Agenda 04/13/2021 Item #10A (Senate Bill 406 - Big Cypress Basin)04/13/2021
EXECUTIVE SUMMARY
Recommendation that the Board discuss the latest developments to Senate Bill 406 -Big Cypress
Basin.
OBJECTIVE: To discuss the latest developments to the Big Cypress Basin proposed legislation.
CONSIDERATIONS: Attached as back up to this item is a recent proposed amendment to the Big
Cypress Basin legislation. I would like the Board to discuss and potentially weigh-in on this proposed
change and what further changes we would like to see.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal
issues at this time, and requires majority support for Board action. - JAK
RECOMMENDATION: That the Board discuss the latest developments to the Big Cypress Basin
proposed legislation.
Prepared by: William L. McDaniel, Jr., District 5
ATTACHMENT(S)
1. BCB amendmentdraft83228 (DOCX)
10.A
Packet Pg. 219
04/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.A
Doc ID: 15543
Item Summary: Recommendation that the Board discuss the latest developments to Senate Bill
406-Big Cypress Basin. (Commissioner McDaniel)
Meeting Date: 04/13/2021
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
04/07/2021 1:59 PM
Submitted by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
04/07/2021 1:59 PM
Approved By:
Review:
County Attorney's Office MaryJo Brock Level 3 County Attorney's Office Review Skipped 04/07/2021 1:58 PM
Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 04/07/2021 1:58 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 04/07/2021 2:04 PM
Board of County Commissioners MaryJo Brock Meeting Pending 04/13/2021 9:00 AM
10.A
Packet Pg. 220
Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. CS for SB 406
Page 1 of 4
4/7/2021 4:17:00 PM 601-03845-21
LEGISLATIVE ACTION
Senate
.
.
.
.
.
.
House
Appropriations Subcommittee on Agriculture, Environment, and
General Government (Rodrigues) recommended the following:
Senate Amendment 1
2
Delete lines 30 - 117 3
and insert: 4
31, 1976, The Governor shall appoint four not fewer than five 5
persons from Collier County and one person from Lee County who 6
reside within the Big Cypress Basin residing in the area to 7
serve as members of the governing board of the basin, effective 8
at the time of transfer and subject to confirmation by the 9
Senate as provided in subsection (4). 10
(a) The initial boundaries of the Big Cypress Basin shall 11
10.A.1
Packet Pg. 221 Attachment: BCB amendmentdraft83228 (15543 : Recommendation that the Board discuss the latest developments to Senate Bill 406-Big
Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. CS for SB 406
Page 2 of 4
4/7/2021 4:17:00 PM 601-03845-21
be established by resolution of the governing board of Central 12
and Southern Florida Flood Control District, after notice and 13
hearing, and generally shall encompass the Big Cypress Swamp and 14
southwestern coastal area hydrologic cataloging unit, as 15
indicated on River Basin and Hydrologic Unit Map of Florida—16
1975, Florida Department of Natural Resources, Bureau of Geology 17
Map Series No. 72. 18
(b) At 11:59 p.m. on July 1, 2022, the governing board of 19
the South Florida Water Management District shall establish the 20
boundary of the Big Cypress Basin as the scientific boundary 21
recommended in the Big Cypress Basin Boundary Delineation study 22
that the district presented to the Legislature on January 12, 23
2021, except that the new basin boundary may include only 24
counties that have at least 25 percent of their jurisdiction 25
delineated within the boundary If the governing board shall fail 26
to establish the initial boundaries on or before December 31, 27
1976, the initial boundaries shall be the same boundaries as 28
described for the Big Cypress Basin of the Ridge and Lower Gulf 29
Coast District. 30
(c) The governing board of the South Florida Water 31
Management District subsequently may change the boundaries of 32
the basin, but may not abolish the basin. 33
Section 2. Paragraph (b) of subsection (3) of section 34
373.503, Florida Statutes, is amended to read: 35
373.503 Manner of taxation.— 36
(3) The districts may levy ad valorem taxes on property 37
within the district solely for the purposes of this chapter and 38
of chapter 25270, 1949, Laws of Florida, as amended, and chapter 39
61-691, Laws of Florida, as amended. If appropriate, taxes 40
10.A.1
Packet Pg. 222 Attachment: BCB amendmentdraft83228 (15543 : Recommendation that the Board discuss the latest developments to Senate Bill 406-Big
Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. CS for SB 406
Page 3 of 4
4/7/2021 4:17:00 PM 601-03845-21
levied by each governing board may be separated by the governing 41
board into a millage necessary for the purposes of the district 42
and a millage necessary for financing basin functions specified 43
in s. 373.0695. 44
(b) The apportionment in The South Florida Water Management 45
District shall ensure that: 46
1. The apportionment within the district is be a maximum of 47
40 percent for district purposes and a maximum of 60 percent for 48
basin purposes; and 49
2. The basin ad valorem taxes levied within the counties 50
that comprise the Big Cypress Basin are used for projects and 51
flood control operations and maintenance within the counties in 52
which they were collected, respectively. 53
Section 3. For the purpose of incorporating the amendment 54
made by this act to section 373.503, Florida Statutes, in a 55
reference thereto, section 373.0697, Florida Statutes, is 56
reenacted to read: 57
373.0697 Basin taxes.—The respective basins may, pursuant 58
to s. 9(b), Art. VII of the State Constitution, by resolution 59
request the governing board of the district to levy ad valorem 60
taxes within such basin. Upon receipt of such request, a basin 61
tax levy shall be made by the governing board of the district to 62
finance basin functions enumerated in s. 373.0695, 63
notwithstanding the provisions of any other general or special 64
law to the contrary, and subject to the provisions of s. 65
373.503(3). 66
(1) The amount of money to be raised by said tax levy shall 67
be determined by the adoption of an annual budget by the 68
district board of governors, and the average millage for the 69
10.A.1
Packet Pg. 223 Attachment: BCB amendmentdraft83228 (15543 : Recommendation that the Board discuss the latest developments to Senate Bill 406-Big
Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. CS for SB 406
Page 4 of 4
4/7/2021 4:17:00 PM 601-03845-21
basin shall be that amount required to raise the amount called 70
for by the annual budget when applied to the total assessment of 71
the basin as determined for county taxing purposes. However, no 72
such tax shall be levied within the basin unless and until the 73
annual budget and required tax levy shall have been approved by 74
formal action of the basin board, and no county in the district 75
shall be taxed under this provision at a rate to exceed 1 mill. 76
(2) The taxes provided for in this section shall be 77
extended by the county property appraiser on the county tax roll 78
in each county within, or partly within, the basin and shall be 79
collected by the tax collector in the same manner and time as 80
county taxes, and the proceeds therefrom paid to the district 81
for basin purposes. Said taxes shall be a lien, until paid, on 82
the property against which assessed and enforceable in like 83
manner as county taxes. The property appraisers, tax collectors, 84
and clerks of the circuit court of the respective counties shall 85
be entitled to compensation for services performed in connection 86
with such taxes at the same rates as apply to county taxes. 87
(3) It is hereby determined that the taxes authorized by 88
this subsection are in proportion to the benefits to be derived 89
by the several parcels of real estate within the basin from the 90
works authorized herein. 91
Section 4. This act shall take effect July 1, 2022. 92
10.A.1
Packet Pg. 224 Attachment: BCB amendmentdraft83228 (15543 : Recommendation that the Board discuss the latest developments to Senate Bill 406-Big