September 23, 2020
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       Florida Senate - 2010                                    SB 1712
       
       
       
       By Senator Bennett
       
       
       
       
       21-01074-10                                           20101712__
    1                        A bill to be entitled                      
    2         An act relating to county water system and sanitary
    3         sewer financing; amending s. 153.02, F.S.; defining
    4         the terms “system capacity charge,” “contribution-in
    5         aid-of-construction,” “contributor,” and “hydraulic
    6         share”; amending s. 153.11, F.S.; providing that if a
    7         contributor is charged a system capacity charge, the
    8         charge must be based on the actual hydraulic share
    9         applied to the contributor during the preceding 12
   10         month period; requiring that the county commission
   11         refund to the contributor the difference between the
   12         charge imposed during the 12-month period and the
   13         hydraulic share if the system capacity charge is an
   14         amount greater than the hydraulic share; providing
   15         that if the system capacity charge is in an amount
   16         less than the hydraulic share for the preceding 12
   17         month period, the county commission may require the
   18         contributor to pay the difference between the charges;
   19         providing that if a contributor is charged a system
   20         capacity charge, the system capacity charge must be
   21         based on the actual hydraulic share used by the
   22         contributor during the preceding 12-month period;
   23         providing an effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 153.02, Florida Statutes, is amended to
   28  read:
   29         153.02 Definitions.—As used in this part, the term
   30  following words and terms shall have the following meanings
   31  unless some other meaning is plainly indicated:
   32         (1) The word “County” means shall mean any of the several
   33  counties of the state operating under the authority granted by
   34  this chapter.
   35         (2) The term “County commission” or the word “commission”
   36  means shall mean the board of county commissioners of any county
   37  operating under the powers granted by this chapter.
   38         (3) The term “Water system” means shall mean and shall
   39  include any plant, wells, pipes, tanks, reservoirs, system,
   40  facility, or property used or useful or having the present
   41  capacity for future use in connection with the obtaining and
   42  supplying water and alternative water supplies, including, but
   43  not limited to, reclaimed water and water from aquifer storage
   44  and recovery and desalination systems, for human consumption,
   45  fire protection, irrigation, consumption by business, or
   46  consumption by industry, and, without limiting the generality of
   47  the foregoing definition, includes shall embrace all necessary
   48  appurtenances and equipment and shall include all property,
   49  rights, easements, and franchises relating to any such system
   50  and deemed necessary or convenient for the operation of the
   51  system thereof.
   52         (4) The term “Water system improvements” mean shall include
   53  all water pipes or lines, valves, meters, and other water
   54  supplying equipment within the county other than such equipment
   55  as constitute a part of the water supply system and includes
   56  shall embrace water mains and laterals for the carrying of water
   57  to the premises connected therewith and for carrying such water
   58  from some part of the water supply system.
   59         (5) The term “Sewage disposal system” means shall mean and
   60  shall include any plant, system, facility, or property used or
   61  useful or having the present capacity for future use in
   62  connection with the collection, treatment, purification, or
   63  disposal of sewage, or reuse of wastewater, and, without
   64  limiting the generality of the foregoing definition, includes
   65  shall embrace treatment plants, pumping stations, intercepting
   66  sewers, pressure lines, mains, and all necessary appurtenances
   67  and equipment and includes shall include all property, rights,
   68  easements, and franchises relating to any such system and deemed
   69  necessary or convenient for the operation of the system thereof.
   70         (6) The term “Sewer improvements” mean shall include all
   71  sanitary sewers within the county other than such mains and
   72  lines as constitute a part of a sewage disposal system, and
   73  includes shall embrace sewer mains and laterals for the
   74  reception of sewage from premises connected therewith and for
   75  carrying the such sewage to some part of the sewage disposal
   76  system or for the distribution of reclaimed sewage for reuse.
   77         (7) The word “Facility” means shall mean such water
   78  systems, sewage disposal systems, water system improvements, or
   79  and/or sewer improvements or additions thereto as are defined by
   80  this chapter.
   81         (8) The word “Cost” as applied to a water supply system or
   82  extensions or additions thereto or to water supply improvements
   83  or to a sewage disposal system or extensions or additions
   84  thereto or to sewer improvements means shall include the cost of
   85  construction or reconstruction, the cost of all labor,
   86  materials, machinery, and equipment, the cost of all lands,
   87  property, rights, easements, and franchises acquired, financing
   88  charges, interest before prior to and during construction and
   89  for 1 year after completion of construction, cost of plans and
   90  specifications, surveys of estimates of costs and of revenues,
   91  cost of engineering and legal services, and all other expenses
   92  necessary or incident to determining the feasibility or
   93  practicability of such construction or reconstruction,
   94  administrative expense, and such other expense as may be
   95  necessary or incident to the financing herein authorized. Any
   96  obligation or expense heretofore or hereafter incurred by the
   97  county in connection with any of the foregoing terms of cost may
   98  be regarded as a part of the such cost and reimbursed to the
   99  county out of the proceeds of bonds issued under the provisions
  100  of this chapter.
  101         (9) The term “Water revenue bonds” mean shall mean special
  102  obligations of the county which are payable solely from water
  103  service charges and which do not shall in no way pledge the
  104  property, credit, or general tax revenue of the county.
  105         (10) The term “Sewer revenue bonds” mean shall mean special
  106  obligations of the county which are payable solely from sewer
  107  service charges and which do not in no way pledge the property,
  108  credit, or general tax revenue of the county.
  109         (11) The term “General obligation bonds” mean shall mean
  110  general obligations of the county which are payable from
  111  unlimited ad valorem taxes or from such taxes and additionally
  112  secured by a pledge of water service charges or sewer service
  113  charges or special assessments, or all of them.
  114         (12) The word “Bonds” mean shall include water revenue
  115  bonds, sewer revenue bonds, and general obligation bonds.
  116         (13) The word “Sewage” means shall include any substance
  117  that contains any of the waste products, excrement, or other
  118  discharge from the bodies of human beings or animals as well as
  119  such other wastes as normally emanate from dwelling houses.
  120         (14)“System capacity charge” means the charge that is
  121  designed to defray a portion of the cost of the utility system
  122  made by a utility for each new connection to the system.
  123         (15)“Contribution-in-aid-of-construction” means any amount
  124  or item of money, service, or property that is received by a
  125  utility from any person or governmental agency, that represents
  126  an addition or transfer to the capital of the utility, and that
  127  is used to offset the acquisition, improvement, or construction
  128  costs of the utility’s property, facilities, or equipment used
  129  to provide utility services to the public. The term includes,
  130  but is not limited to, system capacity charges, main extension
  131  charges, and customer connection charges.
  132         (16)“Contributor” means a person, builder, or developer
  133  who makes a contribution-in-aid-of-construction.
  134         (17)“Hydraulic share” means the pro rata share of the
  135  capabilities of the utility’s facilities which is to be made
  136  available for service to the contributor.
  137         Section 2. Paragraph (f) is added to subsection (1) of
  138  section 153.11, Florida Statutes, to read:
  139         153.11 Water service charges and sewer service charges;
  140  revenues.—
  141         (1)
  142         (f)If a contributor is charged a system capacity charge,
  143  the system capacity charge must be based on the actual hydraulic
  144  share applied during the preceding 12-month period. If the
  145  system capacity charge is an amount greater than the hydraulic
  146  share for the preceding 12-month period, the county commission
  147  shall refund to the contributor the difference between the
  148  charge imposed during the 12-month period and the hydraulic
  149  share. If the system capacity charge is in an amount less than
  150  the hydraulic share for the preceding 12-month period, the
  151  county commission may require the contributor to pay the
  152  difference between the charges.
  153         Section 3. This act shall take effect July 1, 2010.

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