Florida Senate - 2023                                    SB 1240
       
       
        
       By Senator Burgess
       
       
       
       
       
       23-01137A-23                                          20231240__
    1                        A bill to be entitled                      
    2         An act relating to land and water management; creating
    3         s. 373.027, F.S.; prohibiting counties and
    4         municipalities from adopting laws, regulations, rules,
    5         or policies relating to water quality or quantity,
    6         pollution control, pollutant discharge prevention or
    7         removal, and wetlands; preempting such regulation to
    8         the state; providing applicability and construction;
    9         requiring the Department of Environmental Protection
   10         to notify the Chief Financial Officer of certain
   11         violations; requiring the Chief Financial Officer to
   12         withhold certain funds; repealing s. 373.591, F.S.,
   13         relating to land management review teams; providing an
   14         effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 373.027, Florida Statutes, is created to
   19  read:
   20         373.027 Water management preemption.—
   21         (1) A county or municipality may not adopt laws,
   22  regulations, rules, or policies relating to any of the
   23  following:
   24         (a) Water quality.
   25         (b) Water quantity.
   26         (c) Pollution control.
   27         (d) Pollutant discharge prevention or removal.
   28         (e) Wetlands, including any delineation.
   29         (2) The regulation of water quality, water quantity,
   30  pollution control, pollutant discharge prevention and removal,
   31  and wetlands, including any delineation, is exclusively
   32  preempted to the state.
   33         (3) This section does not:
   34         (a) Apply to an interagency or interlocal agreement between
   35  the department and any agency, water management district, or
   36  local government conducting programs relating to or materially
   37  affecting the water resources of the state.
   38         (b) Affect the authority of a county or municipality to
   39  regulate and operate its own water system, wastewater system, or
   40  stormwater system.
   41         (4) If the department determines that a county or
   42  municipality is in violation of this section, the department
   43  shall notify the Chief Financial Officer of the violation and
   44  the Chief Financial Officer shall withhold any state funds to
   45  which the county or municipality may be entitled.
   46         Section 2. Section 373.591, Florida Statutes, is repealed.
   47         Section 3. This act shall take effect July 1, 2023.