October 15, 2019
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       Florida Senate - 2010                              CS for SB 142
       
       
       
       By the Committee on Governmental Oversight and Accountability;
       and Senators Baker and Dean
       
       
       
       585-04975-10                                           2010142c1
    1                        A bill to be entitled                      
    2         An act relating to water management districts;
    3         amending s. 298.66, F.S.; revising provisions relating
    4         to the obstruction of public canals and drainage
    5         works; amending s. 373.079, F.S.; revising the
    6         requirement that the district governing board delegate
    7         its authority to take final actions to the executive
    8         director; requiring the board to provide a process for
    9         referring denials to the board for final action;
   10         amending s. 373.083, F.S.; revising the board’s
   11         authority to delegate final actions to the executive
   12         director; amending s. 373.085, F.S.; requiring the
   13         districts and other governmental agencies to encourage
   14         public-private partnerships in order to promote water
   15         supply development and conservation of lands; amending
   16         s. 373.118, F.S.; requiring the board to provide a
   17         process for referring certain delegated actions to the
   18         governing board for final action; providing an
   19         effective date.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 298.66, Florida Statutes, is amended to
   24  read:
   25         298.66 Obstruction of drainage canals, etc., prohibited;
   26  damages; penalties.—
   27         (1) A No person may not willfully, or otherwise, obstruct
   28  any public canal, drain, ditch or watercourse or damage or
   29  destroy any public drainage works constructed in, or maintained
   30  by, a any district.
   31         (2)(1) Any person who shall willfully obstructs obstruct
   32  any public canal, drain, ditch or watercourse or damages or
   33  destroys shall damage or destroy any public drainage works
   34  constructed in, or maintained by, a any district is, shall be
   35  liable to any person injured thereby for the full amount of the
   36  injury occasioned to any land or crops or other property by
   37  reason of such misconduct, and is shall be liable to the
   38  district constructing the drainage said work for double the cost
   39  of removing the such obstruction or repairing the such damage.
   40         (3)(2)Any person who Whoever shall willfully, or
   41  otherwise, obstructs obstruct any public canal, drain, ditch, or
   42  watercourse, impedes or obstructs or impede or obstruct the flow
   43  of water therein, or damages or destroys shall damage or destroy
   44  any public drainage works constructed in, or maintained by, a
   45  any district commits shall be guilty of a felony of the third
   46  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   47  775.084.
   48         Section 2. Subsection (4) of section 373.079, Florida
   49  Statutes, is amended to read:
   50         373.079 Members of governing board; oath of office; staff.—
   51         (4)(a) The governing board of the district shall is
   52  authorized to employ:
   53         (a) An executive director, ombudsman, and such engineers,
   54  other professional persons, and other personnel and assistants
   55  as it deems necessary and under such terms and conditions as it
   56  may determine and to terminate such employment. The appointment
   57  of an executive director by the governing board is subject to
   58  approval by the Governor and must be initially confirmed by the
   59  Florida Senate. The governing board may delegate all or part of
   60  its authority under this paragraph to the executive director.
   61  However, the governing board shall delegate to the executive
   62  director all of its authority to take final action on permit
   63  applications under part II or part IV or petitions for variances
   64  or waivers of permitting requirements under part II or part IV,
   65  except for denials of such actions as provided in s. 373.083(5).
   66  The governing board must provide a process for referring the
   67  denial of such application or petition to the governing board
   68  for the purpose of taking final action. The executive director
   69  may execute such delegated authority through designated staff
   70  members. Such delegations are shall not be subject to the
   71  rulemaking under requirements of chapter 120. The executive
   72  director must be confirmed by the Senate upon employment and
   73  must be confirmed or reconfirmed by the Senate during the second
   74  regular session of the Legislature following a gubernatorial
   75  election.
   76         (b)1.The governing board of each water management district
   77  shall employ An inspector general, who shall report directly to
   78  the board. However, the governing boards of the Suwannee River
   79  Water Management District and the Northwest Florida Water
   80  Management District may jointly employ an inspector general, or
   81  provide for inspector general services by interagency agreement
   82  with a state agency or water management district inspector
   83  general.
   84         2. An inspector general must have the same qualifications
   85  prescribed and perform the applicable duties of state agency
   86  inspectors general as provided in s. 20.055.
   87         Section 3. Subsection (5) of section 373.083, Florida
   88  Statutes, is amended to read:
   89         373.083 General powers and duties of the governing board.
   90  In addition to other powers and duties allowed it by law, the
   91  governing board is authorized to:
   92         (5) Execute any of the powers, duties, and functions vested
   93  in the governing board through a member or members thereof, the
   94  executive director, or other district staff as designated by the
   95  governing board. The governing board may establish the scope and
   96  terms of any delegation. However, if the governing board
   97  delegates shall delegate to the executive director all of its
   98  authority to take final action on permit applications under part
   99  II or part IV or petitions for variances or waivers of
  100  permitting requirements under part II or part IV, and the
  101  executive director may execute such delegated authority through
  102  designated staff. Such delegations are shall not be subject to
  103  the rulemaking under requirements of chapter 120. However, the
  104  governing board must shall provide a process for referring a any
  105  denial of such application or petition to the governing board
  106  for the purpose of taking to take final action. Such process
  107  shall expressly prohibit any member of a governing board from
  108  intervening in any manner during the review of an application
  109  prior to such application being referred to the governing board
  110  for final action. The authority to delegate under in this
  111  subsection is supplemental to any other provision of this
  112  chapter granting authority to the governing board to delegate
  113  specific powers, duties, or functions.
  114         Section 4. Subsection (1) of section 373.085, Florida
  115  Statutes, is amended to read:
  116         373.085 Use of works or land by other districts or private
  117  persons.—
  118         (1) The governing board may has authority to prescribe the
  119  manner in which local works provided by other districts or by
  120  private persons will connect with and make use of the works or
  121  land of the district, to issue permits therefor, and to cancel
  122  the permits for noncompliance with the conditions thereof or for
  123  other cause. It is unlawful to connect with or make use of the
  124  works or land of the district without consent in writing from
  125  its governing board, and the board may has authority to prevent
  126  or, if done, estop or terminate the same. The use of the works
  127  or land of the district for access is governed by this section
  128  and is not subject to the provisions of s. 704.01. However, any
  129  land or works of the district which have historically been used
  130  for public access to the ocean by means of the North New River
  131  Canal and its tributaries may not be closed for this purpose
  132  unless the district can demonstrate that significant harm to the
  133  resource would result from such public use. In order to promote
  134  water quantity and resource development, projects that improve
  135  flood control, and the conservation of lands, the districts and
  136  other governmental agencies shall encourage public-private
  137  partnerships by collaborating, if possible, with those
  138  partnerships when procuring materials for infrastructure and
  139  restoration works, consistent with district and state
  140  procurement procedures.
  141         Section 5. Subsection (5) is added to section 373.118,
  142  Florida Statutes, to read:
  143         373.118 General permits; delegation.—
  144         (5)To improve efficiency, the governing board may delegate
  145  by rule its powers and duties pertaining to general permits to
  146  the executive director. The executive director may execute such
  147  delegated authority through designated staff. However, when
  148  delegating the authority to take final action on permit
  149  applications under part II or part IV or petitions for variances
  150  or waivers of permitting requirements under part II or part IV,
  151  the governing board must provide a process for referring a
  152  denial of such application or petition to the governing board
  153  for the purpose of taking final action. Such delegations are not
  154  subject to rulemaking under chapter 120.
  155         Section 6. This act shall take effect July 1, 2010.

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