November 17, 2019
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_h1407__
HB 1407

1
A bill to be entitled
2An act relating to water management district governing
3boards; creating s. 373.0725, F.S.; establishing a water
4management district governing board nominating commission;
5providing criteria for governing board member nominees;
6providing for the appointment of commission members by the
7Governor, the President of the Senate, and the Speaker of
8the House of Representatives; providing for terms and
9duties of commission members; requiring the Executive
10Office of the Governor to provide administrative support
11to the commission and to adopt rules; amending s. 373.086,
12F.S.; requiring governing boards to obtain legislative
13authorization for acquisition costs and professional
14service procurement costs in excess of specified amounts;
15amending s. 373.089, F.S.; requiring governing boards to
16review and make available for purchase specified lands;
17amending s. 373.139, F.S.; prohibiting the purchase of
18specified lands by a governing board unless deemed
19environmentally critical or sensitive by the Century
20Commission for a Sustainable Florida and authorized by the
21Legislature; amending s. 112.3145, F.S.; providing that
22members of the water management district governing board
23nominating commission are state officers for purposes of
24financial disclosure requirements; providing an effective
25date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Section 373.0725, Florida Statutes, is created
30to read:
31     373.0725  Water management district governing board
32nominating commission.-
33     (1)(a)  Members of each water management district governing
34board shall be nominated for appointment by a commission
35composed of 11 members.
36     (b)  Commission members shall submit to the Governor three
37recommended nominees for each district governing board position.
38Nominees must reside in the territorial jurisdiction of the
39governing board to which the commission will recommend
40appointments and must have significant experience in one or more
41of the following areas: agriculture, the development industry,
42local government, government-owned or privately owned water
43utilities, law, civil engineering, environmental science,
44hydrology, accounting, or finance.
45     (c)  The Governor shall select appointees from the list of
46nominees recommended for a position.
47     (2)  A current or former governing board member may not be
48a member of the governing board nominating commission. A member
49of the governing board nominating commission may hold public
50office. A member of the governing board nominating commission is
51not eligible for appointment, during his or her term of office
52and for a period of 2 years thereafter, to any board for which
53the commission has the authority to make nominations. All acts
54of the governing board nominating commission must be made with a
55concurrence of a majority of its members.
56     (3)  Members shall be appointed to the governing board
57nominating commission in the following manner:
58     (a)  The Governor shall appoint three members for terms
59ending July 1, 2014.
60     (b)  The President of the Senate shall appoint three
61members for terms ending July 1, 2013, and one member of the
62Senate who shall serve at the pleasure of the President of the
63Senate.
64     (c)  The Speaker of the House of Representatives shall
65appoint three members for terms ending July 1, 2012, and one
66member of the House of Representatives who shall serve at the
67pleasure of the Speaker of the House of Representatives.
68
69Every subsequent appointment, except the appointment of a member
70of the Senate and of the House of Representatives and an
71appointment to fill a vacant, unexpired term, shall be for 4
72years. Each expired term or vacancy shall be filled by
73appointment in the same manner as the member whose position is
74being filled.
75     (4)  In making appointments, the Governor, the President of
76the Senate, and the Speaker of the House of Representatives
77shall seek to ensure that, to the extent possible, the
78membership of the governing board nominating commission reflects
79the racial, ethnic, and gender diversity of the state and shall
80also consider the adequacy of representation of each geographic
81region within the state.
82     (5)  A member of the governing board nominating commission
83may be suspended for cause by the person who appointed him or
84her.
85     (6)  The governing board nominating commission shall
86recommend appointments to the governing board of a water
87management district pursuant to s. 373.073. A quorum of the
88commission is necessary to take any action or transact any
89business. For purposes of this section, a majority of the
90commission members shall constitute a quorum. However, if a
91vacancy occurs, a majority of the total remaining commission
92members shall constitute a quorum.
93     (7)  The Executive Office of the Governor shall provide all
94administrative support for the governing board nominating
95commission and shall adopt rules necessary to administer this
96section.
97     Section 2.  Subsection (4) is added to section 373.086,
98Florida Statutes, to read:
99     373.086  Providing for district works.-
100     (4)  The governing board must obtain specific legislative
101authorization for any acquisition costs in excess of $50 million
102and for any professional service procurement costs in excess of
103$5 million.
104     Section 3.  Paragraph (e) is added to subsection (6) of
105section 373.089, Florida Statutes, to read:
106     373.089  Sale or exchange of lands, or interests or rights
107in lands.-The governing board of the district may sell lands, or
108interests or rights in lands, to which the district has acquired
109title or to which it may hereafter acquire title in the
110following manner:
111     (6)  Any lands the title to which is vested in the
112governing board of a water management district may be surplused
113pursuant to the procedures set forth in this section and s.
114373.056 and the following:
115     (e)  For any lands for which title is vested in the
116governing board, the governing board shall conduct reviews to
117determine which lands are no longer needed for conservation and
118restoration purposes or no longer considered environmentally
119critical or sensitive and make such lands available for purchase
120so long as the property can be reentered onto the county ad
121valorem tax roll.
122     Section 4.  Paragraph (d) is added to subsection (3) of
123section 373.139, Florida Statutes, to read:
124     373.139  Acquisition of real property.-
125     (3)  The initial 5-year work plan and any subsequent
126modifications or additions thereto shall be adopted by each
127water management district after a public hearing. Each water
128management district shall provide at least 14 days' advance
129notice of the hearing date and shall separately notify each
130county commission within which a proposed work plan project or
131project modification or addition is located of the hearing date.
132     (d)  The governing board may not purchase lands appraised
133in excess of $50 million unless such lands are deemed
134environmentally critical or sensitive by the Century Commission
135for a Sustainable Florida and such purchase is specifically
136authorized by the Legislature.
137     Section 5.  Paragraph (c) of subsection (1) of section
138112.3145, Florida Statutes, is amended to read:
139     112.3145  Disclosure of financial interests and clients
140represented before agencies.-
141     (1)  For purposes of this section, unless the context
142otherwise requires, the term:
143     (c)  "State officer" means:
144     1.  Any elected public officer, excluding those elected to
145the United States Senate and House of Representatives, not
146covered elsewhere in this part and any person who is appointed
147to fill a vacancy for an unexpired term in such an elective
148office.
149     2.  An appointed member of each board, commission,
150authority, or council having statewide jurisdiction, excluding a
151member of an advisory body.
152     3.  A member of the Board of Governors of the State
153University System or a state university board of trustees, the
154Chancellor and Vice Chancellors of the State University System,
155and the president of a state university.
156     4.  A member of the judicial nominating commission for any
157district court of appeal or any judicial circuit.
158     5.  A member of the water management district governing
159board nominating commission.
160     Section 6.  This act shall take effect July 1, 2010.


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