Florida Senate - 2010                                    SB 1952
       By Senator Detert
       23-00959E-10                                          20101952__
    1                        A bill to be entitled                      
    2         An act relating to water resources; amending s.
    3         373.0693, F.S.; revising the requirements for
    4         membership on a basin board and the Manasota Basin
    5         Board; deleting obsolete provisions; amending s.
    6         373.171, F.S.; specifying that cooperative funding
    7         programs are not subject to rulemaking; providing an
    8         effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Subsections (2) through (7) of section 373.0693,
   13  Florida Statutes, are amended to read:
   14         373.0693 Basins; basin boards.—
   15         (2) Each basin shall be under the control of a basin board
   16  which shall be composed of at least not less than three members,
   17  including one or more representatives but shall include one
   18  representative from each of the counties included in the basin.
   19         (3) Except for a member of the district governing board
   20  serving pursuant to subsection (6), each member of a the various
   21  basin board boards shall be appointed serve for a period of 3
   22  years or until a successor is appointed, but not more than 180
   23  days after the end of the term. If a successor is not appointed
   24  within 180 days, a quorum of the total remaining members of the
   25  basin board may continue to transact official business until a
   26  successor is appointed., except that The board membership of
   27  each new basin board shall be divided into three groups as
   28  equally as possible, with members in such groups to be appointed
   29  for 1, 2, and 3 years, respectively. Except for a member of the
   30  district governing board serving on a basin board pursuant to
   31  subsection (6), the members of each basin board shall choose a
   32  vice chair and a secretary to serve for a period of 1 year. The
   33  term of office of a basin board member commences shall be
   34  construed to commence on March 2 preceding the date of
   35  appointment and terminates to terminate March 1 of the year of
   36  the end of a term or may continue until a successor is
   37  appointed, but not more than 180 days after the end of the
   38  expired term. The term of a member of the district governing
   39  board serving on the basin board is the same as his or her term
   40  of service on the governing board.
   41         (4) Except for a member of the district governing board
   42  serving on the basin board pursuant to subsection (6), members
   43  of a basin board boards shall be appointed by the Governor,
   44  subject to confirmation by the Senate at the next regular
   45  session of the Legislature; and the refusal or failure of the
   46  Senate to confirm an appointment creates shall create a vacancy
   47  in the office to which the appointment was made.
   48         (5) Basin board members shall serve without receive no
   49  compensation for services as such; but are entitled to
   50  reimbursement for per diem and travel expenses as provided in s.
   51  112.061, while officially on work for the district, they shall
   52  receive their actual travel expenses between their respective
   53  places of residence and the place where official district
   54  business is conducted, subsistence, lodging, and other expenses
   55  in the amount actually incurred. These expenses may not exceed
   56  the statutory amount allowed state officers and employees. This
   57  subsection applies retroactively to the effective date of the
   58  creation of each of the five separate water management
   59  districts.
   60         (6)(a) Notwithstanding any other provision of the
   61  provisions of any other general or special law to the contrary,
   62  a member of the district governing board of the district
   63  residing in the basin or, if no member resides in the basin, a
   64  member of the governing board designated by the chair of the
   65  governing board shall be a voting member of the basin board
   66  having the same rights, duties, and responsibilities as other
   67  members including being counted for purposes of establishing a
   68  quorum.
   69         (a) The governing board member shall serve as the chair of
   70  the basin board. If alternate governing board members are
   71  appointed, each shall rotate as basin board co-chair. A The
   72  chair or co-chair shall preside at all meetings of the basin
   73  board, except that the vice chair may preside in the his or her
   74  absence of the chair or a co-chair. The chair shall be the
   75  liaison officer of the district in all affairs in the basin and
   76  shall be kept informed of all such affairs.
   77         (b) Basin boards within the Southwest Florida Water
   78  Management District shall meet regularly as determined by a
   79  majority vote of the basin board members. Subject to notice
   80  requirements of chapter 120, special meetings, both emergency
   81  and nonemergency, may be called either by the chair or the
   82  elected vice chair of the basin board or upon request of two
   83  basin board members. The district staff shall include on the
   84  agenda of any basin board meeting any item for discussion or
   85  action requested by a member of that basin board. The district
   86  staff shall notify any basin board, as well as their respective
   87  counties, of any vacancies occurring in the district governing
   88  board or their respective basin boards.
   89         (7) At 11:59 p.m. on December 31, 1976, the Manasota
   90  Watershed Basin of the Ridge and Lower Gulf Coast Water
   91  Management District, which is annexed to the Southwest Florida
   92  Water Management District by change of its boundaries pursuant
   93  to chapter 76-243, Laws of Florida, shall be formed into a
   94  subdistrict or basin of the Southwest Florida Water Management
   95  District, subject to the same provisions as the other basins in
   96  such district. Such subdistrict shall be designated initially as
   97  the Manasota Basin. The members of the governing board of the
   98  Manasota Watershed Basin of the Ridge and Lower Gulf Coast Water
   99  Management District shall become members of the governing board
  100  of the Manasota Basin of the Southwest Florida Water Management
  101  District. Notwithstanding other provisions in this section,
  102  beginning on July 1, 2010 2001, the membership of the Manasota
  103  Basin Board shall be comprised of two members from Manatee
  104  County, and two members from Sarasota County, and the member of
  105  the district governing board serving on the basin board pursuant
  106  to subsection (6). Matters relating to tie votes shall be
  107  resolved pursuant to subsection (6) by the chair designated by
  108  the governing board to vote in case of a tie vote.
  109         Section 2. Subsection (5) is added to section 373.171,
  110  Florida Statutes, to read:
  111         373.171 Rules.—
  112         (5) Cooperative funding programs approved by the board are
  113  not subject to rulemaking. However, any portion of an approved
  114  program which affects the substantial interests of a party is
  115  subject to s. 120.569.
  116         Section 3. This act shall take effect July 1, 2010.

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