CS/HB 821 2024
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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 the Melbourne -Tillman Water Control 2
District, Brevard County; amending chapter 2001 -336, 3
Laws of Florida; deleting obsolete language; revising 4
maximum stormwater management user fees for 5
residential, agricultural, and commercial parcels of 6
land; providing an effective date. 7
8
Be It Enacted by the Legislature of the State of Florida: 9
10
Section 1. Subsection (12) of section 8 of section 3 of 11
chapter 2001-336, Laws of Florida, is amended to read: 12
Section 8. Powers given the Board to effect a surface 13
water management system within District boundaries. —In order to 14
responsibly, efficiently, and effectively secure, operate, and 15
maintain an adequate, dependable surface water management 16
system, the Board of Directors, consistent with and supportive 17
of the state water policy, the state water use plan, the state 18
land development plan, and the regional policy plan, shall: 19
(12)(a) Levy, assess, and collect an annual stormwater 20
management user fee to carry out the purposes of the District, 21
beginning with the 1990 -1991 budget year. 22
(a) Such fee must be just and equitable and shall be based 23
upon the impact that a given parcel of land imposes on the 24
stormwater management system. 25
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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
(b) A fee may not be finally set by the Board of Directors 26
or approved by the Board of County Commissioners of Brevard 27
County during its annual budget review until after a public 28
hearing is held by the Board of County Commiss ioners. The Board 29
of County Commissioners must hold a special public hearing 30
within the boundaries of the District. At the public hearing, 31
all owners of property in the District shall have an opportunity 32
to be heard concerning the proposed fee. 33
(c) Notice of such public hearing for the 1990 -1991 budget 34
year must be given in the manner prescribed in subsection (2) of 35
Section 16. Thereafter, notice must be given by publication in a 36
newspaper of general circulation in Brevard County at least 7 37
days before the date of the hearing. The stormwater management 38
user fee, when established, shall be deemed to be reasonable and 39
necessary to carry out the obligations, responsibilities, and 40
duties of the District. All of the proceeds of the fee are in 41
payment for the use of the District stormwater management 42
system. The fee must be established by resolution of the Board 43
of Directors and approved by a majority vote of the Board of 44
County Commissioners of Brevard County, with each County 45
Commissioner whose county commissio n residency area lies wholly 46
or partially within the District voting in the affirmative. 47
(d) The stormwater management user fee structure shall 48
have three land classifications: Residential, Agricultural, and 49
Commercial. The Board of Directors, in establi shing the annual 50
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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
fee, must use the Brevard County Land Use Code Index as the 51
basis for land classification. The annual stormwater management 52
user fee shall be levied on the parcels, as the Brevard County 53
Land Use Code Index has them designated, for that re spective 54
budget year. 55
For the 1990-1991 budget year, the residential fee may not 56
exceed $10 per acre or portion thereof, the agricultural fee may 57
not exceed $3.50 per acre or portion thereof, and the commercial 58
fee may not exceed $21 per acre or portion t hereof. 59
Thereafter, The stormwater management fee for residential 60
parcels, agricultural parcels, or commercial parcels may not be 61
more than 10 percent above the fee for the preceding year. 62
However, the maximum fee per acre or portion thereof for 63
residential parcels may not exceed $50 $25, the maximum fee per 64
acre or portion thereof for agricultural parcels may not exceed 65
$17 $8.50, and the maximum fee per acre or portion thereof for 66
commercial parcels may exceed $105 $52.50. 67
Section 2. This act shall t ake effect July 1, 2024. 68