Bill Amendment: FL S1752 | 2021 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Construction and Maintenance of Water Supply and Sewage Disposal Systems by Counties and Independent Special Districts

Status: 2021-04-30 - Died in Community Affairs [S1752 Detail]

Download: Florida-2021-S1752-Senate_Committee_Amendment_337530.html

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       Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1752
       
       
       
       
       
       
                                Ì337530}Î337530                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Environment and Natural Resources (Rodriguez)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 153.04, Florida Statutes, is amended to
    6  read:
    7         153.04 Construction of water supply systems, water system
    8  improvements, sewage disposal systems, and sewer improvements.—
    9         (1) Whenever a the county commission of any of the several
   10  counties of the state by resolution chooses to exercise the
   11  powers granted by this chapter, or the governing board of an
   12  independent special district chooses to exercise the powers
   13  granted in the charter of the special district which are
   14  coextensive with the powers granted by this chapter, it shall
   15  make or cause to be made such surveys, investigations, studies,
   16  borings, maps, plans, drawings and estimates of costs and of
   17  revenues as it deems may deem necessary to prepare or have
   18  prepared so that the such county commission has shall have
   19  available to it a comprehensive study and report.
   20         (a) The study and report must include setting forth either
   21  or both of the following:
   22         1.(1) The type and estimate of costs of each water supply
   23  system, the purchase or construction of which is shall be deemed
   24  by the county commission or the governing board of the
   25  independent special district it to be desirable and feasible,
   26  together with the location thereof, and of each integral part,
   27  and also setting forth what water system improvements, if any,
   28  are deemed it deems necessary to purchase or construct to
   29  protect the health of and render fire protection to the
   30  inhabitants of the county or the independent special district,
   31  as applicable, together with the location by terminal points and
   32  route of each such improvement, a description thereof by its
   33  material, nature, character, and size, and an estimate of the
   34  cost of its purchase or construction.
   35         2.(2)(a) The type of treatment and estimate of cost of each
   36  sewage disposal plant or system, the purchase, or construction
   37  of which is shall be deemed by the county commission or
   38  governing board of the independent special district to be
   39  desirable and feasible, together with the location thereof and
   40  of each integral part, and also setting forth what sewer
   41  improvements, if any, are deemed it deems necessary to purchase
   42  or construct to protect the health of the inhabitants of the
   43  county or the independent special district, as applicable,
   44  together with the location by terminal points and route of each
   45  such improvement, a description thereof by its material, nature,
   46  character, and size and an estimate of the cost of its purchase
   47  or construction.
   48         (b)(b) If the such study and report reveals, or if it is a
   49  fact that any parcel, plot, or area of land proposed to be
   50  served by facilities owned and operated by a county or an
   51  independent special district pursuant to county-owned and
   52  operated facilities as contemplated by this chapter is being
   53  served by or there is available to it for service such
   54  facilities which are owned and operated by private individuals,
   55  copartnerships, corporations or associations or service by such
   56  facilities is available to the parcel, plot, or area of land,
   57  then the county or the independent special district is hereby
   58  prohibited from furnishing the facilities provided by this
   59  chapter to such land property without the written consent of the
   60  owner or owners of the such privately owned and operated
   61  facilities.
   62         (c)(c) The obtaining of such surveys, investigations,
   63  studies, borings, maps, plans, drawings and estimates pursuant
   64  to this subsection serves is hereby declared to be a public
   65  county purpose and the costs thereof may be paid out of the
   66  general funds of the county or the independent special district.
   67         (d)(d) Upon receipt of the such report, the county
   68  commission or the county commission for each county in which the
   69  independent special district is exercising the authority granted
   70  under this section may authorize the purchase and and/or
   71  construction of such facilities as it deems may deem feasible
   72  and practicable.
   73         (e)(e) All public or private property damaged or destroyed
   74  in carrying out the powers granted by this chapter must shall be
   75  restored or repaired and placed in its original condition as
   76  nearly as practicable or adequate compensation made therefor out
   77  of the funds provided to the county by this chapter or, if the
   78  damage or destruction is caused by an independent special
   79  district, from the funds derived from the revenue sources
   80  authorized for the district in its charter.
   81         (f)(f) The state hereby consents to the use of all state
   82  lands lying under water which are necessary for the
   83  accomplishments or purposes of this chapter.
   84         (2) The construction or maintenance of a water supply or
   85  sewage disposal system by a county or an independent special
   86  district is exempt from the requirements of s. 253.77, provided
   87  the county or the independent special district utility completes
   88  the requirements of subsection (1).
   89         Section 2. This act shall take effect July 1, 2021.
   90  
   91  ================= T I T L E  A M E N D M E N T ================
   92  And the title is amended as follows:
   93         Delete everything before the enacting clause
   94  and insert:
   95                        A bill to be entitled                      
   96         An act relating to construction and maintenance of
   97         water supply and sewage disposal systems by counties
   98         and independent special districts; amending s. 153.04;
   99         providing requirements for independent special
  100         districts that choose to exercise certain powers;
  101         providing an exception for certain entities to
  102         construct water supply systems; providing an effective
  103         date.