Bill Text: FL S1752 | 2021 | Regular Session | Comm Sub


Bill Title: Construction and Maintenance of Water Supply and Sewage Disposal Systems by Counties and Independent Special Districts

Spectrum: Bipartisan Bill

Status: (Failed) 2021-04-30 - Died in Community Affairs [S1752 Detail]

Download: Florida-2021-S1752-Comm_Sub.html
       Florida Senate - 2021                             CS for SB 1752
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senator Rodriguez
       
       
       
       
       592-02887-21                                          20211752c1
    1                        A bill to be entitled                      
    2         An act relating to construction and maintenance of
    3         water supply and sewage disposal systems by counties
    4         and independent special districts; amending s. 153.04,
    5         F.S.; providing requirements for independent special
    6         districts that choose to exercise certain powers
    7         granted under ch. 153, F.S.; providing an exception
    8         for certain entities to construct water supply
    9         systems; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 153.04, Florida Statutes, is amended to
   14  read:
   15         153.04 Construction of water supply systems, water system
   16  improvements, sewage disposal systems, and sewer improvements.—
   17         (1) Whenever a the county commission of any of the several
   18  counties of the state by resolution chooses to exercise the
   19  powers granted by this chapter, or the governing board of an
   20  independent special district chooses to exercise the powers
   21  granted in the charter of the special district which are
   22  coextensive with the powers granted by this chapter, it shall
   23  make or cause to be made such surveys, investigations, studies,
   24  borings, maps, plans, drawings and estimates of costs and of
   25  revenues as it deems may deem necessary to prepare or have
   26  prepared so that the such county commission has shall have
   27  available to it a comprehensive study and report.
   28         (a)The study and report must include setting forth either
   29  or both of the following:
   30         1.(1) The type and estimate of costs of each water supply
   31  system, the purchase or construction of which is shall be deemed
   32  by the county commission or the governing board of the
   33  independent special district it to be desirable and feasible,
   34  together with the location thereof, and of each integral part,
   35  and also setting forth what water system improvements, if any,
   36  are deemed it deems necessary to purchase or construct to
   37  protect the health of and render fire protection to the
   38  inhabitants of the county or the independent special district,
   39  as applicable, together with the location by terminal points and
   40  route of each such improvement, a description thereof by its
   41  material, nature, character, and size, and an estimate of the
   42  cost of its purchase or construction.
   43         2.(2)(a) The type of treatment and estimate of cost of each
   44  sewage disposal plant or system, the purchase, or construction
   45  of which is shall be deemed by the county commission or
   46  governing board of the independent special district to be
   47  desirable and feasible, together with the location thereof and
   48  of each integral part, and also setting forth what sewer
   49  improvements, if any, are deemed it deems necessary to purchase
   50  or construct to protect the health of the inhabitants of the
   51  county or the independent special district, as applicable,
   52  together with the location by terminal points and route of each
   53  such improvement, a description thereof by its material, nature,
   54  character, and size and an estimate of the cost of its purchase
   55  or construction.
   56         (b) If the such study and report reveals, or if it is a
   57  fact that any parcel, plot, or area of land proposed to be
   58  served by facilities owned and operated by a county or an
   59  independent special district pursuant to county-owned and
   60  operated facilities as contemplated by this chapter is being
   61  served by or there is available to it for service such
   62  facilities which are owned and operated by private individuals,
   63  copartnerships, corporations or associations or service by such
   64  facilities is available to the parcel, plot, or area of land,
   65  then the county or the independent special district is hereby
   66  prohibited from furnishing the facilities provided by this
   67  chapter to such land property without the written consent of the
   68  owner or owners of the such privately owned and operated
   69  facilities.
   70         (c) The obtaining of such surveys, investigations, studies,
   71  borings, maps, plans, drawings and estimates pursuant to this
   72  subsection serves is hereby declared to be a public county
   73  purpose and the costs thereof may be paid out of the general
   74  funds of the county or the independent special district.
   75         (d) Upon receipt of the such report, the county commission
   76  or the county commission for each county in which the
   77  independent special district is exercising the authority granted
   78  under this section may authorize the purchase and and/or
   79  construction of such facilities as it deems may deem feasible
   80  and practicable.
   81         (e) All public or private property damaged or destroyed in
   82  carrying out the powers granted by this chapter must shall be
   83  restored or repaired and placed in its original condition as
   84  nearly as practicable or adequate compensation made therefor out
   85  of the funds provided to the county by this chapter or, if the
   86  damage or destruction is caused by an independent special
   87  district, from the funds derived from the revenue sources
   88  authorized for the district in its charter.
   89         (f) The state hereby consents to the use of all state lands
   90  lying under water which are necessary for the accomplishments or
   91  purposes of this chapter.
   92         (2)The construction or maintenance of a water supply or
   93  sewage disposal system by a county or an independent special
   94  district is exempt from the requirements of s. 253.77, provided
   95  the county or the independent special district utility completes
   96  the requirements of subsection (1).
   97         Section 2. This act shall take effect July 1, 2021.

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