Title: Legislature of the State of Florida
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 Material Information
Title: Legislature of the State of Florida
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Legislature of the State of Florida
General Note: Box 10, Folder 17 ( SF Water User Fees - 1987 and 1991 ), Item 10
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00002383
Volume ID: VID00001
Source Institution: Levin College of Law, 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







Be it enacted by the Legislature of the State of Florida:

Section 1. Section 373.504, Florida Statutes, is created to read:

373.504 WATER USER FEES

(1) Definitions for the purpose of this section:

a) "Agricultural Water User" is defined as a user of ground

water for the production of crops or the growing of farm products.

b) "Commercial/Industrial Water User" is defined as a user of

ground water for the production of goods or services provided by a business

establishment.

c) "Public Water System" means a system for the provision to

the public of piped ground water for human consumption, if such a system has

at least 15 service connections or regularly serves at least 25 individuals

daily at least 60 days out of the year.

d) "Water User Fee" is defined as a fee that may be collected

from water users by the Northwest Florida Water Management District created

under this chapter for the withdrawal of ground water within the established

boundaries of the district.

(2) After January 1, 1988, the Northwest Florida Water Management

District is hereby authorized to impose a water user fee upon every public

water system, agricultural water user, and commercial/industrial water user,

having or required to have a consumptive use permit approved by the

Governing Board as of the date of this Act for the use of ground water,

pursuant to Section 373.219, Florida Statutes. Any revenues received by the

district from such user fees shall be used by the district to accomplish its

objectives as provided by Chapter 373, Florida Statutes.

(3) All non-community water systems, as defined in S. 403.852(4) and

any public water systems, commercial/industrial uses and agricultural uses

not subject to consumptive use permits approved individually by the

Governing Board, as well as water used for thermoelectric production and

water used by any residence not provided by a public water supply, are

exempt from water user fees authorized by subsection (2) above, except that

the Governing Board may require water user fees for groundwater withdrawn

within the district for use outside district boundaries for any purpose.

(4) In any year, the total of water user fees imposed in the

district shall be of such an amount that the combined annual sum of user fee

revenues and ad valorem tax revenue received by the district shall not


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exceed the revenue that would be generated by an ad valorem tax assessment

of one (1) mill within the district.

(5) Annual water user fees imposed shall be as determined by water

use, based upon annual withdrawals, as follows:

a) The annual withdrawals as documented by the permitted from

actual withdrawal records, or

b) When approved, the annual withdrawals based on permitted

uses if no documentation capability exists regarding the withdrawals.

(6) All public water systems and other water users subject to

subsection (2) above shall submit reports to the district detailing and

documenting withdrawals if such documentation exists, according to schedules

and on forms to be provided by the district. Failure to adhere to such

schedules shall result in determination of withdrawal amounts by the

district from estimates on the system's consumptive use permit.

(7) On or before July 15, 1988, and annually thereafter, the

Governing Board shall determine, by user type, the water user fee rate

structure required to provide revenues needed to carry out the district's

programs, subject to subsection (4) above. Such determination shall be by

Governing Board resolution and shall take place at a duly noticed public

hearing.

In setting the annual water user fee structure by user type, the

Governing Board shall not exceed ten cents per 1000 gallons for public water

systems; ten cents per 200,000 gallons for agricultural water users; and ten

cents per 25,000 gallons for commercial/industrial water users; and fifty

cents per 1,000 gallons of ground water withdrawn within the district for

any use outside of the district boundaries.

Section 2. Section 373.506, Florida Statutes, is amended to read:

373.506 Costs of Districts -- If it should appear necessary to

procure funds with which to pay the expenses of a district, or to meet

emergencies, before a sufficient sum can be obtained from the collection of

the tax, and water user fees where authorized, the Board may borrow a

sufficient amount of money to pay expenses and meet emergencies and may

issue interest-bearing negotiable notes therefore and pledge the proceeds of

the tax and water user fees where authorized, imposed under the provisions

of this chapter for the repayment thereof.




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