| 1 | A bill to be entitled |
| 2 | An act relating to water management districts; reenacting |
| 3 | s. 373.069, F.S., relating to the creation of the water |
| 4 | management districts, pursuant to the provisions of the |
| 5 | Florida Government Accountability Act; amending s. |
| 6 | 373.0693, F.S.; limiting the period of time a basin board |
| 7 | member may serve after the end of a term; reducing the |
| 8 | number of members on the Manasota Basin Board; eliminating |
| 9 | the Oklawaha River Basin Advisory Council; removing ex |
| 10 | officio designation of basin board chairs; removing a |
| 11 | restriction on the voting authority of the chair; amending |
| 12 | s. 373.073, F.S.; revising the membership of water |
| 13 | management district governing boards; providing for |
| 14 | appointment of members commencing on a specified date; |
| 15 | amending s. 373.079, F.S.; requiring a water management |
| 16 | district's governing board to delegate to the executive |
| 17 | director its authority to approve certain permits or grant |
| 18 | variances or waivers of permitting requirements; |
| 19 | authorizing the executive director to execute such |
| 20 | delegated authority through designated staff members; |
| 21 | providing that such delegations are exempt from specified |
| 22 | rulemaking requirements; authorizing water management |
| 23 | district governing boards, basin boards, committees, and |
| 24 | advisory boards to conduct meetings by means of |
| 25 | communications media technology; amending s. 373.083, |
| 26 | F.S.; requiring water management district governing boards |
| 27 | to delegate to the water management district's executive |
| 28 | director authority to approve certain permits or grant |
| 29 | variances or waivers of permitting requirements; |
| 30 | authorizing the executive director to execute such |
| 31 | delegated authority through designated staff members; |
| 32 | providing that such delegations are exempt from specified |
| 33 | rulemaking requirements; amending s. 373.118, F.S.; |
| 34 | removing provisions authorizing water management district |
| 35 | governing boards to delegate authority to issue general |
| 36 | permits to the executive director; amending s. 373.323, |
| 37 | F.S.; revising application requirements for water well |
| 38 | contractor licensure; requiring applicants to provide |
| 39 | specified documentation; amending s. 373.236, F.S.; |
| 40 | authorizing water management districts to issue 50-year |
| 41 | consumptive use permits to specified entities for certain |
| 42 | alternative water supply development projects; providing |
| 43 | for compliance reporting and review, modification, and |
| 44 | revocation relating to such permits; authorizing 25-year |
| 45 | consumptive use permits for renewable energy generating |
| 46 | facilities and specified lands used in the production of |
| 47 | renewable energy under certain conditions; providing that |
| 48 | such permits are subject to compliance reports; amending |
| 49 | s. 373.243, F.S.; providing for the revocation of certain |
| 50 | consumptive use permits for renewable energy generating |
| 51 | facilities and specified lands used in the production of |
| 52 | renewable energy; amending s. 373.536, F.S.; authorizing |
| 53 | substantive legislative committee chairs to provide input |
| 54 | on proposed water management district budgets; amending s. |
| 55 | 373.584, F.S.; providing a limitation on certain bonding |
| 56 | for water management districts; authorizing the Joint |
| 57 | Legislative Budget Commission to approve bonding exceeding |
| 58 | such limitation; exempting certain outstanding bonds from |
| 59 | such limitation and its calculation; amending s. 373.59, |
| 60 | F.S.; expanding water management district lands eligible |
| 61 | to receive payment in lieu of taxes; revising the method |
| 62 | used to determine eligibility for such payment; amending |
| 63 | s. 373.5905, F.S.; providing conditions for reinstatement |
| 64 | of payments in lieu of taxes and their duration; repealing |
| 65 | s. 373.465, F.S., to eliminate the Lake Panasoffkee |
| 66 | Restoration Council; repealing s. 373.466, F.S., to |
| 67 | eliminate the Lake Panasoffkee restoration program; |
| 68 | providing an effective date. |
| 69 |
|
| 70 | Be It Enacted by the Legislature of the State of Florida: |
| 71 |
|
| 72 | Section 1. Section 373.069, Florida Statutes, is |
| 73 | reenacted. |
| 74 | Section 2. Subsections (3), (6), and (7) and paragraph (a) |
| 75 | of subsection (8) of section 373.0693, Florida Statutes, are |
| 76 | amended to read: |
| 77 | 373.0693 Basins; basin boards.-- |
| 78 | (3) Each member of the various basin boards shall serve |
| 79 | for a period of 3 years or until a successor is appointed, but |
| 80 | not more than 180 days after the end of the term, except that |
| 81 | the board membership of each new basin shall be divided into |
| 82 | three groups as equally as possible, with members in such groups |
| 83 | to be appointed for 1, 2, and 3 years, respectively. Each basin |
| 84 | board shall choose a vice chair and a secretary to serve for a |
| 85 | period of 1 year. The term of office of a basin board member |
| 86 | shall be construed to commence on March 2 preceding the date of |
| 87 | appointment and to terminate March 1 of the year of the end of a |
| 88 | term or may continue until a successor is appointed, but not |
| 89 | more than 180 days after the end of the expired term. |
| 90 | (6)(a) Notwithstanding the provisions of any other general |
| 91 | or special law to the contrary, a member of the governing board |
| 92 | of the district residing in the basin or, if no member resides |
| 93 | in the basin, a member of the governing board designated by the |
| 94 | chair of the governing board shall be the ex officio chair of |
| 95 | the basin board. The ex officio chair shall preside at all |
| 96 | meetings of the basin board, except that the vice chair may |
| 97 | preside in his or her absence. The ex officio chair shall have |
| 98 | no official vote, except in case of a tie vote being cast by the |
| 99 | members, but shall be the liaison officer of the district in all |
| 100 | affairs in the basin and shall be kept informed of all such |
| 101 | affairs. |
| 102 | (b) Basin boards within the Southwest Florida Water |
| 103 | Management District shall meet regularly as determined by a |
| 104 | majority vote of the basin board members. Subject to notice |
| 105 | requirements of chapter 120, special meetings, both emergency |
| 106 | and nonemergency, may be called either by the ex officio chair |
| 107 | or the elected vice chair of the basin board or upon request of |
| 108 | two basin board members. The district staff shall include on the |
| 109 | agenda of any basin board meeting any item for discussion or |
| 110 | action requested by a member of that basin board. The district |
| 111 | staff shall notify any basin board, as well as their respective |
| 112 | counties, of any vacancies occurring in the district governing |
| 113 | board or their respective basin boards. |
| 114 | (7) At 11:59 p.m. on December 31, 1976, the Manasota |
| 115 | Watershed Basin of the Ridge and Lower Gulf Coast Water |
| 116 | Management District, which is annexed to the Southwest Florida |
| 117 | Water Management District by change of its boundaries pursuant |
| 118 | to chapter 76-243, Laws of Florida, shall be formed into a |
| 119 | subdistrict or basin of the Southwest Florida Water Management |
| 120 | District, subject to the same provisions as the other basins in |
| 121 | such district. Such subdistrict shall be designated initially as |
| 122 | the Manasota Basin. The members of the governing board of the |
| 123 | Manasota Watershed Basin of the Ridge and Lower Gulf Coast Water |
| 124 | Management District shall become members of the governing board |
| 125 | of the Manasota Basin of the Southwest Florida Water Management |
| 126 | District. Notwithstanding other provisions in this section, |
| 127 | beginning on July 1, 2001, the membership of the Manasota Basin |
| 128 | Board shall be comprised of two three members from Manatee |
| 129 | County and two three members from Sarasota County. Matters |
| 130 | relating to tie votes shall be resolved pursuant to subsection |
| 131 | (6) by the ex officio chair designated by the governing board to |
| 132 | vote in case of a tie vote. |
| 133 | (8)(a) At 11:59 p.m. on June 30, 1988, the area |
| 134 | transferred from the Southwest Florida Water Management District |
| 135 | to the St. Johns River Water Management District by change of |
| 136 | boundaries pursuant to chapter 76-243, Laws of Florida, shall |
| 137 | cease to be a subdistrict or basin of the St. Johns River Water |
| 138 | Management District known as the Oklawaha River Basin and said |
| 139 | Oklawaha River Basin shall cease to exist. However, any |
| 140 | recognition of an Oklawaha River Basin or an Oklawaha River |
| 141 | Hydrologic Basin for regulatory purposes shall be unaffected. |
| 142 | The area formerly known as the Oklawaha River Basin shall |
| 143 | continue to be part of the St. Johns River Water Management |
| 144 | District. There shall be established by the governing board of |
| 145 | the St. Johns River Water Management District the Oklawaha River |
| 146 | Basin Advisory Council to receive public input and advise the |
| 147 | St. Johns River Water Management District's governing board on |
| 148 | water management issues affecting the Oklawaha River Basin. The |
| 149 | Oklawaha River Basin Advisory Council shall be appointed by |
| 150 | action of the St. Johns River Water Management District's |
| 151 | governing board and shall include one representative from each |
| 152 | county which is wholly or partly included in the Oklawaha River |
| 153 | Basin. The St. Johns River Water Management District's governing |
| 154 | board member currently serving pursuant to s. 373.073(2)(c)3. |
| 155 | shall serve as chair of the Oklawaha River Basin Advisory |
| 156 | Council. Members of the Oklawaha River Basin Advisory Council |
| 157 | shall receive no compensation for their services but are |
| 158 | entitled to be reimbursed for per diem and travel expenses as |
| 159 | provided in s. 112.061. |
| 160 | Section 3. Paragraph (b) of subsection (1) of section |
| 161 | 373.073, Florida Statutes, is amended to read: |
| 162 | 373.073 Governing board.-- |
| 163 | (1) |
| 164 | (b) Commencing January 1, 2011 1999, the Governor shall |
| 165 | appoint the following number of governing board members in each |
| 166 | year of the Governor's 4-year term of office: |
| 167 | 1. In the first year of the Governor's term of office, the |
| 168 | Governor shall appoint four members to the governing board of |
| 169 | the Southwest Florida Water Management District and appoint |
| 170 | three members to the governing board of each other district. |
| 171 | 2. In the second year of the Governor's term of office, |
| 172 | the Governor shall appoint three members to the governing board |
| 173 | of the Southwest Florida Water Management District and two |
| 174 | members to the governing board of each other district. |
| 175 | 3. In the third year of the Governor's term of office, the |
| 176 | Governor shall appoint three members to the governing board of |
| 177 | the Southwest Florida Water Management District and two members |
| 178 | to the governing board of each other district. |
| 179 | 4. In the fourth year of the Governor's term of office, |
| 180 | the Governor shall appoint three members to the governing board |
| 181 | of the Southwest Florida Water Management District and two |
| 182 | members to the governing board of each other district. |
| 183 |
|
| 184 | For any governing board vacancy that occurs before the date |
| 185 | scheduled for the office to be filled under this paragraph, the |
| 186 | Governor shall appoint a person meeting residency requirements |
| 187 | of subsection (2) for a term that will expire on the date |
| 188 | scheduled for the term of that office to terminate under this |
| 189 | subsection. In addition to the residency requirements for the |
| 190 | governing boards as provided by subsection (2), the Governor |
| 191 | shall consider appointing governing board members to represent |
| 192 | an equitable cross-section of regional interests and technical |
| 193 | expertise. |
| 194 | Section 4. Subsections (4) and (7) of section 373.079, |
| 195 | Florida Statutes, are amended to read: |
| 196 | 373.079 Members of governing board; oath of office; |
| 197 | staff.-- |
| 198 | (4)(a) The governing board of the district is authorized |
| 199 | to employ an executive director, ombudsman, and such engineers, |
| 200 | other professional persons, and other personnel and assistants |
| 201 | as it deems necessary and under such terms and conditions as it |
| 202 | may determine and to terminate such employment. The appointment |
| 203 | of an executive director by the governing board is subject to |
| 204 | approval by the Governor and must be initially confirmed by the |
| 205 | Florida Senate. The governing board may delegate all or part of |
| 206 | its authority under this paragraph to the executive director. |
| 207 | However, the governing board shall delegate to the executive |
| 208 | director all of its authority to take final action on permit |
| 209 | applications under part II or part IV or petitions for variances |
| 210 | or waivers of permitting requirements under part II or part IV, |
| 211 | except for denials of such actions as provided in s. 373.083(5). |
| 212 | The executive director may execute such delegated authority |
| 213 | through designated staff members. Such delegations shall not be |
| 214 | subject to the rulemaking requirements of chapter 120. The |
| 215 | executive director must be confirmed by the Senate upon |
| 216 | employment and must be confirmed or reconfirmed by the Senate |
| 217 | during the second regular session of the Legislature following a |
| 218 | gubernatorial election. |
| 219 | (b)1. The governing board of each water management |
| 220 | district shall employ an inspector general, who shall report |
| 221 | directly to the board. However, the governing boards of the |
| 222 | Suwannee River Water Management District and the Northwest |
| 223 | Florida Water Management District may jointly employ an |
| 224 | inspector general, or provide for inspector general services by |
| 225 | interagency agreement with a state agency or water management |
| 226 | district inspector general. |
| 227 | 2. An inspector general must have the qualifications |
| 228 | prescribed and perform the applicable duties of state agency |
| 229 | inspectors general as provided in s. 20.055. |
| 230 | (7) The governing board shall meet at least once a month |
| 231 | and upon call of the chair. The governing board, a basin board, |
| 232 | a committee, or an advisory board may conduct meetings by means |
| 233 | of communications media technology in accordance with rules |
| 234 | adopted pursuant to s. 120.54. |
| 235 | Section 5. Subsection (5) of section 373.083, Florida |
| 236 | Statutes, is amended to read: |
| 237 | 373.083 General powers and duties of the governing |
| 238 | board.--In addition to other powers and duties allowed it by |
| 239 | law, the governing board is authorized to: |
| 240 | (5) Execute any of the powers, duties, and functions |
| 241 | vested in the governing board through a member or members |
| 242 | thereof, the executive director, or other district staff as |
| 243 | designated by the governing board. The governing board may |
| 244 | establish the scope and terms of any delegation. The However, if |
| 245 | the governing board shall delegate to the executive director all |
| 246 | of its delegates the authority to take final action on permit |
| 247 | applications under part II or part IV, or petitions for |
| 248 | variances or waivers of permitting requirements under part II or |
| 249 | part IV, and the executive director may execute such delegated |
| 250 | authority through designated staff. Such delegations shall not |
| 251 | be subject to the rulemaking requirements of chapter 120. |
| 252 | However, the governing board shall provide a process for |
| 253 | referring any denial of such application or petition to the |
| 254 | governing board to take final action. Such process shall |
| 255 | expressly prohibit any member of a governing board from |
| 256 | intervening in any manner during the review of an application |
| 257 | prior to such application being referred to the governing board |
| 258 | for final action. The authority in this subsection is |
| 259 | supplemental to any other provision of this chapter granting |
| 260 | authority to the governing board to delegate specific powers, |
| 261 | duties, or functions. |
| 262 | Section 6. Present subsection (4) of section 373.118, |
| 263 | Florida Statutes, is amended, and subsection (5) of that section |
| 264 | is renumbered as subsection (4), to read: |
| 265 | 373.118 General permits; delegation.-- |
| 266 | (4) To provide for greater efficiency, the governing board |
| 267 | may delegate by rule its powers and duties pertaining to general |
| 268 | permits to the executive director. The executive director may |
| 269 | execute such delegated authority through designated staff. |
| 270 | However, when delegating the authority to take final action on |
| 271 | permit applications under part II or part IV or petitions for |
| 272 | variances or waivers of permitting requirements under part II or |
| 273 | part IV, the governing board shall provide a process for |
| 274 | referring any denial of such application or petition to the |
| 275 | governing board to take such final action. |
| 276 | Section 7. Subsection (3) of section 373.323, Florida |
| 277 | Statutes, is amended to read: |
| 278 | 373.323 Licensure of water well contractors; application, |
| 279 | qualifications, and examinations; equipment identification.-- |
| 280 | (3) An applicant who meets the following requirements |
| 281 | shall be entitled to take the water well contractor licensure |
| 282 | examination to practice water well contracting: |
| 283 | (a) Is at least 18 years of age. |
| 284 | (b) Has at least 2 years of experience in constructing, |
| 285 | repairing, or abandoning water wells. Satisfactory proof of such |
| 286 | experience shall be demonstrated by providing: |
| 287 | 1. Evidence of the length of time the applicant has been |
| 288 | engaged in the business of the construction, repair, or |
| 289 | abandonment of water wells as a major activity, as attested to |
| 290 | by a letter from three of the following persons: |
| 291 | a. A water well contractor. |
| 292 | b. A water well driller. |
| 293 | c. A water well parts and equipment vendor. |
| 294 | d. A water well inspectors employed by a governmental |
| 295 | agency. |
| 296 | 2. A list of at least 10 water wells that the applicant |
| 297 | has constructed, repaired, or abandoned within the preceding 5 |
| 298 | years. Of these wells, at least seven must have been |
| 299 | constructed, as defined in s. 373.303(2), by the applicant. The |
| 300 | list shall also include: |
| 301 | a. The name and address of the owner or owners of each |
| 302 | well. |
| 303 | b. The location, primary use, and approximate depth and |
| 304 | diameter of each well that the applicant has constructed, |
| 305 | repaired, or abandoned. |
| 306 | c. The approximate date the construction, repair, or |
| 307 | abandonment of each well was completed. |
| 308 | (c) Has completed the application form and remitted a |
| 309 | nonrefundable application fee. |
| 310 | Section 8. Subsections (6) and (7) are added to section |
| 311 | 373.236, Florida Statutes, to read: |
| 312 | 373.236 Duration of permits; compliance reports.-- |
| 313 | (6)(a) The Legislature finds that the need for alternative |
| 314 | water supply development projects to meet anticipated public |
| 315 | water supply demands of the state is so important that it is |
| 316 | essential to encourage participation in and contribution to |
| 317 | these projects by private-rural-land owners who |
| 318 | characteristically have relatively modest near-term water |
| 319 | demands but substantially increasing demands after the 20-year |
| 320 | planning period in s. 373.0361. Therefore, where such landowners |
| 321 | make extraordinary contributions of lands or construction |
| 322 | funding to enable the expeditious implementation of such |
| 323 | projects, water management districts and the department may |
| 324 | grant permits for such projects for a period of up to 50 years |
| 325 | to municipalities, counties, special districts, regional water |
| 326 | supply authorities, multijurisdictional water supply entities, |
| 327 | and publicly or privately owned utilities, with the exception of |
| 328 | any publicly or privately owned utilities created for or by a |
| 329 | private landowner after April 1, 2008, which have entered into |
| 330 | an agreement with the private landowner for the purpose of more |
| 331 | efficiently pursuing alternative public water supply development |
| 332 | projects identified in a district's regional water supply plan |
| 333 | and meeting water demands of both the applicant and the |
| 334 | landowner. |
| 335 | (b) A permit under paragraph (a) may be granted only for |
| 336 | that period for which there is sufficient data to provide |
| 337 | reasonable assurance that the conditions for permit issuance |
| 338 | will be met. Such a permit shall require a compliance report by |
| 339 | the permittee every 5 years during the term of the permit. The |
| 340 | report shall contain sufficient data to maintain reasonable |
| 341 | assurance that the conditions for permit issuance applicable at |
| 342 | the time of district review of the compliance report are met. |
| 343 | After review of this report, the governing board or the |
| 344 | department may modify the permit to ensure that the use meets |
| 345 | the conditions for issuance. This subsection does not limit the |
| 346 | existing authority of the department or the governing board to |
| 347 | modify or revoke a consumptive use permit. |
| 348 | (7) A permit approved for a renewable energy generating |
| 349 | facility or the cultivation of agricultural products on lands |
| 350 | consisting of 1,000 acres or more for use in the production |
| 351 | renewable energy, as defined in s. 366.91(2)(d), shall be |
| 352 | granted for a term of at least 25 years at the applicant's |
| 353 | request based on the anticipated life of the facility if there |
| 354 | is sufficient data to provide reasonable assurance that the |
| 355 | conditions for permit issuance will be met for the duration of |
| 356 | the permit; otherwise, a permit may be issued for a shorter |
| 357 | duration that reflects the longest period for which such |
| 358 | reasonable assurances are provided. Such a permit is subject to |
| 359 | compliance reports under subsection (4). |
| 360 | Section 9. Subsection (4) of section 373.243, Florida |
| 361 | Statutes, is amended to read: |
| 362 | 373.243 Revocation of permits.--The governing board or the |
| 363 | department may revoke a permit as follows: |
| 364 | (4) For nonuse of the water supply allowed by the permit |
| 365 | for a period of 2 years or more, the governing board or the |
| 366 | department may revoke the permit permanently and in whole unless |
| 367 | the user can prove that his or her nonuse was due to extreme |
| 368 | hardship caused by factors beyond the user's control. For a |
| 369 | permit issued pursuant to s. 373.236(7), the governing board or |
| 370 | the department may revoke the permit only if the nonuse of the |
| 371 | water supply allowed by the permit is for a period of 4 years or |
| 372 | more. |
| 373 | Section 10. Paragraph (e) of subsection (5) of section |
| 374 | 373.536, Florida Statutes, is amended to read: |
| 375 | 373.536 District budget and hearing thereon.-- |
| 376 | (5) TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND |
| 377 | APPROVAL.-- |
| 378 | (e) By September 5 of the year in which the budget is |
| 379 | submitted, the House and Senate appropriations and appropriate |
| 380 | substantive committee chairs may transmit to each district |
| 381 | comments and objections to the proposed budgets. Each district |
| 382 | governing board shall include a response to such comments and |
| 383 | objections in the record of the governing board meeting where |
| 384 | final adoption of the budget takes place, and the record of this |
| 385 | meeting shall be transmitted to the Executive Office of the |
| 386 | Governor, the department, and the chairs of the House and Senate |
| 387 | appropriations committees. |
| 388 | Section 11. Subsection (5) is added to section 373.584, |
| 389 | Florida Statutes, to read: |
| 390 | 373.584 Revenue bonds.-- |
| 391 | (5)(a) The total annual debt service for bonds issued |
| 392 | pursuant to this section and s. 373.563 may not exceed 20 |
| 393 | percent of the annual ad valorem tax revenues of the water |
| 394 | management district, unless approved by the Joint Legislative |
| 395 | Budget Commission. |
| 396 | (b) The Joint Legislative Budget Commission is authorized |
| 397 | to review the financial soundness of a water management district |
| 398 | and determine whether bonds may be issued by a water management |
| 399 | district in excess of the limitation provided in paragraph (a). |
| 400 | (c) A water management district may not take any action |
| 401 | regarding the issuance of bonds in excess of the limitation of |
| 402 | paragraph (a) without prior approval of the Joint Legislative |
| 403 | Budget Commission pursuant to joint rules of the House of |
| 404 | Representative and the Senate. |
| 405 | (d) Bonds issued and outstanding before January 1, 2009, |
| 406 | are exempt from this subsection and shall not be included in the |
| 407 | calculation of the limitation of paragraph (a). |
| 408 | (e) This subsection does not affect the validity or |
| 409 | enforceability of outstanding revenue bonds. |
| 410 | Section 12. Subsection (10) of section 373.59, Florida |
| 411 | Statutes, is amended to read: |
| 412 | 373.59 Water Management Lands Trust Fund.-- |
| 413 | (10)(a) Beginning July 1, 1999, not more than one-fourth |
| 414 | of the funds provided for in subsections (1) and (8) in any year |
| 415 | shall be reserved annually by a governing board, during the |
| 416 | development of its annual operating budget, for payments in lieu |
| 417 | of taxes for all actual ad valorem tax losses incurred as a |
| 418 | result of all governing board acquisitions for water management |
| 419 | district purposes districts pursuant to ss. 259.101, 259.105, |
| 420 | 373.470, and this section during any year. Reserved funds not |
| 421 | used for payments in lieu of taxes in any year shall revert to |
| 422 | the Water Management Lands Trust Fund to be used in accordance |
| 423 | with the provisions of this section. |
| 424 | (b) Payment in lieu of taxes shall be available: |
| 425 | 1. To all counties that have a population of 150,000 or |
| 426 | fewer. Population levels shall be determined pursuant to s. |
| 427 | 186.901 11.031. The population estimates published April 1 and |
| 428 | used in the revenue-sharing formula pursuant to s. 186.901 shall |
| 429 | be used to determine eligibility under this subsection and shall |
| 430 | apply to payments made for the subsequent fiscal year. |
| 431 | 2. To all local governments located in eligible counties |
| 432 | and whose lands are bought and taken off the tax rolls. |
| 433 |
|
| 434 | For properties acquired after January 1, 2000, in the event that |
| 435 | such properties otherwise eligible for payment in lieu of taxes |
| 436 | under this subsection are leased or reserved and remain subject |
| 437 | to ad valorem taxes, payments in lieu of taxes shall commence or |
| 438 | recommence upon the expiration or termination of the lease or |
| 439 | reservation, but in no event shall there be more than a total of |
| 440 | 10 annual payments in lieu of taxes for each tax loss. If the |
| 441 | lease is terminated for only a portion of the lands at any time, |
| 442 | the 10 annual payments shall be made for that portion only |
| 443 | commencing the year after such termination, without limiting the |
| 444 | requirement that 10 annual payments shall be made on the |
| 445 | remaining portion or portions of the land as the lease on each |
| 446 | expires. For the purposes of this subsection, "local government" |
| 447 | includes municipalities and, the county school board, mosquito |
| 448 | control districts, and any other local government entity which |
| 449 | levies ad valorem taxes. |
| 450 | (c) If sufficient funds are unavailable in any year to |
| 451 | make full payments to all qualifying counties and local |
| 452 | governments, such counties and local governments shall receive a |
| 453 | pro rata share of the moneys available. |
| 454 | (d) The payment amount shall be based on the average |
| 455 | amount of actual ad valorem taxes paid on the property for the 3 |
| 456 | years preceding acquisition. Applications for payment in lieu of |
| 457 | taxes shall be made no later than May January 31 of the year for |
| 458 | which payment is sought following acquisition. No payment in |
| 459 | lieu of taxes shall be made for properties which were exempt |
| 460 | from ad valorem taxation for the year immediately preceding |
| 461 | acquisition. |
| 462 | (e) If property that was subject to ad valorem taxation |
| 463 | was acquired by a tax-exempt entity for ultimate conveyance to |
| 464 | the state under this chapter, payment in lieu of taxes shall be |
| 465 | made for such property based upon the average amount of ad |
| 466 | valorem taxes paid on the property for the 3 years prior to its |
| 467 | being removed from the tax rolls. The water management districts |
| 468 | shall certify to the Department of Revenue those properties that |
| 469 | may be eligible under this provision. Once eligibility has been |
| 470 | established, that governmental entity shall receive annual |
| 471 | payments for each tax loss until the qualifying governmental |
| 472 | entity exceeds the population threshold pursuant to paragraph |
| 473 | (b) s. 259.032(12)(b). |
| 474 | (f) Payment in lieu of taxes pursuant to this subsection |
| 475 | shall be made annually to qualifying counties and local |
| 476 | governments after certification by the Department of Revenue |
| 477 | that the amounts applied for are reasonably appropriate, based |
| 478 | on the amount of actual ad valorem taxes paid on the eligible |
| 479 | property, and after the water management districts have provided |
| 480 | supporting documents to the Chief Financial Officer and have |
| 481 | requested that payment be made in accordance with the |
| 482 | requirements of this section. With the assistance of the local |
| 483 | government requesting payment in lieu of taxes, the water |
| 484 | management district that acquired the land is responsible for |
| 485 | preparing and submitting application requests for payment to the |
| 486 | Department of Revenue for certification. |
| 487 | (g) If a water management district conveys to a county or |
| 488 | local government title to any land owned by the district, any |
| 489 | payments in lieu of taxes on the land made to the county or |
| 490 | local government shall be discontinued as of the date of the |
| 491 | conveyance. |
| 492 | Section 13. Section 373.5905, Florida Statutes, is amended |
| 493 | to read: |
| 494 | 373.5905 Reinstatement Reinstitution of payments in lieu |
| 495 | of taxes; duration.--If a water management district has made a |
| 496 | payment in lieu of taxes to a governmental entity and |
| 497 | subsequently suspended such payment, beginning July 1, 2009, the |
| 498 | water management district shall reinstate reinstitute |
| 499 | appropriate payments and continue the payments for as long as |
| 500 | the county population remains below the population threshold |
| 501 | pursuant to s. 373.59(10)(b). This section does not authorize or |
| 502 | provide for payments in arrears in consecutive years until the |
| 503 | governmental entity has received a total of 10 payments for each |
| 504 | tax loss. |
| 505 | Section 14. Sections 373.465 and 373.466, Florida |
| 506 | Statutes, are repealed. |
| 507 | Section 15. This act shall take effect July 1, 2009. |