Bill Text: FL S1752 | 2021 | Regular Session | Comm Sub
Bill Title: Construction and Maintenance of Water Supply and Sewage Disposal Systems by Counties and Independent Special Districts
Spectrum: Bipartisan Bill
Status: (Failed) 2021-04-30 - Died in Community Affairs [S1752 Detail]
Download: Florida-2021-S1752-Comm_Sub.html
Florida Senate - 2021 CS for SB 1752
By the Committee on Environment and Natural Resources; and
Senator Rodriguez
592-02887-21 20211752c1
1 A bill to be entitled
2 An act relating to construction and maintenance of
3 water supply and sewage disposal systems by counties
4 and independent special districts; amending s. 153.04,
5 F.S.; providing requirements for independent special
6 districts that choose to exercise certain powers
7 granted under ch. 153, F.S.; providing an exception
8 for certain entities to construct water supply
9 systems; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 153.04, Florida Statutes, is amended to
14 read:
15 153.04 Construction of water supply systems, water system
16 improvements, sewage disposal systems, and sewer improvements.—
17 (1) Whenever a the county commission of any of the several
18 counties of the state by resolution chooses to exercise the
19 powers granted by this chapter, or the governing board of an
20 independent special district chooses to exercise the powers
21 granted in the charter of the special district which are
22 coextensive with the powers granted by this chapter, it shall
23 make or cause to be made such surveys, investigations, studies,
24 borings, maps, plans, drawings and estimates of costs and of
25 revenues as it deems may deem necessary to prepare or have
26 prepared so that the such county commission has shall have
27 available to it a comprehensive study and report.
28 (a) The study and report must include setting forth either
29 or both of the following:
30 1.(1) The type and estimate of costs of each water supply
31 system, the purchase or construction of which is shall be deemed
32 by the county commission or the governing board of the
33 independent special district it to be desirable and feasible,
34 together with the location thereof, and of each integral part,
35 and also setting forth what water system improvements, if any,
36 are deemed it deems necessary to purchase or construct to
37 protect the health of and render fire protection to the
38 inhabitants of the county or the independent special district,
39 as applicable, together with the location by terminal points and
40 route of each such improvement, a description thereof by its
41 material, nature, character, and size, and an estimate of the
42 cost of its purchase or construction.
43 2.(2)(a) The type of treatment and estimate of cost of each
44 sewage disposal plant or system, the purchase, or construction
45 of which is shall be deemed by the county commission or
46 governing board of the independent special district to be
47 desirable and feasible, together with the location thereof and
48 of each integral part, and also setting forth what sewer
49 improvements, if any, are deemed it deems necessary to purchase
50 or construct to protect the health of the inhabitants of the
51 county or the independent special district, as applicable,
52 together with the location by terminal points and route of each
53 such improvement, a description thereof by its material, nature,
54 character, and size and an estimate of the cost of its purchase
55 or construction.
56 (b) If the such study and report reveals, or if it is a
57 fact that any parcel, plot, or area of land proposed to be
58 served by facilities owned and operated by a county or an
59 independent special district pursuant to county-owned and
60 operated facilities as contemplated by this chapter is being
61 served by or there is available to it for service such
62 facilities which are owned and operated by private individuals,
63 copartnerships, corporations or associations or service by such
64 facilities is available to the parcel, plot, or area of land,
65 then the county or the independent special district is hereby
66 prohibited from furnishing the facilities provided by this
67 chapter to such land property without the written consent of the
68 owner or owners of the such privately owned and operated
69 facilities.
70 (c) The obtaining of such surveys, investigations, studies,
71 borings, maps, plans, drawings and estimates pursuant to this
72 subsection serves is hereby declared to be a public county
73 purpose and the costs thereof may be paid out of the general
74 funds of the county or the independent special district.
75 (d) Upon receipt of the such report, the county commission
76 or the county commission for each county in which the
77 independent special district is exercising the authority granted
78 under this section may authorize the purchase and and/or
79 construction of such facilities as it deems may deem feasible
80 and practicable.
81 (e) All public or private property damaged or destroyed in
82 carrying out the powers granted by this chapter must shall be
83 restored or repaired and placed in its original condition as
84 nearly as practicable or adequate compensation made therefor out
85 of the funds provided to the county by this chapter or, if the
86 damage or destruction is caused by an independent special
87 district, from the funds derived from the revenue sources
88 authorized for the district in its charter.
89 (f) The state hereby consents to the use of all state lands
90 lying under water which are necessary for the accomplishments or
91 purposes of this chapter.
92 (2) The construction or maintenance of a water supply or
93 sewage disposal system by a county or an independent special
94 district is exempt from the requirements of s. 253.77, provided
95 the county or the independent special district utility completes
96 the requirements of subsection (1).
97 Section 2. This act shall take effect July 1, 2021.
