THE BILL ITSELF
HB 4015
Melbourne-Tillman Water Control District, Brevard County
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A bill to be entitled
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An act relating to the Melbourne-Tillman Water Control
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District, Brevard County; amending chapter 2001-336,
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Laws of Florida, as amended; removing obsolete
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language; revising stormwater management user fees and
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annual adjustments for residential, agricultural, and
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commercial parcels of land; providing an effective
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date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (12) of section 8 of section 3 of
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chapter 2001-336, Laws of Florida, as amended, is amended to
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read:
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Section 8. Powers given the Board to effect a surface
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water management system within District boundaries.—In order to
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responsibly, efficiently, and effectively secure, operate, and
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maintain an adequate, dependable surface water management
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system, the Board of Directors, consistent with and supportive
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of the state water policy, the state water use plan, the state
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land development plan, and the regional policy plan, shall:
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(12)(a) Levy, assess, and collect an annual stormwater
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management user fee to carry out the purposes of the District,
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beginning with the 1990-1991 budget year.
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(a) Such fee must be just and equitable and shall be based
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upon the impact that a given parcel of land imposes on the
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stormwater management system.
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(b) A fee may not be finally set by the Board of Directors
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or approved by the Board of County Commissioners of Brevard
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County during its annual budget review until after a public
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hearing is held by the Board of County Commissioners. The Board
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of County Commissioners must hold a special public hearing
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within the boundaries of the District. At the public hearing,
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all owners of property in the District shall have an opportunity
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to be heard concerning the proposed fee.
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(c) Notice of such public hearing for the 1990-1991 budget
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year must be given in the manner prescribed in subsection (2) of
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Section 16. Thereafter, notice must be given by publication in a
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newspaper of general circulation in Brevard County at least 7
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days before the date of the hearing. The stormwater management
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user fee, when established, shall be deemed to be reasonable and
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necessary to carry out the obligations, responsibilities, and
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duties of the District. All of the proceeds of the fee are in
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payment for the use of the District stormwater management
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system. The fee must be established by resolution of the Board
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of Directors and approved by a majority vote of the Board of
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County Commissioners of Brevard County, with each County
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Commissioner whose county commission residency area lies wholly
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or partially within the District voting in the affirmative.
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(d) The stormwater management user fee structure shall
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have three land classifications: Residential, Agricultural, and
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Commercial. The Board of Directors, in establishing the annual
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fee, must use the Brevard County Land Use Code Index as the
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basis for land classification. The annual stormwater management
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user fee shall be levied on the parcels, as the Brevard County
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Land Use Code Index has them designated, for that respective
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budget year.
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For the 2025-2026 fiscal year, the Board of County Commissioners
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of Brevard County approved for the district to collect
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stormwater management fees per acre or portion thereof for
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residential parcels at a rate of $25, agricultural parcels at a
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rate of $8.50, and commercial parcels at a rate of $52.50.
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Beginning with the 2026-2027 fiscal year, the stormwater
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management fee for residential parcels, agricultural parcels, or
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commercial parcels shall be adjusted annually by the average of
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the monthly consumer price index figures for the stated 12-month
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period, relative to the South Region of the United States,
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issued by the United States Department of Labor. For the 2026-
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2027 fiscal year, the consumer price index adjustment affecting
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the stormwater management fee shall be based on the fee approved
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by the Brevard County Commission in the 2025-2026 fiscal year.
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Notwithstanding the foregoing, the stormwater management fee may
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not be more than 10 percent above the fee for the preceding year
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not inclusive of the aforementioned annual consumer price index
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adjustment.
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For the 1990-1991 budget year, the residential fee may not
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exceed $10 per acre or portion thereof, the agricultural fee may
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not exceed $3.50 per acre or portion thereof, and the commercial
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fee may not exceed $21 per acre or portion thereof.
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Thereafter, the stormwater management fee for residential
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parcels, agricultural parcels, or commercial parcels may not be
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more than 10 percent above the fee for the preceding year.
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However, the maximum fee per acre or portion thereof for
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residential parcels may not exceed $25, the maximum fee per acre
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or portion thereof for agricultural parcels may not exceed
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$8.50, and the maximum fee per acre or portion thereof for
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commercial parcels may exceed $52.50.
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Section 2. This act shall take effect upon becoming a law.