November 22, 2019
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_h1407c1
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. 373.246, F.S.;
35authorizing local governments to adopt ordinances that
36implement specified water shortage and emergency orders;
37amending s. 298.66, F.S.; revising provisions prohibiting
38the obstruction of certain drainage works; providing an
39effective date.
40
41Be It Enacted by the Legislature of the State of Florida:
42
43     Section 1.  Subsections (1) through (7) of section
44373.0693, Florida Statutes, are amended to read:
45     373.0693  Basins; basin boards.-
46     (1)(a)  Any areas within a district may be designated by
47the district governing board as subdistricts or basins. The
48designations of such basins shall be made by resolution of the
49district governing board by resolutions thereof. The district
50governing board of the district may change the boundaries of
51such basins, or create new basins, by resolution.
52     (b)  No subdistrict or basin in the St. Johns River Water
53Management District other than established by this act shall
54become effective until approved by the Legislature.
55     (2)  Each basin shall be under the control of a basin board
56which shall be composed of at least not less than three members,
57including one or more representatives but
58representative from each of the counties included in the basin.
59     (3)  Except for a member of the district governing board
60serving on a basin board pursuant to subsection (6), each member
61of a the various basin board boards shall be appointed serve for
62a period of 3 years or until a successor is appointed, but not
63more than 180 days after the end of the term., except that The
64board membership of each new basin board shall be divided into
65three groups as equally as possible, with members in such groups
66to be appointed for 1, 2, and 3 years, respectively. Each basin
67board shall choose a vice chair and a secretary to serve for a
68period of 1 year. The term of office of a basin board member
69shall be construed to commence on March 2 preceding the date of
70appointment and to terminate March 1 of the year of the end of a
71term or may continue until a successor is appointed, but not
72more than 180 days after the end of the expired term. A member
73of the district governing board serving on a basin board
74pursuant to subsection (6) shall serve for a period commensurate
75with his or her term on the governing board.
76     (4)  Except for a member of the district governing board
77serving on a basin board pursuant to subsection (6), members of
78a basin board boards shall be appointed by the Governor, subject
79to confirmation by the Senate at the next regular session of the
80Legislature,; and the refusal or failure of the Senate to
81confirm an appointment shall create a vacancy in the office to
82which the appointment was made.
83     (5)  Basin board members shall serve without receive no
84compensation for services as such; but are entitled to
85reimbursement for per diem and travel expenses as provided in s.
86112.061, while officially on work for the district, they shall
87receive their actual travel expenses between their respective
88places of residence and the place where official district
89business is conducted, subsistence, lodging, and other expenses
90in the amount actually incurred. These expenses may not exceed
91the statutory amount allowed state officers and employees. This
92subsection applies retroactively to the effective date of the
93creation of each of the five separate water management
94districts.
95     (6)(a)  Notwithstanding any other provision of the
96provisions of any other general or special law to the contrary,
97a member of the district governing board of the district
98residing in the basin or, if no member resides in the basin, a
99member of the district governing board designated by the chair
100of the district governing board shall be a voting member of the
101basin board and counted for purposes of establishing a quorum.
102     (b)  A governing board member shall serve as the chair of
103the basin board. If more than one governing board member is  
104designated to a basin board, each shall rotate as co-chair of
105the basin board. The chair or co-chair shall preside at all
106meetings of the basin board, except that the vice chair may
107preside in the his or her absence of the chair and co-chair. The
108chair shall be the liaison officer of the district in all
109affairs in the basin and shall be kept informed of all such
110affairs.
111     (c)  If a vacancy occurs on a basin board, a quorum of the
112total remaining members of the basin board may continue to
113transact official business until a successor is appointed.
114     (d)(b)  Basin boards within the Southwest Florida Water
115Management District shall meet regularly as determined by a
116majority vote of the basin board members. Subject to notice
117requirements of chapter 120, special meetings, both emergency
118and nonemergency, may be called either by the chair or the
119elected vice chair of the basin board or upon request of two
120basin board members. The district staff shall include on the
121agenda of any basin board meeting any item for discussion or
122action requested by a member of that basin board. The district
123staff shall notify any basin board, as well as their respective
124counties, of any vacancies occurring in the district governing
125board or their respective basin boards.
126     (7)  At 11:59 p.m. on December 31, 1976, the Manasota
127Watershed Basin of the Ridge and Lower Gulf Coast Water
128Management District, which is annexed to the Southwest Florida
129Water Management District by change of its boundaries pursuant
130to chapter 76-243, Laws of Florida, shall be formed into a
131subdistrict or basin of the Southwest Florida Water Management
132District, subject to the same provisions as the other basins in
133such district. Such subdistrict shall be designated initially as
134the Manasota Basin. The members of the governing board of the
135Manasota Watershed Basin of the Ridge and Lower Gulf Coast Water
136Management District shall become members of the governing board
137of the Manasota Basin of the Southwest Florida Water Management
138District. Notwithstanding other provisions in this section,
139beginning on July 1, 2010 2001, the membership of the Manasota
140Basin Board shall be comprised of two members from Manatee
141County, and two members from Sarasota County, and a member of
142the district governing board designated by the chair of the
143district governing board pursuant to subsection (6). Matters
144relating to tie votes shall be resolved pursuant to subsection
145(6) by the chair designated by the governing board to vote in
146case of a tie vote.
147     Section 2.  Subsection (5) is added to section 373.171,
148Florida Statutes, to read:
149     373.171  Rules.-
150     (5)  Cooperative funding programs are not subject to the
151rulemaking requirements of chapter 120. However, any portion of
152an approved program which affects the substantial interests of a
153party shall be subject to s. 120.569.
154     Section 3.  Section 373.0725, Florida Statutes, is created
155to read:
156     373.0725  Water management district governing board
157nominating commission.-
158     (1)(a)  Members of each water management district governing
159board shall be nominated for appointment by a commission
160composed of nine members.
161     (b)  Commission members shall submit to the Governor three
162recommended nominees for each district governing board position.
163Nominees must reside in the territorial jurisdiction of the
164governing board to which the commission will recommend
165appointments and must have significant experience in one or more
166of the following areas: agriculture, the development industry,
167local government, government-owned or privately owned water
168utilities, law, civil engineering, environmental science,
169hydrology, accounting, finance, or professional landscaping.
170     (c)  The Governor shall select appointees from the list of
171nominees recommended for a position.
172     (2)  A current or former governing board member may not be
173a member of the governing board nominating commission. A member
174of the governing board nominating commission may hold public
175office. A member of the governing board nominating commission is
176not eligible for appointment, during his or her term of office
177and for a period of 2 years thereafter, to any board for which
178the commission has the authority to make nominations. All acts
179of the governing board nominating commission must be made with a
180concurrence of a majority of its members.
181     (3)  Members shall be appointed to the governing board
182nominating commission in the following manner:
183     (a)  The Governor shall appoint three members for terms
184ending July 1, 2014.
185     (b)  The President of the Senate shall appoint three
186members for terms ending July 1, 2013.
187     (c)  The Speaker of the House of Representatives shall
188appoint three members for terms ending July 1, 2012.
189
190Every subsequent appointment, except an appointment to fill a
191vacant, unexpired term, shall be for 4 years. Each expired term
192or vacancy shall be filled by appointment in the same manner as
193the member whose position is being filled.
194     (4)  In making appointments, the Governor, the President of
195the Senate, and the Speaker of the House of Representatives
196shall seek to ensure that, to the extent possible, the
197membership of the governing board nominating commission reflects
198the racial, ethnic, and gender diversity of the state and shall
199also consider the adequacy of representation of each geographic
200region within the state.
201     (5)  A member of the governing board nominating commission
202may be suspended for cause by the person who appointed him or
203her.
204     (6)  The governing board nominating commission shall
205recommend appointments to the governing board of a water
206management district pursuant to s. 373.073. A quorum of the
207commission is necessary to take any action or transact any
208business. For purposes of this section, a majority of the
209commission members shall constitute a quorum. However, if a
210vacancy occurs, a majority of the total remaining commission
211members shall constitute a quorum.
212     (7)  The Executive Office of the Governor shall provide all
213administrative support for the governing board nominating
214commission and shall adopt rules necessary to administer this
215section.
216     Section 4.  Paragraph (e) is added to subsection (6) of
217section 373.089, Florida Statutes, to read:
218     373.089  Sale or exchange of lands, or interests or rights
219in lands.-The governing board of the district may sell lands, or
220interests or rights in lands, to which the district has acquired
221title or to which it may hereafter acquire title in the
222following manner:
223     (6)  Any lands the title to which is vested in the
224governing board of a water management district may be surplused
225pursuant to the procedures set forth in this section and s.
226373.056 and the following:
227     (e)  For any lands for which title is vested in the
228governing board, the governing board shall conduct reviews to
229determine which lands are no longer needed for conservation and
230restoration purposes or no longer considered environmentally
231critical or sensitive and make such lands available for purchase
232so long as the property can be reentered onto the county ad
233valorem tax roll.
234     Section 5.  Paragraph (c) of subsection (1) of section
235112.3145, Florida Statutes, is amended to read:
236     112.3145  Disclosure of financial interests and clients
237represented before agencies.-
238     (1)  For purposes of this section, unless the context
239otherwise requires, the term:
240     (c)  "State officer" means:
241     1.  Any elected public officer, excluding those elected to
242the United States Senate and House of Representatives, not
243covered elsewhere in this part and any person who is appointed
244to fill a vacancy for an unexpired term in such an elective
245office.
246     2.  An appointed member of each board, commission,
247authority, or council having statewide jurisdiction, excluding a
248member of an advisory body.
249     3.  A member of the Board of Governors of the State
250University System or a state university board of trustees, the
251Chancellor and Vice Chancellors of the State University System,
252and the president of a state university.
253     4.  A member of the judicial nominating commission for any
254district court of appeal or any judicial circuit.
255     5.  A member of the water management district governing
256board nominating commission.
257     Section 6.  Section 373.228, Florida Statutes, is amended
258to read:
259     373.228  Landscape irrigation design.-
260     (1)  The Legislature finds that multiple areas throughout
261the state have been identified by water management districts as
262water resource caution areas, which indicates that in the near
263future water demand in those areas will exceed the current
264available water supply and that conservation is one of the
265mechanisms by which future water demand will be met.
266     (2)  The Legislature finds that landscape irrigation
267comprises a significant portion of water use and that current
268typical landscape irrigation systems, and Florida-friendly
269landscaping designs, and landscape irrigation restrictions offer
270significant potential water conservation benefits.
271     (3)  It is the intent of the Legislature to improve
272landscape irrigation water use efficiency by ensuring that
273landscape irrigation systems meet or exceed minimum design
274criteria and that, pursuant to s. 373.609, the landscape
275irrigation restrictions of a water management district may be
276implemented by ordinance of the applicable local governments.
277     (4)  The water management districts shall work with the
278Florida Nursery, Growers and Landscape Association, the Florida
279Native Plant Society, the Florida Chapter of the American
280Society of Landscape Architects, the Florida Irrigation Society,
281the Department of Agriculture and Consumer Services, the
282Institute of Food and Agricultural Sciences, the Department of
283Environmental Protection, the Department of Transportation, the
284Florida League of Cities, the Florida Association of Counties,
285and the Florida Association of Community Developers to develop
286landscape irrigation and Florida-friendly landscaping design
287standards for new construction which incorporate a landscape
288irrigation system and develop scientifically based model
289guidelines for urban, commercial, and residential landscape
290irrigation, including drip irrigation, for plants, trees, sod,
291and other landscaping. The standards must shall be based on the
292irrigation code defined in the Florida Building Code, Plumbing
293Volume, Appendix F. Local governments shall use the standards
294and guidelines when developing landscape irrigation and Florida-
295friendly landscaping ordinances. By January 1, 2011, the
296agencies and entities specified in this subsection shall review
297the standards and guidelines to determine whether new research
298findings require a change or modification of the standards and
299guidelines.
300     (5)  Local governments may adopt ordinances that implement
301landscape irrigation restrictions as set forth in water
302management district rules or orders. In evaluating water use
303applications from public water suppliers, water management
304districts shall consider whether the applicable local government
305has adopted an ordinance implementing such landscape irrigation
306restrictions and has adopted ordinances for landscaping and
307irrigation systems consistent with the Florida-friendly
308landscaping provisions of s. 373.185.
309     Section 7.  Subsection (9) is added to section 373.246,
310Florida Statutes, to read:
311     373.246  Declaration of water shortage or emergency.-
312     (9)  Local governments may adopt ordinances that implement
313water shortage and emergency orders under this section and s.
314373.175.
315     Section 8.  Section 298.66, Florida Statutes, is amended to
316read:
317     298.66  Obstruction of public drainage canals, etc.,
318prohibited; damages; penalties.-
319     (1)  A No person may not willfully, or otherwise, obstruct
320any public canal, drain, ditch or watercourse or damage or
321destroy any public drainage works constructed in any district.
322     (2)(1)  Any person who shall willfully obstructs obstruct
323any public canal, drain, ditch, or watercourse or damages or
324destroys shall damage or destroy any public drainage works
325constructed in by any district, shall be liable to any person
326injured thereby for the full amount of the injury occasioned to
327any land or crops or other property by reason of such
328misconduct, and shall be liable to the district constructing the
329drainage said work for double the cost of removing such
330obstruction or repairing such damage.
331     (3)(2)  Any person who Whoever shall willfully, or
332otherwise, obstructs obstruct any public canal, drain, ditch, or
333watercourse, impedes or obstructs or impede or obstruct the flow
334of water therein, or damages or destroys shall damage or destroy
335any public drainage works constructed in by any
336shall be guilty of a felony of the third degree, punishable as
337provided in s. 775.082, s. 775.083, or s. 775.084.
338     Section 9.  This act shall take effect July 1, 2010.


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