HB 7137

1
A bill to be entitled
2An act relating to water management districts; reenacting
3s. 373.069, F.S., relating to the creation of the water
4management districts, pursuant to the provisions of the
5Florida Government Accountability Act; amending s.
6373.0693, F.S.; limiting the period of time a basin board
7member may serve after the end of a term; reducing the
8number of members on the Manasota Basin Board; eliminating
9the Oklawaha River Basin Advisory Council; removing ex
10officio designation of basin board chairs; removing a
11restriction on the voting authority of the chair; amending
12s. 373.073, F.S.; revising the membership of water
13management district governing boards; providing for
14appointment of members commencing on a specified date;
15amending s. 373.079, F.S.; requiring a water management
16district's governing board to delegate to the executive
17director its authority to approve certain permits or grant
18variances or waivers of permitting requirements;
19authorizing water management district governing boards,
20basin boards, committees, and advisory boards to conduct
21meetings by means of communications media technology;
22amending s. 373.083, F.S.; requiring water management
23district governing boards to delegate to the water
24management district's executive director authority to
25approve certain permits or grant variances or waivers of
26permitting requirements; amending s. 373.118, F.S.;
27removing provisions authorizing water management district
28governing boards to delegate authority to issue general
29permits to the executive director; amending s. 373.323,
30F.S.; revising application requirements for water well
31contractor licensure; requiring applicants to provide
32specified documentation; amending s. 373.236, F.S.;
33authorizing water management districts to issue 50-year
34consumptive use permits to specified entities for certain
35alternative water supply development projects; providing
36for compliance reporting and review, modification, and
37revocation relating to such permits; amending s. 373.536,
38F.S.; authorizing substantive legislative committee chairs
39to provide input on proposed water management district
40budgets; amending s. 373.584, F.S.; providing a limitation
41on certain bonding for water management districts;
42authorizing the Joint Legislative Budget Commission to
43approve bonding exceeding such limitation; exempting
44certain outstanding bonds from such limitation and its
45calculation; amending s. 373.59, F.S.; expanding water
46management district lands eligible to receive payment in
47lieu of taxes; revising the method used to determine
48eligibility for such payment; amending s. 373.5905, F.S.;
49providing conditions for reinstatement of payments in lieu
50of taxes and their duration; repealing s. 373.465, F.S.,
51to eliminate the Lake Panasoffkee Restoration Council;
52repealing s. 373.466, F.S., to eliminate the Lake
53Panasoffkee restoration program; providing an effective
54date.
55
56Be It Enacted by the Legislature of the State of Florida:
57
58     Section 1.  Section 373.069, Florida Statutes, is
59reenacted.
60     Section 2.  Subsections (3), (6), and (7) and paragraph (a)
61of subsection (8) of section 373.0693, Florida Statutes, are
62amended to read:
63     373.0693  Basins; basin boards.--
64     (3)  Each member of the various basin boards shall serve
65for a period of 3 years or until a successor is appointed, but
66not more than 180 days after the end of the term, except that
67the board membership of each new basin shall be divided into
68three groups as equally as possible, with members in such groups
69to be appointed for 1, 2, and 3 years, respectively. Each basin
70board shall choose a vice chair and a secretary to serve for a
71period of 1 year. The term of office of a basin board member
72shall be construed to commence on March 2 preceding the date of
73appointment and to terminate March 1 of the year of the end of a
74term or may continue until a successor is appointed, but not
75more than 180 days after the end of the expired term.
76     (6)(a)  Notwithstanding the provisions of any other general
77or special law to the contrary, a member of the governing board
78of the district residing in the basin or, if no member resides
79in the basin, a member of the governing board designated by the
80chair of the governing board shall be the ex officio chair of
81the basin board. The ex officio chair shall preside at all
82meetings of the basin board, except that the vice chair may
83preside in his or her absence. The ex officio chair shall have
84no official vote, except in case of a tie vote being cast by the
85members, but shall be the liaison officer of the district in all
86affairs in the basin and shall be kept informed of all such
87affairs.
88     (b)  Basin boards within the Southwest Florida Water
89Management District shall meet regularly as determined by a
90majority vote of the basin board members. Subject to notice
91requirements of chapter 120, special meetings, both emergency
92and nonemergency, may be called either by the ex officio chair
93or the elected vice chair of the basin board or upon request of
94two basin board members. The district staff shall include on the
95agenda of any basin board meeting any item for discussion or
96action requested by a member of that basin board. The district
97staff shall notify any basin board, as well as their respective
98counties, of any vacancies occurring in the district governing
99board or their respective basin boards.
100     (7)  At 11:59 p.m. on December 31, 1976, the Manasota
101Watershed Basin of the Ridge and Lower Gulf Coast Water
102Management District, which is annexed to the Southwest Florida
103Water Management District by change of its boundaries pursuant
104to chapter 76-243, Laws of Florida, shall be formed into a
105subdistrict or basin of the Southwest Florida Water Management
106District, subject to the same provisions as the other basins in
107such district. Such subdistrict shall be designated initially as
108the Manasota Basin. The members of the governing board of the
109Manasota Watershed Basin of the Ridge and Lower Gulf Coast Water
110Management District shall become members of the governing board
111of the Manasota Basin of the Southwest Florida Water Management
112District. Notwithstanding other provisions in this section,
113beginning on July 1, 2001, the membership of the Manasota Basin
114Board shall be comprised of two three members from Manatee
115County and two three members from Sarasota County. Matters
116relating to tie votes shall be resolved pursuant to subsection
117(6) by the ex officio chair designated by the governing board to
118vote in case of a tie vote.
119     (8)(a)  At 11:59 p.m. on June 30, 1988, the area
120transferred from the Southwest Florida Water Management District
121to the St. Johns River Water Management District by change of
122boundaries pursuant to chapter 76-243, Laws of Florida, shall
123cease to be a subdistrict or basin of the St. Johns River Water
124Management District known as the Oklawaha River Basin and said
125Oklawaha River Basin shall cease to exist. However, any
126recognition of an Oklawaha River Basin or an Oklawaha River
127Hydrologic Basin for regulatory purposes shall be unaffected.
128The area formerly known as the Oklawaha River Basin shall
129continue to be part of the St. Johns River Water Management
130District. There shall be established by the governing board of
131the St. Johns River Water Management District the Oklawaha River
132Basin Advisory Council to receive public input and advise the
133St. Johns River Water Management District's governing board on
134water management issues affecting the Oklawaha River Basin. The
135Oklawaha River Basin Advisory Council shall be appointed by
136action of the St. Johns River Water Management District's
137governing board and shall include one representative from each
138county which is wholly or partly included in the Oklawaha River
139Basin. The St. Johns River Water Management District's governing
140board member currently serving pursuant to s. 373.073(2)(c)3.
141shall serve as chair of the Oklawaha River Basin Advisory
142Council. Members of the Oklawaha River Basin Advisory Council
143shall receive no compensation for their services but are
144entitled to be reimbursed for per diem and travel expenses as
145provided in s. 112.061.
146     Section 3.  Paragraph (b) of subsection (1) of section
147373.073, Florida Statutes, is amended to read:
148     373.073  Governing board.--
149     (1)
150     (b)  Commencing January 1, 2011 1999, the Governor shall
151appoint the following number of governing board members in each
152year of the Governor's 4-year term of office:
153     1.  In the first year of the Governor's term of office, the
154Governor shall appoint four members to the governing board of
155the Southwest Florida Water Management District and appoint
156three members to the governing board of each other district.
157     2.  In the second year of the Governor's term of office,
158the Governor shall appoint three members to the governing board
159of the Southwest Florida Water Management District and two
160members to the governing board of each other district.
161     3.  In the third year of the Governor's term of office, the
162Governor shall appoint three members to the governing board of
163the Southwest Florida Water Management District and two members
164to the governing board of each other district.
165     4.  In the fourth year of the Governor's term of office,
166the Governor shall appoint three members to the governing board
167of the Southwest Florida Water Management District and two
168members to the governing board of each other district.
169
170For any governing board vacancy that occurs before the date
171scheduled for the office to be filled under this paragraph, the
172Governor shall appoint a person meeting residency requirements
173of subsection (2) for a term that will expire on the date
174scheduled for the term of that office to terminate under this
175subsection. In addition to the residency requirements for the
176governing boards as provided by subsection (2), the Governor
177shall consider appointing governing board members to represent
178an equitable cross-section of regional interests and technical
179expertise.
180     Section 4.  Subsections (4) and (7) of section 373.079,
181Florida Statutes, are amended to read:
182     373.079  Members of governing board; oath of office;
183staff.--
184     (4)(a)  The governing board of the district is authorized
185to employ an executive director, ombudsman, and such engineers,
186other professional persons, and other personnel and assistants
187as it deems necessary and under such terms and conditions as it
188may determine and to terminate such employment. The appointment
189of an executive director by the governing board is subject to
190approval by the Governor and must be initially confirmed by the
191Florida Senate. The governing board may delegate all or part of
192its authority under this paragraph to the executive director.
193However, the governing board shall delegate to the executive
194director all of its authority to take final action on permit
195applications under part II or part IV or petitions for variances
196or waivers of permitting requirements under part II or part IV,
197except for denials of such actions as provided in s. 373.083(5).
198The executive director must be confirmed by the Senate upon
199employment and must be confirmed or reconfirmed by the Senate
200during the second regular session of the Legislature following a
201gubernatorial election.
202     (b)1.  The governing board of each water management
203district shall employ an inspector general, who shall report
204directly to the board. However, the governing boards of the
205Suwannee River Water Management District and the Northwest
206Florida Water Management District may jointly employ an
207inspector general, or provide for inspector general services by
208interagency agreement with a state agency or water management
209district inspector general.
210     2.  An inspector general must have the qualifications
211prescribed and perform the applicable duties of state agency
212inspectors general as provided in s. 20.055.
213     (7)  The governing board shall meet at least once a month
214and upon call of the chair. The governing board, a basin board,
215a committee, or an advisory board may conduct meetings by means
216of communications media technology in accordance with rules
217adopted pursuant to s. 120.54.
218     Section 5.  Subsection (5) of section 373.083, Florida
219Statutes, is amended to read:
220     373.083  General powers and duties of the governing
221board.--In addition to other powers and duties allowed it by
222law, the governing board is authorized to:
223     (5)  Execute any of the powers, duties, and functions
224vested in the governing board through a member or members
225thereof, the executive director, or other district staff as
226designated by the governing board. The governing board may
227establish the scope and terms of any delegation. The However, if
228the governing board shall delegate to the executive director all
229of its delegates the authority to take final action on permit
230applications under part II or part IV, or petitions for
231variances or waivers of permitting requirements under part II or
232part IV. However, the governing board shall provide a process
233for referring any denial of such application or petition to the
234governing board to take final action. Such process shall
235expressly prohibit any member of a governing board from
236intervening in any manner during the review of an application
237prior to such application being referred to the governing board
238for final action. The authority in this subsection is
239supplemental to any other provision of this chapter granting
240authority to the governing board to delegate specific powers,
241duties, or functions.
242     Section 6.  Present subsection (4) of section 373.118,
243Florida Statutes, is amended, and subsection (5) of that section
244is renumbered as subsection (4), to read:
245     373.118  General permits; delegation.--
246     (4)  To provide for greater efficiency, the governing board
247may delegate by rule its powers and duties pertaining to general
248permits to the executive director. The executive director may
249execute such delegated authority through designated staff.
250However, when delegating the authority to take final action on
251permit applications under part II or part IV or petitions for
252variances or waivers of permitting requirements under part II or
253part IV, the governing board shall provide a process for
254referring any denial of such application or petition to the
255governing board to take such final action.
256     Section 7.  Subsection (3) of section 373.323, Florida
257Statutes, is amended to read:
258     373.323  Licensure of water well contractors; application,
259qualifications, and examinations; equipment identification.--
260     (3)  An applicant who meets the following requirements
261shall be entitled to take the water well contractor licensure
262examination to practice water well contracting:
263     (a)  Is at least 18 years of age.
264     (b)  Has at least 2 years of experience in constructing,
265repairing, or abandoning water wells. Satisfactory proof of such
266experience shall be demonstrated by providing:
267     1.  Evidence of the length of time the applicant has been
268engaged in the business of the construction, repair, or
269abandonment of water wells as a major activity, as attested to
270by a letter from three of the following persons:
271     a.  A water well contractor.
272     b.  A water well driller.
273     c.  A water well parts and equipment vendor.
274     d.  A water well inspectors employed by a governmental
275agency.
276     2.  A list of at least 10 water wells that the applicant
277has constructed, repaired, or abandoned within the preceding 5
278years. Of these wells, at least seven must have been
279constructed, as defined in s. 373.303(2), by the applicant. The
280list shall also include:
281     a.  The name and address of the owner or owners of each
282well.
283     b.  The location, primary use, and approximate depth and
284diameter of each well that the applicant has constructed,
285repaired, or abandoned.
286     c.  The approximate date the construction, repair, or
287abandonment of each well was completed.
288     (c)  Has completed the application form and remitted a
289nonrefundable application fee.
290     Section 8.  Subsection (6) is added to section 373.236,
291Florida Statutes, to read:
292     373.236  Duration of permits; compliance reports.--
293     (6)(a)  The Legislature finds that the need for alternative
294water supply development projects to meet anticipated public
295water supply demands of the state is so important that it is
296essential to encourage participation in and contribution to
297these projects by private-rural-land owners who
298characteristically have relatively modest near-term water
299demands but substantially increasing demands after the 20-year
300planning period in s. 373.0361. Therefore, where such landowners
301make extraordinary contributions of lands or construction
302funding to enable the expeditious implementation of such
303projects, water management districts and the department may
304grant permits for such projects for a period of up to 50 years
305to municipalities, counties, special districts, regional water
306supply authorities, multijurisdictional water supply entities,
307and publicly or privately owned utilities, with the exception of
308any publicly or privately owned utilities created for or by a
309private landowner after April 1, 2008, which have entered into
310an agreement with the private landowner for the purpose of more
311efficiently pursuing alternative public water supply development
312projects identified in a district's regional water supply plan
313and meeting water demands of both the applicant and the
314landowner.
315     (b)  A permit under paragraph (a) may be granted only for
316that period for which there is sufficient data to provide
317reasonable assurance that the conditions for permit issuance
318will be met. Such a permit shall require a compliance report by
319the permittee every 5 years during the term of the permit. The
320report shall contain sufficient data to maintain reasonable
321assurance that the conditions for permit issuance applicable at
322the time of district review of the compliance report are met.
323After review of this report, the governing board or the
324department may modify the permit to ensure that the use meets
325the conditions for issuance. This subsection does not limit the
326existing authority of the department or the governing board to
327modify or revoke a consumptive use permit.
328     Section 9.  Paragraph (e) of subsection (5) of section
329373.536, Florida Statutes, is amended to read:
330     373.536  District budget and hearing thereon.--
331     (5)  TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND
332APPROVAL.--
333     (e)  By September 5 of the year in which the budget is
334submitted, the House and Senate appropriations and appropriate
335substantive committee chairs may transmit to each district
336comments and objections to the proposed budgets. Each district
337governing board shall include a response to such comments and
338objections in the record of the governing board meeting where
339final adoption of the budget takes place, and the record of this
340meeting shall be transmitted to the Executive Office of the
341Governor, the department, and the chairs of the House and Senate
342appropriations committees.
343     Section 10.  Subsection (5) is added to section 373.584,
344Florida Statutes, to read:
345     373.584  Revenue bonds.--
346     (5)(a)  The total annual debt service for bonds issued
347pursuant to this section and s. 373.563 may not exceed 20
348percent of the annual ad valorem tax revenues of the water
349management district, unless approved by the Joint Legislative
350Budget Commission.
351     (b)  The Joint Legislative Budget Commission is authorized
352to review the financial soundness of a water management district
353and determine whether bonds may be issued by a water management
354district in excess of the limitation provided in paragraph (a).
355     (c)  A water management district may not take any action
356regarding the issuance of bonds in excess of the limitation of
357paragraph (a) without prior approval of the Joint Legislative
358Budget Commission pursuant to joint rules of the House of
359Representative and the Senate.
360     (d)  Bonds issued and outstanding before January 1, 2009,
361are exempt from this subsection and shall not be included in the
362calculation of the limitation of paragraph (a).
363     (e)  This subsection does not affect the validity or
364enforceability of outstanding revenue bonds.
365     Section 11.  Subsection (10) of section 373.59, Florida
366Statutes, is amended to read:
367     373.59  Water Management Lands Trust Fund.--
368     (10)(a)  Beginning July 1, 1999, not more than one-fourth
369of the funds provided for in subsections (1) and (8) in any year
370shall be reserved annually by a governing board, during the
371development of its annual operating budget, for payments in lieu
372of taxes for all actual ad valorem tax losses incurred as a
373result of all governing board acquisitions for water management
374district purposes districts pursuant to ss. 259.101, 259.105,
375373.470, and this section during any year. Reserved funds not
376used for payments in lieu of taxes in any year shall revert to
377the Water Management Lands Trust Fund to be used in accordance
378with the provisions of this section.
379     (b)  Payment in lieu of taxes shall be available:
380     1.  To all counties that have a population of 150,000 or
381fewer. Population levels shall be determined pursuant to s.
382186.901 11.031. The population estimates published April 1 and
383used in the revenue-sharing formula pursuant to s. 186.901 shall
384be used to determine eligibility under this subsection and shall
385apply to payments made for the subsequent fiscal year.
386     2.  To all municipalities local governments located in
387eligible counties and whose lands are bought and taken off the
388tax rolls.
389
390For properties acquired after January 1, 2000, in the event that
391such properties otherwise eligible for payment in lieu of taxes
392under this subsection are leased or reserved and remain subject
393to ad valorem taxes, payments in lieu of taxes shall commence or
394recommence upon the expiration or termination of the lease or
395reservation, but in no event shall there be more than a total of
39610 annual payments in lieu of taxes for each tax loss. If the
397lease is terminated for only a portion of the lands at any time,
398the 10 annual payments shall be made for that portion only
399commencing the year after such termination, without limiting the
400requirement that 10 annual payments shall be made on the
401remaining portion or portions of the land as the lease on each
402expires. For the purposes of this subsection, "local government"
403includes municipalities, the county school board, mosquito
404control districts, and any other local government entity which
405levies ad valorem taxes.
406     (c)  If sufficient funds are unavailable in any year to
407make full payments to all qualifying counties and municipalities
408local governments, such counties and municipalities local
409governments shall receive a pro rata share of the moneys
410available.
411     (d)  The payment amount shall be based on the average
412amount of actual taxes paid on the property for the 3 years
413preceding acquisition. Applications for payment in lieu of taxes
414shall be made no later than January 31 of the year following
415acquisition. No payment in lieu of taxes shall be made for
416properties which were exempt from ad valorem taxation for the
417year immediately preceding acquisition.
418     (e)  If property that was subject to ad valorem taxation
419was acquired by a tax-exempt entity for ultimate conveyance to
420the state under this chapter, payment in lieu of taxes shall be
421made for such property based upon the average amount of taxes
422paid on the property for the 3 years prior to its being removed
423from the tax rolls. The water management districts shall certify
424to the Department of Revenue those properties that may be
425eligible under this provision. Once eligibility has been
426established, that governmental entity shall receive annual
427payments for each tax loss until the qualifying governmental
428entity exceeds the population threshold pursuant to s.
429259.032(12)(b).
430     (f)  Payment in lieu of taxes pursuant to this subsection
431shall be made annually to qualifying counties and municipalities
432local governments after certification by the Department of
433Revenue that the amounts applied for are reasonably appropriate,
434based on the amount of actual taxes paid on the eligible
435property, and after the water management districts have provided
436supporting documents to the Chief Financial Officer and have
437requested that payment be made in accordance with the
438requirements of this section. With the assistance of the county
439or municipality local government requesting payment in lieu of
440taxes, the water management district that acquired the land is
441responsible for preparing and submitting application requests
442for payment to the Department of Revenue for certification.
443     (g)  If a water management district conveys to a county or
444municipality local government title to any land owned by the
445district, any payments in lieu of taxes on the land made to the
446county or municipality local government shall be discontinued as
447of the date of the conveyance.
448     Section 12.  Section 373.5905, Florida Statutes, is amended
449to read:
450     373.5905  Reinstatement Reinstitution of payments in lieu
451of taxes; duration.--If a water management district has made a
452payment in lieu of taxes to a governmental entity and
453subsequently suspended such payment, beginning July 1, 2009, the
454water management district shall reinstate reinstitute
455appropriate payments and continue the payments for as long as
456the county population remains below the population threshold
457pursuant to s. 373.59(10)(b). This section does not authorize or
458provide for payments in arrears in consecutive years until the
459governmental entity has received a total of 10 payments for each
460tax loss.
461     Section 13.  Sections 373.465 and 373.466, Florida
462Statutes, are repealed.
463     Section 14.  This act shall take effect July 1, 2009.


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