Title: Letter enclosing copy of House Bill 2791
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 Material Information
Title: Letter enclosing copy of House Bill 2791
Alternate Title: Letter enclosing copy of HB 2791relating to membership on water management district boards, along with Summary of the bill.
Physical Description: 9p.
Language: English
Publication Date: Feb. 17, 1976
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 3, Folder 3D ( LEGISLATION - BOX 3, FOLDER 3 ), Item 143
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051524
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text



/ 1 RECEIVED


MAR I- 1976

FLORIDA HOUSE OF REPRESENTATJyES
Tallahassee -------- -----......,


Robert W. McKnight Committees:
Representative, 116th District
l o: Natural Resources
Reply to: Health & Rehabilitative Services
El 9703 South Dixie Highway, Suite 2B Subcommittee on Corrections &
(305) 667-7447 Offender Rehabilitation, Chairman
1] 424 House Office Building
Tallahassee, Florida 32304 February 27, 1976
(904) 488-0465



Mr. Lester M. (Buddy) Blain, Esquire
Post Office Box 1363
Tampa, Florida 33601


Dear Buddy:

Please find enclosed a copy of House Bill 2791 which I have
filed concerning membership on water management district boards.

I certainly recognize that at first glance you will find the bill
to be detrimental to the basin concept in the Southwest Florida
Water Management District. Additionally, I apoligize for the
complexity of the bill.

After you have had a chance to review it, I would very much
appreciate your giving me a call so that I can further explain
the bill's legislative intent. I must say that I sincerely
believe that the bill would not have as negative of an impact
on the Southwest Florida Water Management District as it might
at first appear.

I will look forward to hearing from you on this matter at your
earl i est convenience.
Cordially,


Robert W. McKnight
RWM:eas
Enclosure


........ J2 .-.,: .


^ ,/ ,,













FLORIDA HOUSE OF REPRESENTATIVES
Tallahassee


Robert W. McKnight Committees:
Representative, 116th District Natural Resources
Reply to: Health & Rehabilitative Services
11 9703 South Dixie Highway, Suite 2B Subcommittee on Corrections &
Miami, Florida 33156 Offender Rehabilitation, Chairman
(305) 667-7447
0 424 House Office Building
Tallahassee, Florida 32304
(904) 488-0465
SUMMARY OF HB 2791 (McKNIGHT)
WATER MANAGEMENT DISTRICTS

I. PROBLEM Without specific direction, it is possible for the
Governor of the State of Florida to appoint members of the
Governing Board's of the Water Management Districts of the
state without proper regard for balanced representation. For
example, it is possible for a county generating substantial
tax revenues or aggregating a significant portion of the
total water management population, to have little or no
representation. On the other hand, it is possible for a
significant geographic area, or a vital water consuming
industry, to also be lacking in representation.

II. CRITERIA USED IN DETERMINING MEMBERSHIP The three general
criteria to be used in determining membership should be the
following:
(a) Population
(b) Area
(c) The taxes generated by the district

III. RECOMMENDATION The Governor should appoint a certain number
of board members from counties based on the specific criteria
outlined above.

IV. PROPOSAL HB 2791 is a compromise "one man one vote" bill
requiring that if a county generates at least one-ninth of
the taxes raised in the district, or in the alternative,
aggregates one-ninth of the total population of the water
management district, then that county should at least be
identified for consideration as an appointment to the water
management district board.

Five of the nine available seats will be appointed to those
qualifying for either generating one-ninth of the total
taxation, or in the alternative, one-ninth of the population.





Summary of 2791 (McKnight)
Water Management Districts
*- Page Two



A specific provision insures that no county will have more
than three members on the governing board at any one time.

Generally speaking, implementation of this schedule will be
on the basis of the occurrence of vacancies. In other words,
it is intended to provide for a smooth transition.

Since the schedule is based on variable numbers, (i.e. taxes
generated, or in the alternative, population) the counties
selected for membership will necessarily vary according to
their taxes generated and their population changes.

The above formula in no way restricts the Governor to make
appointments to any specific county. It simply insures that
counties generating a minimum level of taxation, or in the
alternative, aggregating a minimum percentage of the total
population, be at least considered on the governing board.







275-27A-1-6






1

2

3 A bill to be entitled :btc

4 An act relating to water management districts; .4

5 amending so 373.073(1), Florida Statutesv and o4/1

6 adding new subsections; removing provisions

7 relating to the timing of terms of office in .4/2

initial governing boards; replacing provisions

9 relating to the appointment and terms of

10 members of the governing board of the Southwest .4/3

11 Florida Water Management District with

12 alternative procedures for such appointment and .4/5

13 terms; removing provisions applying certain .4/6

14 residency requirements to the membership of the

15 Southwest Florida Water Management District .4/7

16 governing board; providing a basis for filling

17 vacancies on water management district o4/8

18 governing boards and controlling the

19 composition of governing boards; repealing 4/9

20 section 3 of chapter 61-691t Laws of Floridae

21 as amended relating to apportioning of *4/10

22 positions on the Southwest Florida Water

23 Management District governing board; providing ;*4/11

24 an effective date.

25

26 WHEREAS, it is imperative that the Governor appoint 1.4/13

27 numbers of the governing boards of the water management ].4/14

28 districts in a fair and equitable manner and

29 WHEREAS, such appointments should be based on county ]o4/16

30population, tax dollars generated to the water management ]o4/17

31

1






275-27Ao1*6









Districts. by the counties* "if applicable* and the geographic

2 area 3f each county within the water management district* an( 41


4' WHEREAS* it is imperative that both urban and rural l
areas are represented on such governing boards* and

5[ WHEREAS9 tne economy and water requirements of each 12

6 county in the water management district may vary* NOW* 2

THEREFORE*

8

9 as It Enacted by the Legislature of the State of Florida: sn

,or

11 Section Is Subsection (1) of section 373,o073*P Florid; 2

12 Statutesip is amendedip subsections (3) and (4) are renumbered 2/

13 as subsections (5) and (6) respectively and new subsections 2/

141 (3) and (4) are added to said section to read:

15 373*073 Governing board* 2

16 (1) The governing board of each water management \*/















r-nvar n0nr-% fi- vi nPDulnmLeots raemresentinag counties which

2 lanera3tuoe _n iaLht rmore ofthe districts tax contributions

3 r whichQntaIn onegninthor more of the total district

4pulatiQ _will be made as follows: one member will be

oij,_t&Aed for a__tegrm expiring in 1978; two members will be

pQlated _for rmns _exiring in 1979; and two members will be

7 aJtdforterms expiring in 1980,_ The remaining

agijtments_~ ill be_ made as follows: one member will be

92Pin2ted for a term expiring in 1978; one member will be

0 oittdr__fQor_ _-trmex2riLng in 1979; and two members will be







275-27A-1-6











3 (b) On the CentralI and Southern Florida Flood Contro, ;.25

4 District governing board as reconstituted by this chapter *25

5t~he tvio ter ms of of fice expitriang i n 1972 shal I be f i IIed f or .25

6 terms expiring,in July, 1475 and in addition three new ^25

7offic~ls are created for terms expiring in Julyv 1975;9 the two

8 terms of off ic-e expiring in 1973 shall be filled for terms of ^25

9office ebxpiring in Julyr 1977 andti n addition one new office^25

10 is hereby created for a term expiring in JulyP 1973; and the ^26

11 termai f office expiring in 1974 shall be filled for a term

12 expiring in Julyt 1977,o Thereafter all terms of office shall ^26

13 be for 4 years.

14 UU11jal.IJ _g_e -ale r..anagcement dis -tric ha s tax ing a/6

15 autority and 1s levying tdxQgs-ursuant to such autho- ritly

D16 aatng Lh^,coynais withjin ri.t, then va 17 cvrlgbad eteorotccrigateexraino 26







"275-27A-1-6






1 Z In all _other instances the replacement member may 2.2/74

2 lprA esident of any county in the water management districts .2/75
3bject toj thg limitation that no more than three residents of

4 ay goe county serve simultaneously2 In the event that a .2/76
5 ;quqty is a memIer of 3 or more water management districts ;.2/77

6h frG~gLrnor shall insure that the county is represented by a ;.2/78

7m _g.lr on at least one of the governing boards of such
g !sA!JJ~t

9 jhlt _f the water management district does not have .2/80
10 axin3_ thority r if it is not levying any tax within th .2/81

11 ditri ct- au_tLQUt_5t. axing authority then vaCancies on

12 t v gv.rning b"[oadswhpther or not ocCurring at the .2/83

13 expiration _of a member's term shalT lbe filled as follows: .2/84
14 1_ .Ifthe wa~.4jQr mnagement jdstrict includes counties .2/85

15 njdjidlly __otaning__ one-ninth or more -of the total
16 dilctrit Ippua.tion hen the replacement member of the board .2/86





23 2Q~i_ -2_Q 2U. t=gove nn g~~r. tp~~to ho2.ton
171 &ll = er r^sident.sha]f n.. smh countyy unless re6i3ents .f .2/87

182uch counties already_ ecupy five or more positions on the

1927 govringboarQd. In the event the district includes only one ; .2/88
20 county c~ontaininfg one-ninth or more of the total district ;.2y[89

218 populationn the replacement member shall be a resident of that 1.2/90

22 ;quaJy unless r.^Ldents .of.,that equnty alrea
23qgQSLUqn, o),the governing board. Population computations

24 nQ!_^rthis section shall be made using the most recent 2.2/92


26 2AIn all mother instances the replacement member may i .2/93

27p be resident of any county in the water management district 1.2/94

28 SujecJt tq thg limitation that no more than three residents of ^ .2/95

29 nylX Que couty ^Servg Slmyl~taDeouyl iIn thq evqnt, that a
30 ,uftySa___mgmpe_ of 3 or more water management districts 1 .2/96

31 Ojlperno_ shgL)_insurgethat the county is represented by a 4 .2/97
5







S275-27A-1-6







i ber___n _at least one _of the governing boards of such .2/98
2
2 Litucic u s.
L3 0__JNo more than three residents of any one county .2/99

4 shall serve simultaneously on _the governing board of a water ;2/104

5 nAnagement diLjstrict, Howeveri no person serving on a o2/10

governing boarg._d on the effective date of this act shall be

subject to removal under th provision for the duration of ; 2/10

8
8L ilStxactf oQfficeA
Section 2. Section 3 of chapter 61-6919 Laws of .2/10

10 Floridag as amended by chapters 63-6599 63-8499 and 71-724v o2/10

11 Laws of Floridav is hereby repealed*

12 Section 3. This act shall take effect upon becoming a .2/10

13 law.

14

15 I# ##,###++++++++++++++++ ++++++ : hbs

16 HOUSE SUMMARY :hbs

17 Replaces provisions relating to the appointment and terms o2/10
of members of the governing board of the Southwest o2/11
18 Florida Water Management District with provisions which
offar alternative methods of appointment and terms
19 dependent upon whether any county in the district .2/11
generates at least one-ninth of the districts tax
20 contributions or, if the district does not have taxing .2/11
authority, whether any county contains one-ninth or more .2/11
21 of the district population. *2/11

22 Repeals specific residency requirements applying to the o2/11
Southwest Florida Water Management District Governing .2/11
23 Board and provisions controlling the timing of terms of .2/11
office in initial governing boards.
24
Limits to three the number of members of governing boards ;.2/12
25 of water management districts who may be residents of the .*2/12
same county.
26
Provides a basis for filling vacancies on water 4.2/12
27 management district governing boards in districts having .*2/12
one or more counties generating one-ninth or more of the \*2/12
28 district's tax contributions or, where the district 4.2/13
lacks taxing authority in districts having one or more .o2/13
29 counties containing one-ninth or more of the district ;.2/13
population.
30

31

6




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