Title: Water Management District Governing Boards

Summary: Establishes a water management district governing board nominating commission. Provides criteria for governing board member nominees. Provides for the appointment of commission members by the Governor, the President of the Senate, and the Speaker of the House of Representatives. Provides for terms and duties of commission members. Requires the Executive Office of the Governor to provide administrative support to the commission and to adopt rules, etc.

Full Text:
An act relating to water management district governing boards; creating s. 373.0725, F.S.; establishing a water management district governing board nominating commission; providing criteria for governing board member nominees; providing for the appointment of commission members by the Governor, the President of the Senate, and the Speaker of the House of Representatives; providing for terms and duties of commission members; requiring the Executive Office of the Governor to provide administrative support to the commission and to adopt rules; amending s. 373.086, F.S.; requiring governing boards to obtain legislative authorization for acquisition costs and professional service procurement costs in excess of specified amounts; amending s. 373.089, F.S.; requiring governing boards to review and make available for purchase specified lands; amending s. 373.139, F.S.; prohibiting the purchase of specified lands by a governing board unless deemed environmentally critical or sensitive by the Century Commission for a Sustainable Florida and authorized by the Legislature; amending s. 112.3145, F.S.; providing that members of the water management district governing board nominating commission are state officers for purposes of financial disclosure requirements; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 373.0725, Florida Statutes, is created to read: 373.0725  Water management district governing board nominating commission.  (1)(a) Members of each water management district governing board shall be nominated for appointment by a commission composed of members. (b) Commission members shall submit to the Governor three recommended nominees for each district governing board position. Nominees must reside in the territorial jurisdiction of the governing board to which the commission recommends appointments and must have significant experience in one or more of the following areas: agriculture, the development industry, local government, government-owned or privately owned water utilities, law, civil engineering, environmental science, hydrology, accounting, or finance. (c) The Governor shall select appointees from the list of nominees recommended for a position. (2) A current or former governing board member may not be a member of the governing board nominating commission. A member of the governing board nominating commission may hold public office. A member of the governing board nominating commission is not eligible for appointment, during his or her term of office and for a period of years thereafter, to any board for which the commission has the authority to make nominations. All acts of the governing board nominating commission must be made with a concurrence of a majority of its members. (3) Members shall be appointed to the governing board nominating commission in the following manner: (a) The Governor shall appoint three members for terms ending July 1, 2015. (b) The President of the Senate shall appoint three members for terms ending July 1, 2014, and one member of the Senate who shall serve at the pleasure of the President of the Senate. (c) The Speaker of the House of Representatives shall appoint three members for terms ending July 1, 2013, and one member of the House of Representatives who shall serve at the pleasure of the Speaker of the House of Representatives. Every subsequent appointment, except the appointment of a member of the Senate and of the House of Representatives and an appointment to fill a vacant, unexpired term, shall be for years. Each expired term or vacancy shall be filled by appointment in the same manner as the member whose position is being filled. (4) In making appointments, the Governor, the President of the Senate, and the Speaker of the House of Representatives shall seek to ensure that, to the extent possible, the membership of the governing board nominating commission reflects the racial, ethnic, and gender diversity of the state and shall also consider the adequacy of representation of each geographic region within the state. (5) A member of the governing board nominating commission may be suspended for cause by the person who appointed him or her. (6) The governing board nominating commission shall recommend appointments to the governing board of a water management district pursuant to s. 373.073.A quorum of the commission is necessary to take any action or transact any business. For purposes of this section, a majority of the commission members constitutes a quorum. However, if a vacancy occurs, a majority of the total remaining commission members constitutes a quorum. (7) The Executive Office of the Governor shall provide all administrative support for the governing board nominating commission and shall adopt rules necessary to administer this section. Section 2. Subsection (4) is added to section 373.086, Florida Statutes, to read: 373.086 Providing for district works.  (4)  The governing board must obtain specific legislative authorization for any acquisition costs in excess of $50 million and for any professional service procurement costs in excess of $5 million. Section 3. Paragraph (e) is added to subsection (6) of section 373.089, Florida Statutes, to read: 373.089 Sale or exchange of lands, or interests or rights in lands. The governing board of the district may sell lands, or interests or rights in lands, to which the district has acquired title or to which it may hereafter acquire title in the following manner: (6) Any lands the title to which is vested in the governing board of a water management district may be surplused pursuant to the procedures set forth in this section and s. 373.056 and the following: (e)  For any lands for which title is vested in the governing board, the governing board shall conduct reviews to determine which lands are no longer needed for conservation and restoration purposes or no longer considered environmentally critical or sensitive and make such lands available for purchase so long as the property can be reentered onto the county ad valorem tax roll. Section 4. Paragraph (d) is added to subsection (3) of section 373.139, Florida Statutes, to read: 373.139 Acquisition of real property.  (3) The initial 5-year work plan and any subsequent modifications or additions thereto shall be adopted by each water management district after a public hearing. Each water management district shall provide at least days  advance notice of the hearing date and shall separately notify each county commission within which a proposed work plan project or project modification or addition is located of the hearing date. (d)  The governing board may not purchase lands appraised in excess of $50 million unless such lands are deemed environmentally critical or sensitive by the Century Commission for a Sustainable Florida and such purchase is specifically authorized by the Legislature. Section 5. Paragraph (c) of subsection (1) of section 112.3145, Florida Statutes, is amended to read: 112.3145 Disclosure of financial interests and clients represented before agencies.  (1) For purposes of this section, unless the context otherwise requires, the term: (c) State officer  means: 1. Any elected public officer, excluding those elected to the United States Senate and House of Representatives, not covered elsewhere in this part and any person who is appointed to fill a vacancy for an unexpired term in such an elective office. 2. An appointed member of each board, commission, authority, or council having statewide jurisdiction, excluding a member of an advisory body. 3. A member of the Board of Governors of the State University System or a state university board of trustees, the Chancellor and Vice Chancellors of the State University System, and the president of a state university. 4. A member of the judicial nominating commission for any district court of appeal or any judicial circuit. 5. A member of the water management district governing board nominating commission. Section 6. This act shall take effect July 1, 2011.