| 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 |
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| 41 | Be It Enacted by the Legislature of the State of Florida: |
| 42 |
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| 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 district may 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 be composed of at least not less than three members, |
| 57 | including one or more representatives but |
| 58 | representative from 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 various basin board boards shall be appointed serve for |
| 62 | a period of 3 years or until a successor is appointed, but not |
| 63 | more than 180 days after the end of the term., except that The |
| 64 | board membership 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 of 1 year. The term of office of a basin board member |
| 69 | shall be construed to commence on March 2 preceding the date of |
| 70 | appointment and to terminate March 1 of the year of the end of a |
| 71 | term or may continue until 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 boards shall 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 other general or special law to 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 her absence 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 either by the chair or the |
| 119 | elected vice chair of the basin board or 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, and two 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 |
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| 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, and Florida-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 shall be 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 No person 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 who shall willfully obstructs obstruct |
| 323 | any public canal, drain, ditch, or watercourse or damages or |
| 324 | destroys shall damage or destroy any public drainage works |
| 325 | constructed in by any 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 said work for double the cost of removing such |
| 330 | obstruction or repairing such damage. |
| 331 | (3)(2) Any person who Whoever shall willfully, or |
| 332 | otherwise, obstructs obstruct any public canal, drain, ditch, or |
| 333 | watercourse, impedes or obstructs or impede or obstruct the flow |
| 334 | of water therein, or damages or destroys shall damage or destroy |
| 335 | any public drainage works constructed in by any |
| 336 | shall be guilty of a 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. |