Bill Text: FL S1986 | 2012 | Regular Session | Enrolled
Bill Title: Water Management Districts
Spectrum: Committee Bill
Status: (Enrolled - Dead) 2012-03-09 - Ordered engrossed, then enrolled -SJ 1679 [S1986 Detail]
Download: Florida-2012-S1986-Enrolled.html
ENROLLED 2012 Legislature SB 1986, 2nd Engrossed 20121986er 1 2 An act relating to water management districts; 3 amending s. 121.021, F.S.; revising the definitions of 4 the terms “regularly established position” and 5 “temporary position” for purposes of district 6 positions within the state retirement system; amending 7 s. 373.503, F.S.; authorizing the Legislature to set 8 the maximum millage rate for each district; removing a 9 provision requiring that the maximum property tax 10 revenue for water management districts revert to the 11 amount authorized for the prior year if the 12 Legislature does not set the amount; removing the 13 maximum revenues for the 2011-2012 fiscal year; 14 creating s. 373.535, F.S.; requiring each water 15 management district to submit a preliminary budget for 16 legislative review; requiring the preliminary budget 17 to include certain information; providing for annual 18 review of the preliminary budget for each district; 19 authorizing the President of the Senate and the 20 Speaker of the House of Representatives to submit 21 comments regarding the preliminary budget to the 22 district; requiring each district to respond to the 23 comments; authorizing a water management district to 24 proceed with budget development if the Legislature 25 takes no action after the review; providing for the 26 preliminary budget reviewed by the Legislature to be 27 the basis for developing each district’s tentative 28 budget for the next fiscal year; amending s. 373.536, 29 F.S.; requiring that budget amendments greater than a 30 certain amount be reviewed and approved by the 31 Executive Office of the Governor, which must notify 32 the Legislative Budget Commission of such approval; 33 requiring a district to provide a description of the 34 budget control mechanisms to the Executive Office of 35 the Governor for approval; providing that, upon review 36 and approval by the Executive Office of the Governor 37 and after providing notice of intention to amend to 38 the Legislative Budget Commission, a water management 39 district may amend unanticipated funds into its final 40 budget; requiring the Executive Office of the Governor 41 and the Legislative Budget Commission to be notified 42 if a district governing board expends funds for a 43 disaster or emergency; delaying the date that a 44 district must begin providing, in the form and manner 45 prescribed by the Department of Financial Services, a 46 monthly financial statement to its governing board; 47 providing criteria for the Legislative Budget 48 Commission to use in approving the tentative budget of 49 a district; authorizing the Legislative Budget 50 Commission to reject certain district budget 51 proposals; prohibiting a district from including a 52 rejected proposition in its final budget or act 53 through any other means without prior approval of the 54 entity rejecting the provision; requiring that the 55 district submit for review to a tentative budget and a 56 description of any significant changes from the 57 preliminary budget; revising components to be included 58 in a district’s tentative budget; requiring that a 5 59 year water resource development work program describe 60 the district’s implementation strategy and funding 61 plan for water resource, water supply, and alternative 62 water supply development components of each approved 63 regional water supply plan; amending s. 373.605, F.S.; 64 authorizing the governing board of a water management 65 district to provide group insurance for its employees 66 and the employees of another water management 67 district; creating s. 373.618, F.S.; providing for 68 each water management district to own, acquire, 69 develop, construct, operate, and manage a public 70 information system; exempting local government review 71 or approval of such public information system; 72 exempting the system from outdoor advertising 73 regulations; prohibiting water management districts 74 from using public funds; authorizing the collection of 75 funds from private sponsors who display commercial 76 messages; providing effective dates. 77 78 Be It Enacted by the Legislature of the State of Florida: 79 80 Section 1. Effective October 1, 2012, paragraph (b) of 81 subsection (52) and paragraph (b) of subsection (53) of section 82 121.021, Florida Statutes, are amended, and paragraph (c) is 83 added to subsection (52) and paragraph (c) is added to 84 subsection (53) of that section, to read: 85 121.021 Definitions.—The following words and phrases as 86 used in this chapter have the respective meanings set forth 87 unless a different meaning is plainly required by the context: 88 (52) “Regularly established position” means: 89 (b) With respect to a local agency employer (district 90 school board, county agency, Florida College System institution 91community college, municipality, metropolitan planning 92 organization, charter school, charter technical career center, 93 or special district), other than a water management district 94 operating pursuant to chapter 373, a regularly established 95 position that will be in existence for a period beyond 6 96 consecutive months, except as provided by rule. 97 (c) With respect only to a water management district 98 operating pursuant to chapter 373, a position authorized in the 99 district’s final adopted budget and compensated from a salaries 100 and benefits appropriation or account. 101 (53) “Temporary position” means: 102 (b) With respect to a local agency employer, other than a 103 water management district operating pursuant to chapter 373, a 104 position that will exist for less than 6 consecutive months, or 105 other position as determined by rule of the division, regardless 106 of whether it will exist for 6 consecutive months or longer. 107 (c) With respect only to a water management district 108 operating pursuant to chapter 373, a position not authorized in 109 the district’s final adopted budget, and designated as a 110 temporary position by the district. 111 Section 2. Subsection (4) of section 373.503, Florida 112 Statutes, is amended to read: 113 373.503 Manner of taxation.— 114 (4)(a)To ensure that taxes authorized by this chapter 115 continue to be in proportion to the benefits derived by the 116 parcels of real estate within the districts, the Legislature 117 shall annually review the preliminary budget for each district 118 for the next fiscal year as provided in s. 373.535and the119authorized millage rate for each district. Based upon thethis120 review, the Legislature may enact legislation toshallset the 121 authorized maximum millage rate or the maximum amount of 122 property tax revenue to be raised by each district in the next 123 fiscal year from the taxes levied.Except as provided in124paragraph (b), if the annual maximum amount of property tax125revenue is not set by the Legislature on or before July 1 of126each year, the maximum property tax revenue that may be raised127reverts to the amount authorized in the prior year.128(b) For the 2011-2012 fiscal year, the total ad valorem129taxes levied may not exceed $3,946,969 for the Northwest Florida130Water Management District, $5,412,674 for the Suwannee River131Water Management District, $85,335,619 for the St. Johns Water132Management District, $107,766,957 for the Southwest Florida133Water Management District, and $284,901,967 for the South134Florida Water Management District.135 Section 3. Section 373.535, Florida Statutes, is created to 136 read: 137 373.535 Preliminary district budgets.— 138 (1) BUDGET DEVELOPMENT.— 139 (a) By January 15 of each year, each water management 140 district shall submit a preliminary budget for the next fiscal 141 year for legislative review to the President of the Senate, the 142 Speaker of the House of Representatives, and the chairs of each 143 legislative committee and subcommittee having substantive or 144 fiscal jurisdiction over water management districts, as 145 determined by the President of the Senate or the Speaker of the 146 House of Representatives, as applicable, in the form and manner 147 prescribed in s. 373.536(5)(e). Each preliminary budget must 148 also include: 149 1. A section that clearly identifies and provides 150 justification for each proposed expenditure listed in s. 151 373.536(5)(e)4.e.-f. and identifies the source of funds for each 152 proposed expenditure. 153 2. A section identifying the justification for proposed 154 expenditures by core mission area of responsibility and the 155 source of funds needed for activities related to water supply, 156 including alternative water supply and water resource 157 development projects identified in the district’s regional water 158 supply plans, water quality, flood protection and floodplain 159 management, and natural systems. 160 3. A section reviewing the adopted and proposed budget 161 allocations by program area and the performance metrics for the 162 prior year. 163 4. An analysis of each preliminary budget to determine the 164 adequacy of fiscal resources available to the district and the 165 adequacy of proposed district expenditures related to the core 166 mission areas of responsibility for water supply, including 167 alternative water supply and water resource development projects 168 identified in the district’s regional water supply plans, water 169 quality, flood protection and floodplain management, and natural 170 systems. The analysis must be based on the particular needs 171 within each district for core mission areas of responsibility. 172 The water supply analysis must specifically include a 173 determination of the adequacy of each district’s fiscal 174 resources provided in the district’s preliminary budget to 175 achieve appropriate progress toward meeting the districtwide 20 176 year projected water supply demands, including funding for 177 alternative water supply development and conservation projects. 178 (b) If applicable, the preliminary budget for each district 179 must specify that the district’s first obligation for payment is 180 the debt service on bonds and certificates of participation. 181 (2) LEGISLATIVE REVIEW.— 182 (a) The Legislature may annually review the preliminary 183 budget for each district, including, but not limited to, those 184 items listed in s. 373.536(5)(e)4.d.-f., specific to regulation, 185 outreach, management, and administration program areas. 186 (b) On or before March 1 of each year, the President of the 187 Senate and the Speaker of the House of Representatives may 188 submit comments regarding the preliminary budget to the 189 districts, and provide a copy of the comments to the Executive 190 Office of the Governor. Each district shall respond to the 191 comments in writing on or before March 15 of each year to the 192 President of the Senate, the Speaker of the House of 193 Representatives, and the Executive Office of the Governor. 194 (c) If, following such review, the Legislature does not 195 take any action pursuant to s. 373.503 on or before July 1 of 196 each year, a water management district may proceed with budget 197 development as provided in subsection (3) and s. 373.536. 198 (3) FUNDING AUTHORITY GRANTED.—Each district shall use the 199 preliminary budget as submitted pursuant to subsection (1), and 200 as may be amended by the district in response to review by the 201 Legislature pursuant to this section and s. 373.503, as the 202 basis for developing the tentative budget for the next fiscal 203 year as provided in s. 373.536(5). 204 Section 4. Subsections (4), (5), and (6) of section 205 373.536, Florida Statutes, are amended to read: 206 373.536 District budget and hearing thereon.— 207 (4) BUDGET CONTROLS; FINANCIAL INFORMATION.— 208 (a) The final adopted budget for the district iswill209thereupon bethe operating and fiscal guide for the district for 210 the ensuing year; however, transfers of funds may be made within 211 the budget by action of the governing board at a public meeting 212 of the governing board. A budget amendment greater than $1 213 million must be reviewed and approved by the Executive Office of 214 the Governor. The office shall provide notice of approval to the 215 Legislative Budget Commission. 216 (b) The district shall control its budget, at a minimum, by 217 funds and shall submitprovideto the Executive Office of the 218 Governor a description of its budget control mechanisms for 219 approval. 220 (c) IfShouldthe district receivesreceiveunanticipated 221 funds after the adoption of the final budget, the final budget 222 may be amended, following review and approval by the Executive 223 Office of the Governor, by including such funds, ifso long as224 notice of intention to amend is provided to the Legislative 225 Budget Commission and is published in the notice of the 226 governing board meeting at which the amendment will be 227 considered, pursuant to s. 120.525. The notice mustshallset 228 forth a summary of the proposed amendment. 229 (d)However,In the event of a disaster or of an emergency 230 arising to prevent or avert the same, the governing board is 231shallnot be limited by the budget but may expendshall have232authority to apply suchfundsas may beavailable for the 233 disaster or emergencythereforor as may be procured for such 234 purpose. In such an event, the governing board shall notify the 235 Executive Office of the Governor and the Legislative Budget 236 Commission as soon as practical, but within 30 days after the 237 governing board’s action. 238 (e)(d)By September 1, 20122011, eachwater management239 district shall provide a monthly financial statement in the form 240 and manner prescribed by the Department of Financial Services to 241 the district’sitsgoverning board and make such monthly 242 financial statement available for public access on its website. 243 (5) TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND 244 APPROVAL.— 245 (a) The Executive Office of the Governor may approve orand246the Legislative Budget Commission are authorized todisapprove, 247 in whole or in part, the budget of each water management 248 district. The Executive Office of the Governor shall analyze 249 each budget as to the adequacy of fiscal resources available to 250 the district and the adequacy of district expenditures related 251 to water supply, including water resource development projects 252 identified in the district’s regional water supply plans; water 253 quality; flood protection and floodplain management; and natural 254 systems. This analysis shall be based on the particular needs 255 within each water management district in those four areas of 256 responsibility and shall be provided to the Legislative Budget 257 Commission. 258 (b) The Executive Office of the Governor, the Legislative 259 Budget Commission, and thewater managementdistricts shall 260 develop a process to facilitate review and communication 261 regarding the tentative budgets of districtswater management262district budgets, as necessary. 263 (c) The Legislative Budget Commission may reject any of the 264 following district budget proposals: 265 1. A single purchase of land in excess of $10 million, 266 except for land exchanges. 267 2. Any cumulative purchase of land during a single fiscal 268 year in excess of $50 million. 269 3. Any issuance of debt on or after July 1, 2012. 270 4. Any program expenditures as described in sub 271 subparagraphs (e)4.e.-f. in excess of 15 percent of a district’s 272 total annual budget. 273 5. Any individual variances in a district’s tentative 274 budget in excess of 25 percent from a district’s preliminary 275 budget. 276 277 Written disapproval of any provision in the tentative budget 278 must be received by the district at least 5 business days before 279prior tothe final district budget adoption hearing conducted 280 under s. 200.065(2)(d). If written disapprovalof any portion of281the budgetis not received at least 5 business days beforeprior282tothe final budget adoption hearing, the governing board may 283 proceed with final adoption. Any provision rejected by the 284 Executive Office of the Governor or the Legislative Budget 285 Commission mayshallnot be included in a district’s final 286 budget and may not be acted upon through any other means without 287 the prior approval of the entity rejecting the provision. 288 (d)(c)Eachwater managementdistrict shall, by August 1 of 289 each year, submit for review a tentative budget and a 290 description of any significant changes from the preliminary 291 budget submitted to the Legislature pursuant to s. 373.535 to 292 the Governor, the President of the Senate, the Speaker of the 293 House of Representatives, the chairs of all legislative 294 committees and subcommittees having substantive or fiscal 295 jurisdiction over water management districts, as determined by 296 the President of the Senate or the Speaker of the House of 297 Representatives, as applicablethe Legislative Budget298Commission, the secretary of the department, and the governing 299 body of each county in which the district has jurisdiction or 300 derives any funds for the operations of the district. The 301 tentative budget must be posted on thewater management302 district’s official website at least 2 days before budget 303 hearings held pursuant to s. 200.065 or other law. 304 (e)(d)The tentative budget must be based on the 305 preliminary budget as submitted to the Legislature, and as may 306 be amended by the district in response to review by the 307 Legislature pursuant to ss. 373.503 and 373.535, as the basis 308 for developing the tentative budget for the next fiscal year as 309 provided in this subsection, and must set forth the proposed 310 expenditures of the district, to which may be added an amount to 311 be held as reserve. The tentative budget must include, but is 312 not limited to, the following information for the preceding 313 fiscal year and the current fiscal year, and the proposed 314 amounts for the upcoming fiscal year, in a standard format 315 prescribed by the Executive Office of the Governor, in 316 consultation with the Legislature: 317 1. The estimated amount of funds remaining at the beginning 318 of the fiscal year which have been obligated for the payment of 319 outstanding commitments not yet completed. 320 2. The estimated amount of unobligated funds or net cash 321 balance on hand at the beginning of the fiscal year; an 322 accounting of the source, balance, and projected future use of 323 the unobligated funds;,and the estimated amount of funds to be 324 raised by district taxes or received from other sources to meet 325 the requirements of the district. 326 3. The millage rates and the percentage increase above the 327 rolled-back rate, together with a summary of the reasons the 328 increase is required, and the percentage increase in taxable 329 value resulting from new construction within the district. 330 4. The salaries and benefits, expenses, operating capital 331 outlay, number of authorized positions, and other personal 332 services for the following program areas of the district: 333 a. Water resource planning and monitoring; 334 b. Land acquisition, restoration, and public works; 335 c. Operation and maintenance of works and lands; 336 d. Regulation; 337 e. Outreach for which the information provided must contain 338 a full description and accounting of expenditures for water 339 resources education; public information and public relations, 340 including public service announcements and advertising in any 341 media; and lobbying activities related to local, regional, state 342 and federal governmental affairs, whether incurred by district 343 staff or through contractual services; and 344 f. Management and administration. 345 346 In addition to the program areas reported by all water 347 management districts, the South Florida Water Management 348 District shall include in its budget document separate sections 349 on all costs associated with the Everglades Construction Project 350 and the Comprehensive Everglades Restoration Plan. 351 5. The total estimated amount in the district budget for 352 each area of responsibility listed in subparagraph 4. and for 353 water resource, water supply, and alternative water supply 354 development projects identified in the district’s regional water 355 supply plans. 356 6. A description of each new, expanded, reduced, or 357 eliminated program. 358 7. The funding sources, including, but not limited to, ad 359 valorem taxes, Surface Water Improvement and Management Program 360 funds, other state funds, federal funds, and user fees and 361 permit fees for each program area. 362 (f) By September 5 of the year in which the budget is 363 submitted, the chairs of each legislative committee and 364 subcommittee having substantive or fiscal jurisdiction may 365 transmit to each district comments and objections to the 366 proposed budgets. Each district governing board shall include a 367 response to such comments and objections in the record of the 368 governing board meeting where final adoption of the budget takes 369 place, and the record of this meeting shall be transmitted to 370 the Executive Office of the Governor, the department, and the 371 chairs of the legislative appropriations committees. 372 (g)(e)The Executive Office of the Governor shall annually, 373 on or before December 15, file with the Legislature a report 374 that summarizes its review of the water management districts’ 375 tentative budgets and displays the adopted budget allocations by 376 program area. The report must identify the districts that are 377 not in compliance with the reporting requirements of this 378 section. State funds shall be withheld from a water management 379 district that fails to comply with these reporting requirements. 380 (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN; 381 WATER RESOURCE DEVELOPMENT WORK PROGRAM.— 382 (a) Each district must, by the date specified for each 383 item, furnish copies of the following documents to the Governor, 384 the President of the Senate, the Speaker of the House of 385 Representatives, the chairs of all legislative committees and 386 subcommittees having substantive or fiscal jurisdiction over the 387 districts, as determined by the President of the Senate or the 388 Speaker of the House of Representatives as applicable, the 389 secretary of the department, and the governing board of each 390 county in which the district has jurisdiction or derives any 391 funds for the operations of the district: 392 1. The adopted budget, to be furnished within 10 days after 393 its adoption. 394 2. A financial audit of its accounts and records, to be 395 furnished within 10 days after its acceptance by the governing 396 board. The audit must be conducted in accordance withthe397provisions ofs. 11.45 and the rules adopted thereunder. In 398 addition to the entities named above, the district must provide 399 a copy of the audit to the Auditor General within 10 days after 400 its acceptance by the governing board. 401 3. A 5-year capital improvements plan, to be included in 402 the consolidated annual report required by s. 373.036(7). The 403 plan must include expected sources of revenue for planned 404 improvements and must be prepared in a manner comparable to the 405 fixed capital outlay format set forth in s. 216.043. 406 4. A 5-year water resource development work program to be 407 furnished within 30 days after the adoption of the final budget. 408 The program must describe the district’s implementation strategy 409 and funding plan for the water resource, water supply, and 410 alternative water supply development componentscomponentof 411 each approved regional water supply plan developed or revised 412 under s. 373.709. The work program must address all the elements 413 of the water resource development component in the district’s 414 approved regional water supply plans and must identify which 415 projects in the work program which will provide water;,explain 416 how each water resource, water supply, and alternative water 417 supply development project will produce additional water 418 available for consumptive uses;,estimate the quantity of water 419 to be produced by each project;,and provide an assessment of 420 the contribution of the district’s regional water supply plans 421 in providing sufficient water needed to timely meet the water 422 supply needs of existing and future reasonable-beneficial uses 423 for a 1-in-10-year drought event. 424 (b) Within 30 days after its submittal, the department 425 shall review the proposed work program and submit its findings, 426 questions, and comments to the district. The review must include 427 a written evaluation of the program’s consistency with the 428 furtherance of the district’s approved regional water supply 429 plans, and the adequacy of proposed expenditures. As part of the 430 review, the department shall give interested parties the 431 opportunity to provide written comments on each district’s 432 proposed work program. Within 45 days after receipt of the 433 department’s evaluation, the governing board shall state in 434 writing to the department which of the changes recommended in 435 the evaluation it will incorporate into its work program 436 submitted as part of the March 1 consolidated annual report 437 required by s. 373.036(7) or specify the reasons for not 438 incorporating the changes. The department shall include the 439 district’s responses in a final evaluation report and shall 440 submit a copy of the report to the Governor, the President of 441 the Senate, and the Speaker of the House of Representatives. 442 (c)(b)If any entity listed in paragraph (a) provides 443 written comments to the district regarding any document 444 furnished under this subsection, the district must respond to 445 the comments in writing and furnish copies of the comments and 446 written responses to the other entities. 447 (d)(c)The final adopted budget must be posted on the water 448 management district’s official website within 30 days after 449 adoption. 450 Section 5. Section 373.605, Florida Statutes, is amended to 451 read: 452 373.605 Group insurance for water management districts.— 453(1)The governing board of aanywater management district 454 mayis hereby authorized and empowered toprovide group 455 insurance for its employees, and the employees of another water 456 management district, in the same manner and with the same 457 provisions and limitations authorized for other public employees 458 underbyss. 112.08, 112.09, 112.10, 112.11, and 112.14. 459(2) Any and all insurance agreements in effect as of460October 1, 1974, which conform to the provisions of this section461are hereby ratified.462 Section 6. Section 373.618, Florida Statutes, is created to 463 read: 464 373.618 Public service warnings, alerts, and 465 announcements.—The Legislature believes it is in the public 466 interest that all water management districts created pursuant to 467 s. 373.069 own, acquire, develop, construct, operate, and manage 468 public information systems. Public information systems may be 469 located on property owned by the water management district, upon 470 terms and conditions approved by the water management district, 471 and must display messages to the general public concerning water 472 management services, activities, events, and sponsors, as well 473 as other public service announcements, including watering 474 restrictions, severe weather reports, amber alerts, and other 475 essential information needed by the public. Local government 476 review or approval is not required for a public information 477 system owned or hereafter acquired, developed, or constructed by 478 the water management district on its own property. A public 479 information system is exempt from the requirements of chapter 480 479. Water management district funds may not be used to pay the 481 cost to acquire, develop, construct, operate, or manage a public 482 information system. Any necessary funds for a public information 483 system shall be paid for and collected from private sponsors who 484 may display commercial messages. 485 Section 7. Except as otherwise expressly provided in this 486 act, this act shall take effect July 1, 2012.