Bill Text: FL S1712 | 2010 | Regular Session | Introduced
Bill Title: County Water System and Sanitary Sewer Financing [EPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Community Affairs [S1712 Detail]
Download: Florida-2010-S1712-Introduced.html
Florida Senate - 2010 SB 1712 By Senator Bennett 21-01074-10 20101712__ 1 A bill to be entitled 2 An act relating to county water system and sanitary 3 sewer financing; amending s. 153.02, F.S.; defining 4 the terms “system capacity charge,” “contribution-in 5 aid-of-construction,” “contributor,” and “hydraulic 6 share”; amending s. 153.11, F.S.; providing that if a 7 contributor is charged a system capacity charge, the 8 charge must be based on the actual hydraulic share 9 applied to the contributor during the preceding 12 10 month period; requiring that the county commission 11 refund to the contributor the difference between the 12 charge imposed during the 12-month period and the 13 hydraulic share if the system capacity charge is an 14 amount greater than the hydraulic share; providing 15 that if the system capacity charge is in an amount 16 less than the hydraulic share for the preceding 12 17 month period, the county commission may require the 18 contributor to pay the difference between the charges; 19 providing that if a contributor is charged a system 20 capacity charge, the system capacity charge must be 21 based on the actual hydraulic share used by the 22 contributor during the preceding 12-month period; 23 providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Section 153.02, Florida Statutes, is amended to 28 read: 29 153.02 Definitions.—As used in this part, the term 30following words and terms shall have the following meanings31unless some other meaning is plainly indicated: 32 (1)The word“County” meansshall meanany of the several 33 counties of the state operating under the authority granted by 34 this chapter. 35 (2)The term“County commission” or the word “commission” 36 meansshall meanthe board of county commissioners of any county 37 operating under the powers granted by this chapter. 38 (3)The term“Water system” meansshall mean and shall39includeany plant, wells, pipes, tanks, reservoirs, system, 40 facility, or property used or useful or having the present 41 capacity for future use in connection with the obtaining and 42 supplying water and alternative water supplies, including, but 43 not limited to, reclaimed water and water from aquifer storage 44 and recovery and desalination systems, for human consumption, 45 fire protection, irrigation, consumption by business, or 46 consumption by industry, and, without limiting the generality of 47 the foregoing definition, includesshall embraceall necessary 48 appurtenances and equipment andshall includeall property, 49 rights, easements, and franchises relating to any such system 50 and deemed necessary or convenient for the operation of the 51 systemthereof. 52 (4)The term“Water system improvements” meanshall include53 all water pipes or lines, valves, meters, and other water 54 supplying equipment within the county other than such equipment 55 as constitute a part of the water supply system and includes 56shall embracewater mains and laterals for the carrying of water 57 to the premises connected therewith and for carrying such water 58 from some part of the water supply system. 59 (5)The term“Sewage disposal system” meansshall mean and60shall includeany plant, system, facility, or property used or 61 useful or having the present capacity for future use in 62 connection with the collection, treatment, purification, or 63 disposal of sewage, or reuse of wastewater, and, without 64 limiting the generality of the foregoing definition, includes 65shall embracetreatment plants, pumping stations, intercepting 66 sewers, pressure lines, mains, and all necessary appurtenances 67 and equipment and includesshall includeall property, rights, 68 easements, and franchises relating to any such system and deemed 69 necessary or convenient for the operation of the systemthereof. 70 (6)The term“Sewer improvements” meanshall includeall 71 sanitary sewers within the county other than such mains and 72 lines as constitute a part of a sewage disposal system, and 73 includesshall embracesewer mains and laterals for the 74 reception of sewage from premises connected therewith and for 75 carrying thesuchsewage to some part of the sewage disposal 76 system or for the distribution of reclaimed sewage for reuse. 77 (7)The word“Facility” meansshall meansuch water 78 systems, sewage disposal systems, water system improvements, or 79and/orsewer improvements or additions theretoas are defined by80this chapter. 81 (8)The word“Cost” as applied to a water supply system or 82 extensions or additions thereto or to water supply improvements 83 or to a sewage disposal system or extensions or additions 84 thereto or to sewer improvements meansshall includethe cost of 85 construction or reconstruction, the cost of all labor, 86 materials, machinery, and equipment, the cost of all lands, 87 property, rights, easements, and franchises acquired, financing 88 charges, interest beforeprior toand during construction and 89 for 1 year after completion of construction, cost of plans and 90 specifications, surveys of estimates of costs and of revenues, 91 cost of engineering and legal services,andall other expenses 92 necessary or incident to determining the feasibility or 93 practicability of such construction or reconstruction, 94 administrative expense, and such other expense as may be 95 necessary or incident to the financing herein authorized. Any 96 obligation or expense heretofore or hereafter incurred by the 97 county in connection with any of the foregoing terms of cost may 98 be regarded as a part of thesuchcost and reimbursed to the 99 county out of the proceeds of bonds issued underthe provisions100ofthis chapter. 101 (9)The term“Water revenue bonds” meanshall meanspecial 102 obligations of the county which are payable solely from water 103 service charges and which do notshall in no waypledge the 104 property, credit, or general tax revenue of the county. 105 (10)The term“Sewer revenue bonds” meanshall meanspecial 106 obligations of the county which are payable solely from sewer 107 service charges and which do notin no waypledge the property, 108 credit, or general tax revenue of the county. 109 (11)The term“General obligation bonds” meanshall mean110 general obligations of the county which are payable from 111 unlimited ad valorem taxes or from such taxes and additionally 112 secured by a pledge of water service charges or sewer service 113 charges or special assessments, or all of them. 114 (12)The word“Bonds” meanshall includewater revenue 115 bonds, sewer revenue bonds, and general obligation bonds. 116 (13)The word“Sewage” meansshall includeany substance 117 that contains any of the waste products, excrement, or other 118 discharge from the bodies of human beings or animals as well as 119 such other wastes as normally emanate from dwelling houses. 120 (14) “System capacity charge” means the charge that is 121 designed to defray a portion of the cost of the utility system 122 made by a utility for each new connection to the system. 123 (15) “Contribution-in-aid-of-construction” means any amount 124 or item of money, service, or property that is received by a 125 utility from any person or governmental agency, that represents 126 an addition or transfer to the capital of the utility, and that 127 is used to offset the acquisition, improvement, or construction 128 costs of the utility’s property, facilities, or equipment used 129 to provide utility services to the public. The term includes, 130 but is not limited to, system capacity charges, main extension 131 charges, and customer connection charges. 132 (16) “Contributor” means a person, builder, or developer 133 who makes a contribution-in-aid-of-construction. 134 (17) “Hydraulic share” means the pro rata share of the 135 capabilities of the utility’s facilities which is to be made 136 available for service to the contributor. 137 Section 2. Paragraph (f) is added to subsection (1) of 138 section 153.11, Florida Statutes, to read: 139 153.11 Water service charges and sewer service charges; 140 revenues.— 141 (1) 142 (f) If a contributor is charged a system capacity charge, 143 the system capacity charge must be based on the actual hydraulic 144 share applied during the preceding 12-month period. If the 145 system capacity charge is an amount greater than the hydraulic 146 share for the preceding 12-month period, the county commission 147 shall refund to the contributor the difference between the 148 charge imposed during the 12-month period and the hydraulic 149 share. If the system capacity charge is in an amount less than 150 the hydraulic share for the preceding 12-month period, the 151 county commission may require the contributor to pay the 152 difference between the charges. 153 Section 3. This act shall take effect July 1, 2010.