October 20, 2020
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       CS for CS for SB 1952                            First Engrossed
       
       
       
       
       
       
       
       
       20101952e1
       
    1                        A bill to be entitled                      
    2         An act relating to water management districts;
    3         amending s. 373.1961, F.S.; authorizing water
    4         management districts to use certain moneys in the
    5         Water Protection and Sustainability Program Trust Fund
    6         for water resource development projects; amending s.
    7         373.0693, F.S.; revising provisions relating to the
    8         membership of basin boards; specifying the terms of
    9         service for basin board members designated by district
   10         governing board chairs; providing that basin board
   11         members designated by district governing board chairs
   12         are voting members and counted for quorum purposes;
   13         providing for designated district governing board
   14         members to serve as basin board chairs and co-chairs;
   15         providing that a quorum of remaining members may
   16         conduct business if there is a vacancy on the board;
   17         revising provisions relating to the membership of the
   18         Manasota Basin Board; providing for the designation of
   19         a member of the district governing board to serve on
   20         the basin board; amending s. 373.171, F.S.; exempting
   21         cooperative funding programs from certain rulemaking
   22         requirements; amending s. 373.228, F.S.; revising
   23         legislative intent relating to landscape irrigation
   24         restrictions; providing that local governments may
   25         adopt restrictions set forth in district rules or
   26         orders; providing an effective date.
   27  
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Paragraph (c) of subsection (3) of section
   31  373.1961, Florida Statutes, is amended to read:
   32         373.1961 Water production; general powers and duties;
   33  identification of needs; funding criteria; economic incentives;
   34  reuse funding.—
   35         (3) FUNDING.—
   36         (c) The financial assistance for alternative water supply
   37  projects allocated in each district’s budget as required in s.
   38  373.196(6) shall be combined with the state funds and used to
   39  assist in funding the project construction costs of alternative
   40  water supply projects selected by the governing board. If the
   41  district has not completed any regional water supply plan, or
   42  the regional water supply plan does not identify the need for
   43  any alternative water supply projects, Funds deposited in the
   44  Water Protection and Sustainability Program Trust Fund to the
   45  credit of the Northwest Florida Water Management District and
   46  the Suwannee River Water Management District that district’s
   47  trust fund may also be used for regional water supply planning,
   48  water resource development, and water resource projects,
   49  including, but not limited to, springs protection.
   50         Section 2. Subsections (1) through (7) of section 373.0693,
   51  Florida Statutes, are amended to read:
   52         373.0693 Basins; basin boards.—
   53         (1)(a) Any areas within a district may be designated by the
   54  district governing board as subdistricts or basins. The
   55  designations of such basins shall be made by resolution of the
   56  district governing board by resolutions thereof. The governing
   57  board of the district may change the boundaries of such basins,
   58  or create new basins, by resolution.
   59         (b) No subdistrict or basin in the St. Johns River Water
   60  Management District other than established by this act is shall
   61  become effective until approved by the Legislature.
   62         (2) Each basin shall be under the control of a basin board
   63  which shall be composed of at least not less than three members,
   64  including one or more representatives but shall include one
   65  representative from each of the counties included in the basin.
   66         (3) Except for a member of the district governing board
   67  serving on a basin board pursuant to subsection (6), each member
   68  of a the various basin board boards shall be appointed serve for
   69  a period of 3 years or until a successor is appointed, but not
   70  more than 180 days after the end of the term., except that The
   71  board membership of each new basin board shall be divided into
   72  three groups as equally as possible, with members in such groups
   73  to be appointed for 1, 2, and 3 years, respectively. Each basin
   74  board shall choose a vice chair and a secretary to serve for a
   75  period of 1 year. The term of office of a basin board member
   76  shall be construed to commence on March 2 preceding the date of
   77  appointment and to terminate March 1 of the year of the end of a
   78  term or may continue until a successor is appointed, but not
   79  more than 180 days after the end of the expired term. A member
   80  of the district governing board serving on a basin board
   81  pursuant to subsection (6) shall serve for a period commensurate
   82  with his or her term on the governing board.
   83         (4) Except for a member of the district governing board
   84  serving on a basin board pursuant to subsection (6), members of
   85  a basin board boards shall be appointed by the Governor, subject
   86  to confirmation by the Senate at the next regular session of the
   87  Legislature.; and The refusal or failure of the Senate to
   88  confirm an appointment shall create a vacancy in the office to
   89  which the appointment was made.
   90         (5) Basin board members shall serve without receive no
   91  compensation for services as such; but are entitled to
   92  reimbursement for per diem and travel expenses as provided in s.
   93  112.061, while officially on work for the district, they shall
   94  receive their actual travel expenses between their respective
   95  places of residence and the place where official district
   96  business is conducted, subsistence, lodging, and other expenses
   97  in the amount actually incurred. These expenses may not exceed
   98  the statutory amount allowed state officers and employees. This
   99  subsection applies retroactively to the effective date of the
  100  creation of each of the five separate water management
  101  districts.
  102         (6)(a) Notwithstanding any other provision of the
  103  provisions of any other general or special law to the contrary,
  104  a member of the district governing board of the district
  105  residing in the basin, or, if no member resides in the basin, a
  106  member of the district governing board designated by the chair
  107  of the district governing board, shall be a voting member of the
  108  basin board and counted for purposes of establishing a quorum.
  109         (b) A governing board member shall serve as the chair of
  110  the basin board. If more than one governing board member is
  111  designated to a basin board, each shall rotate as co-chair of
  112  the basin board. The chair or co-chair shall preside at all
  113  meetings of the basin board, except that the vice chair may
  114  preside in the his or her absence of the chair and co-chair. The
  115  chair shall be the liaison officer of the district in all
  116  affairs in the basin and shall be kept informed of all such
  117  affairs.
  118         (c)If a vacancy occurs on a basin board, a quorum of the
  119  total remaining members may continue to transact official
  120  business until a successor is appointed.
  121         (d)(b) Basin boards within the Southwest Florida Water
  122  Management District shall meet regularly as determined by a
  123  majority vote of the basin board members. Subject to notice
  124  requirements of chapter 120, special meetings, both emergency
  125  and nonemergency, may be called either by the chair or the
  126  elected vice chair of the basin board or upon request of two
  127  basin board members. The district staff shall include on the
  128  agenda of any basin board meeting any item for discussion or
  129  action requested by a member of that basin board. The district
  130  staff shall notify any basin board, as well as their respective
  131  counties, of any vacancies occurring in the district governing
  132  board or their respective basin boards.
  133         (7) At 11:59 p.m. on December 31, 1976, the Manasota
  134  Watershed Basin of the Ridge and Lower Gulf Coast Water
  135  Management District, which is annexed to the Southwest Florida
  136  Water Management District by change of its boundaries pursuant
  137  to chapter 76-243, Laws of Florida, shall be formed into a
  138  subdistrict or basin of the Southwest Florida Water Management
  139  District, subject to the same provisions as the other basins in
  140  such district. Such subdistrict shall be designated initially as
  141  the Manasota Basin. The members of the governing board of the
  142  Manasota Watershed Basin of the Ridge and Lower Gulf Coast Water
  143  Management District shall become members of the governing board
  144  of the Manasota Basin of the Southwest Florida Water Management
  145  District. Notwithstanding other provisions in this section,
  146  beginning on July 1, 2010 2001, the membership of the Manasota
  147  Basin Board shall be comprised of two members from Manatee
  148  County, and two members from Sarasota County, and a member of
  149  the district governing board designated by the chair of the
  150  district governing board pursuant to subsection (6). Matters
  151  relating to tie votes shall be resolved pursuant to subsection
  152  (6) by the chair designated by the governing board to vote in
  153  case of a tie vote.
  154         Section 3. Subsection (5) is added to section 373.171,
  155  Florida Statutes, to read:
  156         373.171 Rules.—
  157         (5) Cooperative funding programs are not subject to the
  158  rulemaking requirements of chapter 120. However, any portion of
  159  an approved program which affects the substantial interests of a
  160  party is subject to s. 120.569.
  161         Section 4. Section 373.228, Florida Statutes, is amended to
  162  read:
  163         373.228 Landscape irrigation design.—
  164         (1) The Legislature finds that multiple areas throughout
  165  the state have been identified by water management districts as
  166  water resource caution areas, which indicates that in the near
  167  future water demand in those areas will exceed the current
  168  available water supply and that conservation is one of the
  169  mechanisms by which future water demand will be met.
  170         (2) The Legislature finds that landscape irrigation
  171  comprises a significant portion of water use and that current
  172  typical landscape irrigation systems, and Florida-friendly
  173  landscaping designs, and landscape irrigation restrictions offer
  174  significant potential water conservation benefits.
  175         (3) It is the intent of the Legislature to improve
  176  landscape irrigation water use efficiency by ensuring that
  177  landscape irrigation systems meet or exceed minimum design
  178  criteria and that, pursuant to s. 373.609, the landscape
  179  irrigation restrictions of a water management district may be
  180  implemented by ordinance of the applicable local governments.
  181         (4) The water management districts shall work with the
  182  Florida Nursery, Growers and Landscape Association, the Florida
  183  Native Plant Society, the Florida Chapter of the American
  184  Society of Landscape Architects, the Florida Irrigation Society,
  185  the Department of Agriculture and Consumer Services, the
  186  Institute of Food and Agricultural Sciences, the Department of
  187  Environmental Protection, the Department of Transportation, the
  188  Florida League of Cities, the Florida Association of Counties,
  189  and the Florida Association of Community Developers to develop
  190  landscape irrigation and Florida-friendly landscaping design
  191  standards for new construction which incorporate a landscape
  192  irrigation system and develop scientifically based model
  193  guidelines for urban, commercial, and residential landscape
  194  irrigation, including drip irrigation, for plants, trees, sod,
  195  and other landscaping. The standards must shall be based on the
  196  irrigation code defined in the Florida Building Code, Plumbing
  197  Volume, Appendix F. Local governments shall use the standards
  198  and guidelines when developing landscape irrigation and Florida
  199  friendly landscaping ordinances. By January 1, 2011, the
  200  agencies and entities specified in this subsection shall review
  201  the standards and guidelines to determine whether new research
  202  findings require a change or modification of the standards and
  203  guidelines.
  204         (5) Notwithstanding s. 373.217, local governments may adopt
  205  ordinances that implement landscape irrigation restrictions set
  206  forth in water management district rules or orders. In
  207  evaluating water use applications from public water suppliers,
  208  water management districts shall consider whether the applicable
  209  local government has adopted ordinances for landscaping and
  210  irrigation systems consistent with the Florida-friendly
  211  landscaping provisions of s. 373.185.
  212         Section 5. This act shall take effect July 1, 2010.

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