Water Management Districts

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A bill to be entitled 1
An act relating to water management districts; 2
amending s. 112.3261, F.S.; defining the term 3
"expenditure"; requiring the Commission on Ethics to 4
investigate a lobbyist or principal who has made a 5
prohibited expenditure and to provide the Governor 6
with a report of its findings and recommendations 7
regarding such investigation; prohibiting certain 8
persons from making or accepting expenditures; 9
amending s. 373.0693, F.S.; deleting a provision 10
requiring legislative approval before the 11
establishment of a subdistrict or basin in a certain 12
water management district takes effect; amending s. 13
373.079, F.S.; requiring a quorum for the conduct of 14
official business by the governing board of a water 15
management district; providing requirements for a 16
quorum; requiring an affirmative vote of a majority of 17
the members of the governing board before any action 18
may be taken by the board; amending s. 373.470, F.S.; 19
requiring the South Florida Water Management District, 20
in cooperation with the Department of Environmental 21
Protection, to provide a detailed report that includes 22
the total estimated remaining cost of implementation 23
of the Comprehensive Everglades Restoration Plan and 24
the status of applicable performance indicators for 25

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all project components; requiring that the project 26
components be subdivided into specified categories 27
based on the project's status; specifying requirements 28
for performance indicators for certain projects or 29
project components; providing legislative recognition 30
of the value of the integrated delivery schedule; 31
requiring the South Florida Ecosystem Restoration Task 32
Force to identify certain sources of funding when 33
making recommendations for updates to the integrated 34
delivery schedule; amending s. 373.501, F.S.; 35
prohibiting a water management district from using 36
state funds for a specified purpose; providing an 37
exception; amending s. 373.503, F.S.; authorizing 38
water management districts to levy certain ad valorem 39
taxes on specified property for certain purposes; 40
requiring a district governing board levying ad 41
valorem taxes for certain projects to adopt a 42
resolution approved by a majority vote of the voting 43
electors in the district or basin; specifying 44
requirements for such resolution; providing 45
specifications for the millage levied; requiring that 46
the referendum question on the ballot specify the 47
purpose of the levy and the maximum length of time the 48
millage may be imposed; defining the term "capital 49
improvement projects"; revising requirements for the 50

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maximum total millage rate; reenacting and amending s. 51
373.535, F.S.; requiring that the preliminary budget 52
for each water management district include a section 53
that contains the district's capital improvement plan 54
for the current fiscal year and the next fiscal year; 55
requiring that such section contain specified 56
information; requiring the South Florida Water 57
Management District to include a section in its 58
preliminary budget for all projects within the 59
Comprehensive Everglades Restoration Plan; requiring 60
that the section contain specified information; 61
requiring the South Florida Water Management District 62
to indicate the fiscal year from which certain 63
appropriations are expended; requiring the district to 64
incorporate state revenues in a certain manner when 65
estimating expenditures for the next fiscal year; 66
providing an exception; providing construction; 67
amending s. 373.536, F.S.; authorizing the Legislative 68
Budget Commission to reject certain district budget 69
proposals; providing an exception; providing 70
construction; requiring the South Florida Water 71
Management District to include in its budget document 72
certain sections that incorporate the actual amount of 73
state revenues appropriated for the fiscal year; 74
requiring that a water management district's tentative 75

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budget for its proposed operations and funding 76
requirements include the district's capital 77
improvement plan for the current year and the next 78
fiscal year; amending s. 373.6075, F.S.; requiring a 79
water management district to give preference to 80
certain bids, proposals, or replies for the design, 81
engineering, or construction of capital improvement 82
projects in excess of a specified amount; requiring a 83
water management district to consider certain factors 84
for the purpose of the competitive bid selection 85
process; amending s. 380.093, F.S.; requiring that 86
certain projects submitted by water management 87
districts to the department for the Statewide Flooding 88
and Sea Level Rise Resilience Plan be ranked on a 89
separate list; revising the list of information that 90
must be submitted by the department for each project; 91
specifying the composition of the total amount of 92
funding for such plan; restricting funding available 93
to water management districts; reenacting s. 373.0697, 94
F.S., relating to basin taxes, to incorporate the 95
amendment made to s. 373.503, F.S., in a reference 96
thereto; providing an effective date. 97
98
Be It Enacted by the Legislature of the State of Florida: 99
100

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Section 1. Present paragraphs (b), (c), and (d) of 101
subsection (1) of section 11.3261, Florida Statutes, are 102
redesignated as paragraphs (c), (d), and (e), respectively, a 103
new paragraph (b) is added to that subsection, subsection (9) is 104
added to that section, and subsection (7) of that section is 105
amended, to read: 106
112.3261 Lobbying before water management districts; 107
registration and reporting.— 108
(1) As used in this section, the term: 109
(b) "Expenditure" has the same meaning as in s. 112.3215. 110
(7) Upon receipt of a sworn complaint alleging that a 111
lobbyist or principal has failed to register with a district, 112
has made a prohibited expenditure, or has knowingly submitted 113
false information in a report or registration required under 114
this section, the commission shall investigate a lobbyist or 115
principal pursuant to the procedures established under s. 116
112.324. The commission shall provide the Governor with a report 117
of its findings and recommendations in any investigation 118
conducted pursuant to this subsection. The Governor is 119
authorized to enforce the commission's findings and 120
recommendations. 121
(9) Notwithstanding s. 112.3148, s. 112.3149, or any other 122
law, a lobbyist or principal may not make, directly or 123
indirectly, any expenditure, and a district governing board 124
member, an executive director, or any district employee who 125

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qualifies as a local officer as defined in s. 112.3145(1) may 126
not knowingly accept, directly or indirectly, any expenditure. 127
Section 2. Subsection (1) of section 373.0693, Florida 128
Statutes, is amended to read: 129
373.0693 Basins; basin boards.— 130
(1)(a) Any areas within a district may be designated by 131
the district governing board as subdistricts or basins. The 132
designations of such basins must shall be made by the district 133
governing board by resolutions thereof. The governing board of 134
the district may change the boundaries of such basins, or create 135
new basins, by resolution. 136
(b) No subdistrict or basin in the St. Johns River Water 137
Management District other than established by this act shall 138
become effective until approved by the Legislature. 139
Section 3. Subsection (7) of section 373.079, Florida 140
Statutes, is amended to read: 141
373.079 Members of governing board; oath of office; 142
staff.— 143
(7) The governing board shall meet at least once a month 144
and upon call of the chair. A quorum is necessary for the board 145
to conduct official business. A majority of the members of the 146
governing board, which includes both appointed members and 147
vacancies, constitutes a quorum. A board member's appearance at 148
a board meeting, whether such appearance is in person or through 149
the use of communications media technology, must be counted for 150

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the determination of a quorum. Except where otherwise provided 151
by law, action may be taken by the governing board only upon an 152
affirmative vote of a majority of the members of the governing 153
board. The governing board, a basin board, a committee, or an 154
advisory board may conduct meetings by means of communications 155
media technology in accordance with rules adopted pursuant to s. 156
120.54(5)(b) s. 120.54. 157
Section 4. Subsection (7) of section 373.470, Florida 158
Statutes, is amended, and subsection (8) is added to that 159
section, to read: 160
373.470 Everglades restoration.— 161
(7) ANNUAL REPORT.—To provide enhanced oversight of and 162
accountability for the financial commitments established under 163
this section and the progress made in the implementation of the 164
comprehensive plan, the following information must be prepared 165
annually as part of the consolidated annual report required by 166
s. 373.036(7): 167
(a) The district, in cooperation with the department, 168
shall provide the following information as it relates to 169
implementation of the comprehensive plan: 170
1. An identification of funds, by source and amount, 171
received by the state and by each local sponsor during the 172
fiscal year. 173
2. An itemization of expenditures, by source and amount, 174
made by the state and by each local sponsor during the fiscal 175

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year. 176
3. A description of the purpose for which the funds were 177
expended. 178
4. The unencumbered balance of funds remaining in trust 179
funds or other accounts designated for implementation of the 180
comprehensive plan. 181
5. A schedule of anticipated expenditures for the next 182
fiscal year. 183
(b) The department shall prepare a detailed report on all 184
funds expended by the state and credited toward the state's 185
share of funding for implementation of the comprehensive plan. 186
The report shall include: 187
1. A description of all expenditures, by source and 188
amount, from the former Conservation and Recreation Lands Trust 189
Fund, the Land Acquisition Trust Fund, the former Preservation 190
2000 Trust Fund, the Florida Forever Trust Fund, the Save Our 191
Everglades Trust Fund, and other named funds or accounts for the 192
acquisition or construction of project components or other 193
features or facilities that benefit the comprehensive plan. 194
2. A description of the purposes for which the funds were 195
expended. 196
3. The unencumbered fiscal-year-end balance that remains 197
in each trust fund or account identified in subparagraph 1. 198
(c) The district, in cooperation with the department, 199
shall provide a detailed report on progress made in the 200

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implementation of the comprehensive plan, including the total 201
estimated remaining cost of implementation of the comprehensive 202
plan. The report must also include the status of and applicable 203
performance indicators for all project components. The project 204
components must be subdivided into the following categories 205
based on the project's status: 206
1. Planning and design phase. 207
2. Construction phase, for which the performance 208
indicators must include, but are not limited to: 209
a. Whether the project is on time and on budget based on a 210
schedule performance index; and 211
b. Whether the project had any claims, change orders, or 212
credits upon closeout, including the description, date, and cost 213
of the change, compensatory amounts, and the remedy or 214
resolution exercised as it pertains to the schedule or budget of 215
the project. 216
3. Operational phase, for which the performance indicators 217
must include, but are not limited to, whether the operation of 218
the project is achieving the goals and objectives identified in 219
the final project implementation report. 220
4. Pending projects phase, which includes project 221
components that have not yet entered the planning or design 222
phase. 223
5. The estimated expenditures for the project in the prior 224
fiscal year compared to the actual expenditures, with an 225

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explanation for significant variances initiated after the 226
effective date of this act or the date of the last report 227
prepared under this subsection, whichever is later. 228
(d) For a project or project component developed pursuant 229
to s. 255.065, the performance indicators in the report must be 230
consistent with national industry standards for the delivery 231
method. 232
233
The information required in paragraphs (a), (b), and (c), and 234
(d) must shall be provided as part of the consolidated annual 235
report required by s. 373.036(7). Each annual report is due by 236
March 1. 237
(8) INTEGRATED DELIVERY SCHEDULE.—The Legislature 238
recognizes the value of the integrated delivery schedule as a 239
forward-looking snapshot of upcoming planning, design, and 240
construction schedules for the comprehensive plan and as a tool 241
that provides information to decision-makers and facilitates 242
achievement of the goals and purposes of the comprehensive plan 243
at the earliest possible time to the extent practical, given 244
funding, engineering, and other contractual constraints. The 245
Legislature further recognizes that the schedule acts as a 246
planning document and does not represent a budget or financial 247
commitment on behalf of any of the participants of the South 248
Florida Ecosystem Restoration Task Force. Therefore, when making 249
recommendations for any update to the schedule, state and local 250

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members of the task force shall identify project funding sources 251
to reflect whether funding will use recurring state funds 252
provided pursuant to s. 375.041(3)(b)1., 4., and 5., or whether 253
the project may be funded with nonrecurring state funds. 254
Section 5. Subsection (3) is added to section 373.501, 255
Florida Statutes, to read: 256
373.501 Appropriation of funds to water management 257
districts.— 258
(3) A water management district may not use state funds as 259
a local match for any state grant program unless such funds have 260
been specifically appropriated to the district for such purpose. 261
Section 6. Subsection (3) of section 373.503, Florida 262
Statutes, is amended to read: 263
373.503 Manner of taxation.— 264
(3)(a)1. The districts may, by resolution adopted by a 265
majority vote of the governing board, levy ad valorem taxes on 266
property within the district solely for the purposes of this 267
chapter and of chapter 25270, 1949, Laws of Florida, as amended, 268
and chapter 61-691, Laws of Florida, as amended. If appropriate, 269
taxes levied by each governing board may be separated by the 270
governing board into a millage necessary for the purposes of the 271
district and a millage necessary for financing basin functions 272
specified in s. 373.0695. 273
2.a. A district may levy separate ad valorem taxes on 274
property within the district or basin for the purposes of the 275

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construction of capital improvement projects. Such levy must be 276
by resolution adopted by a majority vote of the district's 277
governing board and conditioned to take effect only upon 278
approval by a majority vote of the electors in the district or 279
basin, as applicable, voting in a referendum held at a general 280
election as defined in s. 97.021. The resolution must be 281
conditioned to take effect on the January 1 immediately 282
following voter approval of the referendum. The resolution must 283
include the millage to be levied, a detailed description of the 284
capital improvement projects to be funded by the millage, such 285
projects' expected dates of completion, and the maximum duration 286
for the levy of the millage, which may not extend beyond the 287
date that the projects are expected to be completed. The millage 288
levied under this subparagraph may be up to an amount that, when 289
combined with millage levied under subparagraph 1., does not 290
exceed the maximum total millage rate authorized under paragraph 291
(b). The referendum question on the ballot must specify a brief 292
and general description of the purpose of the levy and the 293
maximum length of time the millage may be imposed. 294
b. For purposes of this subparagraph, the term "capital 295
improvement projects" means projects related to water supply, 296
including alternative water supply and water resource 297
development projects identified in the district's regional water 298
supply plans, water quality, flood protection and floodplain 299
management, and natural systems. 300

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(b)(a) Notwithstanding any other general or special law, 301
and subject to subsection (4), the maximum total millage rate 302
for all district and basin purposes authorized under this 303
section shall be: 304
1. Northwest Florida Water Management District: 0.05 mill. 305
2. Suwannee River Water Management District: 0.75 mill. 306
3. St. Johns River Water Management District: 0.6 mill. 307
4. Southwest Florida Water Management District: 1.0 mill. 308
5. South Florida Water Management District: 0.80 mill. 309
(c)(b) The apportionment of millages levied pursuant to 310
subparagraph (a)1. in the South Florida Water Management 311
District shall be a maximum of 40 percent for district purposes 312
and a maximum of 60 percent for basin purposes, respectively. 313
(d)(c) Within the Southwest Florida Water Management 314
District, the maximum millage assessed for district purposes may 315
not exceed 50 percent of the total authorized millage if there 316
are one or more basins in the district, and the maximum millage 317
assessed for basin purposes may not exceed 50 percent of the 318
total authorized millage. 319
Section 7. Section 373.535, Florida Statutes, is amended 320
to read: 321
373.535 Preliminary district budgets.— 322
(1) BUDGET DEVELOPMENT.— 323
(a) By January 15 of each year, each water management 324
district shall submit a preliminary budget for the next fiscal 325

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year for legislative review to the President of the Senate, the 326
Speaker of the House of Representatives, and the chairs of each 327
legislative committee and subcommittee having substantive or 328
fiscal jurisdiction over water management districts, as 329
determined by the President of the Senate or the Speaker of the 330
House of Representatives, as applicable, in the form and manner 331
prescribed in s. 373.536(5)(e). 332
(b) Each preliminary budget must also include: 333
1. A section that clearly identifies and provides 334
justification for each proposed expenditure listed in s. 335
373.536(5)(e)4.e. and f. and identifies the source of funds for 336
each proposed expenditure. 337
2. A section identifying the justification for proposed 338
expenditures by core mission area of responsibility and the 339
source of funds needed for activities related to water supply, 340
including alternative water supply and water resource 341
development projects identified in the district's regional water 342
supply plans, water quality, flood protection and floodplain 343
management, and natural systems. 344
3. A section that includes the district's capital 345
improvement plan for the current fiscal year and the next fiscal 346
year, which will be incorporated as part of the district's 5-347
year capital improvement plan. The following information must be 348
included for each project contained in the capital improvement 349
plan: 350

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a. Estimated beginning and ending date. 351
b. Current status, such as planning, construction, or 352
operations. 353
c. Funding source, grouped by federal, state, and local 354
pursuant to s. 373.503(3)(a)1., local pursuant to s. 355
373.503(3)(a)2., or other. 356
d. Total cost of the project. 357
e. Whether the project is funded from reserves. 358
f. Total expenditures made to date, by fiscal year. 359
g. Current year estimated expenditures. 360
h. Annual budget, including future budget requests, until 361
project completion, by funding source. 362
i. Project description. 363
j. State program code, such as operations and maintenance 364
or ecosystems restoration. 365
4.3. A section reviewing the adopted and proposed budget 366
allocations by program area and the performance metrics for the 367
prior year. 368
5.4. An analysis of each preliminary budget to determine 369
the adequacy of fiscal resources available to the district and 370
the adequacy of proposed district expenditures related to the 371
core mission areas of responsibility for water supply, including 372
alternative water supply and water resource development projects 373
identified in the district's regional water supply plans, water 374
quality, flood protection and floodplain management, and natural 375

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systems. The analysis must be based on the particular needs 376
within each district for core mission areas of responsibility. 377
The water supply analysis must specifically include a 378
determination of the adequacy of each district's fiscal 379
resources provided in the district's preliminary budget to 380
achieve appropriate progress toward meeting the districtwide 20-381
year projected water supply demands, including funding for 382
alternative water supply development and conservation projects. 383
(c)(b) If applicable, the preliminary budget for each 384
district must specify that the district's first obligation for 385
payment is the debt service on bonds and certificates of 386
participation. 387
(d) In addition to the information that must be included 388
for projects carried out pursuant to the capital improvement 389
plan in subparagraph (b)3., the South Florida Water Management 390
District must include a separate section in its preliminary 391
budget for all projects within the Comprehensive Everglades 392
Restoration Plan. The information for the separate section must 393
be provided on a project-by-project basis and include the source 394
of funds. For each project, all of the following information 395
must be included: 396
1. The project title and a brief description. 397
2. The total estimated cost of the project, delineated by 398
federal and nonfederal sponsor obligations. The local sponsor 399
obligations must be further delineated by state and district 400

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obligations. 401
3. The timeline for the project. 402
4. The total expenditures to date and estimated remaining 403
expenditures needed for project completion. 404
5. The estimate of expenditures for the current year. 405
6. The estimate of expenditures for the next fiscal year. 406
(e) For expenditures funded by state appropriations, the 407
South Florida Water Management District shall indicate which 408
fiscal year the appropriation is from. In estimating 409
expenditures for the next fiscal year, the district may 410
incorporate state revenues only in an amount up to the amount of 411
funds specifically provided in s. 375.041(3)(b)1., 4., and 5., 412
unless the district commits district revenues on a dollar-for-413
dollar basis for any amount over such amount specifically 414
provided. 415
(2) LEGISLATIVE REVIEW.— 416
(a) The Legislature may annually review the preliminary 417
budget for each district, including, but not limited to, those 418
items listed in s. 373.536(5)(e)4.d.-f., specific to regulation, 419
outreach, management, and administration program areas. 420
(b) On or before March 1 of each year, the President of 421
the Senate and the Speaker of the House of Representatives may 422
submit comments regarding the preliminary budget to the 423
districts, and provide a copy of the comments to the Executive 424
Office of the Governor. Each district shall respond to the 425

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comments in writing on or before March 15 of each year to the 426
President of the Senate, the Speaker of the House of 427
Representatives, and the Executive Office of the Governor. 428
(c) If, following such review, the Legislature does not 429
take any action pursuant to s. 373.503 on or before July 1 of 430
each year, a water management district may proceed with budget 431
development as provided in subsection (3) and s. 373.536. 432
(3) FUNDING AUTHORITY GRANTED.—Each district shall use the 433
preliminary budget as submitted pursuant to subsection (1), and 434
as may be amended by the district in response to review by the 435
Legislature pursuant to this section and s. 373.503, as the 436
basis for developing the tentative budget for the next fiscal 437
year as provided in s. 373.536(5). However, this subsection may 438
not be construed to impair any contractual obligations. 439
Section 8. Paragraphs (c) and (e) of subsection (5) of 440
section 373.536, Florida Statutes, are amended to read: 441
373.536 District budget and hearing thereon.— 442
(5) TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND 443
APPROVAL.— 444
(c) The Legislative Budget Commission may reject any of 445
the following district budget proposals unless specifically 446
appropriated by the Legislature: 447
1. A single purchase of land in excess of $10 million, 448
except for land exchanges. 449
2. Any cumulative purchase of land during a single fiscal 450

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year in excess of $50 million. 451
3. Any issuance of debt on or after July 1, 2012. 452
4. Any program expenditure expenditures as described in 453
sub-subparagraphs (e)4.e. and f. in excess of 15 percent of a 454
district's total annual budget. 455
5. Any individual variance variances in a district's 456
tentative budget which is in excess of 25 percent from a 457
district's preliminary budget. 458
6. Any individual portion of a district's tentative budget 459
funded with state appropriations. 460
7. Any individual project in the district's 5-year capital 461
improvement plan, except for those projects fully funded with 462
revenues approved by voters pursuant to s. 373.503(3)(a)2.a. 463
464
Written disapproval of any provision in the tentative budget 465
must be received by the district at least 5 business days before 466
the final district budget adoption hearing conducted under s. 467
200.065(2)(d). If written disapproval is not received at least 5 468
business days before the final budget adoption hearing, the 469
governing board may proceed with final adoption. Any provision 470
rejected by the Executive Office of the Governor or the 471
Legislative Budget Commission may not be included in a 472
district's final budget and may not be acted upon through any 473
other means without the prior approval of the entity rejecting 474
the provision. 475

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(e) The tentative budget must be based on the preliminary 476
budget as submitted to the Legislature, and as may be amended by 477
the district in response to review by the Legislature pursuant 478
to ss. 373.503 and 373.535, as the basis for developing the 479
tentative budget for the next fiscal year as provided in this 480
subsection; however, this subsection may not be construed to 481
impair any contractual obligations. The tentative budget, and 482
must set forth the proposed expenditures of the district, to 483
which may be added an amount to be held as reserve. The 484
tentative budget must include, but is not limited to, the 485
following information for the preceding fiscal year and the 486
current fiscal year, and the proposed amounts for the upcoming 487
fiscal year, in a standard format prescribed by the Executive 488
Office of the Governor, in consultation with the Legislature: 489
1. The estimated amount of funds remaining at the 490
beginning of the fiscal year which have been obligated for the 491
payment of outstanding commitments not yet completed. 492
2. The estimated amount of unobligated funds or net cash 493
balance on hand at the beginning of the fiscal year; an 494
accounting of the source, balance, and projected future use of 495
the unobligated funds; and the estimated amount of funds to be 496
raised by district taxes or received from other sources to meet 497
the requirements of the district. 498
3. The millage rates and the percentage increase above the 499
rolled-back rate, together with a summary of the reasons the 500

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increase is required, and the percentage increase in taxable 501
value resulting from new construction within the district. 502
4. The salaries and benefits, expenses, operating capital 503
outlay, number of authorized positions, and other personal 504
services for the following program areas of the district: 505
a. Water resource planning and monitoring; 506
b. Land acquisition, restoration, and public works; 507
c. Operation and maintenance of works and lands; 508
d. Regulation; 509
e. Outreach for which the information provided must 510
contain a full description and accounting of expenditures for 511
water resources education; public information and public 512
relations, including public service announcements and 513
advertising in any media; and lobbying activities related to 514
local, regional, state and federal governmental affairs, whether 515
incurred by district staff or through contractual services; and 516
f. Management and administration. 517
518
In addition to the program areas reported by all water 519
management districts, the South Florida Water Management 520
District shall include in its budget document separate sections 521
on all costs associated with the Everglades Construction Project 522
and the Comprehensive Everglades Restoration Plan, incorporating 523
the amount of state revenues appropriated for the fiscal year. 524
5. The total estimated amount in the district budget for 525

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each area of responsibility listed in subparagraph 4. and for 526
water resource, water supply, and alternative water supply 527
development projects identified in the district's regional water 528
supply plans. 529
6. A description of each new, expanded, reduced, or 530
eliminated program. 531
7. The funding sources, including, but not limited to, ad 532
valorem taxes, Surface Water Improvement and Management Program 533
funds, other state funds, federal funds, and user fees and 534
permit fees for each program area. 535
8. The water management district's capital improvement 536
plan for the current fiscal year and the next fiscal year, in 537
the same format as required in the preliminary budget. 538
Section 9. Section 373.6075, Florida Statutes, is amended 539
to read: 540
373.6075 Purchases from contracts of other entities.— 541
(1) A water management district may purchase commodities 542
and contractual services, excluding services subject to s. 543
287.055, from the purchasing contracts of special districts, 544
municipalities, counties, other political subdivisions, 545
educational institutions, other states, nonprofit entities, 546
purchasing cooperatives, or the Federal Government, which have 547
been procured pursuant to competitive bid, request for proposal, 548
request for qualification, competitive selection, or competitive 549
negotiation, and which are otherwise in compliance with general 550

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law if the purchasing contract of the other entity is procured 551
by a process that meets the procurement requirements of the 552
water management district. 553
(2) For contractual services for the design, engineering, 554
or construction, or for any combination of the design, 555
engineering, or construction of capital improvement projects 556
with a total project cost estimated at $20 million or more, a 557
water management district shall give preference to the lowest 558
responsible and responsive bid, proposal, or reply that includes 559
proof of district-defined acceptable minimum work experience 560
within this state, project-specific payment and performance 561
bonds in amounts appropriate for the project contract amount, 562
and minimum warranty of 2 years beginning at substantial 563
completion, or that includes proof of a comparable financial 564
assurance mechanism, as defined by district rule. 565
(3) For the purpose of the competitive selection process 566
in s. 287.055(4) or procurement procedures in s. 255.065(3), a 567
water management district shall consider whether a bid, 568
proposal, or reply includes appropriate payment and performance 569
bonds, proof of a comparable financial assurance mechanism, as 570
defined by district rule, or documentation of all bond faults or 571
bond claims within the last 10 years, including all open and 572
closed claims and agreed-upon amounts with a description of the 573
claim and any resolution. 574
Section 10. Paragraphs (a), (c), (d), (e), and (h) of 575

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subsection (5) of section 380.093, Florida Statutes, are amended 576
to read: 577
380.093 Resilient Florida Grant Program; comprehensive 578
statewide flood vulnerability and sea level rise data set and 579
assessment; Statewide Flooding and Sea Level Rise Resilience 580
Plan; regional resilience entities.— 581
(5) STATEWIDE FLOODING AND SEA LEVEL RISE RESILIENCE 582
PLAN.— 583
(a) By December 1 of each year, the department shall 584
develop a Statewide Flooding and Sea Level Rise Resilience Plan 585
on a 3-year planning horizon and submit it to the Governor, the 586
President of the Senate, and the Speaker of the House of 587
Representatives. The plan must consist of ranked projects that 588
address risks of flooding and sea level rise to coastal and 589
inland communities in the state. All eligible projects submitted 590
to the department pursuant to this section must be ranked and 591
included in the plan. All eligible projects submitted by a water 592
management district must be ranked on a separate list. Each plan 593
must include a detailed narrative overview describing how the 594
plan was developed, including a description of the methodology 595
used by the department to determine project eligibility, a 596
description of the methodology used to rank projects, the 597
specific scoring system used, the project proposal application 598
form, a copy of each submitted project proposal application form 599
separated by eligible projects and ineligible projects, the 600

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total number of project proposals received and deemed eligible, 601
the total funding requested, and the total funding requested for 602
eligible projects. 603
(c) Each plan submitted by the department pursuant to this 604
subsection must include all of the following information for 605
each recommended project: 606
1. A description of the project. 607
2. The location of the project. 608
3. An estimate of how long the project will take to 609
complete. 610
4. An estimate of the cost of the project. 611
5. The cost-share percentage available for the project, if 612
applicable. 613
6. A summary of the priority score assigned to the 614
project. 615
7. The project sponsor. 616
(d)1. By September 1 of each year, all of the following 617
entities may submit to the department a list of proposed 618
projects that address risks of flooding or sea level rise 619
identified in the comprehensive statewide flood vulnerability 620
and sea level rise assessment or vulnerability assessments that 621
meet the requirements of subsection (3): 622
a. Counties. 623
b. Municipalities. 624
c. Special districts as defined in s. 189.012 which are 625

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responsible for the management and maintenance of inlets and 626
intracoastal waterways or for the operation and maintenance of a 627
potable water facility, a wastewater facility, an airport, or a 628
seaport facility. 629
d. Regional resilience entities acting on behalf of one or 630
more member counties or municipalities. 631
632
For the plans submitted by December 1, 2024, such entities may 633
submit projects identified in existing vulnerability assessments 634
that do not comply with subsection (3) only if the entity is 635
actively developing a vulnerability assessment that is either 636
under a signed grant agreement with the department pursuant to 637
subsection (3) or funded by another state or federal agency, or 638
is self-funded and intended to meet the requirements of 639
paragraph (3)(d) or if the existing vulnerability assessment was 640
completed using previously compliant statutory requirements. 641
Projects identified from this category of vulnerability 642
assessments will be eligible for submittal until the prior 643
vulnerability assessment has been updated to meet most recent 644
statutory requirements. 645
2. By September 1 of each year, all of the following 646
entities may submit to the department a list of any proposed 647
projects that address risks of flooding or sea level rise 648
identified in the comprehensive statewide flood vulnerability 649
and sea level rise assessment or vulnerability assessments that 650

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meet the requirements of subsection (3), or that mitigate the 651
risks of flooding or sea level rise on water supplies or water 652
resources of the state and a corresponding evaluation of each 653
project: 654
a. Water management districts. 655
b. Drainage districts. 656
c. Erosion control districts. 657
d. Flood control districts. 658
e. Regional water supply authorities. 659
3. Each project submitted to the department pursuant to 660
this paragraph for consideration by the department for inclusion 661
in the plan must include all of the following information: 662
a. A description of the project. 663
b. The location of the project. 664
c. An estimate of how long the project will take to 665
complete. 666
d. An estimate of the cost of the project. 667
e. The cost-share percentage available for the project, if 668
applicable. 669
f. The project sponsor. 670
(e) Each project included in the plan must have a minimum 671
50 percent cost share unless the project assists or is within a 672
community eligible for a reduced cost share. For purposes of 673
this section, the term "community eligible for a reduced cost 674
share" means: 675

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1. A municipality that has a population of 10,000 or less 676
fewer, according to the most recent April 1 population estimates 677
posted on the Office of Economic and Demographic Research's 678
website, and a per capita annual income that is less than the 679
state's per capita annual income as shown in the most recent 680
release from the Bureau of the Census of the United States 681
Department of Commerce that includes both measurements; 682
2. A county that has a population of 50,000 or less fewer, 683
according to the most recent April 1 population estimates posted 684
on the Office of Economic and Demographic Research's website, 685
and a per capita annual income that is less than the state's per 686
capita annual income as shown in the most recent release from 687
the Bureau of the Census of the United States Department of 688
Commerce that includes both measurements; or 689
3. A municipality or county that has a per capita annual 690
income that is equal to or less than 75 percent of the state's 691
per capita annual income as shown in the most recent release 692
from the Bureau of the Census of the United States Department of 693
Commerce. 694
(h) The total amount of funding proposed for each year of 695
the plan must may not be at least less than $100 million. No 696
more than 25 percent of the total amount proposed may fund 697
projects submitted by water management districts. Upon review 698
and subject to appropriation, the Legislature shall approve 699
funding for the projects as specified in the plan. Multiyear 700

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projects that receive funding for the first year of the project 701
must be included in subsequent plans and funded until the 702
project is complete, provided that the project sponsor has 703
complied with all contractual obligations and funds are 704
available. 705
Section 11. For the purpose of incorporating the amendment 706
made by this act to section 373.503, Florida Statutes, in a 707
reference thereto, section 373.0697, Florida Statutes, is 708
reenacted to read: 709
373.0697 Basin taxes.—The respective basins may, pursuant 710
to s. 9(b), Art. VII of the State Constitution, by resolution 711
request the governing board of the district to levy ad valorem 712
taxes within such basin. Upon receipt of such request, a basin 713
tax levy shall be made by the governing board of the district to 714
finance basin functions enumerated in s. 373.0695, 715
notwithstanding the provisions of any other general or special 716
law to the contrary, and subject to the provisions of s. 717
373.503(3). 718
(1) The amount of money to be raised by said tax levy 719
shall be determined by the adoption of an annual budget by the 720
district board of governors, and the average millage for the 721
basin shall be that amount required to raise the amount called 722
for by the annual budget when applied to the total assessment of 723
the basin as determined for county taxing purposes. However, no 724
such tax shall be levied within the basin unless and until the 725

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annual budget and required tax levy shall have been approved by 726
formal action of the basin board, and no county in the district 727
shall be taxed under this provision at a rate to exceed 1 mill. 728
(2) The taxes provided for in this section shall be 729
extended by the county property appraiser on the county tax roll 730
in each county within, or partly within, the basin and shall be 731
collected by the tax collector in the same manner and time as 732
county taxes, and the proceeds therefrom paid to the district 733
for basin purposes. Said taxes shall be a lien, until paid, on 734
the property against which assessed and enforceable in like 735
manner as county taxes. The property appraisers, tax collectors, 736
and clerks of the circuit court of the respective counties shall 737
be entitled to compensation for services performed in connection 738
with such taxes at the same rates as apply to county taxes. 739
(3) It is hereby determined that the taxes authorized by 740
this subsection are in proportion to the benefits to be derived 741
by the several parcels of real estate within the basin from the 742
works authorized herein. 743
Section 12. This act shall take effect July 1, 2026. 744