HB 1197 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1197-00
Page 1 of 2
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to land and water management; creating 2
s. 373.027, F.S.; prohibiting counties and 3
municipalities from adopting laws, regulations, rules, 4
or policies relating to water quality or quantity, 5
pollution control, pollutant discharge prevention or 6
removal, and wetlands; preempting such regulation to 7
the state; providing applicability and construction; 8
requiring the department to notify the Chief Fina ncial 9
Officer of certain violations; requiring the Chief 10
Financial Officer to withhold certain funds; repealing 11
s. 373.591, F.S., relating to land management review 12
teams; providing an effective date. 13
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Be It Enacted by the Legislature of the State of F lorida: 15
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Section 1. Section 373.027, Florida Statutes, is created 17
to read: 18
373.027 Water management preemption. — 19
(1) A county or municipality may not adopt laws, 20
regulations, rules, or policies relating to any of the 21
following: 22
(a) Water quality. 23
(b) Water quantity. 24
(c) Pollution control. 25
HB 1197 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1197-00
Page 2 of 2
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(d) Pollutant discharge prevention or removal. 26
(e) Wetlands, including any delineation. 27
(2) The regulation of water quality, water quantity, 28
pollution control, pollutant discharge prevention and removal , 29
and wetlands, including any delineation, is exclusively 30
preempted to the state. 31
(3) This section does not: 32
(a) Apply to an interagency or interlocal agreement 33
between the department and any agency, water management 34
district, or local government condu cting programs relating to or 35
materially affecting the water resources of the state. 36
(b) Affect the authority of a county or municipality to 37
regulate and operate its own water system, wastewater system, or 38
stormwater system. 39
(4) If the department determines that a county or 40
municipality is in violation of this section, the department 41
shall notify the Chief Financial Officer of the violation and 42
the Chief Financial Officer shall withhold any state funds to 43
which the county or municipality may be ent itled. 44
Section 2. Section 373.591, Florida Statutes, is repealed. 45
Section 3. This act shall take effect July 1, 2023. 46