CS/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; authorizing 25-year
38consumptive use permits for renewable energy generating
39facilities and specified lands used in the production of
40renewable energy under certain conditions; providing that
41such permits are subject to compliance reports; amending
42s. 373.243, F.S.; providing for the revocation of certain
43consumptive use permits for renewable energy generating
44facilities and specified lands used in the production of
45renewable energy; amending s. 373.536, F.S.; authorizing
46substantive legislative committee chairs to provide input
47on proposed water management district budgets; amending s.
48373.584, F.S.; providing a limitation on certain bonding
49for water management districts; authorizing the Joint
50Legislative Budget Commission to approve bonding exceeding
51such limitation; exempting certain outstanding bonds from
52such limitation and its calculation; amending s. 373.59,
53F.S.; expanding water management district lands eligible
54to receive payment in lieu of taxes; revising the method
55used to determine eligibility for such payment; amending
56s. 373.5905, F.S.; providing conditions for reinstatement
57of payments in lieu of taxes and their duration; repealing
58s. 373.465, F.S., to eliminate the Lake Panasoffkee
59Restoration Council; repealing s. 373.466, F.S., to
60eliminate the Lake Panasoffkee restoration program;
61providing an effective date.
62
63Be It Enacted by the Legislature of the State of Florida:
64
65     Section 1.  Section 373.069, Florida Statutes, is
66reenacted.
67     Section 2.  Subsections (3), (6), and (7) and paragraph (a)
68of subsection (8) of section 373.0693, Florida Statutes, are
69amended to read:
70     373.0693  Basins; basin boards.--
71     (3)  Each member of the various basin boards shall serve
72for a period of 3 years or until a successor is appointed, but
73not more than 180 days after the end of the term, except that
74the board membership of each new basin shall be divided into
75three groups as equally as possible, with members in such groups
76to be appointed for 1, 2, and 3 years, respectively. Each basin
77board shall choose a vice chair and a secretary to serve for a
78period of 1 year. The term of office of a basin board member
79shall be construed to commence on March 2 preceding the date of
80appointment and to terminate March 1 of the year of the end of a
81term or may continue until a successor is appointed, but not
82more than 180 days after the end of the expired term.
83     (6)(a)  Notwithstanding the provisions of any other general
84or special law to the contrary, a member of the governing board
85of the district residing in the basin or, if no member resides
86in the basin, a member of the governing board designated by the
87chair of the governing board shall be the ex officio chair of
88the basin board. The ex officio chair shall preside at all
89meetings of the basin board, except that the vice chair may
90preside in his or her absence. The ex officio chair shall have
91no official vote, except in case of a tie vote being cast by the
92members, but shall be the liaison officer of the district in all
93affairs in the basin and shall be kept informed of all such
94affairs.
95     (b)  Basin boards within the Southwest Florida Water
96Management District shall meet regularly as determined by a
97majority vote of the basin board members. Subject to notice
98requirements of chapter 120, special meetings, both emergency
99and nonemergency, may be called either by the ex officio chair
100or the elected vice chair of the basin board or upon request of
101two basin board members. The district staff shall include on the
102agenda of any basin board meeting any item for discussion or
103action requested by a member of that basin board. The district
104staff shall notify any basin board, as well as their respective
105counties, of any vacancies occurring in the district governing
106board or their respective basin boards.
107     (7)  At 11:59 p.m. on December 31, 1976, the Manasota
108Watershed Basin of the Ridge and Lower Gulf Coast Water
109Management District, which is annexed to the Southwest Florida
110Water Management District by change of its boundaries pursuant
111to chapter 76-243, Laws of Florida, shall be formed into a
112subdistrict or basin of the Southwest Florida Water Management
113District, subject to the same provisions as the other basins in
114such district. Such subdistrict shall be designated initially as
115the Manasota Basin. The members of the governing board of the
116Manasota Watershed Basin of the Ridge and Lower Gulf Coast Water
117Management District shall become members of the governing board
118of the Manasota Basin of the Southwest Florida Water Management
119District. Notwithstanding other provisions in this section,
120beginning on July 1, 2001, the membership of the Manasota Basin
121Board shall be comprised of two three members from Manatee
122County and two three members from Sarasota County. Matters
123relating to tie votes shall be resolved pursuant to subsection
124(6) by the ex officio chair designated by the governing board to
125vote in case of a tie vote.
126     (8)(a)  At 11:59 p.m. on June 30, 1988, the area
127transferred from the Southwest Florida Water Management District
128to the St. Johns River Water Management District by change of
129boundaries pursuant to chapter 76-243, Laws of Florida, shall
130cease to be a subdistrict or basin of the St. Johns River Water
131Management District known as the Oklawaha River Basin and said
132Oklawaha River Basin shall cease to exist. However, any
133recognition of an Oklawaha River Basin or an Oklawaha River
134Hydrologic Basin for regulatory purposes shall be unaffected.
135The area formerly known as the Oklawaha River Basin shall
136continue to be part of the St. Johns River Water Management
137District. There shall be established by the governing board of
138the St. Johns River Water Management District the Oklawaha River
139Basin Advisory Council to receive public input and advise the
140St. Johns River Water Management District's governing board on
141water management issues affecting the Oklawaha River Basin. The
142Oklawaha River Basin Advisory Council shall be appointed by
143action of the St. Johns River Water Management District's
144governing board and shall include one representative from each
145county which is wholly or partly included in the Oklawaha River
146Basin. The St. Johns River Water Management District's governing
147board member currently serving pursuant to s. 373.073(2)(c)3.
148shall serve as chair of the Oklawaha River Basin Advisory
149Council. Members of the Oklawaha River Basin Advisory Council
150shall receive no compensation for their services but are
151entitled to be reimbursed for per diem and travel expenses as
152provided in s. 112.061.
153     Section 3.  Paragraph (b) of subsection (1) of section
154373.073, Florida Statutes, is amended to read:
155     373.073  Governing board.--
156     (1)
157     (b)  Commencing January 1, 2011 1999, the Governor shall
158appoint the following number of governing board members in each
159year of the Governor's 4-year term of office:
160     1.  In the first year of the Governor's term of office, the
161Governor shall appoint four members to the governing board of
162the Southwest Florida Water Management District and appoint
163three members to the governing board of each other district.
164     2.  In the second year of the Governor's term of office,
165the Governor shall appoint three members to the governing board
166of the Southwest Florida Water Management District and two
167members to the governing board of each other district.
168     3.  In the third year of the Governor's term of office, the
169Governor shall appoint three members to the governing board of
170the Southwest Florida Water Management District and two members
171to the governing board of each other district.
172     4.  In the fourth year of the Governor's term of office,
173the Governor shall appoint three members to the governing board
174of the Southwest Florida Water Management District and two
175members to the governing board of each other district.
176
177For any governing board vacancy that occurs before the date
178scheduled for the office to be filled under this paragraph, the
179Governor shall appoint a person meeting residency requirements
180of subsection (2) for a term that will expire on the date
181scheduled for the term of that office to terminate under this
182subsection. In addition to the residency requirements for the
183governing boards as provided by subsection (2), the Governor
184shall consider appointing governing board members to represent
185an equitable cross-section of regional interests and technical
186expertise.
187     Section 4.  Subsections (4) and (7) of section 373.079,
188Florida Statutes, are amended to read:
189     373.079  Members of governing board; oath of office;
190staff.--
191     (4)(a)  The governing board of the district is authorized
192to employ an executive director, ombudsman, and such engineers,
193other professional persons, and other personnel and assistants
194as it deems necessary and under such terms and conditions as it
195may determine and to terminate such employment. The appointment
196of an executive director by the governing board is subject to
197approval by the Governor and must be initially confirmed by the
198Florida Senate. The governing board may delegate all or part of
199its authority under this paragraph to the executive director.
200However, the governing board shall delegate to the executive
201director all of its authority to take final action on permit
202applications under part II or part IV or petitions for variances
203or waivers of permitting requirements under part II or part IV,
204except for denials of such actions as provided in s. 373.083(5).
205The executive director must be confirmed by the Senate upon
206employment and must be confirmed or reconfirmed by the Senate
207during the second regular session of the Legislature following a
208gubernatorial election.
209     (b)1.  The governing board of each water management
210district shall employ an inspector general, who shall report
211directly to the board. However, the governing boards of the
212Suwannee River Water Management District and the Northwest
213Florida Water Management District may jointly employ an
214inspector general, or provide for inspector general services by
215interagency agreement with a state agency or water management
216district inspector general.
217     2.  An inspector general must have the qualifications
218prescribed and perform the applicable duties of state agency
219inspectors general as provided in s. 20.055.
220     (7)  The governing board shall meet at least once a month
221and upon call of the chair. The governing board, a basin board,
222a committee, or an advisory board may conduct meetings by means
223of communications media technology in accordance with rules
224adopted pursuant to s. 120.54.
225     Section 5.  Subsection (5) of section 373.083, Florida
226Statutes, is amended to read:
227     373.083  General powers and duties of the governing
228board.--In addition to other powers and duties allowed it by
229law, the governing board is authorized to:
230     (5)  Execute any of the powers, duties, and functions
231vested in the governing board through a member or members
232thereof, the executive director, or other district staff as
233designated by the governing board. The governing board may
234establish the scope and terms of any delegation. The However, if
235the governing board shall delegate to the executive director all
236of its delegates the authority to take final action on permit
237applications under part II or part IV, or petitions for
238variances or waivers of permitting requirements under part II or
239part IV. However, the governing board shall provide a process
240for referring any denial of such application or petition to the
241governing board to take final action. Such process shall
242expressly prohibit any member of a governing board from
243intervening in any manner during the review of an application
244prior to such application being referred to the governing board
245for final action. The authority in this subsection is
246supplemental to any other provision of this chapter granting
247authority to the governing board to delegate specific powers,
248duties, or functions.
249     Section 6.  Present subsection (4) of section 373.118,
250Florida Statutes, is amended, and subsection (5) of that section
251is renumbered as subsection (4), to read:
252     373.118  General permits; delegation.--
253     (4)  To provide for greater efficiency, the governing board
254may delegate by rule its powers and duties pertaining to general
255permits to the executive director. The executive director may
256execute such delegated authority through designated staff.
257However, when delegating the authority to take final action on
258permit applications under part II or part IV or petitions for
259variances or waivers of permitting requirements under part II or
260part IV, the governing board shall provide a process for
261referring any denial of such application or petition to the
262governing board to take such final action.
263     Section 7.  Subsection (3) of section 373.323, Florida
264Statutes, is amended to read:
265     373.323  Licensure of water well contractors; application,
266qualifications, and examinations; equipment identification.--
267     (3)  An applicant who meets the following requirements
268shall be entitled to take the water well contractor licensure
269examination to practice water well contracting:
270     (a)  Is at least 18 years of age.
271     (b)  Has at least 2 years of experience in constructing,
272repairing, or abandoning water wells. Satisfactory proof of such
273experience shall be demonstrated by providing:
274     1.  Evidence of the length of time the applicant has been
275engaged in the business of the construction, repair, or
276abandonment of water wells as a major activity, as attested to
277by a letter from three of the following persons:
278     a.  A water well contractor.
279     b.  A water well driller.
280     c.  A water well parts and equipment vendor.
281     d.  A water well inspectors employed by a governmental
282agency.
283     2.  A list of at least 10 water wells that the applicant
284has constructed, repaired, or abandoned within the preceding 5
285years. Of these wells, at least seven must have been
286constructed, as defined in s. 373.303(2), by the applicant. The
287list shall also include:
288     a.  The name and address of the owner or owners of each
289well.
290     b.  The location, primary use, and approximate depth and
291diameter of each well that the applicant has constructed,
292repaired, or abandoned.
293     c.  The approximate date the construction, repair, or
294abandonment of each well was completed.
295     (c)  Has completed the application form and remitted a
296nonrefundable application fee.
297     Section 8.  Subsections (6) and (7) are added to section
298373.236, Florida Statutes, to read:
299     373.236  Duration of permits; compliance reports.--
300     (6)(a)  The Legislature finds that the need for alternative
301water supply development projects to meet anticipated public
302water supply demands of the state is so important that it is
303essential to encourage participation in and contribution to
304these projects by private-rural-land owners who
305characteristically have relatively modest near-term water
306demands but substantially increasing demands after the 20-year
307planning period in s. 373.0361. Therefore, where such landowners
308make extraordinary contributions of lands or construction
309funding to enable the expeditious implementation of such
310projects, water management districts and the department may
311grant permits for such projects for a period of up to 50 years
312to municipalities, counties, special districts, regional water
313supply authorities, multijurisdictional water supply entities,
314and publicly or privately owned utilities, with the exception of
315any publicly or privately owned utilities created for or by a
316private landowner after April 1, 2008, which have entered into
317an agreement with the private landowner for the purpose of more
318efficiently pursuing alternative public water supply development
319projects identified in a district's regional water supply plan
320and meeting water demands of both the applicant and the
321landowner.
322     (b)  A permit under paragraph (a) may be granted only for
323that period for which there is sufficient data to provide
324reasonable assurance that the conditions for permit issuance
325will be met. Such a permit shall require a compliance report by
326the permittee every 5 years during the term of the permit. The
327report shall contain sufficient data to maintain reasonable
328assurance that the conditions for permit issuance applicable at
329the time of district review of the compliance report are met.
330After review of this report, the governing board or the
331department may modify the permit to ensure that the use meets
332the conditions for issuance. This subsection does not limit the
333existing authority of the department or the governing board to
334modify or revoke a consumptive use permit.
335     (7)  A permit approved for a renewable energy generating
336facility or the cultivation of agricultural products on lands
337consisting of 1,000 acres or more for use in the production
338renewable energy, as defined in s. 366.91(2)(d), shall be
339granted for a term of at least 25 years at the applicant's
340request based on the anticipated life of the facility if there
341is sufficient data to provide reasonable assurance that the
342conditions for permit issuance will be met for the duration of
343the permit; otherwise, a permit may be issued for a shorter
344duration that reflects the longest period for which such
345reasonable assurances are provided. Such a permit is subject to
346compliance reports under subsection (4).
347     Section 9.  Subsection (4) of section 373.243, Florida
348Statutes, is amended to read:
349     373.243  Revocation of permits.--The governing board or the
350department may revoke a permit as follows:
351     (4)  For nonuse of the water supply allowed by the permit
352for a period of 2 years or more, the governing board or the
353department may revoke the permit permanently and in whole unless
354the user can prove that his or her nonuse was due to extreme
355hardship caused by factors beyond the user's control. For a
356permit issued pursuant to s. 373.236(7), the governing board or
357the department may revoke the permit only if the nonuse of the
358water supply allowed by the permit is for a period of 4 years or
359more.
360     Section 10.  Paragraph (e) of subsection (5) of section
361373.536, Florida Statutes, is amended to read:
362     373.536  District budget and hearing thereon.--
363     (5)  TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND
364APPROVAL.--
365     (e)  By September 5 of the year in which the budget is
366submitted, the House and Senate appropriations and appropriate
367substantive committee chairs may transmit to each district
368comments and objections to the proposed budgets. Each district
369governing board shall include a response to such comments and
370objections in the record of the governing board meeting where
371final adoption of the budget takes place, and the record of this
372meeting shall be transmitted to the Executive Office of the
373Governor, the department, and the chairs of the House and Senate
374appropriations committees.
375     Section 11.  Subsection (5) is added to section 373.584,
376Florida Statutes, to read:
377     373.584  Revenue bonds.--
378     (5)(a)  The total annual debt service for bonds issued
379pursuant to this section and s. 373.563 may not exceed 20
380percent of the annual ad valorem tax revenues of the water
381management district, unless approved by the Joint Legislative
382Budget Commission.
383     (b)  The Joint Legislative Budget Commission is authorized
384to review the financial soundness of a water management district
385and determine whether bonds may be issued by a water management
386district in excess of the limitation provided in paragraph (a).
387     (c)  A water management district may not take any action
388regarding the issuance of bonds in excess of the limitation of
389paragraph (a) without prior approval of the Joint Legislative
390Budget Commission pursuant to joint rules of the House of
391Representative and the Senate.
392     (d)  Bonds issued and outstanding before January 1, 2009,
393are exempt from this subsection and shall not be included in the
394calculation of the limitation of paragraph (a).
395     (e)  This subsection does not affect the validity or
396enforceability of outstanding revenue bonds.
397     Section 12.  Subsection (10) of section 373.59, Florida
398Statutes, is amended to read:
399     373.59  Water Management Lands Trust Fund.--
400     (10)(a)  Beginning July 1, 1999, not more than one-fourth
401of the funds provided for in subsections (1) and (8) in any year
402shall be reserved annually by a governing board, during the
403development of its annual operating budget, for payments in lieu
404of taxes for all actual ad valorem tax losses incurred as a
405result of all governing board acquisitions for water management
406district purposes districts pursuant to ss. 259.101, 259.105,
407373.470, and this section during any year. Reserved funds not
408used for payments in lieu of taxes in any year shall revert to
409the Water Management Lands Trust Fund to be used in accordance
410with the provisions of this section.
411     (b)  Payment in lieu of taxes shall be available:
412     1.  To all counties that have a population of 150,000 or
413fewer. Population levels shall be determined pursuant to s.
414186.901 11.031. The population estimates published April 1 and
415used in the revenue-sharing formula pursuant to s. 186.901 shall
416be used to determine eligibility under this subsection and shall
417apply to payments made for the subsequent fiscal year.
418     2.  To all local governments located in eligible counties
419and whose lands are bought and taken off the tax rolls.
420
421For properties acquired after January 1, 2000, in the event that
422such properties otherwise eligible for payment in lieu of taxes
423under this subsection are leased or reserved and remain subject
424to ad valorem taxes, payments in lieu of taxes shall commence or
425recommence upon the expiration or termination of the lease or
426reservation, but in no event shall there be more than a total of
42710 annual payments in lieu of taxes for each tax loss. If the
428lease is terminated for only a portion of the lands at any time,
429the 10 annual payments shall be made for that portion only
430commencing the year after such termination, without limiting the
431requirement that 10 annual payments shall be made on the
432remaining portion or portions of the land as the lease on each
433expires. For the purposes of this subsection, "local government"
434includes municipalities and, the county school board, mosquito
435control districts, and any other local government entity which
436levies ad valorem taxes.
437     (c)  If sufficient funds are unavailable in any year to
438make full payments to all qualifying counties and local
439governments, such counties and local governments shall receive a
440pro rata share of the moneys available.
441     (d)  The payment amount shall be based on the average
442amount of actual ad valorem taxes paid on the property for the 3
443years preceding acquisition. Applications for payment in lieu of
444taxes shall be made no later than May January 31 of the year for
445which payment is sought following acquisition. No payment in
446lieu of taxes shall be made for properties which were exempt
447from ad valorem taxation for the year immediately preceding
448acquisition.
449     (e)  If property that was subject to ad valorem taxation
450was acquired by a tax-exempt entity for ultimate conveyance to
451the state under this chapter, payment in lieu of taxes shall be
452made for such property based upon the average amount of ad
453valorem taxes paid on the property for the 3 years prior to its
454being removed from the tax rolls. The water management districts
455shall certify to the Department of Revenue those properties that
456may be eligible under this provision. Once eligibility has been
457established, that governmental entity shall receive annual
458payments for each tax loss until the qualifying governmental
459entity exceeds the population threshold pursuant to paragraph
460(b) s. 259.032(12)(b).
461     (f)  Payment in lieu of taxes pursuant to this subsection
462shall be made annually to qualifying counties and local
463governments after certification by the Department of Revenue
464that the amounts applied for are reasonably appropriate, based
465on the amount of actual ad valorem taxes paid on the eligible
466property, and after the water management districts have provided
467supporting documents to the Chief Financial Officer and have
468requested that payment be made in accordance with the
469requirements of this section. With the assistance of the local
470government requesting payment in lieu of taxes, the water
471management district that acquired the land is responsible for
472preparing and submitting application requests for payment to the
473Department of Revenue for certification.
474     (g)  If a water management district conveys to a county or
475local government title to any land owned by the district, any
476payments in lieu of taxes on the land made to the county or
477local government shall be discontinued as of the date of the
478conveyance.
479     Section 13.  Section 373.5905, Florida Statutes, is amended
480to read:
481     373.5905  Reinstatement Reinstitution of payments in lieu
482of taxes; duration.--If a water management district has made a
483payment in lieu of taxes to a governmental entity and
484subsequently suspended such payment, beginning July 1, 2009, the
485water management district shall reinstate reinstitute
486appropriate payments and continue the payments for as long as
487the county population remains below the population threshold
488pursuant to s. 373.59(10)(b). This section does not authorize or
489provide for payments in arrears in consecutive years until the
490governmental entity has received a total of 10 payments for each
491tax loss.
492     Section 14.  Sections 373.465 and 373.466, Florida
493Statutes, are repealed.
494     Section 15.  This act shall take effect July 1, 2009.


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