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       Florida Senate - 2010                                    SB 2604
       By Senator Bennett
       21-01485-10                                           20102604__
    1                        A bill to be entitled                      
    2         An act relating to water management district governing
    3         boards; creating s. 373.0725, F.S.; establishing a
    4         water management district governing board nominating
    5         commission; providing criteria for governing board
    6         member nominees; providing for the appointment of
    7         commission members by the Governor, the President of
    8         the Senate, and the Speaker of the House of
    9         Representatives; providing for terms and duties of
   10         commission members; requiring the Executive Office of
   11         the Governor to provide administrative support to the
   12         commission and to adopt rules; amending s. 373.086,
   13         F.S.; requiring governing boards to obtain legislative
   14         authorization for acquisition costs and professional
   15         service procurement costs in excess of specified
   16         amounts; amending s. 373.089, F.S.; requiring
   17         governing boards to review and make available for
   18         purchase specified lands; amending s. 373.139, F.S.;
   19         prohibiting the purchase of specified lands by a
   20         governing board unless deemed environmentally critical
   21         or sensitive by the Century Commission for a
   22         Sustainable Florida and authorized by the Legislature;
   23         amending s. 112.3145, F.S.; providing that members of
   24         the water management district governing board
   25         nominating commission are state officers for purposes
   26         of financial disclosure requirements; providing an
   27         effective date.
   29  Be It Enacted by the Legislature of the State of Florida:
   31         Section 1. Section 373.0725, Florida Statutes, is created
   32  to read:
   33         373.0725 Water management district governing board
   34  nominating commission.—
   35         (1)(a) Members of each water management district governing
   36  board shall be nominated for appointment by a commission
   37  composed of 11 members.
   38         (b) Commission members shall submit to the Governor three
   39  recommended nominees for each district governing board position.
   40  Nominees must reside in the territorial jurisdiction of the
   41  governing board to which the commission will recommend
   42  appointments and must have significant experience in one or more
   43  of the following areas: agriculture, the development industry,
   44  local government, government-owned or privately owned water
   45  utilities, law, civil engineering, environmental science,
   46  hydrology, accounting, or finance.
   47         (c) The Governor shall select appointees from the list of
   48  nominees recommended for a position.
   49         (2) A current or former governing board member may not be a
   50  member of the governing board nominating commission. A member of
   51  the governing board nominating commission may hold public
   52  office. A member of the governing board nominating commission is
   53  not eligible for appointment, during his or her term of office
   54  and for a period of 2 years thereafter, to any board for which
   55  the commission has the authority to make nominations. All acts
   56  of the governing board nominating commission must be made with a
   57  concurrence of a majority of its members.
   58         (3) Members shall be appointed to the governing board
   59  nominating commission in the following manner:
   60         (a) The Governor shall appoint three members for terms
   61  ending July 1, 2014.
   62         (b) The President of the Senate shall appoint three members
   63  for terms ending July 1, 2013, and one member of the Senate who
   64  shall serve at the pleasure of the President of the Senate.
   65         (c) The Speaker of the House of Representatives shall
   66  appoint three members for terms ending July 1, 2012, and one
   67  member of the House of Representatives who shall serve at the
   68  pleasure of the Speaker of the House of Representatives.
   70  Every subsequent appointment, except the appointment of a member
   71  of the Senate and of the House of Representatives and an
   72  appointment to fill a vacant, unexpired term, shall be for 4
   73  years. Each expired term or vacancy shall be filled by
   74  appointment in the same manner as the member whose position is
   75  being filled.
   76         (4) In making appointments, the Governor, the President of
   77  the Senate, and the Speaker of the House of Representatives
   78  shall seek to ensure that, to the extent possible, the
   79  membership of the governing board nominating commission reflects
   80  the racial, ethnic, and gender diversity of the state and shall
   81  also consider the adequacy of representation of each geographic
   82  region within the state.
   83         (5) A member of the governing board nominating commission
   84  may be suspended for cause by the person who appointed him or
   85  her.
   86         (6) The governing board nominating commission shall
   87  recommend appointments to the governing board of a water
   88  management district pursuant to s. 373.073. A quorum of the
   89  commission is necessary to take any action or transact any
   90  business. For purposes of this section, a majority of the
   91  commission members shall constitute a quorum. However, if a
   92  vacancy occurs, a majority of the total remaining commission
   93  members shall constitute a quorum.
   94         (7) The Executive Office of the Governor shall provide all
   95  administrative support for the governing board nominating
   96  commission and shall adopt rules necessary to administer this
   97  section.
   98         Section 2. Subsection (4) is added to section 373.086,
   99  Florida Statutes, to read:
  100         373.086 Providing for district works.—
  101         (4) The governing board must obtain specific legislative
  102  authorization for any acquisition costs in excess of $50 million
  103  and for any professional service procurement costs in excess of
  104  $5 million.
  105         Section 3. Paragraph (e) is added to subsection (6) of
  106  section 373.089, Florida Statutes, to read:
  107         373.089 Sale or exchange of lands, or interests or rights
  108  in lands.—The governing board of the district may sell lands, or
  109  interests or rights in lands, to which the district has acquired
  110  title or to which it may hereafter acquire title in the
  111  following manner:
  112         (6) Any lands the title to which is vested in the governing
  113  board of a water management district may be surplused pursuant
  114  to the procedures set forth in this section and s. 373.056 and
  115  the following:
  116         (e) For any lands for which title is vested in the
  117  governing board, the governing board shall conduct reviews to
  118  determine which lands are no longer needed for conservation and
  119  restoration purposes or no longer considered environmentally
  120  critical or sensitive and make such lands available for purchase
  121  so long as the property can be reentered onto the county ad
  122  valorem tax roll.
  123         Section 4. Paragraph (d) is added to subsection (3) of
  124  section 373.139, Florida Statutes, to read:
  125         373.139 Acquisition of real property.—
  126         (3) The initial 5-year work plan and any subsequent
  127  modifications or additions thereto shall be adopted by each
  128  water management district after a public hearing. Each water
  129  management district shall provide at least 14 days’ advance
  130  notice of the hearing date and shall separately notify each
  131  county commission within which a proposed work plan project or
  132  project modification or addition is located of the hearing date.
  133         (d) The governing board may not purchase lands appraised in
  134  excess of $50 million unless such lands are deemed
  135  environmentally critical or sensitive by the Century Commission
  136  for a Sustainable Florida and such purchase is specifically
  137  authorized by the Legislature.
  138         Section 5. Paragraph (c) of subsection (1) of section
  139  112.3145, Florida Statutes, is amended to read:
  140         112.3145 Disclosure of financial interests and clients
  141  represented before agencies.—
  142         (1) For purposes of this section, unless the context
  143  otherwise requires, the term:
  144         (c) “State officer” means:
  145         1. Any elected public officer, excluding those elected to
  146  the United States Senate and House of Representatives, not
  147  covered elsewhere in this part and any person who is appointed
  148  to fill a vacancy for an unexpired term in such an elective
  149  office.
  150         2. An appointed member of each board, commission,
  151  authority, or council having statewide jurisdiction, excluding a
  152  member of an advisory body.
  153         3. A member of the Board of Governors of the State
  154  University System or a state university board of trustees, the
  155  Chancellor and Vice Chancellors of the State University System,
  156  and the president of a state university.
  157         4. A member of the judicial nominating commission for any
  158  district court of appeal or any judicial circuit.
  159         5. A member of the water management district governing
  160  board nominating commission.
  161         Section 6. This act shall take effect July 1, 2010.

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