October 23, 2019
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       Florida Senate - 2010                                     SB 142
       
       
       
       By Senator Baker
       
       
       
       
       20-00042-10                                            2010142__
    1                        A bill to be entitled                      
    2         An act relating to water management districts;
    3         amending s. 373.079, F.S.; deleting the requirement
    4         that the district governing board delegate its
    5         authority to take final actions; amending s. 373.083,
    6         F.S.; deleting the restriction against reviewing
    7         delegations by the board under ch. 120, F.S.; amending
    8         s. 373.118, F.S.; requiring the board to provide a
    9         process for referring certain delegated actions to the
   10         governing board for final action; providing an
   11         effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (4) of section 373.079, Florida
   16  Statutes, is amended to read:
   17         373.079 Members of governing board; oath of office; staff.—
   18         (4)(a) The governing board of the district shall is
   19  authorized to employ:
   20         (a) An executive director, ombudsman, and such engineers,
   21  other professional persons, and other personnel and assistants
   22  as it deems necessary and under such terms and conditions as it
   23  may determine and to terminate such employment. The appointment
   24  of an executive director by the governing board is subject to
   25  approval by the Governor and must be initially confirmed by the
   26  Florida Senate. The governing board may delegate all or part of
   27  its authority under this paragraph to the executive director.
   28  However, the governing board shall delegate to the executive
   29  director all of its authority to take final action on permit
   30  applications under part II or part IV or petitions for variances
   31  or waivers of permitting requirements under part II or part IV,
   32  except for denials of such actions as provided in s. 373.083(5).
   33  The executive director may execute such delegated authority
   34  through designated staff members. Such delegations shall not be
   35  subject to the rulemaking requirements of chapter 120. The
   36  executive director must be confirmed by the Senate upon
   37  employment and must be confirmed or reconfirmed by the Senate
   38  during the second regular session of the Legislature following a
   39  gubernatorial election.
   40         (b)1.The governing board of each water management district
   41  shall employ An inspector general, who shall report directly to
   42  the board. However, the governing boards of the Suwannee River
   43  Water Management District and the Northwest Florida Water
   44  Management District may jointly employ an inspector general, or
   45  provide for inspector general services by interagency agreement
   46  with a state agency or water management district inspector
   47  general.
   48         2. An inspector general must have the same qualifications
   49  prescribed and perform the applicable duties of state agency
   50  inspectors general as provided in s. 20.055.
   51         Section 2. Subsection (5) of section 373.083, Florida
   52  Statutes, is amended to read:
   53         373.083 General powers and duties of the governing board.
   54  In addition to other powers and duties allowed it by law, the
   55  governing board is authorized to:
   56         (5) Execute any of the powers, duties, and functions vested
   57  in the governing board through a member or members thereof, the
   58  executive director, or other district staff as designated by the
   59  governing board. The governing board may establish the scope and
   60  terms of any delegation. However, if the governing board
   61  delegates shall delegate to the executive director all of its
   62  authority to take final action on permit applications under part
   63  II or part IV or petitions for variances or waivers of
   64  permitting requirements under part II or part IV, and the
   65  executive director may execute such delegated authority through
   66  designated staff. Such delegations shall not be subject to the
   67  rulemaking requirements of chapter 120. However, the governing
   68  board must shall provide a process for referring a any denial of
   69  such application or petition to the governing board for the
   70  purpose of taking to take final action. Such process shall
   71  expressly prohibit any member of a governing board from
   72  intervening in any manner during the review of an application
   73  prior to such application being referred to the governing board
   74  for final action. The authority to delegate under in this
   75  subsection is supplemental to any other provision of this
   76  chapter granting authority to the governing board to delegate
   77  specific powers, duties, or functions.
   78         Section 3. Subsection (5) is added to section 373.118,
   79  Florida Statutes, to read:
   80         373.118 General permits; delegation.—
   81         (5)To improve efficiency, the governing board may delegate
   82  by rule its powers and duties pertaining to general permits to
   83  the executive director. The executive director may execute such
   84  delegated authority through designated staff. However, when
   85  delegating the authority to take final action on permit
   86  applications under part II or part IV or petitions for variances
   87  or waivers of permitting requirements under part II or part IV,
   88  the governing board must provide a process for referring a
   89  denial of such application or petition to the governing board
   90  for the purpose of taking final action.
   91         Section 4. This act shall take effect July 1, 2010.

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