Bill Text: FL S0142 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Water Management Districts [EPSC]

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2010-04-30 - Died in Committee on General Government Appropriations, companion bill(s) passed, see CS/CS/CS/SB 550 (Ch. 2010-205) [S0142 Detail]

Download: Florida-2010-S0142-Introduced.html

---

 
Florida Senate - 2010                                     SB 142 
 
By Senator Baker 
20-00042-10                                            2010142__ 
1                        A bill to be entitled 
2         An act relating to water management districts; 
3         amending s. 373.079, F.S.; deleting the requirement 
4         that the district governing board delegate its 
5         authority to take final actions; amending s. 373.083, 
6         F.S.; deleting the restriction against reviewing 
7         delegations by the board under ch. 120, F.S.; amending 
8         s. 373.118, F.S.; requiring the board to provide a 
9         process for referring certain delegated actions to the 
10         governing board for final action; providing an 
11         effective date. 
12 
13  Be It Enacted by the Legislature of the State of Florida: 
14 
15         Section 1. Subsection (4) of section 373.079, Florida 
16  Statutes, is amended to read: 
17         373.079 Members of governing board; oath of office; staff.— 
18         (4)(a) The governing board of the district shall is 
19  authorized to employ: 
20         (a) An executive director, ombudsman, and such engineers, 
21  other professional persons, and other personnel and assistants 
22  as it deems necessary and under such terms and conditions as it 
23  may determine and to terminate such employment. The appointment 
24  of an executive director by the governing board is subject to 
25  approval by the Governor and must be initially confirmed by the 
26  Florida Senate. The governing board may delegate all or part of 
27  its authority under this paragraph to the executive director. 
28  However, the governing board shall delegate to the executive 
29  director all of its authority to take final action on permit 
30  applications under part II or part IV or petitions for variances 
31  or waivers of permitting requirements under part II or part IV, 
32  except for denials of such actions as provided in s. 373.083(5). 
33  The executive director may execute such delegated authority 
34  through designated staff members. Such delegations shall not be 
35  subject to the rulemaking requirements of chapter 120. The 
36  executive director must be confirmed by the Senate upon 
37  employment and must be confirmed or reconfirmed by the Senate 
38  during the second regular session of the Legislature following a 
39  gubernatorial election. 
40         (b)1. The governing board of each water management district 
41  shall employ An inspector general, who shall report directly to 
42  the board. However, the governing boards of the Suwannee River 
43  Water Management District and the Northwest Florida Water 
44  Management District may jointly employ an inspector general, or 
45  provide for inspector general services by interagency agreement 
46  with a state agency or water management district inspector 
47  general. 
48         2. An inspector general must have the same qualifications 
49  prescribed and perform the applicable duties of state agency 
50  inspectors general as provided in s. 20.055. 
51         Section 2. Subsection (5) of section 373.083, Florida 
52  Statutes, is amended to read: 
53         373.083 General powers and duties of the governing board. 
54  In addition to other powers and duties allowed it by law, the 
55  governing board is authorized to: 
56         (5) Execute any of the powers, duties, and functions vested 
57  in the governing board through a member or members thereof, the 
58  executive director, or other district staff as designated by the 
59  governing board. The governing board may establish the scope and 
60  terms of any delegation. However, if the governing board 
61  delegates shall delegate to the executive director all of its 
62  authority to take final action on permit applications under part 
63  II or part IV or petitions for variances or waivers of 
64  permitting requirements under part II or part IV, and the 
65  executive director may execute such delegated authority through 
66  designated staff. Such delegations shall not be subject to the 
67  rulemaking requirements of chapter 120. However, the governing 
68  board must shall provide a process for referring a any denial of 
69  such application or petition to the governing board for the 
70  purpose of taking to take final action. Such process shall 
71  expressly prohibit any member of a governing board from 
72  intervening in any manner during the review of an application 
73  prior to such application being referred to the governing board 
74  for final action. The authority to delegate under in this 
75  subsection is supplemental to any other provision of this 
76  chapter granting authority to the governing board to delegate 
77  specific powers, duties, or functions. 
78         Section 3. Subsection (5) is added to section 373.118, 
79  Florida Statutes, to read: 
80         373.118 General permits; delegation.— 
81         (5) To improve efficiency, the governing board may delegate 
82  by rule its powers and duties pertaining to general permits to 
83  the executive director. The executive director may execute such 
84  delegated authority through designated staff. However, when 
85  delegating the authority to take final action on permit 
86  applications under part II or part IV or petitions for variances 
87  or waivers of permitting requirements under part II or part IV, 
88  the governing board must provide a process for referring a 
89  denial of such application or petition to the governing board 
90  for the purpose of taking final action. 
91         Section 4. This act shall take effect July 1, 2010.