Title: Bill Entitled "An Act Relating to Water Resources, Amending s.373.019(15)
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00004065/00001
 Material Information
Title: Bill Entitled "An Act Relating to Water Resources, Amending s.373.019(15)
Physical Description: Book
Language: English
Publisher: Fla House of Representatives
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Bill Entitled "An Act Relating to Water Resources, Amending s.373.019(15) (JDV Box 54)
General Note: Box 17, Folder 2 ( Task Force on Water Issues, Bills Passed, Articles - 1980s ), Item 8
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004065
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

CODING: Words in *telk etklef type are deletions from existing law; words underlined ore additions.


Florida House of Representatives 1983 HB 355


By Representatives Ward, Lippman and others




1 A bill to be entitled

2 An act relating to water resources; amending s.

3 373.019(15), Florida Statutes, 1982 Supplement,

4 expanding the definition of the term "works of

S5 the district" to include certain facilities;

CL 6 amending s. 373.086(1), Florida Statutes, 1982
a.
7 Supplement, including certain works and

g 8j facilities within a list of projects which the

1 9 governing board of a water management district

10 is authorized to undertake; amending s.

'i 1373.196, Florida Statutes, relating to

S 1 legislative findings, to include sewage
4>
S13 treatment and disposal and solid waste

S141 disposal; amending s. 373.1961, Florida

- t51 Statutes, 1982 Supplement, authorizing the
4 I
a; 16 governing board of a water management district

S Z 17 to engage in certain activities relating to
E
18 regional utility authorities and to sewage
4- C
i 19 treatment and disposal and solid waste

U4- 20 disposal; amending s. 373.1962, Florida
U I
- ,- ,21 Statutes, eliminating reference to regional

C 221 water supply authorities and providing instead

S23I for regional utility authorities to include the

S24 treatment and disposal of sewage and the

25 disposal of solid waste for county or municipal

26 purposes; providing an effective date.

27

283 Be It Enacted by the Legislature of the State of Florida:

29

301 Section 1. Subsection (15) of section 373.019, Florida

311 Statutes, 1982 Supplement, is amended to read:




155-94-11-2


373.019 Definitions.--When appearing in this chapter

or in any rule, regulation, or order adopted pursuant thereto,

the following words shall, unless the context clearly

indicates otherwise, mean:

(15) "Works of the district" means those projects and

works, including, but not limited to, structures, facilities,

impoundments, wells, streams, and other watercourses, together

with the appurtenant facilities and accompanying lands, which

have been officially adopted by the governing board of the

district as works of the district.

Section 2. Subsection (1) of section 373.086, Florida

Statutes, 1982 Supplement, is amended to read:

373.086 Providing for district works.--

(1) In order to carry out the works for the district,

and for effectuating the purposes of this chapter, the

governing board is authorized to clean out, straighten,

enlarge, or change the course of any waterway, natural or

artificial, within or without the district; to provide such

canals, levees, dikes, dams, sluiceways, reservoirs, holding

basins, floodways, pumping stations, bridges, highways, such

works and facilities as authorized by s. 373.1961, and other

works and facilities which the board may deem necessary; to

establish, maintain, and regulate water levels in all canals,

lakes, rivers, channels, reservoirs, streams, or other bodies

of water owned or maintained by the district; to cross any

highway or railway with works of the district and to hold,

control, and acquire by donation, lease,.or purchase, or to

condemn any land, public or private, needed for rights-of-way

or other purposes, and may remove any building or other

obstruction necessary for the construction, maintenance, and



2

CODING: Words in a L ek i type are deletions from existing low; words .nd linJd o. additions.


1.16 1

1.17 2

1.18 3

4

1.19( 5

1.20 6

1.21 7

1.22 8

1.23 9

10

1.24 11

12

1.25 13

1.26 14

1.27 15

1.28 16

( 17

1.29 18

1.30 19

1.31 20

1.32 21

1.33 22

23

1.34 24

1.35 25

1.36 26

1.37 27

1.38 28

1.39 29

1.40( 30
31


operation of the works; and to hold and have full control over

the works and rights-of-way of the district.

Section 3. Section 373.196, Florida Statutes, is

amended to read:

373.196 Legislative findings.--

(1) It is the finding of the Legislature that

cooperative efforts between municipalities, counties, water

management districts, and the Department of Environmental

Regulation are mandatory in order to meet the water, sewage

treatment and disposal, and solid waste disposal needs of

rapidly urbanizing areas in a manner which will supply

adequate and dependable supplies of water and adequate and

dependable sewage treatment and solid waste disposal services

where needed without resulting in adverse effects upon the

areas from whence such water is withdrawn or upon the areas

utilized for disposal of treated sewage or solid waste. Such

efforts should utilize all practical means of obtaining water,

including, but not limited to, withdrawals of surface water

and ground water, recycling of waste water, and

desalinization, and will necessitate not only cooperation but

also well-coordinated activities. The purpose of this act is

to provide additional statutory authority for such cooperative

and coordinated efforts.

(2) Municipalities and counties are encouraged to

create regional water supply authorities or'regional utility

authorities as authorized herein. It is further the intent

that municipalities, counties, and regional water supply

authorities, and regional utility authorities are to have the

primary responsibility for water supply, sewage treatment and

disposal, and solid waste disposal and-watee-management


CODING: Words in .s.k dwgc b type ane deletions from existing law; words d li e oadditions,


lir+ri~~*l-o~rd-Ckcic-easli)-l~tat~-at


L


155-94-11-2





155-94-11-2


155-94-11-2


wuPe*-em.-euen.om-maaeabeee-sewels .


(3) Nothing herein shall be construed to preclude the

various municipalities and counties from continuing to operate

existing water production and transmission, sewage

transmission, treatment, and disposal, and solid waste

disposal facilities or to enter into cooperative agreements

with other municipalities and counties for the purpose of

meeting their respective needs for dependable and adequate

supplies of water and sewage treatment and disposal and solid

waste disposal services, provided the obtaining of water

through such operations shall not be done in a manner which

results in adverse effects upon the areas from whence such

water is withdrawn or adverse effects upon the areas utilized

for disposal of treated sewage or solid waste.

Section 4. Section 373.1961, Florida Statutes, 1982

Supplement, is amended to read:

373.1961 Water production.--In the performance of, and

in conjunction with, its other powers and duties, the

governing board of a water management district existing

pursuant to chapter 373:

(1) Shall engage in planning to assist counties,

municipalities, regional utility authorities, and regional

water supply authorities in meeting the water supply needs and

sewage treatment and disposal and solid waste disposal needs

within its district in such manner as will give priority to

encouraging conservation and reducing adverse environmental

effects of improper or excessive withdrawals of water from

concentrated areas and reducing adverse environmental effects

of improper treatment and disposal of sewage and solid waste

material.

4

CODING: Words in 4*ek ls eloog type oa deletions from existing low; words dlind amore additions.


1.66

1.67

1.68

1.69


( C


1.70

1.71

1.72

1.73


1.74

1.75

1.76



1.77

1.78


1.80


1.81



1.82

1.84


2.6 (


ZenewMNene.-en-v-a. evewtt.-mta- +-bt- 4


(2) Upon request of a county, municipality, or

regional water supply authority, or regional utility

authority, shall assist such counties, end municipalities, and

water supply authorities, and utility authorities in meeting

the water supply, sewage treatment and disposal, and solid

waste disposal needs within its district in such manner as

will give priority to encouraging conservation and reducing

adverse environmental effects of improper or excessive

withdrawals of water from concentrated areas and to reducing

adverse environmental effects of improper sewage treatment and

disposal and solid waste disposal.

(3) Upon the determination of the governing board or

at the request of a county, municipality, or regional water

supply authority, or regional utility authority, may establish

water production and transmission facilities, sewage

transmission, treatment, and disposal facilities, and solid

waste disposal facilities for the purpose of supplying waterL

sewage treatment and disposal services, and solid waste

disposal services to such counties, municipalities, and

regional water supply authorities, and regional utility

authorities, except that such establishment of sewage

treatment and disposal facilities and solid waste disposal

facilities shall be subject to the prior approval of the

Department of Environmental Regulation.

(4) Shall not engage in local distribution of water or
local collection of sewage or solid waste.

(5) Shall not deprive, directly or indirectly, any

county wherein water is withdrawn of the prior right to the

reasonable and beneficial use of water which is required to

supply adequately the reasonable and beneficial needs of the

county or any of the inhabitants or property owners therein.

5
CODING: WordAs .n *.*".l th type ore deletions from existing low; words ndorlinta* additions.


c






155-94-11-2


155-94-11-2


(6) May provide water and financial assistance to

regional water supply authorities and water, sewage treatment

and disposal services, solid waste disposal services, and

financial assistance to regional utility authorities, but may

not provide water, sewage treatment and disposal services, or

solid waste disposal services to counties and municipalities

which are located within the area of such authorities

akthegi4y without the specific approval of the authorities

autharity or, in the event of an the authority's disapproval,

the approval of the Governor and Cabinet sitting as the Land

and Water Adjudicatory Commission. The district may supply

water, sewage treatment and disposal services, and solid waste

disposal services at rates and upon terms mutually agreed to

by the parties or, if they do not.agree, as set.by the

governing board and specifically approved by the Governor and

Cabinet sitting as the Land and Water Adjudicatory Commission.

(7) May acquire title to such interest as is necessary

in real property, by purchase, gift, devise, lease, eminent

domain, or otherwise, for water production and transmission,

sewage transmission, treatment, and disposal, and solid waste

disposal consistent with this section. However, the district

shall not use any of the eminent domain powers herein granted

to acquire water and water rights already devoted to

reasonable and beneficial use or any water production or

transmission facilities owned by any county, municipality, oe

regional water supply authority, or regional utility

authority.

Section 5. Section 373.1962, Florida Statutes, is

amended to read:

373.1962 Regional utility weaer-s-pphy authorities.--


6

CODING: Words In .4 k* 4-0.** type are deletions from existing law; words underlined are additions.


2.34

2.35

2.36


2.37

2.38

2.39

l:lus

2.41

2.43

2.44


2.46

2.47

2.48

2.49

2.50

2.51

2.52


2.54

2.55


2.56

2.57


(IC


2.58

2.59


2.61 (


(1) By agreement between local governmental units
created or existing pursuant to the provisions of Art. VIII of

the State Constitution, pursuant to the Florida Interlocal

Cooperation Act of 1969, s. 163.01, and upon the approval of

the Department of Environmental Regulation Governee-and

Gabirne-sbfing-as-head-e-be-Bep~tmen-e-Nlateak-Reseeeea

to insure that such agreement will be in the public interest

and complies with the intent and purposes of this act,

regional utility water-sappry authorities may be created for

one or all of the purposes purpose of developing, storing, and

supplying water, treatment and disposal of sewage, and

disposal of solid waste for county or municipal purposes in

such a manner as will give priority to reducing adverse

environmental effects of excessive or improper withdrawals of

water from concentrated areas, adverse effects resulting from

inadequate or improper treatment and disposal of sewage, and

adverse effects resulting from improper disposal of solid

waste, except that any authority created pursuant to this

section for the sole purpose of developing, storing, and

supplying water shall be known as a regional water supply

authority. In approving said agreement the Department of

Environmental Regulation Gvewrnr-and-Gebinecr-sitting-as-heed

e6-the-Beparsmemb-e-NHetrael-ResoepeesT shall consider, but

not be limited to, the following:

(a) Whether the geographic territory of the proposed

authority is of sufficient size and character to reduce the

environmental effects of improper or excessive withdrawals of

water from concentrated areas and to accomplish the other

pertinent purposes of this subsection.

(b) The maximization of economic development of the

water resources and the need of sewage treatment and disposal

7
CODING: Words in 4*nk skoug type are deletions from existing law; words underlined re additions.




155-94-11-2


155-94-11-2


facilities and solid waste disposal facilities within the

territory of the proposed authority.

(c) The availability of a dependable and adequate

water supply and the availability of suitable areas for

disposal of sewage treatment plant effluent and solid waste.

(d) The ability of any proposed authority to design,

construct, operate, and maintain water supply facilities in

the locations, and at the times necessary, to insure that an

adequate water supply and adequate sewage treatment and

disposal and solid waste disposal facilities will be available

to all citizens within the authority.

(e) The effect or impact of any proposed authority on

any municipality, county, or existing authority or

authorities.

(f) The existing and projected needs of the water

users and existing and projected need for sewage treatment and

disposal and solid waste disposal within the area of the

authority.

(2) In addition to other powers and duties agreed

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

authority may:

(a) Upon approval of the electors residing in each

county or municipality within the territory to be included in

any authority, levy ad valorem taxes, not to exceed one one-

hea- mill, pursuant to s. 9(b), Art. VII of the State

Constitution. No tax authorized by this paragraph shall be

levied in any county or municipality without an affirmative

vote of the electors residing in such county or municipality.

(b) Acquire water1 and water rights, and lands for
treatment and disposal of sewage and disposal of solid waste;


3.6

3.7

3.9


3.10

3.11

3.12


3.13

3.14

3.15

3.16


3.17

3.18

3.20


3.21

3.22


3.23

3.24

3.25

3.26

3.27

3.28


3.29

3.30

3.32


CODING: Words ,n u.x sL.u-og type are deletions fron existing law; words ndurlinod am additions.


( i


4?


treatment and disposal and solid waste disposal


facilities and regional sewage transmission facilities;

provide, sell, and deliver water and sewage treatment and

solid waste disposal services for county or municipal uses and

purposes; provide for the furnishing of such waterL and water

service, sewage treatment service, and solid waste disposal

service upon terms and conditions and at rates which will

apportion to parties and nonparties an equitable share of the

capital cost and operating expense of the authority's work to

the purchaser.

(c) Not engage in local water distribution or local

sewage or solid waste collection.

(d) Exercise the power of eminent domain in the manner

provided by law for the condemnation of private property for

public use to acquire title to such interest in real property

as is necessary to the exercise of the powers herein granted,

except water and water rights already devoted to reasonable

and beneficial use or any water production or transmission

facilities, or sewage treatment, transmission, or disposal

facilities, or any solid waste disposal facilities owned by

any county or municipality.

(e) Issue revenue bonds in the manner prescribed by

the Revenue Bond Act of 1953, as amended, part I, chapter 159,

to be payable solely from funds derived from the sale of water

and sewage treatment and solid waste disposal services by the

authority to any county or municipality. Such bonds may be
Additionally secured by the full faith and credit of any

county or municipality, as provided by s. 159.16 or by a

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

purpose of issuing revenue bonds, an authority shall be

considered a "unit" as defined in s. 159.02(2) and as that

9

CODING: Words in a esL hP ol typo oar deletions from existing law; words uindrlined or additions.


develop, store, and transport water; develop and operate


~"~~LOr





155-94-11-2


term is used in the'Revenue Bond Act of 1953, as amended.

Such bonds may be issued to finance the cost of acquiring
properties and facilities for the production and transmission

of water, treatment and disposal of sewage, and disposal of

solid waste by the authority to any county or municipality,

which cost shall include the acquisition of real property and

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

form of refunding bonds to take up any outstanding bonds of

the authority or of any county or municipality where such

outstanding bonds are secured by properties and facilities for

production and transmission of water, treatment and disposal

of sewage, and disposal of solid waste, which properties and

facilities are being acquired by the authority. Refunding

bonds may be issued to take up and refund all outstanding

bonds of said authority that are subject to call and

termination, and all bonds of said authority that are not

subject to call or redemption, when the surrender of said

bonds can be procured from the holder thereof at prices

satisfactory to the authority. Such refunding bonds may be

issued at any time when, in the judgment of the authority, it

will be to the best interest of the authority financially or

economically by securing a lower rate of interest on said

bonds or by extending the time of maturity of said bonds or,

for any other reason, in the judgment of the authority,

advantageous to said authority.

(f) Sue and be sued in its own.name.

(g) Borrow money and incur indebtedness and issue

bonds or other evidence of such indebtedness.

(h) Join with one or more other public corporations

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

purpose to contract with such other public corporation or

10
CODING: Words in *U* oIs to type ore deletions from existing low; words underlind ore additions.


3.63

3.64

3.65

3.66

3.67


3.75

3.76

3.77



3.79

3.80


3.81

3.82


3.83

3.84

4.1

4.2


corporations for the purpose of financing such acquisitions,

construction, and operations. Such contracts may provide for

contributions to be made by each party thereto, for the

division and apportionment of the expenses of such

acquisitions and operations, and for the division and

apportionment of the benefits, services, and products

-therefrom. Such contract may contain such other and further

covenants and agreements as may be necessary and convenient to

accomplish the purposes hereof.

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

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

necessary for carrying out the purpose of any regional utility

authority, any regional water supply authority, any state

agency, county, water control district existing pursuant to

chapter 298, water management district existing pursuant to

chapter 373, municipality, governmental agency, or public

corporation in this state holding title to any interest in

land is hereby authorized, in its discretion, to convey the

title to or dedicate land, title to which is in such entity,

including tax reverted land, or to grant use-rights therein,

to any regional utility authority or regional water supply

authority created pursuant to this section. Land granted or

conveyed to such authority shall be for the public purposes of

such authority and may be made subject to the condition that

in the event said-land is not so used, or if used and

subsequently its use for said purpose is abandoned, the

interest granted shall cease as to such authority and shall

automatically revert to the granting entity.

(4) Each county or municipality which is a party to an

agreement pursuant to subsection (1) shall have a preferential

right to purchase water and sewage treatment and solid waste

11
CODING: Words in *ol* sr ug type are deletions from eistig law; words ulrliae or ddilns.


L


155-94-11-2






155-94-11-2


disposal services from the regional utility authority or 4.33

2 regional water supply authority for use by such county or 4.34

municipality.

4(5) In carrying out the provisions of this section, 4.35

5 any county wherein water is withdrawn by the authority shall 4.36

6 not be deprived, directly or indirectly, of the prior right to 4.37

7 the reasonable and beneficial use of water which is required

8 adequately to supply the reasonable and beneficial needs of 4.38

9 the county or any of the inhabitants or property owners 4.39

10 therein.

11 (6) Upon a resolution adopted by the governing body of 4.40

12 any county or municipality, the authority may, subject to a 4.41

13 majority vote of its voting members, include such county or 4.42

14 municipality in its regional utility authority or its regional 4.43

15 water supply authority upon such terms and conditions as may 4.44

16 be prescribed.

17 (7) The authority shall design, construct, operate, 4.45

18 and maintain facilities in the locations and at the times 4.46

19 necessary to insure that an adequate water supply and adequate 4.47

20 sewage treatment and solid waste disposal services will be

211 available to all citizens within the authority. 4.48

22i Section 6. This act shall take effect October 1, 1983. 4.49

23 ****************************************

24 HOUSE SUMMARY

25 Amends various provisions of part I of chapter 373, F.S.,
(State Water Resource Plan) authorizing the governing
2! boards of water management districts to take described
actions and to include sewage treatment and disposal and
271 solid waste disposal considerations within each board's
jurisdiction. Provides for regional utility authorities
rather than regional water supply authorities to include
the treatment and disposal of sewage and the disposal of
291 solid waste by municipalities and counties. See bill for
0 details.
30

311
12

CODING: Words in .6 ,k through type are deletions from existing law; words underlined are additions.


r




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs