Florida Senate - 2013                                    SB 1712
       By Senator Altman
       16-00997A-13                                          20131712__
    1                        A bill to be entitled                      
    2         An act relating to stormwater management system fees;
    3         amending s. 403.0893, F.S.; providing that certain
    4         stormwater utility fees or per acreage fees constitute
    5         a lien on the land or premises until such fees are
    6         paid; establishing the priority of certain liens;
    7         providing for foreclosure of certain liens; providing
    8         an effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Section 403.0893, Florida Statutes, is amended
   13  to read:
   14         403.0893 Stormwater funding; dedicated funds for stormwater
   15  management.—
   16         (1) In addition to any other funding mechanism legally
   17  available to local government to construct, operate, or maintain
   18  stormwater systems, a county or municipality may:
   19         (a)(1) Create one or more stormwater utilities and adopt
   20  stormwater utility fees sufficient to plan, construct, operate,
   21  and maintain stormwater management systems set out in the local
   22  program required pursuant to s. 403.0891(3);
   23         (b)(2) Establish and set aside, as a continuing source of
   24  revenue, other funds sufficient to plan, construct, operate, and
   25  maintain stormwater management systems set out in the local
   26  program required pursuant to s. 403.0891(3); or
   27         (c)(3) Create, alone or in cooperation with counties,
   28  municipalities, and special districts pursuant to the Interlocal
   29  Cooperation Act, s. 163.01, one or more stormwater management
   30  system benefit areas. All property owners within said area may
   31  be assessed a per acreage fee to fund the planning,
   32  construction, operation, maintenance, and administration of a
   33  public stormwater management system for the benefited area. Any
   34  benefit area containing different land uses which receive
   35  substantially different levels of stormwater benefits shall
   36  include stormwater management system benefit subareas which
   37  shall be assessed different per acreage fees from subarea to
   38  subarea based upon a reasonable relationship to benefits
   39  received. The fees shall be calculated to generate sufficient
   40  funds to plan, construct, operate, and maintain stormwater
   41  management systems called for in the local program required
   42  pursuant to s. 403.0891(3).
   43         (2) For fees assessed pursuant to this section, counties or
   44  municipalities may use the non-ad valorem levy, collection, and
   45  enforcement method as provided for in chapter 197. These fees
   46  constitute a lien on all lands or premises served by the
   47  stormwater management system until paid and shall be prior to
   48  all other liens on such lands or premises, except the liens of
   49  state, county, and municipal taxes, and be on parity with the
   50  other liens of such state, county, and municipal taxes. Such
   51  liens, if delinquent for more than 30 days, may be foreclosed by
   52  a municipality in the manner provided by the laws of this state
   53  which govern the foreclosure of mortgages on real property.
   54         Section 2. This act shall take effect July 1, 2013.