Title: Letter enclosing rough draft of bill
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 Material Information
Title: Letter enclosing rough draft of bill
Alternate Title: Letter enclosing rough draft of bill amending Sec. 373.1962 Fla. Stat. on Regional water supply authorities.
Physical Description: 9p.
Language: English
Publication Date: March 5, 1976
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 3, Folder 3D ( LEGISLATION - BOX 3, FOLDER 3 ), Item 149
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00051530
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
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Full Text



,,LrA THE FLORIDA SENATE
806 EAST JACKSON STREET COMMITTEES:
TAMPA, FLORIDA 33602 NATURAL RESOURCES AND CONSERVATION
813/272-6702 Chairman
JUDICIARY-CRIMINAL
WAYS AND MEANS
RULES AND CALENDAR
SENATOR GUY SPICOLA SELECT COMMITTEES:
22ND DISTRICT March 5, 1976 FINANCE AND TAXATION








Lester M. Blain, Esquire
606 East Madison Street
Tampa, Florida 33602

Dear Buddy:

Attached hereto is the rough draft of the Bill I dis-
cussed with you relative to Regional Water Supply Authorities.
Please review same as soon as possible, and get back with me.

Sincerly,



GUY SPICOLA

GS/r

Enclosure







RECEIVED


MAR 10 1976


By --.- --...............







DEMPSEY J. BARRON ALAN TRASK JOE BROWN JOHN D. MELTON
President President Pro Tempore Secretary Sergeant at Arms





S4-75

00 0 ROUGH DRAFT



1 Section 373.1962, Florida Statutes, is amended to read:

2 373.1962 Regional water supply authorities.--

3 (1) Only July 1i, 1977, the state shall be divided

4 into the following regional water supply authorities:

5 (a) Northwest Florida regional water supply authority.

6 (b) Suwannee River regional water supply authority.

7 (c) St. Johns River regional water supply authority.

8 (d) South Florida regional water supply authority.

9 (e) Southwest Florida regional water supply authority.

10 The boundaries of the regional water supplyf(uthorities shall

11 be coterminous with those of the water management districts

12 created by subsection (2) of section 373.069, F.S., (contin-

13 gent upon passage of the proposed constitutional amendment). cA

14 (2) Regional water supply authorities are created for

15 the purpose of developing, storing, supplying and otherwise

16 managing water for county or municipal purposes in such a

17 manner as will give priority to reducing adverse environmental
18 effects of excessive or improper withdrawals of water from

19 concentrated areas.

20 (3) The governing board of each regional water supply

21 authority shall be composed of at least nine, but no more

22 than 15 members,who shall be appointed based upon the popula-

23 tion of counties, or portions of countieswithin the boundar-

24 ies.of the authority. On or before January 1, 1977, the a ^2^

25 Department of Administration shall determine the population

26 residing in each water supply authority and shall develop
27 means of equitable apportionment upon which membership of

28 the regional water supply authority governing boards may be

29 based. -No later than January 15, 1977, the Department of

30 Administration shall present to the Administration Commission

31 a proposed.apportionment plan for each authority, including
1


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1 a means of subsequent reapportionment as the population of an

2 authority changes. The Administration Commission shall ap-

3 prove or modify the apportionment plan by March 1, 1977, and

4 shall present the plan to the 1977 Session of the Legislature

5 for adoption by law. Any subsequent reapportionment shall

6 also be approved by the Legislature. Upon adoption by the

7 Legislature, the Governor shall appoint the members for terms

8 beginning July 1i, 1977. One third of the initial appointments

9 shall be for terms of two years, one third for terms of four

10 years, and one third for terms of six years. Subsequent

11 terms shall be for six years. Vacancies shall be for the

12 remaining time of the term in which the vacancy occurred.

13 Appointments made by the Governor shall be confirmed by the

14 Senate.

15
16 ereated-er-existing-pursuante-6e-fche-previsien9-ef-Art-VI

17 e-tt7he-S tae-snens45uh&ee--pusuat- 5'e-F Aahe-Pe Inda- t e 2FIeea

18 eeperatien-Aet-ef-697-9 6797-ad-upen-he-appreval-e

19 the-geverner-and-eabinet-sifcttig-as-head-ef-the-Beparment

20 ef-Nafural-Reseurees-fe-insu e-that-sueh-agreemen-will-be-in

21 the-pub 39ie- neeset-and-eeemfples-wth-the-nent-and-purpesee

22 ef-this-aeft-regieoal-water-stupply-authrities-may-be-ereated

23 fer-the-purpese-ef-devealepigT-stering-and-supplying-water

24 fer-eeunty-oer-mfuniepal-purpeses-in-sueh-a-mfanner-as-will

25 give-prierity-ee-redeneig-adverse-envenamental-effees-ef

26 exeessive-er-impreper-w ithdrawals-ef-water-frem-eeneentateed

27 areas --En- approving-sad-agreemenft-che-geverner-and-eabnet7

28 sitting-as-head-ef-fthe-Bepartmene-ef-Nacural-Reseuafees -shal
29
eens ider7-bue-net-be- ifmited-eT-the-fellewinge
30

31 2




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4-75






1 faf-Whether-the-geegraphie-terry iery-ef-he-prepesed

2 authority s-ef-suffiienef-shee-and-eharaefere-reeuee-tehe

3 environment al-effects-ef-impregper-er-exeess ive-wikhdrawa3s

4 ef-water-frem-eneeentrated- areasT

5 (b--The-maximi ateien-ef-eeenemie- deveepmen-ef-the

6 water-reseurees-within-the-territery-ef-che-prepsed--aucherty

7 fet--The-ava~:abi~ :ly-ef- a-dependab&e-and-adequaee! e

8 water-supplyv

9 d*--The- ab ility-ef-any-prep9ed- autiheriy-te-design7

10 eenstruct--operateT-and-maimtari-water -supply -fae44:ties-in

11 the-leeaeens7- and- at-the-times-neeessarye-irnse-that- an

12 adequate-water-supply-w41-be-available-te-all-eititzens

13 within- the- autherityT

14 fe}---he-effeee-er-impaeft-f-any-poepsed-autherty

15 on-any-mAiunepaty7- eeunty7-eor-exiseing- autheriy-or

16 autheri~tesT

17 ffx-- he-existing-needs-ef-tahe-wateer- useras-w -thin- the

18 area-ef-the-au~herityT-

19 (4)42f In addition to other powers and duties agreed

20 upon, and notwithstanding the provisions of s. 163.01, such

21 authority may:

22 fa --Hpen-appreval-ef-the-e eetteos-residing-in-eaeh

23 eunty -er-munieipaliy-witfhin-che-teararfefy-e-be-teeeuded

24 in-any-auh y7-ev-atrad-vale:em-taxesT-net-te-exceed-ene-

25 half-mll7-pursuant-te-s-94bb7-Artr-VI-ef-the-Steaee- Cens i-

26 tutien;--No-tax-au~therized-by-this-paragraph-sharl-be-levied

27 in-any-eeunty-er-manRicpa&iy-wthente-an-affirmatve-vetfe-ef

28 the-electors-residing-in-such-cency-er-muanicpakiiyr

29

30 .3

31




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1 (a) b) Acquire water and water rights; develop, store,

2 and transport water; provide, sell and deliver water for

3 county or municipal uses and purposes; provide for the fur-

4 nishing of such water and water service upon terms and con-

5 editions and at rates which will apportion to parties and non-

6 parties an equitable share of the capital cost and operating

7 expense of the authority's work to the purchaser.

8 (b)je Not engage in local distribution.

9 (c)jd) Exercise the power of eminent domain in the

10 manner provided by law for the condemnation of private prop-

11 erty for public use to acquire title to such interest in real

12 property as is necessary to the exercise of the powers herein

13 granted, except water and water rights already devoted to

14 reasonable and beneficial use or any water production or trans

15 mission facilities owned by any county or municipality- which

16 do not involve transporting water across county boundaries. -

17 (d) {ea, Issue revenue bonds in the manner prescribed el

18 by the Revenue Bond Act of 1953, as amended, part 1, chapter

19 159, to be payable solely from funds derived from the sale of

20 water by the authority to any county or municipality. Such

21 bonds may be additionally secured by the full faith and credit *

22 of any county or municipality, as provided by s. 159.16 or by

23 a pledge of excise taxes, as provided by s. 159.19. For the

24 purpose of issuing revenue bonds, an authority shall be con-

25 sidered a "unit" as defined in s. 159.02(2) and as that term

26 is used in the Revenue Bond Act of 1953, as amended. Such

27 bonds may be issued to finance the cost of acquiring prop-
28
erties and facilities for the production and transmission of
29
water by the authority to any county or municipality, which

cost shall include the acquisition of real property and

31 easements therein for such purposes. Such bonds may be in

4


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1 the form of refunding bonds to take up any outstanding bonds

2 of the authority or of any county or municipality where such

3 outstanding bonds are secured by properties and facilities

4 for production and transmission of water, which properties

5 and facilities are being acquired by the authority. Refunding

6 bonds may be issued to take up and refund all outstanding

7 bonds of said authority that are subject to call and termina-

8 tion, and all bonds of said authority that are not subject to

9 call or redemption, when the surrender of said bonds can be

10 procured from the holder thereof at prices satisfactory to

11 the authority. Such refunding bonds may be issued at any

12 time when, in the judgment of the authority, it will be to

13 the best interest of the authority financially or economically

14 by securing a lower rate of interest on said bonds or by

15 extending the time of maturity of said bonds or, for any other

16 reason, in the judgment of the authority, advantageous to said

17 authority.

18 (e)if* Sue and be sued in its own name.

19 (f) g) Borrow money and incur indebtedness and issue

20 bonds or other evidence of such indebtedness.

21 (g) h) Join with one or more other public corporations

22 for the purpose of carrying out any of its powers and for

23 that purpose to contract with such other public corporation

24 or corporations for the purpose of financing such acquisitions

25 construction, and operations. Such contracts may provide for

26 contributions to be made by each party thereto, for the divi-

27 sion and apportionment of the expenses of such acquisitions

28 and operations, and for the division and apportionment of the

29 benefits, services, and products therefrom. Such contract may

30 contain such other and further covenants and agreements as
31
5


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1 may be necessary and convenient to accomplish the purposes

2 hereof.

3 (5)3B) When it is found to be in the public interest,

4 for the public convenience and welfare, for a public benefit,

5 and necessary for carrying out the purpose of any regional

6 water supply authority, any state agency, county, drainage or

7 water management district existing pursuant to chapter 298,

8 water management district existing pursuant to chapter 373,

9 municipality, governmental agency, or public corporation in

10 this state holding title to any interest in land is hereby

11 authorized, in its discretion, to convey the title to or

12 dedicate land, title to which is in such entity, including

13 tax reverted land, or to grant use-rights therein, to any

14 regional water supply authority created pursuant to this

15 section. Land granted or conveyed to such authority shall

16 be for the p-ublic purposes of such authority and may be made
17 subject to the condition that in the event said land is not

18 so used, or if used and subsequently its use for said pur-

19 pose is abandoned, the interest granted shall cease as to

20 such authority and shall automatically revert to the granting

21 entity.

22 (6) No county or municipality shall construct or

23 otherwise add to its county or municipal waste production or

24 transmission facilities if the authority can provide water in UL

25 lieu of any additional county or municipal facilities; pro- AT*

26 vided that nothing shall prevent a county or municipality

27 from constructing or providing the needed facilities to

28 distribute water to county or municipal customers.
29

30 6

31




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1 44}--Baeh-eeunty-er-m-enpality-whieh-le-a-party- e

2 an-egreemert-pusuenit-6e-subseetaen-41)-shall-have-a-pgrefe-

3 enta--rrght-te-pureh ase-wafer-fr m-fhe-regienal-water-supply

4 autherity-fer-use-by-sueh-eeunty-eP-mun eipaitefy-

5 (7) 58 In carrying out the provisions of this section,

6 any county wherein water is withdrawn by the authority shall

7 not be deprived, directly or indirectly, of the prior right

8 to the reasonable and beneficial use of water which is re-

9 quired adequately to supply the reasonable and beneficial

10 needs of the county or any of the inhabitants or property

11 owners therein.

12 6 f--Upen-a-resel utien-adoped-by-the-gevening-bedy

13 ef-any-eeunty-era-mAnicpalityt-the-autherity-may -sub eet-te

14 a-majert~y-vee--ef-is-vetngg-memRbersT- neude- s eh- eeunty-e

15 muneipa y it- in- its-regeneal-water- supply-autherity- tpen- s t eeh

16 terms- and-eenditieRns-as-may-be-pres erbed-
17 (8)J49 The authority shall design, construct, operate,

18 and maintain facilities in the locations and at the times

19 necessary to insure that an adequate water supply will be

20 available to all citizens within the authority.

21 (9) The governing board of each authority shall meet

22 at least quarterly with the governing board of the water e i

23 management district in which it is located in order to facili-

24 tate cooperative programs of water management and supply.
25 (10) Irreconilable disputes between the governing

26 boards of a water management district, the authority, any r
27 municipality, any county, or any person materially affected

28 by the decision of an authority,or any appeal of a decision

29 of an authority shall be presented to the Governor and Cabinet

30 for resolution. The Governor and Cabinet shall follow the
31 7




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1 appeals provisions of chapter 120, Florida Statutes, in

2 hearing and deciding issues under this subsection.

3 (11) Funding ------ (?)

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