Florida 2021 Regular Session Status: Passed House 1 R cosponsors

HB 367 — Construction and Maintenance of Water Systems

Last action — Died in Appropriations, companion bill(s) passed, see CS/CS/CS/HB 53 (Ch. 2021-194), CS/CS/SB 1954 (Ch. 2021-28)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Construction and Maintenance of Water Systems; Provides requirements for independent special districts that choose to exercise certain powers; provides exception for certain entities to construct or maintain water supply or sewage disposal systems; requires OEDR to include an analysis of certain expenditures in its annual assessment; requires counties, municipalities, & special districts that provide wastewater services & stormwater management to develop needs analysis that includes certain information by specified date & submit such analyses to certain county; requires county to file certain compiled documents with coordinator of OEDR & Secretary of Environmental Protection by specified date; provides determination & declaration of important state interest.

Bill Text

What changed in the latest version

109 added · 284 removed

109 line(s) added, 284 removed.

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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 CS/CS/HB 367 2021 A bill to be entitled An act relating to construction and maintenance of water systems;
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 CS/HB 367 2021 A bill to be entitled An act relating to construction and maintenance of water supply and sewage disposal systems by counties and independent special districts;
153.04, F.S.;
153.04;
amending s.
403.928, F.S.;
requiring the Office of Economic and Demographic Research to include an analysis of certain expenditures in its annual assessment;
creating s.
403.9301, F.S.;
providing definitions;
requiring counties, municipalities, and special districts that provide wastewater services to develop a needs analysis that includes certain information by a specified date;
requiring municipalities and special districts to submit such analyses to a certain county;
requiring the county to file a compiled document with the coordinator of the Office of Economic and Demographic Research by a specified date;
requiring the office to evaluate the document and include an analysis in its annual assessment;
creating s.
403.9302, F.S.;
providing definitions;
requiring counties, municipalities, and special districts that provide stormwater management to develop a needs analysis that includes certain Page 1 of 11 CODING:
Words stricken are deletions;
words underlined are additions.
hb0367-02-c2 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 CS/CS/HB 367 2021 information by a specified date;
requiring municipalities and special districts to submit such analyses to a certain county;
requiring the county to file a compiled document with the Secretary of Environmental Protection and the coordinator of the Office of Economic and Demographic Research by a specified date;
requiring the office to evaluate the document and include an analysis in its annual assessment;
providing a determination and declaration of important state interest;
153.04 Construction of water supply systems, water system improvements, sewage disposal systems, and sewer improvements.— (1) Whenever a the county commission of any of the several counties of the state by resolution chooses to exercise the powers granted by this chapter, or the governing board of an independent special district chooses to exercise the powers granted in the charter of the special district that are coextensive with the powers granted by this chapter, it shall make or cause to be made such surveys, investigations, studies, Page 2 of 11 CODING:
153.04 Construction of water supply systems, water system improvements, sewage disposal systems, and sewer improvements.— (1) Whenever a the county commission of any of the several counties of the state by resolution chooses to exercise the powers granted by this chapter, or the governing board of an independent special district chooses to exercise the powers granted in the charter of the special district that are coextensive with the powers granted by this chapter, it shall make or cause to be made such surveys, investigations, studies, borings, maps, plans, drawings, and estimates of costs and of revenues as it deems may deem necessary to prepare or have Page 1 of 4 CODING:
hb0367-02-c2 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 CS/CS/HB 367 2021 borings, maps, plans, drawings, and estimates of costs and of revenues as it deems may deem necessary to prepare or have prepared so that the such county commission, or the county commission for each county in which the independent special district is exercising the authority of this section, has shall have available to it a comprehensive study and report.
hb0367-01-c1 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 CS/HB 367 2021 prepared so that the such county commission, or the county commission for each county in which the independent special district is exercising the authority of this section, has shall have available to it a comprehensive study and report.
2.(2)(a) The type of treatment and estimate of cost of each sewage disposal plant or system, the purchase, or construction of which is shall be deemed by the county commission or governing board of the independent special Page 3 of 11 CODING:
2.(2)(a) The type of treatment and estimate of cost of each sewage disposal plant or system, the purchase, or construction of which is shall be deemed by the county commission or governing board of the independent special district to be desirable and feasible, together with the location thereof and of each integral part, and also setting Page 2 of 4 CODING:
hb0367-02-c2 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 CS/CS/HB 367 2021 district to be desirable and feasible, together with the location thereof and of each integral part, and also setting forth what sewer improvements, if any, are deemed it deems necessary to purchase or construct to protect the health of the inhabitants of the county or independent special district, as applicable, together with the location by terminal points and route of each such improvement, a description thereof by its material, nature, character, and size and an estimate of the cost of its purchase or construction.
hb0367-01-c1 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 CS/HB 367 2021 forth what sewer improvements, if any, are deemed it deems necessary to purchase or construct to protect the health of the inhabitants of the county or independent special district, as applicable, together with the location by terminal points and route of each such improvement, a description thereof by its material, nature, character, and size and an estimate of the cost of its purchase or construction.
(c) The obtaining of such surveys, investigations, studies, borings, maps, plans, drawings, and estimates pursuant Page 4 of 11 CODING:
(c) The obtaining of such surveys, investigations, studies, borings, maps, plans, drawings, and estimates pursuant to this subsection serves is hereby declared to be a public county purpose and the costs thereof may be paid out of the Page 3 of 4 CODING:
hb0367-02-c2 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 CS/CS/HB 367 2021 to this subsection serves is hereby declared to be a public county purpose and the costs thereof may be paid out of the general funds of the county or independent special district.
hb0367-01-c1 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 CS/HB 367 2021 general funds of the county or independent special district.
253.77, provided that the county or independent special district completes the requirements of subsection (1).
253.77, provided that the county or independent special district utility completes the requirements of subsection (1).
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Section 2.
Words stricken are deletions;
words underlined are additions.
hb0367-02-c2 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 CS/CS/HB 367 2021 Section 2.
Paragraph (e) is added to subsection (1) of section 403.928, Florida Statutes, to read:
403.928 Assessment of water resources and conservation lands.—The Office of Economic and Demographic Research shall conduct an annual assessment of Florida's water resources and conservation lands.
(1) WATER RESOURCES.—The assessment must include all of the following:
(e) Beginning with the assessment due January 1, 2022, an analysis of the expenditures necessary to repair, replace, and expand water-related infrastructure.
As part of this analysis, the office shall periodically survey public and private utilities.
Section 3.
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Section 403.9301, Florida Statutes, is created to read:
403.9301 Wastewater services projections.— (1) The Legislature intends for each county, municipality, or special district providing wastewater services to create a 20-year needs analysis.
(2) As used in this section, the term:
(a) "Domestic wastewater" has the same meaning as provided in s.
367.021.
(b) "Facility" means any equipment, structure, or other property, including sewerage systems and treatment works, used to provide wastewater services.
Page 6 of 11 CODING:
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words underlined are additions.
hb0367-02-c2 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 CS/CS/HB 367 2021 (c) "Treatment works" has the same meaning as provided in s.
403.031(11).
(d) "Wastewater services" means service to a sewerage system, as defined in s.
403.031(9), or service to domestic wastewater treatment works.
(3) By June 30, 2022, and every 5 years thereafter, each county, municipality, or special district providing wastewater services shall develop a needs analysis for its jurisdiction over the subsequent 20 years.
In projecting such needs, each local government shall include the following:
(a) A detailed description of the facilities used to provide wastewater services.
(b) The number of current and projected connections and residents served calculated in 5-year increments.
(c) The current and projected service area for wastewater services.
(d) The current and projected cost of providing wastewater services calculated in 5-year increments.
(e) The estimated remaining useful life of each facility or its major components.
(f) The most recent 5-year history of annual contributions to, expenditures from, and balances of any capital account for maintenance or expansion of any facility or its major components.
(g) The local government's plan to fund the maintenance or Page 7 of 11 CODING:
Words stricken are deletions;
words underlined are additions.
hb0367-02-c2 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 CS/CS/HB 367 2021 expansion of any facility or its major components.
The plan must include historical and estimated future revenues and expenditures with an evaluation of how the local government expects to close any projected funding gap.
(4) Upon completing the requirements of subsection (3), each municipality or special district shall submit its needs analysis, as well as the methodology and any supporting data necessary to interpret the results, to the county within which the largest portion of its service area is located.
Each county shall compile all analyses submitted to it under this subsection into a single document and include its own analysis in the document.
The county shall file the compiled document with the coordinator of the Office of Economic and Demographic Research no later than July 31, 2022, and every 5 years thereafter.
(5) The Office of Economic and Demographic Research shall evaluate the compiled documents from the counties for the purpose of developing a statewide analysis for inclusion in the assessment due January 1, 2023, pursuant to s.
403.928.
Section 4.
Section 403.9302, Florida Statutes, is created to read:
403.9302 Stormwater management projections.— (1) The Legislature intends for each county, municipality, or special district providing a stormwater management program or stormwater management system to create a 20-year needs analysis.
(2) As used in this section, the term:
Page 8 of 11 CODING:
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words underlined are additions.
hb0367-02-c2 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 CS/CS/HB 367 2021 (a) "Facility" means any equipment, structure, or other property, including conveyance systems, used or useful in connection with providing a stormwater management program or stormwater management system.
(b) "Stormwater management program" has the same meaning as provided in s.
403.031(15).
(c) "Stormwater management system" has the same meaning as provided in s.
403.031(16).
(3) By June 30, 2022, and every 5 years thereafter, each county, municipality, or special district providing a stormwater management program or stormwater management system shall develop a needs analysis for its jurisdiction over the subsequent 20 years.
In projecting such needs, each local government shall include the following:
(a) A detailed description of the stormwater management program or stormwater management system and its facilities and projects.
(b) The number of current and projected residents served calculated in 5-year increments.
(c) The current and projected service area for the stormwater management program or stormwater management system.
(d) The current and projected cost of providing services calculated in 5-year increments.
(e) The estimated remaining useful life of each facility or its major components.
Page 9 of 11 CODING:
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words underlined are additions.
hb0367-02-c2 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 CS/CS/HB 367 2021 (f) The most recent 5-year history of annual contributions to, expenditures from, and balances of any capital account for maintenance or expansion of any facility or its major components.
(g) The local government's plan to fund the maintenance or expansion of any facility or its major components.
The plan must include historical and estimated future revenues and expenditures with an evaluation of how the local government expects to close any projected funding gap.
(4) Upon completing the requirements of subsection (3), each municipality or special district shall submit its needs analysis, as well as the methodology and any supporting data necessary to interpret the results, to the county within which the largest portion of its stormwater management program or stormwater management system is located.
Each county shall compile all analyses submitted to it under this subsection into a single document and include its own analysis in the document.
The county shall file the compiled document with the Secretary of Environmental Protection and the coordinator of the Office of Economic and Demographic Research no later than July 31, 2022, and every 5 years thereafter.
(5) The Office of Economic and Demographic Research shall evaluate the compiled documents from the counties for the purpose of developing a statewide analysis for inclusion in the assessment due January 1, 2023, pursuant to s.
403.928.
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hb0367-02-c2 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 CS/CS/HB 367 2021 Section 5.
The Legislature determines and declares that this act fulfills an important state interest.
Section 6.
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hb0367-02-c2
hb0367-01-c1
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Action History

  1. Died in Appropriations, companion bill(s) passed, see CS/CS/CS/HB 53 (Ch. 2021-194), CS/CS/SB 1954 (Ch. 2021-28)

  2. Received

  3. Referred to Appropriations

  4. Message sent to senate

  5. In Messages

  6. CS passed; YEAS 116, NAYS 0

  7. Read 3rd time

  8. Added to Third Reading Calendar

  9. Placed on 3rd reading

  10. Read 2nd time

  11. 1st Reading (Committee Substitute 2)

  12. Bill added to Special Order Calendar (4/20/2021)

  13. Bill referred to House Calendar

  14. CS Filed

  15. Laid on Table under Rule 7.18(a)

  16. Reported out of State Affairs Committee

  17. Favorable with CS by State Affairs Committee

  18. PCS added to State Affairs Committee agenda

  19. Now in State Affairs Committee

  20. Reported out of Local Administration & Veterans Affairs Subcommittee

  21. Favorable by Local Administration & Veterans Affairs Subcommittee

  22. Added to Local Administration & Veterans Affairs Subcommittee agenda

  23. Now in Local Administration & Veterans Affairs Subcommittee

  24. Referred to State Affairs Committee

  25. Referred to Local Administration & Veterans Affairs Subcommittee

  26. 1st Reading (Committee Substitute 1)

  27. CS Filed

  28. Laid on Table under Rule 7.18(a)

  29. Reported out of Environment, Agriculture & Flooding Subcommittee

  30. Favorable with CS by Environment, Agriculture & Flooding Subcommittee

  31. PCS added to Environment, Agriculture & Flooding Subcommittee agenda

  32. 1st Reading (Original Filed Version)

  33. Now in Environment, Agriculture & Flooding Subcommittee

  34. Referred to State Affairs Committee

  35. Referred to Local Administration & Veterans Affairs Subcommittee

  36. Referred to Environment, Agriculture & Flooding Subcommittee

  37. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage, Third Reading

Passed 116 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 53001
Republican 44002
Democrat 19001
Total 116004
% of votes cast 97%0%0%3%
How each member voted (120)
Member Party Vote
Alexander — Yea
Aloupis — Yea
Geller — Yea
Altman — Yea
Goff-Marcil — Yea
Renner — Yea
Grant — Yea
Roach — Yea
Bell — Yea
Grieco — Yea
Beltran — Yea
Hage — Yea
Benjamin — Yea
Harding — Yea
Hardy — Yea
Rommel — Yea
Roth — Yea
Hawkins — Yea
Sabatini — Yea
Brown — Yea
Ingoglia — Yea
Silvers — Yea
Jenne — Yea
Bush — Yea
Byrd — Yea
Killebrew — Yea
Slosberg — Yea
Caruso — Yea
Casello — Yea
Latvala — Yea
Learned — Yea
Sprowls — Yea
Clemons — Yea
Stevenson — Yea
Diamond — Yea
Mariano — Yea
Toledo — Yea
Tomkow — Yea
Drake — Yea
DuBose — Yea
McCurdy — Yea
Duran — Yea
Willhite — Yea
Morales — Yea
Williams — Yea
Fernandez-Barquin — Yea
Williamson — Yea
Fetterhoff — Yea
Fine — Yea
Fischer — Yea
Payne — Yea
Zika — Yea
Omphroy — Not Voting
Thompson, Geraldine F. "Geri" — Yea
Arrington, Kristen Aston Democrat Yea
Bartleman, Robin Democrat Yea
Chambliss, Kevin D. Democrat Yea
Daley, Dan Democrat Yea
Davis, Tracie Democrat Yea
Driskell, Fentrice Democrat Yea
Eskamani, Dr. Anna V. Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Yea
Hinson, Yvonne Hayes Democrat Yea
Hunschofsky, Christine Democrat Yea
Joseph, Dotie Democrat Yea
Nixon, Angela "Angie" Democrat Yea
Rayner, Michele K. Democrat Yea
Robinson, Felicia Simone Democrat Yea
Skidmore, Kelly Democrat Not Voting
Smith, Carlos Guillermo Democrat Yea
Tant, Allison Democrat Yea
Woodson, Marie Paule Democrat Yea
Andrade, Robert Alexander "Alex" Republican Yea
Barnaby, Webster Republican Yea
Borrero, David Republican Yea
Botana, Adam Republican Yea
Brannan III, Robert Charles "Chuck" Republican Not Voting
Buchanan, James Republican Yea
Burton, Colleen Republican Yea
Busatta, Demi Republican Yea
Chaney, Linda Republican Yea
DiCeglie, Nick Republican Yea
Duggan, Wyman Republican Yea
Fabricio, Tom Republican Yea
Garrison, Sam Republican Yea
Giallombardo, Mike Republican Yea
Grall, Erin Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
McFarland, Fiona Republican Yea
Melo, Lauren Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Rodriguez, Ana Maria Republican Yea
Salzman, Michelle Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea
Trabulsy, Dana Republican Yea
Truenow, Keith L. Republican Yea
Trumbull, Jay Republican Not Voting
Tuck, Kaylee Republican Yea
Vacant Republican Yea
Valdés, Susan L. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Favorable (State Affairs Committee)

Passed 19 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 6004
Democrat 7000
Republican 6002
Total 19006
% of votes cast 76%0%0%24%
How each member voted (25)
Member Party Vote
Altman — Yea
Drake — Not Voting
Fischer — Not Voting
Goff-Marcil — Not Voting
Hardy — Yea
Payne — Yea
Roth — Not Voting
Stevenson — Yea
Toledo — Yea
Zika — Yea
Bartleman, Robin Democrat Yea
Chambliss, Kevin D. Democrat Yea
Hinson, Yvonne Hayes Democrat Yea
Joseph, Dotie Democrat Yea
Nixon, Angela "Angie" Democrat Yea
Smith, Carlos Guillermo Democrat Yea
Woodson, Marie Paule Democrat Yea
Buchanan, James Republican Not Voting
Chaney, Linda Republican Not Voting
Giallombardo, Mike Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McFarland, Fiona Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Smith, David Republican Yea

Official roll call →

Favorable (Local Administration & Veterans Affairs Subcommittee)

Passed 17 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 9000
Democrat 3001
Unaffiliated 5000
Total 17001
% of votes cast 94%0%0%6%
How each member voted (18)
Member Party Vote
Benjamin — Yea
Goff-Marcil — Yea
Harding — Yea
Sabatini — Yea
Toledo — Yea
Bartleman, Robin Democrat Yea
Daley, Dan Democrat Yea
Joseph, Dotie Democrat Not Voting
Woodson, Marie Paule Democrat Yea
Barnaby, Webster Republican Yea
DiCeglie, Nick Republican Yea
Giallombardo, Mike Republican Yea
Melo, Lauren Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Persons-Mulicka, Jenna Republican Yea
Salzman, Michelle Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea

Official roll call →

Favorable (Environment, Agriculture & Flooding Subcommittee)

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Republican 9000
Democrat 2000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Alexander — Yea
Aloupis — Yea
Diamond — Yea
Fine — Yea
Hardy — Yea
Omphroy — Yea
Tomkow — Yea
Daley, Dan Democrat Yea
Hunschofsky, Christine Democrat Yea
Buchanan, James Republican Yea
Busatta, Demi Republican Yea
Chaney, Linda Republican Yea
LaMarca, Chip Republican Yea
McFarland, Fiona Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Smith, David Republican Yea
Truenow, Keith L. Republican Yea

Official roll call →

Subjects

environment
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Frequently asked questions

What does HB 367 do?
Construction and Maintenance of Water Systems; Provides requirements for independent special districts that choose to exercise certain powers; provides exception for certain entities to construct or maintain water supply or sewage disposal systems; requires OEDR to include an analysis of certain expenditures in its annual assessment; requires counties, municipalities, & special districts that provide wastewater services & stormwater management to develop needs analysis that includes certain information by specified date & submit such analyses to certain county; requires county to file certain compiled documents with coordinator of OEDR & Secretary of Environmental Protection by specified date; provides determination & declaration of important state interest.
Who sponsors HB 367?
HB 367 is sponsored by Mooney Jr., James Vernon "Jim" (Republican).
What is the current status of HB 367?
This bill died with 2021 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 367?
Track HB 367 free on One Click Politics — get push/email alerts when it moves.

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