Florida Senate - 2010 SB 1712
By Senator Bennett
21-01074-10 20101712__
1 A bill to be entitled
2 An act relating to county water system and sanitary
3 sewer financing; amending s. 153.02, F.S.; defining
4 the terms “system capacity charge,” “contribution-in
5 aid-of-construction,” “contributor,” and “hydraulic
6 share”; amending s. 153.11, F.S.; providing that if a
7 contributor is charged a system capacity charge, the
8 charge must be based on the actual hydraulic share
9 applied to the contributor during the preceding 12
10 month period; requiring that the county commission
11 refund to the contributor the difference between the
12 charge imposed during the 12-month period and the
13 hydraulic share if the system capacity charge is an
14 amount greater than the hydraulic share; providing
15 that if the system capacity charge is in an amount
16 less than the hydraulic share for the preceding 12
17 month period, the county commission may require the
18 contributor to pay the difference between the charges;
19 providing that if a contributor is charged a system
20 capacity charge, the system capacity charge must be
21 based on the actual hydraulic share used by the
22 contributor during the preceding 12-month period;
23 providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Section 153.02, Florida Statutes, is amended to
28 read:
29 153.02 Definitions.—As used in this part, the term
30 following words and terms shall have the following meanings
31 unless some other meaning is plainly indicated:
32 (1) The word “County” means shall mean any of the several
33 counties of the state operating under the authority granted by
34 this chapter.
35 (2) The term “County commission” or the word “commission”
36 means shall mean the board of county commissioners of any county
37 operating under the powers granted by this chapter.
38 (3) The term “Water system” means shall mean and shall
39 include any plant, wells, pipes, tanks, reservoirs, system,
40 facility, or property used or useful or having the present
41 capacity for future use in connection with the obtaining and
42 supplying water and alternative water supplies, including, but
43 not limited to, reclaimed water and water from aquifer storage
44 and recovery and desalination systems, for human consumption,
45 fire protection, irrigation, consumption by business, or
46 consumption by industry, and, without limiting the generality of
47 the foregoing definition, includes shall embrace all necessary
48 appurtenances and equipment and shall include all property,
49 rights, easements, and franchises relating to any such system
50 and deemed necessary or convenient for the operation of the
51 system thereof.
52 (4) The term “Water system improvements” mean shall include
53 all water pipes or lines, valves, meters, and other water
54 supplying equipment within the county other than such equipment
55 as constitute a part of the water supply system and includes
56 shall embrace water mains and laterals for the carrying of water
57 to the premises connected therewith and for carrying such water
58 from some part of the water supply system.
59 (5) The term “Sewage disposal system” means shall mean and
60 shall include any plant, system, facility, or property used or
61 useful or having the present capacity for future use in
62 connection with the collection, treatment, purification, or
63 disposal of sewage, or reuse of wastewater, and, without
64 limiting the generality of the foregoing definition, includes
65 shall embrace treatment plants, pumping stations, intercepting
66 sewers, pressure lines, mains, and all necessary appurtenances
67 and equipment and includes shall include all property, rights,
68 easements, and franchises relating to any such system and deemed
69 necessary or convenient for the operation of the system thereof.
70 (6) The term “Sewer improvements” mean shall include all
71 sanitary sewers within the county other than such mains and
72 lines as constitute a part of a sewage disposal system, and
73 includes shall embrace sewer mains and laterals for the
74 reception of sewage from premises connected therewith and for
75 carrying the such sewage to some part of the sewage disposal
76 system or for the distribution of reclaimed sewage for reuse.
77 (7) The word “Facility” means shall mean such water
78 systems, sewage disposal systems, water system improvements, or
79 and/or sewer improvements or additions thereto as are defined by
80 this chapter.
81 (8) The word “Cost” as applied to a water supply system or
82 extensions or additions thereto or to water supply improvements
83 or to a sewage disposal system or extensions or additions
84 thereto or to sewer improvements means shall include the cost of
85 construction or reconstruction, the cost of all labor,
86 materials, machinery, and equipment, the cost of all lands,
87 property, rights, easements, and franchises acquired, financing
88 charges, interest before prior to and during construction and
89 for 1 year after completion of construction, cost of plans and
90 specifications, surveys of estimates of costs and of revenues,
91 cost of engineering and legal services, and all other expenses
92 necessary or incident to determining the feasibility or
93 practicability of such construction or reconstruction,
94 administrative expense, and such other expense as may be
95 necessary or incident to the financing herein authorized. Any
96 obligation or expense heretofore or hereafter incurred by the
97 county in connection with any of the foregoing terms of cost may
98 be regarded as a part of the such cost and reimbursed to the
99 county out of the proceeds of bonds issued under the provisions
100 of this chapter.
101 (9) The term “Water revenue bonds” mean shall mean special
102 obligations of the county which are payable solely from water
103 service charges and which do not shall in no way pledge the
104 property, credit, or general tax revenue of the county.
105 (10) The term “Sewer revenue bonds” mean shall mean special
106 obligations of the county which are payable solely from sewer
107 service charges and which do not in no way pledge the property,
108 credit, or general tax revenue of the county.
109 (11) The term “General obligation bonds” mean shall mean
110 general obligations of the county which are payable from
111 unlimited ad valorem taxes or from such taxes and additionally
112 secured by a pledge of water service charges or sewer service
113 charges or special assessments, or all of them.
114 (12) The word “Bonds” mean shall include water revenue
115 bonds, sewer revenue bonds, and general obligation bonds.
116 (13) The word “Sewage” means shall include any substance
117 that contains any of the waste products, excrement, or other
118 discharge from the bodies of human beings or animals as well as
119 such other wastes as normally emanate from dwelling houses.
120 (14) “System capacity charge” means the charge that is
121 designed to defray a portion of the cost of the utility system
122 made by a utility for each new connection to the system.
123 (15) “Contribution-in-aid-of-construction” means any amount
124 or item of money, service, or property that is received by a
125 utility from any person or governmental agency, that represents
126 an addition or transfer to the capital of the utility, and that
127 is used to offset the acquisition, improvement, or construction
128 costs of the utility’s property, facilities, or equipment used
129 to provide utility services to the public. The term includes,
130 but is not limited to, system capacity charges, main extension
131 charges, and customer connection charges.
132 (16) “Contributor” means a person, builder, or developer
133 who makes a contribution-in-aid-of-construction.
134 (17) “Hydraulic share” means the pro rata share of the
135 capabilities of the utility’s facilities which is to be made
136 available for service to the contributor.
137 Section 2. Paragraph (f) is added to subsection (1) of
138 section 153.11, Florida Statutes, to read:
139 153.11 Water service charges and sewer service charges;
140 revenues.—
141 (1)
142 (f) If a contributor is charged a system capacity charge,
143 the system capacity charge must be based on the actual hydraulic
144 share applied during the preceding 12-month period. If the
145 system capacity charge is an amount greater than the hydraulic
146 share for the preceding 12-month period, the county commission
147 shall refund to the contributor the difference between the
148 charge imposed during the 12-month period and the hydraulic
149 share. If the system capacity charge is in an amount less than
150 the hydraulic share for the preceding 12-month period, the
151 county commission may require the contributor to pay the
152 difference between the charges.
153 Section 3. This act shall take effect July 1, 2010.