January 22, 2021
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       Florida Senate - 2010                                    SB 2662
       
       
       
       By Senator Altman
       
       
       
       
       24-01715-10                                           20102662__
    1                        A bill to be entitled                      
    2         An act relating to water resource protection; amending
    3         s. 153.11, F.S.; conforming provisions to changes made
    4         by the act; creating ss. 153.112 and 180.133, F.S.;
    5         directing counties and municipalities, in cooperation
    6         with water management districts, to conduct an
    7         evaluation of primary water resources; authorizing
    8         counties and municipalities to use funds collected for
    9         water and sewage utility usage to help finance the
   10         protection of such resources; authorizing counties and
   11         municipalities to transfer funds to a district for
   12         this purpose; amending s. 373.0831, F.S.; authorizing
   13         water management districts to expend funds received
   14         from counties and municipalities to protect water
   15         resources; providing an effective date.
   16  
   17         WHEREAS, public water utilities are the direct providers of
   18  drinking water to the public, and
   19         WHEREAS, public water utilities have an interest in
   20  protecting water sources that are used by the utility, and
   21         WHEREAS, acquiring and preserving lands that are integral
   22  to protecting water sources serves an important county and
   23  municipal purpose, and
   24         WHEREAS, public water utilities should enter into
   25  partnerships with water management districts in providing and
   26  protecting a reliable and safe drinking water supply for the
   27  public, NOW, THEREFORE,
   28  
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Paragraph (b) of subsection (1) of section
   32  153.11, Florida Statutes, is amended to read:
   33         153.11 Water service charges and sewer service charges;
   34  revenues.—
   35         (1)
   36         (b) After the system has or systems shall have been in
   37  operation, the county commission may revise the such schedule of
   38  rates, fees, and charges in order from time to time. Such rates,
   39  fees and charges shall be so fixed and revised as to provide
   40  funds, including with other funds available for such purposes,
   41  sufficient at all times to pay the cost of maintaining,
   42  repairing, and operating the system, or systems including the
   43  reserves for such purposes and for replacements, and
   44  depreciation, and necessary extensions; to finance the
   45  protection of water resources as provided in s. 153.112;, to pay
   46  the principal of and the interest on, and related reserves for,
   47  the water revenue bonds or and/or sewer revenue bonds as they
   48  the same shall become due; and the reserves therefor, and to
   49  provide a margin of safety for making such payments. The county
   50  commission shall charge and collect the rates, fees, and charges
   51  so fixed or revised, and such rates, fees, and charges are shall
   52  not be subject to supervision or regulation by any other
   53  commission, board, bureau, or agency of the county or of the
   54  state or of any sanitary district or other political subdivision
   55  of the state.
   56         Section 2. Section 153.112, Florida Statutes, is created to
   57  read:
   58         153.112Protection of water resources.—A county commission
   59  that uses state water resources for water supply purposes shall,
   60  in cooperation with the relevant water management districts,
   61  conduct an evaluation of water resources that might reasonably
   62  be considered to be a primary source of water from which all or
   63  part of the county’s water supplies are derived. The evaluation
   64  must determine if the water resources are adequately protected
   65  from sources of pollution and from land uses incompatible with
   66  their protection. If the evaluation determines that the resource
   67  is not adequately protected, the county may use funds collected
   68  under s. 153.11(1) to finance the protection of water resources
   69  as provided in s. 373.016(3)(b) and (d), including the
   70  acquisition of easements or fee interests to protect or restore
   71  land where the water resource is located or from which it flows
   72  or is recharged. The county may transfer funds to the water
   73  management district for this purpose. Title to lands purchased
   74  by a water management district pursuant to this section shall
   75  remain with the water management district.
   76         Section 3. Section 180.133, Florida Statutes, is created to
   77  read:
   78         180.133Protection of municipal water resources.—The
   79  governing body of a municipality that provides water utility
   80  services that use state water resources for water supply
   81  purposes shall, in cooperation with the relevant water
   82  management districts, conduct an evaluation of water resources
   83  that might reasonably be considered to be a primary source of
   84  water from which all or part of the municipality’s water
   85  supplies are derived. The evaluation must determine if the water
   86  resources are adequately protected from sources of pollution and
   87  from land uses incompatible with their protection. If the
   88  evaluation determines that the resource is not adequately
   89  protected, the municipality may use funds collected under s.
   90  180.13 to finance the protection of water resources as provided
   91  in s. 373.016(3)(b) and (d), including the acquisition of
   92  easements or fee interests to protect or restore land where the
   93  water resource is located or from which it flows or is
   94  recharged. The municipality may transfer funds to the water
   95  management district for this purpose. Title to lands purchased
   96  by a water management district pursuant to this section shall
   97  remain with the water management district.
   98         Section 4. Subsection (5) is added to section 373.0831,
   99  Florida Statutes, to read:
  100         373.0831 Water resource development; water supply
  101  development.—
  102         (5) Water management districts may expend funds received
  103  from county and municipal water utilities pursuant to ss.
  104  153.112 and 183.166 for land acquisition and water resource
  105  development projects that contribute to the protection of the
  106  primary source of drinking water used by the utility. In
  107  addition, the water management district may expend these funds
  108  to acquire water resource protection lands identified by the
  109  water management district pursuant to s. 373.199 or for water
  110  resource lands identified for protection pursuant to a watershed
  111  restoration plan adopted by the water management district.
  112         Section 5. This act shall take effect July 1, 2010.

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