| 1 | A bill to be entitled | 
| 2 | An act relating to water management districts; amending s. | 
| 3 | 373.0693, F.S.; revising provisions relating to the | 
| 4 | membership of basin boards; specifying the terms of | 
| 5 | service for basin board members designated by district | 
| 6 | governing board chairs; providing that basin board members | 
| 7 | designated by district governing board chairs are voting | 
| 8 | members and counted for quorum purposes; providing for | 
| 9 | designated district governing board members to serve as | 
| 10 | basin board chairs and co-chairs; authorizing basin boards | 
| 11 | to transact official business under certain conditions; | 
| 12 | revising provisions relating to the membership of the | 
| 13 | Manasota Basin Board; providing for the designation of a | 
| 14 | member of the district governing board to serve on the | 
| 15 | basin board; amending s. 373.171, F.S.; exempting | 
| 16 | cooperative funding programs from certain rulemaking | 
| 17 | requirements; creating s. 373.0725, F.S.; establishing a | 
| 18 | water management district governing board nominating | 
| 19 | commission; providing criteria for governing board member | 
| 20 | nominees; providing for the appointment of commission | 
| 21 | members by the Governor, the President of the Senate, and | 
| 22 | the Speaker of the House of Representatives; providing for | 
| 23 | terms and duties of commission members; requiring the | 
| 24 | Executive Office of the Governor to provide administrative | 
| 25 | support to the commission and to adopt rules; amending s. | 
| 26 | 373.089, F.S.; requiring governing boards to review and | 
| 27 | make available for purchase specified lands; amending s. | 
| 28 | 112.3145, F.S.; providing that members of the water | 
| 29 | management district governing board nominating commission | 
| 30 | are state officers for purposes of financial disclosure | 
| 31 | requirements; amending s. 373.228, F.S.; revising | 
| 32 | provisions relating to the authority of local governments | 
| 33 | to adopt and implement, by ordinance, specified landscape | 
| 34 | irrigation restrictions; amending s. 373.246, F.S.; | 
| 35 | authorizing local governments to adopt ordinances that | 
| 36 | implement specified water shortage and emergency orders; | 
| 37 | amending s. 298.66, F.S.; revising provisions prohibiting | 
| 38 | the obstruction of certain drainage works; providing an | 
| 39 | effective date. | 
| 40 | 
 | 
| 41 | Be It Enacted by the Legislature of the State of Florida: | 
| 42 | 
 | 
| 43 | Section 1.  Subsections (1) through (7) of section | 
| 44 | 373.0693, Florida Statutes, are amended to read: | 
| 45 | 373.0693  Basins; basin boards.- | 
| 46 | (1)(a)  Any areas within a district may be designated by | 
| 47 | the district governing board as subdistricts or basins. The | 
| 48 | designations of such basins shall be made by resolution of the | 
| 49 | district governing board by resolutions thereof. The district | 
| 50 | governing board of the districtmay change the boundaries of | 
| 51 | such basins, or create new basins, by resolution. | 
| 52 | (b)  No subdistrict or basin in the St. Johns River Water | 
| 53 | Management District other than established by this act shall | 
| 54 | become effective until approved by the Legislature. | 
| 55 | (2)  Each basin shall be under the control of a basin board | 
| 56 | which shall becomposed of at leastnot less thanthree members, | 
| 57 | including one or more representatives but  | 
| 58 | representativefrom each of the counties included in the basin. | 
| 59 | (3)  Except for a member of the district governing board | 
| 60 | serving on a basin board pursuant to subsection (6), each member | 
| 61 | of a the variousbasin boardboardsshall be appointedservefor | 
| 62 | a period of3 years or until a successor is appointed, but not | 
| 63 | more than 180 days after the end of the term. , except thatThe | 
| 64 | boardmembership of each new basin board shall be divided into | 
| 65 | three groups as equally as possible, with members in such groups | 
| 66 | to be appointed for 1, 2, and 3 years, respectively. Each basin | 
| 67 | board shall choose a vice chair and a secretary to serve for a  | 
| 68 | period of1 year. The term of office of a basin board member | 
| 69 | shall be construed tocommence on March 2 preceding the date of | 
| 70 | appointment and toterminate March 1 of the year of the end of a | 
| 71 | term or may continueuntil a successor is appointed, but not | 
| 72 | more than 180 days after the end of the expired term. A member | 
| 73 | of the district governing board serving on a basin board | 
| 74 | pursuant to subsection (6) shall serve for a period commensurate | 
| 75 | with his or her term on the governing board. | 
| 76 | (4)  Except for a member of the district governing board | 
| 77 | serving on a basin board pursuant to subsection (6), members of | 
| 78 | a basin board boardsshall be appointed by the Governor, subject | 
| 79 | to confirmation by the Senate at the next regular session of the | 
| 80 | Legislature, ;and the refusal or failure of the Senate to | 
| 81 | confirm an appointment shall create a vacancy in the office to | 
| 82 | which the appointment was made. | 
| 83 | (5)  Basin board members shall serve without receive no  | 
| 84 | compensation for services as such;but are entitled to | 
| 85 | reimbursement for per diem and travel expenses as provided in s. | 
| 86 | 112.061 , while officially on work for the district, they shall  | 
| 87 | receive their actual travel expenses between their respective  | 
| 88 | places of residence and the place where official district  | 
| 89 | business is conducted, subsistence, lodging, and other expenses  | 
| 90 | in the amount actually incurred. These expenses may not exceed  | 
| 91 | the statutory amount allowed state officers and employees. This | 
| 92 | subsection applies retroactively to the effective date of the | 
| 93 | creation of each of the five separate water management | 
| 94 | districts. | 
| 95 | (6)(a)  Notwithstanding any other provision of the  | 
| 96 | provisions of any othergeneral or special lawto the contrary, | 
| 97 | a member of the district governing board of the district  | 
| 98 | residing in the basin or, if no member resides in the basin, a | 
| 99 | member of the district governing board designated by the chair | 
| 100 | of the district governing board shall be a voting member of the | 
| 101 | basin board and counted for purposes of establishing a quorum. | 
| 102 | (b)  A governing board member shall serve as the chair of | 
| 103 | the basin board. If more than one governing board member is | 
| 104 | designated to a basin board, each shall rotate as co-chair of | 
| 105 | the basin board. The chair or co-chair shall preside at all | 
| 106 | meetings of the basin board, except that the vice chair may | 
| 107 | preside in the his or herabsence of the chair and co-chair. The | 
| 108 | chair shall be the liaison officer of the district in all | 
| 109 | affairs in the basin and shall be kept informed of all such | 
| 110 | affairs. | 
| 111 | (c)  If a vacancy occurs on a basin board, a quorum of the | 
| 112 | total remaining members of the basin board may continue to | 
| 113 | transact official business until a successor is appointed. | 
| 114 | (d) (b)Basin boards within the Southwest Florida Water | 
| 115 | Management District shall meet regularly as determined by a | 
| 116 | majority vote of the basin board members. Subject to notice | 
| 117 | requirements of chapter 120, special meetings, both emergency | 
| 118 | and nonemergency, may be called eitherby the chair or the | 
| 119 | elected vice chair of the basin boardor upon request of two | 
| 120 | basin board members. The district staff shall include on the | 
| 121 | agenda of any basin board meeting any item for discussion or | 
| 122 | action requested by a member of that basin board. The district | 
| 123 | staff shall notify any basin board, as well as their respective | 
| 124 | counties, of any vacancies occurring in the district governing | 
| 125 | board or their respective basin boards. | 
| 126 | (7) At 11:59 p.m. on December 31, 1976, the Manasota  | 
| 127 | Watershed Basin of the Ridge and Lower Gulf Coast Water  | 
| 128 | Management District, which is annexed to the Southwest Florida  | 
| 129 | Water Management District by change of its boundaries pursuant  | 
| 130 | to chapter 76-243, Laws of Florida, shall be formed into a  | 
| 131 | subdistrict or basin of the Southwest Florida Water Management  | 
| 132 | District, subject to the same provisions as the other basins in  | 
| 133 | such district. Such subdistrict shall be designated initially as  | 
| 134 | the Manasota Basin. The members of the governing board of the  | 
| 135 | Manasota Watershed Basin of the Ridge and Lower Gulf Coast Water  | 
| 136 | Management District shall become members of the governing board  | 
| 137 | of the Manasota Basin of the Southwest Florida Water Management  | 
| 138 | District.Notwithstanding other provisions in this section, | 
| 139 | beginning on July 1, 2010 2001, the membership of the Manasota | 
| 140 | Basin Board shall be comprised of two members from Manatee | 
| 141 | County, andtwo members from Sarasota County, and a member of | 
| 142 | the district governing board designated by the chair of the | 
| 143 | district governing board pursuant to subsection (6). Matters  | 
| 144 | relating to tie votes shall be resolved pursuant to subsection  | 
| 145 | (6) by the chair designated by the governing board to vote in  | 
| 146 | case of a tie vote. | 
| 147 | Section 2.  Subsection (5) is added to section 373.171, | 
| 148 | Florida Statutes, to read: | 
| 149 | 373.171  Rules.- | 
| 150 | (5)  Cooperative funding programs are not subject to the | 
| 151 | rulemaking requirements of chapter 120. However, any portion of | 
| 152 | an approved program which affects the substantial interests of a | 
| 153 | party shall be subject to s. 120.569. | 
| 154 | Section 3.  Section 373.0725, Florida Statutes, is created | 
| 155 | to read: | 
| 156 | 373.0725  Water management district governing board | 
| 157 | nominating commission.- | 
| 158 | (1)(a)  Members of each water management district governing | 
| 159 | board shall be nominated for appointment by a commission | 
| 160 | composed of nine members. | 
| 161 | (b)  Commission members shall submit to the Governor three | 
| 162 | recommended nominees for each district governing board position. | 
| 163 | Nominees must reside in the territorial jurisdiction of the | 
| 164 | governing board to which the commission will recommend | 
| 165 | appointments and must have significant experience in one or more | 
| 166 | of the following areas: agriculture, the development industry, | 
| 167 | local government, government-owned or privately owned water | 
| 168 | utilities, law, civil engineering, environmental science, | 
| 169 | hydrology, accounting, finance, or professional landscaping. | 
| 170 | (c)  The Governor shall select appointees from the list of | 
| 171 | nominees recommended for a position. | 
| 172 | (2)  A current or former governing board member may not be | 
| 173 | a member of the governing board nominating commission. A member | 
| 174 | of the governing board nominating commission may hold public | 
| 175 | office. A member of the governing board nominating commission is | 
| 176 | not eligible for appointment, during his or her term of office | 
| 177 | and for a period of 2 years thereafter, to any board for which | 
| 178 | the commission has the authority to make nominations. All acts | 
| 179 | of the governing board nominating commission must be made with a | 
| 180 | concurrence of a majority of its members. | 
| 181 | (3)  Members shall be appointed to the governing board | 
| 182 | nominating commission in the following manner: | 
| 183 | (a)  The Governor shall appoint three members for terms | 
| 184 | ending July 1, 2014. | 
| 185 | (b)  The President of the Senate shall appoint three | 
| 186 | members for terms ending July 1, 2013. | 
| 187 | (c)  The Speaker of the House of Representatives shall | 
| 188 | appoint three members for terms ending July 1, 2012. | 
| 189 | 
 | 
| 190 | Every subsequent appointment, except an appointment to fill a | 
| 191 | vacant, unexpired term, shall be for 4 years. Each expired term | 
| 192 | or vacancy shall be filled by appointment in the same manner as | 
| 193 | the member whose position is being filled. | 
| 194 | (4)  In making appointments, the Governor, the President of | 
| 195 | the Senate, and the Speaker of the House of Representatives | 
| 196 | shall seek to ensure that, to the extent possible, the | 
| 197 | membership of the governing board nominating commission reflects | 
| 198 | the racial, ethnic, and gender diversity of the state and shall | 
| 199 | also consider the adequacy of representation of each geographic | 
| 200 | region within the state. | 
| 201 | (5)  A member of the governing board nominating commission | 
| 202 | may be suspended for cause by the person who appointed him or | 
| 203 | her. | 
| 204 | (6)  The governing board nominating commission shall | 
| 205 | recommend appointments to the governing board of a water | 
| 206 | management district pursuant to s. 373.073. A quorum of the | 
| 207 | commission is necessary to take any action or transact any | 
| 208 | business. For purposes of this section, a majority of the | 
| 209 | commission members shall constitute a quorum. However, if a | 
| 210 | vacancy occurs, a majority of the total remaining commission | 
| 211 | members shall constitute a quorum. | 
| 212 | (7)  The Executive Office of the Governor shall provide all | 
| 213 | administrative support for the governing board nominating | 
| 214 | commission and shall adopt rules necessary to administer this | 
| 215 | section. | 
| 216 | Section 4.  Paragraph (e) is added to subsection (6) of | 
| 217 | section 373.089, Florida Statutes, to read: | 
| 218 | 373.089  Sale or exchange of lands, or interests or rights | 
| 219 | in lands.-The governing board of the district may sell lands, or | 
| 220 | interests or rights in lands, to which the district has acquired | 
| 221 | title or to which it may hereafter acquire title in the | 
| 222 | following manner: | 
| 223 | (6)  Any lands the title to which is vested in the | 
| 224 | governing board of a water management district may be surplused | 
| 225 | pursuant to the procedures set forth in this section and s. | 
| 226 | 373.056 and the following: | 
| 227 | (e)  For any lands for which title is vested in the | 
| 228 | governing board, the governing board shall conduct reviews to | 
| 229 | determine which lands are no longer needed for conservation and | 
| 230 | restoration purposes or no longer considered environmentally | 
| 231 | critical or sensitive and make such lands available for purchase | 
| 232 | so long as the property can be reentered onto the county ad | 
| 233 | valorem tax roll. | 
| 234 | Section 5.  Paragraph (c) of subsection (1) of section | 
| 235 | 112.3145, Florida Statutes, is amended to read: | 
| 236 | 112.3145  Disclosure of financial interests and clients | 
| 237 | represented before agencies.- | 
| 238 | (1)  For purposes of this section, unless the context | 
| 239 | otherwise requires, the term: | 
| 240 | (c)  "State officer" means: | 
| 241 | 1.  Any elected public officer, excluding those elected to | 
| 242 | the United States Senate and House of Representatives, not | 
| 243 | covered elsewhere in this part and any person who is appointed | 
| 244 | to fill a vacancy for an unexpired term in such an elective | 
| 245 | office. | 
| 246 | 2.  An appointed member of each board, commission, | 
| 247 | authority, or council having statewide jurisdiction, excluding a | 
| 248 | member of an advisory body. | 
| 249 | 3.  A member of the Board of Governors of the State | 
| 250 | University System or a state university board of trustees, the | 
| 251 | Chancellor and Vice Chancellors of the State University System, | 
| 252 | and the president of a state university. | 
| 253 | 4.  A member of the judicial nominating commission for any | 
| 254 | district court of appeal or any judicial circuit. | 
| 255 | 5.  A member of the water management district governing | 
| 256 | board nominating commission. | 
| 257 | Section 6.  Section 373.228, Florida Statutes, is amended | 
| 258 | to read: | 
| 259 | 373.228  Landscape irrigation design.- | 
| 260 | (1)  The Legislature finds that multiple areas throughout | 
| 261 | the state have been identified by water management districts as | 
| 262 | water resource caution areas, which indicates that in the near | 
| 263 | future water demand in those areas will exceed the current | 
| 264 | available water supply and that conservation is one of the | 
| 265 | mechanisms by which future water demand will be met. | 
| 266 | (2)  The Legislature finds that landscape irrigation | 
| 267 | comprises a significant portion of water use and that current | 
| 268 | typical landscape irrigation systems, andFlorida-friendly | 
| 269 | landscaping designs, and landscape irrigation restrictions offer | 
| 270 | significant potential water conservation benefits. | 
| 271 | (3)  It is the intent of the Legislature to improve | 
| 272 | landscape irrigation water use efficiency by ensuring that | 
| 273 | landscape irrigation systems meet or exceed minimum design | 
| 274 | criteria and that, pursuant to s. 373.609, the landscape | 
| 275 | irrigation restrictions of a water management district may be | 
| 276 | implemented by ordinance of the applicable local governments. | 
| 277 | (4)  The water management districts shall work with the | 
| 278 | Florida Nursery, Growers and Landscape Association, the Florida | 
| 279 | Native Plant Society, the Florida Chapter of the American | 
| 280 | Society of Landscape Architects, the Florida Irrigation Society, | 
| 281 | the Department of Agriculture and Consumer Services, the | 
| 282 | Institute of Food and Agricultural Sciences, the Department of | 
| 283 | Environmental Protection, the Department of Transportation, the | 
| 284 | Florida League of Cities, the Florida Association of Counties, | 
| 285 | and the Florida Association of Community Developers to develop | 
| 286 | landscape irrigation and Florida-friendly landscaping design | 
| 287 | standards for new construction which incorporate a landscape | 
| 288 | irrigation system and develop scientifically based model | 
| 289 | guidelines for urban, commercial, and residential landscape | 
| 290 | irrigation, including drip irrigation, for plants, trees, sod, | 
| 291 | and other landscaping. The standards must shallbe based on the | 
| 292 | irrigation code defined in the Florida Building Code, Plumbing | 
| 293 | Volume, Appendix F. Local governments shall use the standards | 
| 294 | and guidelines when developing landscape irrigation and Florida- | 
| 295 | friendly landscaping ordinances. By January 1, 2011, the | 
| 296 | agencies and entities specified in this subsection shall review | 
| 297 | the standards and guidelines to determine whether new research | 
| 298 | findings require a change or modification of the standards and | 
| 299 | guidelines. | 
| 300 | (5)  Local governments may adopt ordinances that implement | 
| 301 | landscape irrigation restrictions as set forth in water | 
| 302 | management district rules or orders. In evaluating water use | 
| 303 | applications from public water suppliers, water management | 
| 304 | districts shall consider whether the applicable local government | 
| 305 | has adopted an ordinance implementing such landscape irrigation | 
| 306 | restrictions and has adopted ordinances for landscaping and | 
| 307 | irrigation systems consistent with the Florida-friendly | 
| 308 | landscaping provisions of s. 373.185. | 
| 309 | Section 7.  Subsection (9) is added to section 373.246, | 
| 310 | Florida Statutes, to read: | 
| 311 | 373.246  Declaration of water shortage or emergency.- | 
| 312 | (9)  Local governments may adopt ordinances that implement | 
| 313 | water shortage and emergency orders under this section and s. | 
| 314 | 373.175. | 
| 315 | Section 8.  Section 298.66, Florida Statutes, is amended to | 
| 316 | read: | 
| 317 | 298.66  Obstruction of public drainage canals, etc., | 
| 318 | prohibited; damages; penalties.- | 
| 319 | (1)  A Noperson may not willfully, or otherwise, obstruct | 
| 320 | any public canal, drain, ditch or watercourse or damage or | 
| 321 | destroy any public drainage works constructed in any district. | 
| 322 | (2) (1)Any person whoshallwillfully obstructsobstruct  | 
| 323 | any public canal, drain, ditch, or watercourse or damages or | 
| 324 | destroys shall damage or destroyany public drainage works | 
| 325 | constructed in byany district,shall be liable to any person | 
| 326 | injured thereby for the full amount of the injury occasioned to | 
| 327 | any land or crops or other property by reason of such | 
| 328 | misconduct ,and shall be liable to the district constructing the | 
| 329 | drainage saidwork for double the cost of removing such | 
| 330 | obstruction or repairing such damage. | 
| 331 | (3) (2)Any person whoWhoever shallwillfully, or | 
| 332 | otherwise, obstructs obstructany public canal, drain, ditch, or | 
| 333 | watercourse, impedes or obstructs or impede or obstructthe flow | 
| 334 | of water therein, or damages or destroys shall damage or destroy  | 
| 335 | any public drainage works constructed in byany | 
| 336 | shall be guilty ofa felony of the third degree, punishable as | 
| 337 | provided in s. 775.082, s. 775.083, or s. 775.084. | 
| 338 | Section 9.  This act shall take effect July 1, 2010. |