoming fiscal year, in a standard format

10  prescribed by the Executive Office of the Governor which is

11  generally consistent with the format prescribed by legislative

12  budget instructions for state agencies and the format

13  requirements of s. 216.031:

14         1.  The estimated amount of funds remaining at the

15  beginning of the fiscal year which have been obligated for the

16  payment of outstanding commitments not yet completed.

17         2.  The estimated amount of unobligated funds or net

18  cash balance on hand at the beginning of the fiscal year, and

19  the estimated amount of funds to be raised by district taxes

20  or received from other sources to meet the requirements of the

21  district.

22         3.  The millage rates and the percentage increase above

23  the rolled-back rate, together with a summary of the reasons

24  the increase is required, and the percentage increase in

25  taxable value resulting from new construction within the

26  district.;

27         4.2.  The salaries salary and benefits, expenses,

28  operating capital outlay, number of authorized positions, and

29  other personal services for the following program areas of the

30  district, including a separate section for lobbying,

31  intergovernmental relations, and advertising:


                                  24

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






    CS for CS for SB 2120                          First Engrossed



  1         a.  Water resource planning and monitoring;

  2         b.  Land acquisition, restoration, and public works;

  3         c.  Operation and maintenance of works and lands;

  4         d.  Regulation;

  5         e.  Outreach for which the information provided must

  6  contain a full description and accounting of expenditures for

  7  water resources education; public information and public

  8  relations, including public service announcements and

  9  advertising in any media; and lobbying activities related to

10  local, regional, state and federal governmental affairs,

11  whether incurred by district staff or through contractual

12  services; and

13         f.  Management and administration.

14         a.  District management and administration;

15         b.  Implementation through outreach activities;

16         c.  Implementation through regulation;

17         d.  Implementation through acquisition, restoration,

18  and public works;

19         e.  Implementation through operations and maintenance

20  of lands and works;

21         f.  Water resources planning and monitoring; and

22         g.  A full description and accounting of expenditures

23  for lobbying activities relating to local, regional, state,

24  and federal governmental affairs, whether incurred by district

25  staff or through contractual services and all expenditures for

26  public relations, including all expenditures for public

27  service announcements and advertising in any media.

28

29  In addition to the program areas reported by all water

30  management districts, the South Florida Water Management

31  District shall include in its budget document a separate


                                  25

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






    CS for CS for SB 2120                          First Engrossed



  1  sections section on all costs associated with the Everglades

  2  Construction Project and the Comprehensive Everglades

  3  Restoration Plan.

  4         5.3.  The total estimated amount in the district budget

  5  for each area of responsibility listed in subparagraph 4.

  6  paragraph (a) and for water resource development projects

  7  identified in the district's regional water supply plans.

  8         4.  A 5-year capital improvements plan.

  9         6.5.  A description of each new, expanded, reduced, or

10  eliminated program.

11         6.  A proposed 5-year water resource development work

12  program, that describes the district's implementation strategy

13  for the water resource development component of each approved

14  regional water supply plan developed or revised pursuant to s.

15  373.0361.  The work program shall address all the elements of

16  the water resource development component in the district's

17  approved regional water supply plans.  The office of the

18  Governor, with the assistance of the department, shall review

19  the proposed work program.  The review shall include a written

20  evaluation of its consistency with and furtherance of the

21  district's approved regional water supply plans, and adequacy

22  of proposed expenditures. As part of the review, the Executive

23  Office of the Governor and the department shall afford to all

24  interested parties the opportunity to provide written comments

25  on each district's proposed work program. At least 7 days

26  prior to the adoption of its final budget, the governing board

27  shall state in writing to the Executive Office of the Governor

28  which changes recommended in the evaluation it will

29  incorporate into its work program, or specify the reasons for

30  not incorporating the changes.  The office of the Governor

31  shall include the district's responses in the written


                                  26

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






    CS for CS for SB 2120                          First Engrossed



  1  evaluation and shall submit a copy of the evaluation to the

  2  Legislature; and

  3         7.  The funding sources, including, but not limited to,

  4  ad valorem taxes, Surface Water Improvement and Management

  5  Program funds, other state funds, federal funds, and user fees

  6  and permit fees for each program area.

  7         (e)(d)  By September 5 of the year in which the budget

  8  is submitted, the House and Senate appropriations chairs may

  9  transmit to each district comments and objections to the

10  proposed budgets.  Each district governing board shall include

11  a response to such comments and objections in the record of

12  the governing board meeting where final adoption of the budget

13  takes place, and the record of this meeting shall be

14  transmitted to the Executive Office of the Governor, the

15  department, and the chairs of the House and Senate

16  appropriations committees.

17         (f)(e)  The Executive Office of the Governor shall

18  annually, on or before December 15, file with the Legislature

19  a report that summarizes its review the expenditures of the

20  water management districts' tentative budgets and displays the

21  adopted budget allocations districts by program area. The

22  report must identify and identifies the districts that are not

23  in compliance with the reporting requirements of this section.

24  State funds shall be withheld from a water management district

25  that fails to comply with these reporting requirements.

26         (6)  FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS

27  PLAN; WATER RESOURCE DEVELOPMENT WORK PROGRAM.--

28         (a)  Each district must, by the date specified for each

29  item, furnish copies of the following documents to the

30  Governor, the President of the Senate, the Speaker of the

31  House of Representatives, the chairs of all legislative


                                  27

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






    CS for CS for SB 2120                          First Engrossed



  1  committees and subcommittees having substantive or fiscal

  2  jurisdiction over the districts, as determined by the

  3  President or Speaker as applicable, the secretary of the

  4  department, and the governing board of each county in which

  5  the district has jurisdiction or derives any funds for the

  6  operations of the district;

  7         1.  The adopted budget, to be furnished within 10 days

  8  after its adoption.

  9         2.  A financial audit of its accounts and records, to

10  be furnished within 10 days after its acceptance by the

11  governing board. The audit must be conducted in accordance

12  with the provisions of s. 11.45 and the rules adopted

13  thereunder. In addition to the entities named above, the

14  district must provide a copy of the audit to the Auditor

15  General within 10 days after its acceptance by the governing

16  board.

17         3.  A 5-year capital improvements plan, to be furnished

18  within 45 days after the adoption of the final budget. The

19  plan must include expected sources of revenue for planned

20  improvements and must be prepared in a manner comparable to

21  the fixed capital outlay format set forth in s. 216.043.

22         4.  A 5-year water resource development work program to

23  be furnished within 45 days after the adoption of the final

24  budget. The program must describe the district's

25  implementation strategy for the water resource development

26  component of each approved regional water supply plan

27  developed or revised under s. 373.0361. The work program must

28  address all the elements of the water resource development

29  component in the district's approved regional water supply

30  plans. Within 45 days after its submittal, the department

31  shall review the proposed work program and submit its


                                  28

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






    CS for CS for SB 2120                          First Engrossed



  1  findings, questions, and comments to the district. The review

  2  must include a written evaluation of the program's consistency

  3  with the furtherance of the district's approved regional water

  4  supply plans, and the adequacy of proposed expenditures. As

  5  part of the review, the department shall give interested

  6  parties the opportunity to provide written comments on each

  7  district's proposed work program. Within 60 days after receipt

  8  of the department's evaluation, the governing board shall

  9  state in writing to the department which changes recommended

10  in the evaluation it will incorporate into its work program or

11  specify the reasons for not incorporating the changes. The

12  department shall include the district's responses in a final

13  evaluation report and shall submit a copy of the report to the

14  Governor, the President of the Senate, and the Speaker of the

15  House of Representatives.

16         (b)  If any entity listed in paragraph (a) provides

17  written comments to the district regarding any document

18  furnished under this subsection, the district must respond to

19  the comments in writing and furnish copies of the comments and

20  written responses to the other entities.

21         Section 21.  Paragraph (b) of subsection (4) of section

22  373.079, Florida Statutes, is amended to read:

23         373.079  Members of governing board; oath of office;

24  staff.--

25         (4)

26         (b)1.  The governing board of each water management

27  district shall employ an inspector general, who shall report

28  directly to the board. However, the governing boards of the

29  Suwannee River Water Management District and the Northwest

30  Florida Water Management District may jointly employ an

31  inspector general, or provide for inspector general services


                                  29

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






    CS for CS for SB 2120                          First Engrossed



  1  by interagency agreement with a state agency or water

  2  management district inspector general.

  3         2.  An inspector general must have the qualifications

  4  prescribed and perform the applicable duties of state agency

  5  inspectors general as provided in s. 20.055.

  6         3.  Within 45 days of the adoption of the final budget,

  7  the governing board shall submit a 5-year capital improvement

  8  plan and fiscal report for the district to the Governor, the

  9  President of the Senate, the Speaker of the House of

10  Representatives, and the Secretary of Environmental

11  Protection. The capital improvement plan must include expected

12  sources of revenue for planned improvements and shall be

13  prepared in a manner comparable to the fixed capital outlay

14  format set forth in s. 216.043. The fiscal report shall cover

15  the preceding fiscal year and shall include a summary

16  statement of the financial operations of the district.

17         Section 22.  Section 373.501, Florida Statutes, is

18  amended to read:

19         373.501  Appropriation of funds to water management

20  districts.--

21         (1)  The department may allocate to the water

22  management districts, from funds appropriated to the

23  department, such sums as may be deemed necessary to defray the

24  costs of the administrative,  regulatory, and other activities

25  of the districts. The governing boards shall submit annual

26  budget requests for such purposes to the department, and the

27  department shall consider such budgets in preparing its budget

28  request for the Legislature.

29         (2)  Funds appropriated by the Legislature for the

30  purpose of funding a specific water management district

31  project shall be transferred to the water management district


                                  30

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






    CS for CS for SB 2120                          First Engrossed



  1  when the proposed project has been reviewed by the secretary

  2  of the pertinent state agency and upon receipt of a governing

  3  board resolution requesting such funds.

  4         Section 23.  Subsection (11) of section 373.59, Florida

  5  Statutes, is amended to read:

  6         373.59  Water Management Lands Trust Fund.--

  7         (11)  Notwithstanding any provision of this section to

  8  the contrary, and for the 2000-2001 fiscal year only, the

  9  governing board of a water management district may request,

10  and the Secretary of Environmental Protection shall release

11  upon such request, moneys allocated to the districts pursuant

12  to subsection (8) for the purpose of carrying out the purposes

13  consistent with the provisions of s. 373.0361, s. 373.0831 s.

14  375.0831, s. 373.139, or ss. 373.451-373.4595 and for

15  legislatively authorized land acquisition and water

16  restoration initiatives. No funds may be used pursuant to this

17  subsection until necessary debt service obligations,

18  requirements for payments in lieu of taxes, and land

19  management obligations that may be required by this chapter

20  are provided for. This subsection is repealed on July 1, 2001.

21         Section 24.  Sections 373.507 and 373.589, Florida

22  Statutes, are repealed.

23         Section 25.  This act shall take effect upon becoming a

24  law.

25

26

27

28

29

30

31


                                  31

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