HB 1605

1	A bill to be entitled
2	An act relating to water resource protection; amending s.
3	153.11, F.S.; conforming provisions to changes made by the
4	act; creating ss. 153.112 and 180.133, F.S.; directing
5	counties and municipalities, in cooperation with water
6	management districts, to conduct an evaluation of primary
7	water resources; authorizing counties and municipalities
8	to use funds collected for water and sewage utility usage
9	to help finance the protection of such resources;
10	authorizing counties and municipalities to transfer funds
11	to a district for this purpose; amending s. 373.0831,
12	F.S.; authorizing water management districts to expend
13	funds received from counties and municipalities to protect
14	water resources; providing an effective date.
15
16	WHEREAS, public water utilities are the direct providers of
17	drinking water to the public, and
18	WHEREAS, public water utilities have an interest in
19	protecting water sources that are used by the utility, and
20	WHEREAS, acquiring and preserving lands that are integral
21	to protecting water sources serves an important county and
22	municipal purpose, and
23	WHEREAS, public water utilities should enter into
24	partnerships with water management districts in providing and
25	protecting a reliable and safe drinking water supply for the
26	public, NOW, THEREFORE,
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  Paragraph (b) of subsection (1) of section
31	153.11, Florida Statutes, is amended to read:
32	153.11  Water service charges and sewer service charges;
33	revenues.-
34	(1)
35	(b)  After the system has or systems shall have been in
36	operation, the county commission may revise the such schedule of
37	rates, fees, and charges in order from time to time. Such rates,
38	fees and charges shall be so fixed and revised as to provide
39	funds, including with other funds available for such purposes,
40	sufficient at all times to pay the cost of maintaining,
41	repairing, and operating the system, or systems including the
42	reserves for such purposes and for replacements, and
43	depreciation, and necessary extensions; to finance the
44	protection of water resources as provided in s. 153.112;, to pay
45	the principal of and the interest on, and related reserves for,
46	the water revenue bonds or and/or sewer revenue bonds as they
47	the same shall become due; and the reserves therefor, and to
48	provide a margin of safety for making such payments. The county
49	commission shall charge and collect the rates, fees, and charges
50	so fixed or revised, and such rates, fees, and charges are shall
51	not be subject to supervision or regulation by any other
52	commission, board, bureau, or agency of the county or of the
53	state or of any sanitary district or other political subdivision
54	of the state.
55	Section 2.  Section 153.112, Florida Statutes, is created
56	to read:
57	153.112  Protection of water resources.-A county commission
58	that uses state water resources for water supply purposes shall,
59	in cooperation with the relevant water management districts,
60	conduct an evaluation of water resources that might reasonably
61	be considered to be a primary source of water from which all or
62	part of the county's water supplies are derived. The evaluation
63	must determine if the water resources are adequately protected
64	from sources of pollution and from land uses incompatible with
65	their protection. If the evaluation determines that the resource
66	is not adequately protected, the county may use funds collected
67	under s. 153.11(1) to finance the protection of water resources
68	as provided in s. 373.016(3)(b) and (d), including the
69	acquisition of easements or fee interests to protect or restore
70	land where the water resource is located or from which it flows
71	or is recharged. The county may transfer funds to the water
72	management district for this purpose. Title to lands purchased
73	by a water management district pursuant to this section shall
74	remain with the water management district.
75	Section 3.  Section 180.133, Florida Statutes, is created
76	to read:
77	180.133  Protection of municipal water resources.-The
78	governing body of a municipality that provides water utility
79	services that use state water resources for water supply
80	purposes shall, in cooperation with the relevant water
81	management districts, conduct an evaluation of water resources
82	that might reasonably be considered to be a primary source of
83	water from which all or part of the municipality's water
84	supplies are derived. The evaluation must determine if the water
85	resources are adequately protected from sources of pollution and
86	from land uses incompatible with their protection. If the
87	evaluation determines that the resource is not adequately
88	protected, the municipality may use funds collected under s.
89	180.13 to finance the protection of water resources as provided
90	in s. 373.016(3)(b) and (d), including the acquisition of
91	easements or fee interests to protect or restore land where the
92	water resource is located or from which it flows or is
93	recharged. The municipality may transfer funds to the water
94	management district for this purpose. Title to lands purchased
95	by a water management district pursuant to this section shall
96	remain with the water management district.
97	Section 4.  Subsection (5) is added to section 373.0831,
98	Florida Statutes, to read:
99	373.0831  Water resource development; water supply
100	development.-
101	(5)  Water management districts may expend funds received
102	from county and municipal water utilities pursuant to ss.
103	153.112 and 180.133 for land acquisition and water resource
104	development projects that contribute to the protection of the
105	primary source of drinking water used by the utility. In
106	addition, the water management district may expend these funds
107	to acquire water resource protection lands identified by the
108	water management district pursuant to s. 373.199 or for water
109	resource lands identified for protection pursuant to a watershed
110	restoration plan adopted by the water management district.
111	Section 5.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.