THE BILL ITSELF
SB 718
Water Management
Florida Senate - 2026 SB 718 By Senator McClain 9-00674-26 2026718__
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A bill to be entitled
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An act relating to water management; creating s.
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373.027, F.S.; prohibiting counties and municipalities
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from adopting laws, regulations, rules, or policies
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relating to water quality or quantity, pollution
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control, pollutant discharge prevention or removal, or
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wetlands; preempting such regulation to the state;
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providing applicability and construction; requiring
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the Department of Environmental Protection to notify
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the Chief Financial Officer of certain violations;
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requiring the Chief Financial Officer to withhold
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certain funds; repealing s. 373.591, F.S., relating to
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land management review teams; 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. Section 373.027, Florida Statutes, is created to
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read:
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373.027 Water management preemption.—
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(1) A county or municipality may not adopt laws,
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regulations, rules, or policies relating to any of the
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following:
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(a) Water quality.
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(b) Water quantity.
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(c) Pollution control.
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(d) Pollutant discharge prevention or removal.
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(e) Wetlands, including any delineation.
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(2) The regulation of water quality, water quantity,
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pollution control, pollutant discharge prevention and removal,
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and wetlands, including any delineation, is exclusively
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preempted to the state.
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(3) This section does not:
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(a) Apply to an interagency or interlocal agreement between
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the department and any agency, water management district, or
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local government conducting programs relating to or materially
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affecting the water resources of the state.
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(b) Affect the authority of a county or municipality to
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regulate and operate its own water system, wastewater system, or
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stormwater system.
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(4) If the department determines that a county or
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municipality is in violation of this section, the department
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shall notify the Chief Financial Officer of the violation, and
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the Chief Financial Officer shall withhold any state funds to
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which the county or municipality may be entitled.
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Section 2. Section 373.591, Florida Statutes, is repealed.
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Section 3. This act shall take effect July 1, 2026.