CS/CS for HB 1407, HB 1367 & HB 1605

1
A bill to be entitled
2An act relating to water management districts; amending s.
3373.0693, F.S.; revising provisions relating to the
4membership of basin boards; specifying the terms of
5service for basin board members designated by district
6governing board chairs; providing that basin board members
7designated by district governing board chairs are voting
8members and counted for quorum purposes; providing for
9designated district governing board members to serve as
10basin board chairs and co-chairs; authorizing basin boards
11to transact official business under certain conditions;
12revising provisions relating to the membership of the
13Manasota Basin Board; providing for the designation of a
14member of the district governing board to serve on the
15basin board; amending s. 373.171, F.S.; exempting
16cooperative funding programs from certain rulemaking
17requirements; creating s. 373.0725, F.S.; establishing a
18water management district governing board nominating
19commission; providing criteria for governing board member
20nominees; providing for the appointment of commission
21members by the Governor, the President of the Senate, and
22the Speaker of the House of Representatives; providing for
23terms and duties of commission members; requiring the
24Executive Office of the Governor to provide administrative
25support to the commission and to adopt rules; amending s.
26373.089, F.S.; requiring governing boards to review and
27make available for purchase specified lands; amending s.
28112.3145, F.S.; providing that members of the water
29management district governing board nominating commission
30are state officers for purposes of financial disclosure
31requirements; amending s. 373.228, F.S.; revising
32provisions relating to the authority of local governments
33to adopt and implement, by ordinance, specified landscape
34irrigation restrictions; amending s. 298.66, F.S.;
35revising provisions prohibiting the obstruction of certain
36drainage works; providing an effective date.
37
38Be It Enacted by the Legislature of the State of Florida:
39
40     Section 1.  Subsections (1) through (7) of section
41373.0693, Florida Statutes, are amended to read:
42     373.0693  Basins; basin boards.-
43     (1)(a)  Any areas within a district may be designated by
44the district governing board as subdistricts or basins. The
45designations of such basins shall be made by resolution of the
46district governing board by resolutions thereof. The district
47governing board of the district may change the boundaries of
48such basins, or create new basins, by resolution.
49     (b)  No subdistrict or basin in the St. Johns River Water
50Management District other than established by this act shall
51become effective until approved by the Legislature.
52     (2)  Each basin shall be under the control of a basin board
53which shall be composed of at least not less than three members,
54including one or more representatives but shall include one
55representative from each of the counties included in the basin.
56     (3)  Except for a member of the district governing board
57serving on a basin board pursuant to subsection (6), each member
58of a the various basin board boards shall be appointed serve for
59a period of 3 years or until a successor is appointed, but not
60more than 180 days after the end of the term., except that The
61board membership of each new basin board shall be divided into
62three groups as equally as possible, with members in such groups
63to be appointed for 1, 2, and 3 years, respectively. Each basin
64board shall choose a vice chair and a secretary to serve for a
65period of 1 year. The term of office of a basin board member
66shall be construed to commence on March 2 preceding the date of
67appointment and to terminate March 1 of the year of the end of a
68term or may continue until a successor is appointed, but not
69more than 180 days after the end of the expired term. A member
70of the district governing board serving on a basin board
71pursuant to subsection (6) shall serve for a period commensurate
72with his or her term on the governing board.
73     (4)  Except for a member of the district governing board
74serving on a basin board pursuant to subsection (6), members of
75a basin board boards shall be appointed by the Governor, subject
76to confirmation by the Senate at the next regular session of the
77Legislature,; and the refusal or failure of the Senate to
78confirm an appointment shall create a vacancy in the office to
79which the appointment was made.
80     (5)  Basin board members shall serve without receive no
81compensation for services as such; but are entitled to
82reimbursement for per diem and travel expenses as provided in s.
83112.061, while officially on work for the district, they shall
84receive their actual travel expenses between their respective
85places of residence and the place where official district
86business is conducted, subsistence, lodging, and other expenses
87in the amount actually incurred. These expenses may not exceed
88the statutory amount allowed state officers and employees. This
89subsection applies retroactively to the effective date of the
90creation of each of the five separate water management
91districts.
92     (6)(a)  Notwithstanding any other provision of the
93provisions of any other general or special law to the contrary,
94a member of the district governing board of the district
95residing in the basin or, if no member resides in the basin, a
96member of the district governing board designated by the chair
97of the district governing board shall be a voting member of the
98basin board and counted for purposes of establishing a quorum.
99     (b)  A governing board member shall serve as the chair of
100the basin board. If more than one governing board member is  
101designated to a basin board, each shall rotate as co-chair of
102the basin board. The chair or co-chair shall preside at all
103meetings of the basin board, except that the vice chair may
104preside in the his or her absence of the chair and co-chair. The
105chair shall be the liaison officer of the district in all
106affairs in the basin and shall be kept informed of all such
107affairs.
108     (c)  If a vacancy occurs on a basin board, a quorum of the
109total remaining members of the basin board may continue to
110transact official business until a successor is appointed.
111     (d)(b)  Basin boards within the Southwest Florida Water
112Management District shall meet regularly as determined by a
113majority vote of the basin board members. Subject to notice
114requirements of chapter 120, special meetings, both emergency
115and nonemergency, may be called either by the chair or the
116elected vice chair of the basin board or upon request of two
117basin board members. The district staff shall include on the
118agenda of any basin board meeting any item for discussion or
119action requested by a member of that basin board. The district
120staff shall notify any basin board, as well as their respective
121counties, of any vacancies occurring in the district governing
122board or their respective basin boards.
123     (7)  At 11:59 p.m. on December 31, 1976, the Manasota
124Watershed Basin of the Ridge and Lower Gulf Coast Water
125Management District, which is annexed to the Southwest Florida
126Water Management District by change of its boundaries pursuant
127to chapter 76-243, Laws of Florida, shall be formed into a
128subdistrict or basin of the Southwest Florida Water Management
129District, subject to the same provisions as the other basins in
130such district. Such subdistrict shall be designated initially as
131the Manasota Basin. The members of the governing board of the
132Manasota Watershed Basin of the Ridge and Lower Gulf Coast Water
133Management District shall become members of the governing board
134of the Manasota Basin of the Southwest Florida Water Management
135District. Notwithstanding other provisions in this section,
136beginning on July 1, 2010 2001, the membership of the Manasota
137Basin Board shall be comprised of two members from Manatee
138County, and two members from Sarasota County, and a member of
139the district governing board designated by the chair of the
140district governing board pursuant to subsection (6). Matters
141relating to tie votes shall be resolved pursuant to
142(6) by the chair designated by the governing board to
143case of a tie vote.
144     Section 2.  Subsection (5) is added to section 373.171,
145Florida Statutes, to read:
146     373.171  Rules.-
147     (5)  Cooperative funding programs are not subject to the
148rulemaking requirements of chapter 120. However, any portion of
149an approved program which affects the substantial interests of a
150party shall be subject to s. 120.569.
151     Section 3.  Section 373.0725, Florida Statutes, is created
152to read:
153     373.0725  Water management district governing board
154nominating commission.-
155     (1)(a)  Members of each water management district governing
156board shall be nominated for appointment by a commission
157composed of nine members.
158     (b)  Commission members shall submit to the Governor three
159recommended nominees for each district governing board position.
160Nominees must reside in the territorial jurisdiction of the
161governing board to which the commission will recommend
162appointments and must have significant experience in one or more
163of the following areas: agriculture, the development industry,
164local government, government-owned or privately owned water
165utilities, law, civil engineering, environmental science,
166hydrology, accounting, finance, or professional landscaping.
167     (c)  The Governor shall select appointees from the list of
168nominees recommended for a position.
169     (2)  A current or former governing board member may not be
170a member of the governing board nominating commission. A member
171of the governing board nominating commission may hold public
172office. A member of the governing board nominating commission is
173not eligible for appointment, during his or her term of office
174and for a period of 2 years thereafter, to any board for which
175the commission has the authority to make nominations. All acts
176of the governing board nominating commission must be made with a
177concurrence of a majority of its members.
178     (3)  Members shall be appointed to the governing board
179nominating commission in the following manner:
180     (a)  The Governor shall appoint three members for terms
181ending July 1, 2014.
182     (b)  The President of the Senate shall appoint three
183members for terms ending July 1, 2013.
184     (c)  The Speaker of the House of Representatives shall
185appoint three members for terms ending July 1, 2012.
186
187Every subsequent appointment, except an appointment to fill a
188vacant, unexpired term, shall be for 4 years. Each expired term
189or vacancy shall be filled by appointment in the same manner as
190the member whose position is being filled.
191     (4)  In making appointments, the Governor, the President of
192the Senate, and the Speaker of the House of Representatives
193shall seek to ensure that, to the extent possible, the
194membership of the governing board nominating commission reflects
195the racial, ethnic, and gender diversity of the state and shall
196also consider the adequacy of representation of each geographic
197region within the state.
198     (5)  A member of the governing board nominating commission
199may be suspended for cause by the person who appointed him or
200her.
201     (6)  The governing board nominating commission shall
202recommend appointments to the governing board of a water
203management district pursuant to s. 373.073. A quorum of the
204commission is necessary to take any action or transact any
205business. For purposes of this section, a majority of the
206commission members shall constitute a quorum. However, if a
207vacancy occurs, a majority of the total remaining commission
208members shall constitute a quorum.
209     (7)  The Executive Office of the Governor shall provide all
210administrative support for the governing board nominating
211commission and shall adopt rules necessary to administer this
212section.
213     Section 4.  Paragraph (e) is added to subsection (6) of
214section 373.089, Florida Statutes, to read:
215     373.089  Sale or exchange of lands, or interests or rights
216in lands.-The governing board of the district may sell lands, or
217interests or rights in lands, to which the district has acquired
218title or to which it may hereafter acquire title in the
219following manner:
220     (6)  Any lands the title to which is vested in the
221governing board of a water management district may be surplused
222pursuant to the procedures set forth in this section and s.
223373.056 and the following:
224     (e)  For any lands for which title is vested in the
225governing board, the governing board shall conduct reviews to
226determine which lands are no longer needed for conservation and
227restoration purposes or no longer considered environmentally
228critical or sensitive and make such lands available for purchase
229so long as the property can be reentered onto the county ad
230valorem tax roll.
231     Section 5.  Paragraph (c) of subsection (1) of section
232112.3145, Florida Statutes, is amended to read:
233     112.3145  Disclosure of financial interests and clients
234represented before agencies.-
235     (1)  For purposes of this section, unless the context
236otherwise requires, the term:
237     (c)  "State officer" means:
238     1.  Any elected public officer, excluding those elected to
239the United States Senate and House of Representatives, not
240covered elsewhere in this part and any person who is appointed
241to fill a vacancy for an unexpired term in such an elective
242office.
243     2.  An appointed member of each board, commission,
244authority, or council having statewide jurisdiction, excluding a
245member of an advisory body.
246     3.  A member of the Board of Governors of the State
247University System or a state university board of trustees, the
248Chancellor and Vice Chancellors of the State University System,
249and the president of a state university.
250     4.  A member of the judicial nominating commission for any
251district court of appeal or any judicial circuit.
252     5.  A member of the water management district governing
253board nominating commission.
254     Section 6.  Section 373.228, Florida Statutes, is amended
255to read:
256     373.228  Landscape irrigation design.-
257     (1)  The Legislature finds that multiple areas throughout
258the state have been identified by water management districts as
259water resource caution areas, which indicates that in the near
260future water demand in those areas will exceed the current
261available water supply and that conservation is one of the
262mechanisms by which future water demand will be met.
263     (2)  The Legislature finds that landscape irrigation
264comprises a significant portion of water use and that current
265typical landscape irrigation systems, and Florida-friendly
266landscaping designs, and landscape irrigation restrictions offer
267significant potential water conservation benefits.
268     (3)  It is the intent of the Legislature to improve
269landscape irrigation water use efficiency by ensuring that
270landscape irrigation systems meet or exceed minimum design
271criteria and that, pursuant to s. 373.609, the landscape
272irrigation restrictions of a water management district may be
273implemented by ordinance of the applicable local governments.
274     (4)  The water management districts shall work with the
275Florida Nursery, Growers and Landscape Association, the Florida
276Native Plant Society, the Florida Chapter of the American
277Society of Landscape Architects, the Florida Irrigation Society,
278the Department of Agriculture and Consumer Services, the
279Institute of Food and Agricultural Sciences, the Department of
280Environmental Protection, the Department of Transportation, the
281Florida League of Cities, the Florida Association of Counties,
282and the Florida Association of Community Developers to develop
283landscape irrigation and Florida-friendly landscaping design
284standards for new construction which incorporate a landscape
285irrigation system and develop scientifically based model
286guidelines for urban, commercial, and residential landscape
287irrigation, including drip irrigation, for plants, trees, sod,
288and other landscaping. The standards must shall be based on the
289irrigation code defined in the Florida Building Code, Plumbing
290Volume, Appendix F. Local governments shall use the standards
291and guidelines when developing landscape irrigation and Florida-
292friendly landscaping ordinances. By January 1, 2011, the
293agencies and entities specified in this subsection shall review
294the standards and guidelines to determine whether new research
295findings require a change or modification of the standards and
296guidelines.
297     (5)  Notwithstanding s. 373.217, local governments may
298adopt ordinances that implement landscape irrigation
299restrictions set forth in water management district rules or
300orders. In evaluating water use applications from public water
301suppliers, water management districts shall consider whether the
302applicable local government has adopted ordinances for
303landscaping and irrigation systems consistent with the Florida-
304friendly landscaping provisions of s. 373.185.
305     Section 7.  Section 298.66, Florida Statutes, is amended to
306read:
307     298.66  Obstruction of public drainage canals, etc.,
308prohibited; damages; penalties.-
309     (1)  A No person may not willfully, or otherwise, obstruct
310any public canal, drain, ditch or watercourse or damage or
311destroy any public drainage works constructed in any district.
312     (2)(1)  Any person who shall willfully obstructs obstruct
313any public canal, drain, ditch, or watercourse or damages or
314destroys shall damage or destroy any public drainage works
315constructed in by any district, shall be liable to any person
316injured thereby for the full amount of the injury occasioned to
317any land or crops or other property by reason of such
318misconduct, and shall be liable to the district constructing the
319drainage said work for double the cost of removing such
320obstruction or repairing such damage.
321     (3)(2)  Any person who Whoever shall willfully, or
322otherwise, obstructs obstruct any public canal, drain, ditch, or
323watercourse, impedes or obstructs or impede or obstruct the flow
324of water therein, or damages or destroys shall damage or destroy
325any public drainage works constructed in by any district commits
326shall be guilty of a felony of the third degree, punishable as
327provided in s. 775.082, s. 775.083, or s. 775.084.
328     Section 8.  This act shall take effect July 1, 2010.


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