Agenda 01/12/2021 Item #11C (Expansion of Big Cypress Basin Boundaries)01/12/2021
EXECUTIVE SUMMARY
Recommendation to establish a Board policy position regarding the potential expansion of
the Big Cypress Basin (BCB) boundary within the South Florida Water Management
District (District) based upon the recent filing of Senate Bill 406 for consideration by the
Florida Legislature.
_____________________________________________________________________________
OBJECTIVE: To establish a Board policy position, and express the same, to the Collier County
Legislative Delegation, members of the Florida Legislature, and members of the South Florida
Water Management District, prior to consideration and advancement of Senate Bill 406, or any
House companion bill during the 2021 legislative cycle.
CONSIDERATION: Lee County, the City of Bonita Springs, and the Village of Estero have
petitioned the District to evaluate an amendment of basin administrative boundaries to consider
moving areas of Lee County to the BCB. The impacts on the BCB, both in governance and
operations, of an expansion of its boundaries have not been quantified.
In their 2020 General Appropriations Act, the Legislature included language directing the
District to “conduct a study to recommend the most appropriate geographic boundaries of the
Big Cypress Basin” and to submit the report to the Governor and the leadership of the
Legislature by February 1, 2021. On November 18, 2020, the BCB Board was presented a draft
report of the scientific study determining the hydrologic boundaries of the Big Cypress Swamp
sub-basin.
From County staff’s perspective, the potential expansion of the BCB represents some challenges
and concerns that need to be evaluated before proceeding. At the December 8, 2020, County
Commission meeting, the Board directed County staff to “develop a process and a presentation
on a future agenda to present the impacts of an expanded basin board boundary on Collier
County so that we can take a position on it one way or the other.” Some of the potential impacts
delineated during Board discussion included operational effects, governance, financial impacts,
and future BCB Board representation.
On December 30, 2020, Lee County State Senator, Ray Rodrigues, filed SB 406, setting the
membership of the BCB governing board to five appointed members, expanding the basin
boundary to the scientific boundary (excluding any county with less than 50 percent of their
jurisdiction within the scientific boundary), and allocating ad valorem tax collections to projects
within the county of origin.
With legislative interim committee weeks beginning this week, and having subsequent meetings
scheduled throughout four of the next five weeks, staff recommends the Board establish a
position based upon the policy proposed by SB 406, so the lobbying team can effectively address
this issue, per Board direction, to applicable legislative and administrative bodies before this or
any House companion bill is considered and advanced.
FISCAL IMPACT: This executive summary has no immediate fiscal impact.
11.C
Packet Pg. 371
01/12/2021
GROWTH MANAGEMENT IMPACT: This executive summary has no immediate growth
management impact.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no
legal issues at this time, and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board establish a policy position, and express the same, to
the Collier County Legislative Delegation, members of the Florida Legislature, and members of
the South Florida Water Management District, prior to consideration and advancement of Senate
Bill 406, or any House companion bill during the 2021 legislative cycle.
Prepared by: John Mullins, Government Affairs Manager
ATTACHMENT(S)
1. December 8 2020 Executive Summary Big Cypress Basin (PDF)
2. Proposed_Big_Cypress_Swamp_Revisions (PDF)
3. SB_406_Big_Cypress_Basin (PDF)
11.C
Packet Pg. 372
01/12/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.C
Doc ID: 14651
Item Summary: Recommendation to establish a Board policy position regarding the potential
expansion of the Big Cypress Basin (BCB) boundary within the South Florida Water Management
District (District) based upon the recent filing of Senate Bill 406 for consideration by the Florida
Legislature. (John Mullins, Government Affairs Manager, County Manager's Office)
Meeting Date: 01/12/2021
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
01/05/2021 8:12 AM
Submitted by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
01/05/2021 8:12 AM
Approved By:
Review:
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/05/2021 8:35 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 01/05/2021 9:37 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/05/2021 10:03 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 01/05/2021 11:02 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/12/2021 9:00 AM
11.C
Packet Pg. 373
EXECUTIVE SUMMARY
Recommendation to formalize a Board of County Commissioners position regarding the
potential expansion of the Big Cypress Basin boundary within the South Florida Water
Management District.
______________________________________________________________________________
OBJECTIVE: To express a consensus position that considers the protection of stormwater
infrastructure, water quality, and the environment for Collier County residents and neighbors.
CONSIDERATION: The South Florida Water Management District (District) covers 18,000
square miles spanning from Orlando to Key West. It is comprised of two operational units, the
Big Cypress Basin and Okeechobee Basin. The Big Cypress Basin includes all of Collier County
and a portion of Monroe County. The Okeechobee Basin includes all of Broward, Glades,
Hendry, Lee, Martin, Miami-Dade, Palm Beach and portions of Charlotte, Highlands, Monroe,
Orange, Osceola, Okeechobee and Polk Counties.
The Big Cypress Basin was established in 1977 and charged with providing for the broad
objectives of conservation, preservation, and enhancement of water resources. Between 1979
and 1993, agreements with Collier County transferred operation and maintenance of the primary
network of county-built water control facilities to the Basin.
The Big Cypress Basin Board sets the Basin regional policy, budget, and millage rate. Basin
staff work in administration, planning, environmental permitting, right-of-way permitting, and
operations and maintenance. They also support project management tasks related to the
Comprehensive Everglades Restoration Plan (CERP).
Under 373.0693 of the Florida Statutes, the District may change the boundaries of basins or
create new basins at any time by resolution. Changes to the Big Cypress Basin boundaries can
also be pursued legislatively but would then require similar action by the Legislature and
Governor to make any future adjustments.
Lee County, the City of Bonita Springs, and the Village of Estero have petitioned the District to
evaluate an amendment of basin boundaries to consider moving areas of Lee County to the Big
Cypress Basin. The impacts on the Big Cypress Basin, both in governance and operations, of an
expansion of its boundaries have not been quantified.
In their 2020 General Appropriations Act, the Legislature included language directing the
District to “conduct a study to recommend the most appropriate geographic boundaries of the
Big Cypress Basin” and to submit the report to the Governor and the leadership of the
Legislature by February 1, 2021. On November 18, 2020, the Big Cypress Basin Board was
presented a draft report of the scientific study determining the hydrologic boundaries of the Big
Cypress Swamp sub-basin.
The potential expansion of the Big Cypress Basin represents some challenges and concerns that
need to be evaluated before proceeding. It is my position that we should send a unified message
11.C.1
Packet Pg. 374 Attachment: December 8 2020 Executive Summary Big Cypress Basin (14651 : BCB boundary)
to the District and legislative delegation that we are not in favor of any legislation or District
resolution moving forward without appropriate vetting of proposed changes by the Big Cypress
Basin Board with input of our citizens, neighboring communities, and our environmental
protection partners.
FISCAL IMPACT: This executive summary has no immediate fiscal impact.
GROWTH MANAGEMENT IMPACT: This executive summary has no immediate growth
management impact.
LEGAL CONSIDERATIONS:
RECOMMENDATION: That the Board of County Commissioners formalize a position
regarding potential expansion of the Big Cypress Basin boundary within the South Florida Water
Management District.
Prepared by:
Andy Solis, Commissioner, District 2
Attachments:
1. Big Cypress Basin Map with New Delineation of the Big Cypress Swamp Boundary
11.C.1
Packet Pg. 375 Attachment: December 8 2020 Executive Summary Big Cypress Basin (14651 : BCB boundary)
14Presenters: Akin Owosina and Jeff Iudicello
DRAFT11.C.2
Packet Pg. 376 Attachment: Proposed_Big_Cypress_Swamp_Revisions (14651 : BCB boundary)
Florida Senate - 2021 SB 406
By Senator Rodrigues
27-00560A-21 2021406__
Page 1 of 4
CODING: Words stricken are deletions; words underlined are additions.
A bill to be entitled 1
An act relating to the Big Cypress Basin; amending s. 2
373.0693, F.S.; revising the membership of the Big 3
Cypress Basin governing board; requiring the South 4
Florida Water Management District to revise the 5
boundaries of the Big Cypress Basin based on a 6
specified study at a specified time; removing obsolete 7
language; amending s. 373.503, F.S.; requiring the 8
South Florida Water Management District to ensure that 9
the distribution of ad valorem taxes collected within 10
the Big Cypress Basin be used for projects within the 11
counties in which they were collected; reenacting s. 12
373.0697, F.S., relating to basin taxes, to 13
incorporate the amendment made to s. 373.503, F.S., in 14
a reference thereto; providing an effective date. 15
16
Be It Enacted by the Legislature of the State of Florida: 17
18
Section 1. Subsection (9) of section 373.0693, Florida 19
Statutes, is amended to read: 20
373.0693 Basins; basin boards.— 21
(9) At 11:59 p.m. on December 31, 1976, a portion of the 22
Big Cypress Basin of the Ridge and Lower Gulf Coast District 23
which is being annexed into the South Florida Water Management 24
District by change of boundaries pursuant to chapter 76-243, 25
Laws of Florida, shall be formed into a subdistrict or basin of 26
the South Florida Water Management District. Such portion shall 27
be designated as the Big Cypress Basin. On or before December 28
31, 1976, The Governor shall appoint not fewer than five persons 29
11.C.3
Packet Pg. 377 Attachment: SB_406_Big_Cypress_Basin (14651 : BCB boundary)
Florida Senate - 2021 SB 406
27-00560A-21 2021406__
Page 2 of 4
CODING: Words stricken are deletions; words underlined are additions.
from Collier and Lee Counties who reside within the Big Cypress 30
Basin residing in the area to serve as members of the governing 31
board of the basin, effective at the time of transfer and 32
subject to confirmation by the Senate as provided in subsection 33
(4). 34
(a) The initial boundaries of the Big Cypress Basin shall 35
be established by resolution of the governing board of Central 36
and Southern Florida Flood Control District, after notice and 37
hearing, and generally shall encompass the Big Cypress Swamp and 38
southwestern coastal area hydrologic cataloging unit, as 39
indicated on River Basin and Hydrologic Unit Map of Florida—40
1975, Florida Department of Natural Resources, Bureau of Geology 41
Map Series No. 72. 42
(b) At 11:59 p.m. on July 1, 2021, the governing board of 43
the South Florida Water Management District shall establish the 44
boundary of the Big Cypress Basin as the scientific boundary 45
recommended in the Big Cypress Basin Boundary Delineation study 46
that the district completed in the fall of 2020 and will present 47
to the Legislature on February 1, 2021, except that the new 48
basin boundary may include only counties that have at least 50 49
percent of their jurisdiction delineated within the boundary If 50
the governing board shall fail to establish the initial 51
boundaries on or before December 31, 1976, the initial 52
boundaries shall be the same boundaries as described for the Big 53
Cypress Basin of the Ridge and Lower Gulf Coast District. 54
(c) The governing board of the South Florida Water 55
Management District subsequently may change the boundaries of 56
the basin, but may not abolish the basin. 57
Section 2. Paragraph (b) of subsection (3) of section 58
11.C.3
Packet Pg. 378 Attachment: SB_406_Big_Cypress_Basin (14651 : BCB boundary)
Florida Senate - 2021 SB 406
27-00560A-21 2021406__
Page 3 of 4
CODING: Words stricken are deletions; words underlined are additions.
373.503, Florida Statutes, is amended to read: 59
373.503 Manner of taxation.— 60
(3) The districts may levy ad valorem taxes on property 61
within the district solely for the purposes of this chapter and 62
of chapter 25270, 1949, Laws of Florida, as amended, and chapter 63
61-691, Laws of Florida, as amended. If appropriate, taxes 64
levied by each governing board may be separated by the governing 65
board into a millage necessary for the purposes of the district 66
and a millage necessary for financing basin functions specified 67
in s. 373.0695. 68
(b) The apportionment in The South Florida Water Management 69
District shall ensure that: 70
1. The apportionment within the district is be a maximum of 71
40 percent for district purposes and a maximum of 60 percent for 72
basin purposes; and 73
2. The ad valorem taxes levied within the counties that 74
comprise the Big Cypress Basin are used for projects within the 75
counties in which they were collected, respectively. 76
Section 3. For the purpose of incorporating the amendment 77
made by this act to section 373.503, Florida Statutes, in a 78
reference thereto, section 373.0697, Florida Statutes, is 79
reenacted to read: 80
373.0697 Basin taxes.—The respective basins may, pursuant 81
to s. 9(b), Art. VII of the State Constitution, by resolution 82
request the governing board of the district to levy ad valorem 83
taxes within such basin. Upon receipt of such request, a basin 84
tax levy shall be made by the governing board of the district to 85
finance basin functions enumerated in s. 373.0695, 86
notwithstanding the provisions of any other general or special 87
11.C.3
Packet Pg. 379 Attachment: SB_406_Big_Cypress_Basin (14651 : BCB boundary)
Florida Senate - 2021 SB 406
27-00560A-21 2021406__
Page 4 of 4
CODING: Words stricken are deletions; words underlined are additions.
law to the contrary, and subject to the provisions of s. 88
373.503(3). 89
(1) The amount of money to be raised by said tax levy shall 90
be determined by the adoption of an annual budget by the 91
district board of governors, and the average millage for the 92
basin shall be that amount required to raise the amount called 93
for by the annual budget when applied to the total assessment of 94
the basin as determined for county taxing purposes. However, no 95
such tax shall be levied within the basin unless and until the 96
annual budget and required tax levy shall have been approved by 97
formal action of the basin board, and no county in the district 98
shall be taxed under this provision at a rate to exceed 1 mill. 99
(2) The taxes provided for in this section shall be 100
extended by the county property appraiser on the county tax roll 101
in each county within, or partly within, the basin and shall be 102
collected by the tax collector in the same manner and time as 103
county taxes, and the proceeds therefrom paid to the district 104
for basin purposes. Said taxes shall be a lien, until paid, on 105
the property against which assessed and enforceable in like 106
manner as county taxes. The property appraisers, tax collectors, 107
and clerks of the circuit court of the respective counties shall 108
be entitled to compensation for services performed in connection 109
with such taxes at the same rates as apply to county taxes. 110
(3) It is hereby determined that the taxes authorized by 111
this subsection are in proportion to the benefits to be derived 112
by the several parcels of real estate within the basin from the 113
works authorized herein. 114
Section 4. This act shall take effect July 1, 2021. 115
11.C.3
Packet Pg. 380 Attachment: SB_406_Big_Cypress_Basin (14651 : BCB boundary)