| 1 | A bill to be entitled |
| 2 | An act relating to water management district governing |
| 3 | boards; creating s. 373.0725, F.S.; establishing a water |
| 4 | management district governing board nominating commission; |
| 5 | providing criteria for governing board member nominees; |
| 6 | providing for the appointment of commission members by the |
| 7 | Governor, the President of the Senate, and the Speaker of |
| 8 | the House of Representatives; providing for terms and |
| 9 | duties of commission members; requiring the Executive |
| 10 | Office of the Governor to provide administrative support |
| 11 | to the commission and to adopt rules; amending s. 373.086, |
| 12 | F.S.; requiring governing boards to obtain legislative |
| 13 | authorization for acquisition costs and professional |
| 14 | service procurement costs in excess of specified amounts; |
| 15 | amending s. 373.089, F.S.; requiring governing boards to |
| 16 | review and make available for purchase specified lands; |
| 17 | amending s. 373.139, F.S.; prohibiting the purchase of |
| 18 | specified lands by a governing board unless deemed |
| 19 | environmentally critical or sensitive by the Century |
| 20 | Commission for a Sustainable Florida and authorized by the |
| 21 | Legislature; amending s. 112.3145, F.S.; providing that |
| 22 | members of the water management district governing board |
| 23 | nominating commission are state officers for purposes of |
| 24 | financial disclosure requirements; providing an effective |
| 25 | date. |
| 26 |
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| 27 | Be It Enacted by the Legislature of the State of Florida: |
| 28 |
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| 29 | Section 1. Section 373.0725, Florida Statutes, is created |
| 30 | to read: |
| 31 | 373.0725 Water management district governing board |
| 32 | nominating commission.- |
| 33 | (1)(a) Members of each water management district governing |
| 34 | board shall be nominated for appointment by a commission |
| 35 | composed of 11 members. |
| 36 | (b) Commission members shall submit to the Governor three |
| 37 | recommended nominees for each district governing board position. |
| 38 | Nominees must reside in the territorial jurisdiction of the |
| 39 | governing board to which the commission will recommend |
| 40 | appointments and must have significant experience in one or more |
| 41 | of the following areas: agriculture, the development industry, |
| 42 | local government, government-owned or privately owned water |
| 43 | utilities, law, civil engineering, environmental science, |
| 44 | hydrology, accounting, or finance. |
| 45 | (c) The Governor shall select appointees from the list of |
| 46 | nominees recommended for a position. |
| 47 | (2) A current or former governing board member may not be |
| 48 | a member of the governing board nominating commission. A member |
| 49 | of the governing board nominating commission may hold public |
| 50 | office. A member of the governing board nominating commission is |
| 51 | not eligible for appointment, during his or her term of office |
| 52 | and for a period of 2 years thereafter, to any board for which |
| 53 | the commission has the authority to make nominations. All acts |
| 54 | of the governing board nominating commission must be made with a |
| 55 | concurrence of a majority of its members. |
| 56 | (3) Members shall be appointed to the governing board |
| 57 | nominating commission in the following manner: |
| 58 | (a) The Governor shall appoint three members for terms |
| 59 | ending July 1, 2014. |
| 60 | (b) The President of the Senate shall appoint three |
| 61 | members for terms ending July 1, 2013, and one member of the |
| 62 | Senate who shall serve at the pleasure of the President of the |
| 63 | Senate. |
| 64 | (c) The Speaker of the House of Representatives shall |
| 65 | appoint three members for terms ending July 1, 2012, and one |
| 66 | member of the House of Representatives who shall serve at the |
| 67 | pleasure of the Speaker of the House of Representatives. |
| 68 |
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| 69 | Every subsequent appointment, except the appointment of a member |
| 70 | of the Senate and of the House of Representatives and an |
| 71 | appointment to fill a vacant, unexpired term, shall be for 4 |
| 72 | years. Each expired term or vacancy shall be filled by |
| 73 | appointment in the same manner as the member whose position is |
| 74 | being filled. |
| 75 | (4) In making appointments, the Governor, the President of |
| 76 | the Senate, and the Speaker of the House of Representatives |
| 77 | shall seek to ensure that, to the extent possible, the |
| 78 | membership of the governing board nominating commission reflects |
| 79 | the racial, ethnic, and gender diversity of the state and shall |
| 80 | also consider the adequacy of representation of each geographic |
| 81 | region within the state. |
| 82 | (5) A member of the governing board nominating commission |
| 83 | may be suspended for cause by the person who appointed him or |
| 84 | her. |
| 85 | (6) The governing board nominating commission shall |
| 86 | recommend appointments to the governing board of a water |
| 87 | management district pursuant to s. 373.073. A quorum of the |
| 88 | commission is necessary to take any action or transact any |
| 89 | business. For purposes of this section, a majority of the |
| 90 | commission members shall constitute a quorum. However, if a |
| 91 | vacancy occurs, a majority of the total remaining commission |
| 92 | members shall constitute a quorum. |
| 93 | (7) The Executive Office of the Governor shall provide all |
| 94 | administrative support for the governing board nominating |
| 95 | commission and shall adopt rules necessary to administer this |
| 96 | section. |
| 97 | Section 2. Subsection (4) is added to section 373.086, |
| 98 | Florida Statutes, to read: |
| 99 | 373.086 Providing for district works.- |
| 100 | (4) The governing board must obtain specific legislative |
| 101 | authorization for any acquisition costs in excess of $50 million |
| 102 | and for any professional service procurement costs in excess of |
| 103 | $5 million. |
| 104 | Section 3. Paragraph (e) is added to subsection (6) of |
| 105 | section 373.089, Florida Statutes, to read: |
| 106 | 373.089 Sale or exchange of lands, or interests or rights |
| 107 | in lands.-The governing board of the district may sell lands, or |
| 108 | interests or rights in lands, to which the district has acquired |
| 109 | title or to which it may hereafter acquire title in the |
| 110 | following manner: |
| 111 | (6) Any lands the title to which is vested in the |
| 112 | governing board of a water management district may be surplused |
| 113 | pursuant to the procedures set forth in this section and s. |
| 114 | 373.056 and the following: |
| 115 | (e) For any lands for which title is vested in the |
| 116 | governing board, the governing board shall conduct reviews to |
| 117 | determine which lands are no longer needed for conservation and |
| 118 | restoration purposes or no longer considered environmentally |
| 119 | critical or sensitive and make such lands available for purchase |
| 120 | so long as the property can be reentered onto the county ad |
| 121 | valorem tax roll. |
| 122 | Section 4. Paragraph (d) is added to subsection (3) of |
| 123 | section 373.139, Florida Statutes, to read: |
| 124 | 373.139 Acquisition of real property.- |
| 125 | (3) The initial 5-year work plan and any subsequent |
| 126 | modifications or additions thereto shall be adopted by each |
| 127 | water management district after a public hearing. Each water |
| 128 | management district shall provide at least 14 days' advance |
| 129 | notice of the hearing date and shall separately notify each |
| 130 | county commission within which a proposed work plan project or |
| 131 | project modification or addition is located of the hearing date. |
| 132 | (d) The governing board may not purchase lands appraised |
| 133 | in excess of $50 million unless such lands are deemed |
| 134 | environmentally critical or sensitive by the Century Commission |
| 135 | for a Sustainable Florida and such purchase is specifically |
| 136 | authorized by the Legislature. |
| 137 | Section 5. Paragraph (c) of subsection (1) of section |
| 138 | 112.3145, Florida Statutes, is amended to read: |
| 139 | 112.3145 Disclosure of financial interests and clients |
| 140 | represented before agencies.- |
| 141 | (1) For purposes of this section, unless the context |
| 142 | otherwise requires, the term: |
| 143 | (c) "State officer" means: |
| 144 | 1. Any elected public officer, excluding those elected to |
| 145 | the United States Senate and House of Representatives, not |
| 146 | covered elsewhere in this part and any person who is appointed |
| 147 | to fill a vacancy for an unexpired term in such an elective |
| 148 | office. |
| 149 | 2. An appointed member of each board, commission, |
| 150 | authority, or council having statewide jurisdiction, excluding a |
| 151 | member of an advisory body. |
| 152 | 3. A member of the Board of Governors of the State |
| 153 | University System or a state university board of trustees, the |
| 154 | Chancellor and Vice Chancellors of the State University System, |
| 155 | and the president of a state university. |
| 156 | 4. A member of the judicial nominating commission for any |
| 157 | district court of appeal or any judicial circuit. |
| 158 | 5. A member of the water management district governing |
| 159 | board nominating commission. |
| 160 | Section 6. This act shall take effect July 1, 2010. |