This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0821c.ISC
DATE: 2/8/2024
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: CS/HB 821 Melbourne-Tillman Water Control District, Brevard County
SPONSOR(S): Local Administration, Federal Affairs & Special Districts Subcommittee, Altman
TIED BILLS: IDEN./SIM. BILLS: SB 1180
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special
Districts Subcommittee
15 Y, 0 N, As
CS
Mwakyanjala Darden
2) Infrastructure Strategies Committee 23 Y, 0 N Guy-Hudson Harrington
3) State Affairs Committee
SUMMARY ANALYSIS
Special districts are units of local government created for a particular purpose, with jurisdiction to operate
within a limited geographic boundary. Special districts are created by general law, special act, local ordinance,
or rule of the Governor and Cabinet. A special district has only those powers expressly provided by, or
reasonably implied from, the authority provided in the district’s charter.
The Melbourne-Tillman Water Control District (District) was created in 1986 and its charter was recodified in
2001. The District provides a water management system to prevent damage from flooding, erosion, and
excessive drainage. The District is funded by non-ad valorem user fees applied to each parcel within the
District’s boundary based on property size and use. The District’s fees must be approved by both a majority of
the entire membership of Brevard County Board of County Commissioners and the affirmative vote of each
county commissioner whose district lies wholly or partially within the District. The District’s charter provides a
limitation on both the annual rate at which the fee may increase, as well as maximum fee amount.
The bill increases the maximum stormwater management user fee the District may charge.
The Economic Impact Statement indicates that the bill will not have a fiscal impact. STORAGE NAME: h0821c.ISC PAGE: 2
DATE: 2/8/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Special Districts
A “special district” is a unit of local government created for a particular purpose, with jurisdiction to
operate within a limited geographic boundary.
1
Special districts are created by general law, special act,
local ordinance, or rule of the Governor and Cabinet.
2
A special district has only those powers
expressly provided by, or reasonably implied from, the authority provided in the district’s charter.
Special districts provide specific municipal services in addition to, or in place of, those provided by a
municipality or county.
3
Special districts are funded through the imposition of ad valorem taxes, fees, or
charges on the users of those services as authorized by law.
4
Special districts may be classified as dependent or independent based on their relationship with local
general-purpose governments. A special district is classified as “dependent” if the governing body of a
single county or municipality:
Serves as governing body of the district;
Appoints the governing body of the district;
May remove members of the district’s governing body at-will during their unexpired terms; or
Approves or can veto the budget of the district.
5
A district is classified as “independent” if it does not meet any of the above criteria or is located in more
than one county, unless the district lies entirely within the boundaries of single municipality.
6
Special districts do not possess “home rule” powers and may impose only those taxes, assessments,
or fees authorized by special or general law. The special act creating an independent special district
may provide for funding from a variety of sources while prohibiting others. For example, ad valorem tax
authority is not mandatory for a special district.
7
Water Control Districts
Chapter 298, F.S., governs the creation and operation of water control districts (WCD). A WCD has
authority and responsibility to construct, complete, operate, maintain, repair, and replace any and all
works and improvements necessary to execute the water control plan adopted by that district.
8
A WCD
may build and construct any other works and improvements deemed necessary to preserve and
maintain the works in or out of said district. A WCD also may acquire, construct, operate, maintain, use,
purchase, sell, lease, convey, or transfer real or personal property, including pumping stations,
pumping machinery, motive equipment, electric lines and all appurtenant or auxiliary machines,
devices, or equipment.
9
As of January 18, 2024, there were 82 active water control districts.
10
1
See Halifax Hospital Medical Center v. State of Fla., et al., 278 So. 3d 545, 547 (Fla. 2019).
2
See ss. 189.02(1), 189.031(3), and. 190.005(1), F.S. See generally s. 189.012(6), F.S.
3
Local Administration, Federal Affairs & Special Districts Subcommittee, The Local Government Formation Manual, 62, available at
https://myfloridahouse.gov/Sections/Committees/committeesdetail.aspx?CommitteeId=3227 (last visited Jan. 14, 2024).
4
The method of financing a district must be stated in its charter. Ss. 189.02(4)(g), 189.031(3), F.S. Independent special districts may be
authorized to impose ad valorem taxes as well as non-ad valorem special assessments in the special acts comprising their charters.
See, e.g., ch. 2023-335, s. 6 of s. 1, Laws of Fla. (East River Ranch Stewardship District). See also, e.g., ss. 190.021 (community
development districts), 191.009 (independent fire control districts), 197.3631 (non-ad valorem assessments), 298.305 (water control
districts), 388.221 (mosquito control), ch. 2004-397, s. 27 of s. 3, Laws of Fla. (South Broward Hospital District).
5
S. 189.012(2), F.S.
6
S. 189.012(3), F.S.
7
See, e.g., ch. 2006-354, Laws of Fla. (Argyle Fire District may impose special assessments, but has no ad valorem tax authority).
8
S. 298.22, F.S.
9
S. 298.22(3), F.S.
10
Dept. of Commerce, Special District Accountability Program, Official List of Special Districts, available at
https://specialdistrictreports.floridajobs.org/OfficialList/CustomList (last visited Jan. 18, 2024). STORAGE NAME: h0821c.ISC PAGE: 3
DATE: 2/8/2024
Prior to July 1, 1980, WCDs were created by the submission of a petition signed by a majority of the
landowners in the area of the proposed district to the circuit court that had jurisdiction over the area.
11
Today, WCDs may be created only by special act or by county ordinance.
12
Most WCDs are governed by a three-member board composed of landowners within the district who
are also residents of the county where the district is located.
13
Landowners vote for the governing board
of the district on a one-acre/one-vote basis, with the three persons receiving the highest number of
votes elected in the initial election.
14
Landowners may vote in person or by a signed proxy statement.
The landowners at the initial election determine the length of the term of office for the initial board,
selecting one member to serve a one-, two-, or three-year term, respectively. All members
subsequently elected serve a three-year term, with one member of the board elected by the
landowners each year.
15
Melbourne-Tillman Water Control District
The Melbourne-Tillman Water Control District (District) is a dependent special district created in 1986.
16
The District charter was recodified in 2001.
17
The District provides a water management system to
prevent damage from flooding, erosion, and excessive drainage.
18
The District contains 100 square
miles within its boundaries, and owns and maintains over 2,300 acres of canal rights-of-way in 163
miles of canals.
19
The District is governed by a seven-member board of directors, comprised of three members appointed
by the Brevard County Board of County Commissioners, three members appointed by the City of Palm
Bay City Council, and one member appointed by the City of West Melbourne City Council.
20
The District is funded by non-ad valorem user fees applied to each parcel within the District’s boundary
based on property size and use.
21
The District’s charter provided an initial stormwater management fee
rate structure per acre or portion thereof for the 1990-91 budget year:
Residential - $10.
Agricultural - $3.50.
Commercial - $8.50.
22
The District’s charter limits any annual increase in the stormwater management fee to ten percent of
the prior year’s fee for that type of parcel. Additionally, the charter provides a maximum stormwater
management user fee per acre or portion thereof as follows:
Residential – $25.
Agricultural – $8.50.
Commercial – $52.50.
23
11
See s. 298.01, F.S. (authorizing “water control districts established prior to July 1, 1980, pursuant to the process formerly contained
in this section and former ss. 298.02 and 298.03, may continue to operate as outlined in this chapter.”) See also s. 298.01, F.S. (1980)
and ch. 79-5, ss. 1-3, Laws of Fla. Originally, the Board of Drainage Commissioners for the State also had authority to prepare and file
a petition to form a drainage district. See ch. 6458, s. 1, Laws of Fla. (1913).
12
S. 289.01, F.S.
13
S. 298.11(1), F.S.
14
S. 298.11(2), F.S. Landowners who own less than one acre receive one vote, while landowners who own more than one acre are
entitled to additional votes for any fraction of an acre greater than one-half owned in addition to votes equal to the number of whole
acres owned.
15
S. 298.12(1), F.S.
16
Ch. 86-418, Laws of Fla.
17
Ch. 2001-336, Laws of Fla. Ch. 2001-336, s. 3, Laws of Fla., amended by chs. 2003-334, 2010-253, and 2019-175, Laws of Fla.,
contain the charter of the district (hereinafter District Charter)
18
Melbourne-Tillman Water Control District, District Overview, http://www.melbournetillman.org/ (last visited Jan. 18, 2024).
19
Id.
20
District Charter, s. 4.
21
See Melbourne-Tillman Water Control District, FY 2023-2024 Budget, https://melbournetillman.org/wp-
content/uploads/2023/09/Amended-Budget-FY-2023-2024.pdf (last visited Jan. 18, 2024).
22
District Charter, s. 8(12)(d).
23
Id. STORAGE NAME: h0821c.ISC PAGE: 4
DATE: 2/8/2024
The stormwater management fee levied by the District must be approved the Brevard County Board of
County Commissioners after conducting a special public hearing within the boundaries of the District.
24
Approval of the fee requires both a majority vote of all members of the Brevard County Board of County
Commissioners and an affirmative vote from each county commissioner whose district lies wholly or
partially within the District.
25
Effect of the Bill
The bill removes obsolete language from the District’s charter pertaining to initial stormwater
management fees levied for the 1990-91 budget year. The bill also increases the maximum stormwater
management user fee per acre or portion thereof the District may charge. The bill increases the fee
maximums to:
Residential – $50.
Agricultural – $17.
Commercial – $105.
The Economic Impact Statement indicates that the bill will not have a fiscal impact.
B. SECTION DIRECTORY:
Section 1: Amends ch. 2001-336, Laws of Fla., as amended by chs. 2003-334, 2010-253, and
2019-175, Laws of Fla., relating to the Melbourne-Tillman Water Control District.
Section 2: Provides an effective date of July 1, 2024.
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [X] No []
IF YES, WHEN? November 8, 2023.
WHERE? The Florida Today, a newspaper of general circulation in Brevard County.
B. REFERENDUM(S) REQUIRED? Yes [] No [X]
IF YES, WHEN?
C. LOCAL BILL CERTIFICATION FILED? Yes [X] No []
D. ECONOMIC IMPACT STATEMENT FILED? Yes [X] No []
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
None.
B. RULE-MAKING AUTHORITY:
The bill does not provide rulemaking authority or require executive branch rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
24
District Charter, s. 8(12)(b).
25
District Charter, s. 8(12)(c) STORAGE NAME: h0821c.ISC PAGE: 5
DATE: 2/8/2024
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 25, 2024, the Local Administration, Federal Affairs & Special Districts Subcommittee adopted
an amendment and reported the bill favorably as a committee substitute. The amendment changed the
effective date from upon becoming a law to July 1, 2024.
The analysis is drafted to the committee substitute as approved by the Local Administration, Federal Affairs
& Special Districts Subcommittee.