Florida Senate - 2026                                     SB 718
       
       
        
       By Senator McClain
       
       
       
       
       
       9-00674-26                                             2026718__
    1                        A bill to be entitled                      
    2         An act relating to water management; creating s.
    3         373.027, F.S.; prohibiting counties and municipalities
    4         from adopting laws, regulations, rules, or policies
    5         relating to water quality or quantity, pollution
    6         control, pollutant discharge prevention or removal, or
    7         wetlands; preempting such regulation to the state;
    8         providing applicability and construction; requiring
    9         the Department of Environmental Protection to notify
   10         the Chief Financial Officer of certain violations;
   11         requiring the Chief Financial Officer to withhold
   12         certain funds; repealing s. 373.591, F.S., relating to
   13         land management review teams; providing an effective
   14         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, 2026.