HB 1075 — CS/CS/HB 1075: Utilities

163.01(3)(2) withAny private company or corporation organized to accomplish the countypurposes of set forth in this chapter that, which has been granted a privilege or franchise by a municipality to operate utility services, may allow a municipality or property owner permit the owners or association of owners of lots or lands outside of the boundaries of the granting said municipality providesgranting suchsaid privilege or franchise, or other municipality, to connect with and use the utility services ifoperated allby the said private company or corporation upon such terms as may be agreed between the said private company or corporation and the owners or association of owners of said lots or lands or the followingsaid conditionsmunicipality areor met:property owner.

1.(4) This section does not prohibit a municipality from imposing reasonable impact fees, connection fees, or infrastructure contributions necessary to fund system expansion required for a new connection.

TheSection county2. has designated an area located outside such municipal boundaries but within the county as an economic development zone.

2.Subsections (6), (7), and (8) of section Page 5 of 12 CODING:

The economic development zone is located entirely or partially within the municipal utility's service area.

3.

The economic development zone is geographically surrounded by unincorporated area of the county, except that a portion of the boundary of such zone may abut the municipal boundary of the municipality.

(b) The interlocal agreement must address the provision of water and wastewater services to the entire economic development zone to ensure, to the maximum extent practicable, the provision Page 6 of 15 CODING:

hb1075-02-c2hb1075-01-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/CS/HBCS/HB 1075 2026 of425.09, safe,Florida efficient,Statutes, are renumbered as subsections (7), (8), and sufficient(9), servicesrespectively, tosubsection meet(5) currentand present subsection (6) are amended, and forecasteda needsnew ofsubsection the(6) economicis developmentadded zone.to that section, to read:

The425.09 agreementMembers.— must,(5) atExcept as hereinafter otherwise provided, written or printed notice stating the time and place of each meeting of members, and in the case of a minimum:special meeting the purpose or purposes for which the meeting is called, must shall be given to each member, either personally, or by mail, or by e-mail, not less than 10 days or nor more than 45 days before the date of the meeting.

1.

Define service and maintenance responsibilities for facilities and infrastructure required to provide such services, including all necessary supporting infrastructure.

2.

Establish and define responsibilities for capacity planning, infrastructure expansion, and cost allocation for the investments needed to provide such services.

3.

Provide timelines and permitting procedures to ensure the timely and reliable delivery of such services.

4.

Include procedures for amending the agreement and for dispute resolution to prevent unreasonable delay in the provision of such services.

(c) The interlocal agreement must be executed by July 1, 2027, or within 12 months after the designation of the economic development zone, whichever occurs later.

(d) An extension of utility services made pursuant to an interlocal agreement under this subsection is not subject to any other provision of this section related to the establishment of a new agreement for the extension of services.

(5) This section does not prohibit a municipality from imposing reasonable impact fees, connection fees, or infrastructure contributions necessary to fund system expansion required for a new connection.

Page 7 of 15 CODING:

Words stricken are deletions;

words underlined are additions.

hb1075-02-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 1075 2026 Section 2.

Section 166.0487, Florida Statutes, is created to read:

166.0487 Limitation on municipal regulation of wastewater utility infrastructure on property owned by another political subdivision.- (1) As used in this section:

(a) "Wastewater utility infrastructure" includes wastewater treatment plants, lift stations, vacuum stations, pump stations, and appurtenances.

(b) "Wastewater utility upgrade project" means a project to improve the operation or efficiency or expand the capacity of existing wastewater utility infrastructure in a manner intended, in whole or in part, to prevent or reduce pollution.

(2) A municipality may not apply a comprehensive plan amendment or a land use regulation, including, but not limited to, a land development regulation, setback requirement, lot size requirement, or use restriction, to a wastewater utility upgrade project proposed by another political subdivision that owns the property on which the infrastructure is located if all of the following conditions are met:

(a) The existing wastewater utility infrastructure is located within the municipal boundaries of the municipality applying the land use regulation.

(b) The land use regulation is more burdensome or restrictive than the regulations that applied at the time the Page 8 of 15 CODING:

Words stricken are deletions;

words underlined are additions.

hb1075-02-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 1075 2026 infrastructure was originally installed and would prevent, hinder, obstruct, or increase the cost of the proposed wastewater utility upgrade project.

(c) The wastewater utility infrastructure is owned or operated by:

1.

The political subdivision that owns the property;

2.

A private firm operating under a wastewater facility privatization contract as provided in part III of chapter 153;

or 3.

A private company operating under a franchise granted by a municipality as provided in chapter 180.

(3) The prohibition under subsection (2) does not apply to any property that:

(a) Does not have any wastewater utility infrastructure installed at the time the land use regulation is adopted by the municipality.

(b) Would be acquired or developed for wastewater utility purposes by another political subdivision as part of the proposed wastewater utility upgrade project.

Section 3.

Subsections (6), (7), and (8) of section 425.09, Florida Statutes, are renumbered as subsections (7), (8), and (9), respectively, subsection (5) and present subsection (6) are amended, and a new subsection (6) is added to that section, to read:

425.09 Members.— Page 9 of 15 CODING:

Words stricken are deletions;

words underlined are additions.

hb1075-02-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 1075 2026 (5) Except as hereinafter otherwise provided, written or printed notice stating the time and place of each meeting of members, and in the case of a special meeting the purpose or purposes for which the meeting is called, must shall be given to each member, either personally, or by mail, or by e-mail, not less than 10 days or nor more than 45 days before the date of the meeting.

(7)(6) Effective January 1, 2027, 5 One percent of all members, present in person, constitutes shall constitute a quorum for the transaction of business at all meetings of the members, except that a quorum shall be 10 percent of all members present in person at any meeting at which an election of Page 106 of 1512 CODING:

hb1075-02-c2hb1075-01-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/CS/HBCS/HB 1075 2026 (7)(6) Effective January 1, 2027, 5 One percent of all members, present in person, constitutes shall constitute a quorum for the transaction of business at all meetings of the members, except that a quorum shall be 25 percent of all members present in person at any meeting at which an election of trustees or successors to trustees will be held.

Section 4.3.

Subsections (4), (5), and (6) of subsection (1) of section 425.10, Florida Statutes, are renumbered as subsections (5), (6), and (7), respectively, subsection (1) is amended,Page and7 aof new12 subsectionCODING: (4) is added to that section, to read:

425.10 Board of trustees.— (1) The business and affairs of a cooperative shall be managed by a board of not less than five trustees, each of whom Page 11 of 15 CODING:

hb1075-02-c2hb1075-01-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/CS/HBCS/HB 1075 2026 shallamended, beand a membernew ofsubsection the(4) cooperativeis oradded ofto anotherthat cooperativesection, whichto shallread: be a member thereof.

425.10 Board of trustees.— (1) The business and affairs of a cooperative shall be managed by a board of not less than five trustees, each of whom shall be a member of the cooperative or of another cooperative which shall be a member thereof.

The bylaws may, however, provide that a fixed fee and expenses of attendance, if any, may bePage allowed8 to each trustee for attendance at each meeting of the12 boardCODING: of trustees and that such may be allowed for the performance of other cooperative business, provided it has prior approval of the board of trustees.

Page 12 of 15 CODING:

hb1075-02-c2hb1075-01-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/CS/HBCS/HB 1075 2026 (4)(a)be Forallowed to each meetingtrustee offor membersattendance at whicheach anmeeting electionof forthe trusteesboard orof successorstrustees toand trusteesthat issuch tomay be conducted,allowed afor cooperativethe mustperformance appointof oneother orcooperative morebusiness, inspectorsprovided toit carryhas outprior theapproval dutiesof underthe paragraphboard (b).of trustees.

(4)(a) For each meeting of members at which an election for trustees or successors to trustees is to be conducted, a cooperative must appoint one or more inspectors to carry out the duties under paragraph (b).

Section 5.4.

425.31 Electronic voting.— (1) A cooperative may conduct elections and other membership votes through an Internet-based online voting system ifPage a9 member consents, electronically or in writing, to online voting and if all of the12 followingCODING: requirements are met:

Words stricken are deletions;

words underlined are additions.

hb1075-01-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 1075 2026 if a member consents, electronically or in writing, to online voting and if all of the following requirements are met:

Page2. 13 of 15 CODING:

Words stricken are deletions;

words underlined are additions.

hb1075-02-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 1075 2026 2.

(2) A member voting electronically pursuant to this section must be counted as being in attendance at the meeting forPage purposes10 of determining12 aCODING: quorum.

A substantive vote of the members may not be taken on any issue other than the issues specifically identified in the electronic vote when a quorum is established based on members voting electronically pursuant to this section.

Page 14 of 15 CODING:

hb1075-02-c2hb1075-01-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/CS/HBCS/HB 1075 2026 (3) This section applies to a cooperative that provides for andpurposes authorizesof andetermining online voting system pursuant to this section by a resolutionquorum. of the board of trustees.

A substantive vote of the members may not be taken on any issue other than the issues specifically identified in the electronic vote when a quorum is established based on members voting electronically pursuant to this section.

(3) This section applies to a cooperative that provides for and authorizes an online voting system pursuant to this section by a resolution of the board of trustees.

(6) If at least 25 percent of the members of a cooperative petition the board of trustees to adopt a resolution for electronic voting for the next scheduled election, the board of trusteesPage must11 hold a meeting within 21 days after receipt of the12 petitionCODING: to adopt such resolution.

Words stricken are deletions;

words underlined are additions.

hb1075-01-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 1075 2026 trustees must hold a meeting within 21 days after receipt of the petition to adopt such resolution.

Section 6.4.

Page 1512 of 1512 CODING:

hb1075-02-c2hb1075-01-c1