THE BILL ITSELF
HB 1161
Big Cypress Basin
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A bill to be entitled
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An act relating to the Big Cypress Basin; amending s.
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373.0693, F.S.; revising the membership of the Big
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Cypress Basin governing board; requiring the South
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Florida Water Management District to revise the
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boundaries of the Big Cypress Basin based on a
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specified study at a specified time; removing obsolete
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language; amending s. 373.503, F.S.; requiring the
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South Florida Water Management District to ensure that
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the distribution of basin ad valorem taxes collected
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within the Big Cypress Basin be used for projects and
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flood control operations and maintenance within the
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counties in which they were collected; reenacting s.
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373.0697, F.S., relating to basin taxes, to
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incorporate the amendment made to s. 373.503, F.S., in
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a reference thereto; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (9) of section 373.0693, Florida
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Statutes, is amended to read:
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373.0693 Basins; basin boards.—
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(9) At 11:59 p.m. on December 31, 1976, a portion of the
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Big Cypress Basin of the Ridge and Lower Gulf Coast District
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which is being annexed into the South Florida Water Management
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District by change of boundaries pursuant to chapter 76-243,
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Laws of Florida, shall be formed into a subdistrict or basin of
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the South Florida Water Management District. Such portion shall
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be designated as the Big Cypress Basin. On or before December
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31, 1976, The Governor shall appoint six not fewer than five
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persons from Collier County and two persons from Lee County who
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reside within the Big Cypress Basin residing in the area to
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serve as members of the governing board of the basin, effective
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at the time of transfer and subject to confirmation by the
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Senate as provided in subsection (4).
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(a) The initial boundaries of the Big Cypress Basin shall
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be established by resolution of the governing board of Central
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and Southern Florida Flood Control District, after notice and
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hearing, and generally shall encompass the Big Cypress Swamp and
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southwestern coastal area hydrologic cataloging unit, as
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indicated on River Basin and Hydrologic Unit Map of Florida—
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1975, Florida Department of Natural Resources, Bureau of Geology
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Map Series No. 72.
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(b) At 11:59 p.m. on July 1, 2026, the governing board of
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the South Florida Water Management District shall establish the
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boundary of the Big Cypress Basin as the scientific boundary
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recommended in the Big Cypress Basin Boundary Delineation study
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that the district presented to the Legislature on January 12,
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2021, except that the new basin boundary may include only
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counties that have at least 25 percent of their jurisdictions
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delineated within the boundary.
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(b) If the governing board shall fail to establish the
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initial boundaries on or before December 31, 1976, the initial
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boundaries shall be the same boundaries as described for the Big
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Cypress Basin of the Ridge and Lower Gulf Coast District.
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(c) The governing board of the South Florida Water
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Management District subsequently may change the boundaries of
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the basin, but may not abolish the basin.
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Section 2. Paragraph (b) of subsection (3) of section
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373.503, Florida Statutes, is amended to read:
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373.503 Manner of taxation.—
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(3) The districts may levy ad valorem taxes on property
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within the district solely for the purposes of this chapter and
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of chapter 25270, 1949, Laws of Florida, as amended, and chapter
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61-691, Laws of Florida, as amended. If appropriate, taxes
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levied by each governing board may be separated by the governing
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board into a millage necessary for the purposes of the district
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and a millage necessary for financing basin functions specified
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in s. 373.0695.
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(b) The apportionment in The South Florida Water
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Management District shall ensure that:
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1. The apportionment within the district is be a maximum
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of 40 percent for district purposes and a maximum of 60 percent
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for basin purposes; and
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2. The basin ad valorem taxes levied within the counties
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that comprise the Big Cypress Basin are used for projects and
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flood control operations and maintenance within the counties in
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which such taxes were collected, respectively.
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Section 3. For the purpose of incorporating the amendment made by this act to section 373.503, Florida Statutes, in a
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reference thereto, section 373.0697, Florida Statutes, is
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reenacted to read:
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373.0697 Basin taxes.—The respective basins may, pursuant
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to s. 9(b), Art. VII of the State Constitution, by resolution
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request the governing board of the district to levy ad valorem
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taxes within such basin. Upon receipt of such request, a basin
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tax levy shall be made by the governing board of the district to
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finance basin functions enumerated in s. 373.0695,
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notwithstanding the provisions of any other general or special
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law to the contrary, and subject to the provisions of s.
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373.503(3).
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(1) The amount of money to be raised by said tax levy
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shall be determined by the adoption of an annual budget by the
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district board of governors, and the average millage for the
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basin shall be that amount required to raise the amount called
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for by the annual budget when applied to the total assessment of
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the basin as determined for county taxing purposes. However, no
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such tax shall be levied within the basin unless and until the
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annual budget and required tax levy shall have been approved by
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formal action of the basin board, and no county in the district
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shall be taxed under this provision at a rate to exceed 1 mill.
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(2) The taxes provided for in this section shall be
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extended by the county property appraiser on the county tax roll
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in each county within, or partly within, the basin and shall be
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collected by the tax collector in the same manner and time as
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county taxes, and the proceeds therefrom paid to the district
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for basin purposes. Said taxes shall be a lien, until paid, on
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the property against which assessed and enforceable in like
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manner as county taxes. The property appraisers, tax collectors,
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and clerks of the circuit court of the respective counties shall
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be entitled to compensation for services performed in connection
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with such taxes at the same rates as apply to county taxes.
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(3) It is hereby determined that the taxes authorized by
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this subsection are in proportion to the benefits to be derived
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by the several parcels of real estate within the basin from the
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works authorized herein.
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Section 4. This act shall take effect July 1, 2026.