| 1 | The Water & Natural Resources Committee recommends the |
| 2 | following: |
| 3 |
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| 4 | Council/Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to water management districts; creating s. |
| 8 | 373.1135, F.S.; authorizing water management districts to |
| 9 | implement a small business program; requiring rulemaking; |
| 10 | amending s. 373.073, F.S.; allowing a governing board |
| 11 | member to serve until a successor is appointed; amending |
| 12 | s. 373.414, F.S.; revising the date for submission of a |
| 13 | petition for a wetlands jurisdictional declaratory |
| 14 | statement; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Section 373.1135, Florida Statutes, is created |
| 19 | to read: |
| 20 | 373.1135 Small business program.--Each water management |
| 21 | district, as created in this chapter, may implement a small |
| 22 | business program designed to help small businesses, including |
| 23 | those owned by women and minorities, participate in district |
| 24 | procurement and contract activities. The purpose of the program |
| 25 | is to spur economic development and support small businesses, |
| 26 | including those owned by women and minorities, to successfully |
| 27 | expand in the marketplace. Program specifics shall be provided |
| 28 | by rule pursuant to s. 373.113. |
| 29 | Section 2. Paragraph (a) of subsection (1) of section |
| 30 | 373.073, Florida Statutes, is amended to read: |
| 31 | 373.073 Governing board.-- |
| 32 | (1)(a) The governing board of each water management |
| 33 | district shall be composed of 9 members who shall reside within |
| 34 | the district, except that the Southwest Florida Water Management |
| 35 | District shall be composed of 11 members who shall reside within |
| 36 | the district. Members of the governing boards shall be appointed |
| 37 | by the Governor, subject to confirmation by the Senate at the |
| 38 | next regular session of the Legislature, and the refusal or |
| 39 | failure of the Senate to confirm an appointment creates a |
| 40 | vacancy in the office to which the appointment was made. The |
| 41 | term of office for a governing board member is 4 years and |
| 42 | commences on March 2 of the year in which the appointment is |
| 43 | made and terminates on March 1 of the fourth calendar year of |
| 44 | the term or until a successor is appointed. Terms of office of |
| 45 | governing board members shall be staggered to help maintain |
| 46 | consistency and continuity in the exercise of governing board |
| 47 | duties and to minimize disruption in district operations. |
| 48 | Section 3. Subsection (13) of section 373.414, Florida |
| 49 | Statutes, is amended to read: |
| 50 | 373.414 Additional criteria for activities in surface |
| 51 | waters and wetlands.-- |
| 52 | (13) Any declaratory statement issued by the department |
| 53 | under s. 403.914, 1984 Supplement to the Florida Statutes 1983, |
| 54 | as amended, or pursuant to rules adopted thereunder, or by a |
| 55 | water management district under s. 373.421, in response to a |
| 56 | petition filed on or before June 1, 1994, shall continue to be |
| 57 | valid for the duration of such declaratory statement. Any such |
| 58 | petition pending on June 1, 1994, shall be exempt from the |
| 59 | methodology ratified in s. 373.4211, but the rules of the |
| 60 | department or the relevant water management district, as |
| 61 | applicable, in effect prior to the effective date of s. |
| 62 | 373.4211, shall apply. Until May 1, 1998, activities within the |
| 63 | boundaries of an area subject to a petition pending on June 1, |
| 64 | 1994, and prior to final agency action on such petition, shall |
| 65 | be reviewed under the rules adopted pursuant to ss. 403.91- |
| 66 | 403.929, 1984 Supplement to the Florida Statutes 1983, as |
| 67 | amended, and this part, in existence prior to the effective date |
| 68 | of the rules adopted under subsection (9), unless the applicant |
| 69 | elects to have such activities reviewed under the rules adopted |
| 70 | under this part, as amended in accordance with subsection (9). |
| 71 | In the event that a jurisdictional declaratory statement |
| 72 | pursuant to the vegetative index in effect prior to the |
| 73 | effective date of chapter 84-79, Laws of Florida, has been |
| 74 | obtained and is valid prior to the effective date of the rules |
| 75 | adopted under subsection (9) or July 1, 1994, whichever is |
| 76 | later, and the affected lands are part of a project for which a |
| 77 | master development order has been issued pursuant to s. |
| 78 | 380.06(21), the declaratory statement shall remain valid for the |
| 79 | duration of the buildout period of the project. Any |
| 80 | jurisdictional determination validated by the department |
| 81 | pursuant to rule 17-301.400(8), Florida Administrative Code, as |
| 82 | it existed in rule 17-4.022, Florida Administrative Code, on |
| 83 | April 1, 1985, shall remain in effect for a period of 5 years |
| 84 | following the effective date of this act if proof of such |
| 85 | validation is submitted to the department prior to January 1, |
| 86 | 1995. In the event that a jurisdictional determination has been |
| 87 | revalidated by the department pursuant to this subsection and |
| 88 | the affected lands are part of a project for which a development |
| 89 | order has been issued pursuant to s. 380.06(15), a final |
| 90 | development order to which s. 163.3167(8) applies has been |
| 91 | issued, or a vested rights determination has been issued |
| 92 | pursuant to s. 380.06(20), the jurisdictional determination |
| 93 | shall remain valid until the completion of the project, provided |
| 94 | proof of such validation and documentation establishing that the |
| 95 | project meets the requirements of this sentence are submitted to |
| 96 | the department prior to January 1, 1995. Activities proposed |
| 97 | within the boundaries of a valid declaratory statement issued |
| 98 | pursuant to a petition submitted to either the department or the |
| 99 | relevant water management district on or before prior to June 1, |
| 100 | 1994, or a revalidated jurisdictional determination, prior to |
| 101 | its expiration shall continue thereafter to be exempt from the |
| 102 | methodology ratified in s. 373.4211 and to be reviewed under the |
| 103 | rules adopted pursuant to ss. 403.91-403.929, 1984 Supplement to |
| 104 | the Florida Statutes 1983, as amended, and this part, in |
| 105 | existence prior to the effective date of the rules adopted under |
| 106 | subsection (9), unless the applicant elects to have such |
| 107 | activities reviewed under the rules adopted under this part, as |
| 108 | amended in accordance with subsection (9). |
| 109 | Section 4. This act shall take effect upon becoming a law. |