HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: CS/HB 1035 Loxahatchee River Environmental Control District, Palm Beach County
SPONSOR(S): Local Administration & Veterans Affairs Subcommittee, Roth and Snyder
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs 17 Y, 0 N, As Darden Miller
Subcommittee CS
2) Ways & Means Committee 16 Y, 0 N Curry Aldridge
3) State Affairs Committee 23 Y, 0 N Darden Williamson
SUMMARY ANALYSIS
The Loxahatchee River Environmental Control District (District) is an independent special district created in
1971 by special act. The charter of the District was most recently codified in 2002. The District operates a
sewer and wastewater system serving the Towns of Jupiter and Juno Beach, the Village of Tequesta, and
unincorporated portions of southern Martin County and northern Palm Beach County.
The bill provides for the codification of existing special acts concerning the District, makes conforming
changes, and repeals the existing special acts governing the District.
The bill also make the following revisions to the charter of the District:
Clarifies that the District’s authority to provide necessary laboratories and facilities for testing of
operating systems includes the ability to assess water quality, critical habitats, and environmental
health within the Loxahatchee River watershed;
Authorizes the District to conduct environmental education to minimize damage to the area’s resources
and environment, prevent additional environmental problems from being created, and providing
education regarding solutions to existing problems;
Authorizes the District to conduct environmental enhancements as necessary and appropriate to
minimize damage to the area's resources and environment, to prevent additional environmental
problems from being created, and to provide solutions to existing environmental problems;
Explicitly authorizes the board of the District to lease or otherwise convey any temporary interests or
rights in lands to which the district has title, including the ability to enter into public or private
partnerships, and conduct a public hearing before approving any agreement; and
Provides a limitation on the District’s liability for use of District lands for passive outdoor recreation
activities.
The bill does not appear to have a fiscal impact on state or local governments.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Special Districts
A “special district” is a unit of local government created for a particular purpose, with jurisdiction to
operate within a limited geographic boundary.1 A special district may be created by general law, special
act, local ordinance, or by rule of the Governor and Cabinet.2 A special district has only those powers
expressly provided by, or reasonably implied from, the authority provided in the district’s charter.3
Special districts provide specific municipal services in addition to, or in place of, those provided by a
municipality or county.4
An “independent special district” is characterized by having a governing board comprised of members
which are not identical in membership to, nor all appointed by, nor any removable at will by, the
governing body of a single county or municipality, and the district budget cannot be affirmed or vetoed
by the governing body of a single county or municipality. 5 Additionally, a district that includes more than
one county is an independent special district unless the district lies wholly within the boundaries of a
single municipality.
Formation and Charter of an Independent Special District
With the exception of community development districts,6 the charter for any new independent special
district must include the minimum elements required by statute.7 Special laws or general laws of local
application relating to any special district may not create a special district with a charter that does not
conform to the minimum statutory requirements,8 create a district for which a statement documenting
specific required matters is not submitted to the Legislature,9 or exempt a district from certain other
statutory requirements.10 These prohibitions were passed by a three-fifths majority in the House and
Senate when ch. 189, F.S., originally was adopted.11 They may be amended or repealed only “by like
vote.”12
1
See Halifax Hospital Medical Center v. State of Fla., et al., 278 So. 3d 545, 547 (Fla. 2019).
2 See ss. 189.031(3), 189.02(1), and S. 190.005(1), F.S. See generally s. 189.012(6), F.S.
3 See ss. 189.02(4)-(5) and 189.031(3), F.S. Counties and municipalities have “home rule” powers allowing them to enact ordinances
not inconsistent with general or special law for governmental, corporate, or proprietary purposes. Special districts do not possess home
rule powers and are permitted to impose only those taxes, assessments, or fees authorized by special or general law. See art. VIII, ss.
1(f) and (g), 2(b), s. 6(e), Fla. Const. and ss. 166.021 and 125.01, F.S. See also 2020-2022 The Local Government Formation Manual,
p. 70, at https://www.myfloridahouse.gov/Sections/Documents/
loaddoc.aspx?PublicationType=Committees&CommitteeId=3117&Session=2021&DocumentType=General+Publications&FileName=20
21-2022+Local+Government+Formation+Manual.pdf, (last visited Mar. 4, 2021) (hereinafter Local Government Manual).
4 Local Government Manual at 65.
5 S. 189.012(3), F.S.
6 S. 189.0311, F.S. See s. 190.004, F.S. (providing that ch. 190, F.S., governs the functions and powers of independent community
development districts).
7 S. 189.031(1), F.S. S. 189.031(3), F.S., sets forth the minimum charter requirements for an independent special district.
8 S. 189.031(2)(a), F.S.
9 S. 189.031(2)(e), F.S. (providing that each required statement filed with the Legislature must include the purpose of the proposed
district, the authority of the district, an explanation of why the district is the best alternative, and a resolution or official statement from
the local general-government jurisdiction where the proposed district will be located stating the district is consistent with approved local
planning and the local government does not object to creation of the district).
10 These include election requirements (s. 189.04, F.S.), requirements for issuing bonds, including referenda (ss. 189.042, 189.051,
F.S.), reports on public facilities (s. 189.08, F.S.), notice and reports of public meetings (s. 189.015, F.S.), or required reports, budgets,
and audits (s. 189.016, F.S.). See s. 189.031(2), F.S.
11 Ch. 89-169, s. 67, Laws of Fla.
12 Art. III, s. 11(a)(21), Fla. Const.
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The charter of a newly created district must state whether it is dependent or independent.13 Charters of
independent special districts must include the purpose of the district, its geographical boundaries,
taxing authority, bond authority, and selection procedures for the members of its governing body.14
Special districts do not possess “home rule” powers and may impose only those taxes, assessments,
or fees authorized by special or general law. The special act creating an independent special district
may provide for funding from a variety of sources while prohibiting others. For example, ad valorem tax
authority is not mandatory for a special district.15
Codification
Codification is the process of bringing a special district’s charter up-to-date by consolidating it in one
place. After a special district is created, special acts often amend or alter the special district’s charter
provisions. To ascertain the current status of a special district’s charter, it is necessary to research all
amendments or changes made to the charter since its inception or original passage by the Legislature.
Codification of special district charters allows readers to more easily determine the current charter of a
district.
Current law provided for codification of all special district charters by December 1, 2004. Any codified
act relating to a special district must provide for the repeal of all prior special acts of the Legislature
relating to the district.16 Reenactment of existing law should not be construed to grant additional
authority nor to supersede the authority of an entity; modify, amend, or alter any covenants, contracts,
or other obligations of any district with respect to bonded indebtedness; or affect a district’s ability to
levy and collect taxes, assessments, fees, or charges for the purpose of redeeming or servicing the
district’s bonded indebtedness.17 However, such reenactment will maintain exceptions to law contained
in special acts reenacted pursuant to s. 189.019, F.S.
Loxahatchee River Environmental Control District
The Loxahatchee River Environmental Control District (District) is an independent special district
created in 1971 by special act.18 The charter of the District was most recently codified in 2002.19 The
District operates a sewer and wastewater system serving the Towns of Jupiter and Juno Beach, the
Village of Tequesta, and unincorporated portions of southern Martin County and northern Palm Beach
County.20
The District is governed by a five-member board elected to four-year terms representing single-member
districts.21 Members of the board receive $100 per month as compensation and are entitled to per diem
and travel expenses as provided by law.22 Fees and other charges for operating the sewer system
primarily finance the District.23 The District is also authorized to levy special assessments against
properties that adjoin, or are in close proximity to, the District’s water and sewer lines.24 The District
does not levy ad valorem taxes.25
13 S. 189.031(5), F.S.
14 S. 189.031(3), F.S. (minimum charter requirements).
15
Art. VII, s. 9(a), Fla. Const.
16 S. 189.019, F.S.
17 S. 189.019(3), F.S.
18 Ch. 71-822, Laws of Fla.
19 Ch. 2002-358, Laws of Fla.
20 Wastewater Treatment Facility, Loxahatchee River Environmental Control District, https://loxahatcheeriver.org/about-us/wastewater-
treatment-system/ (last accessed Mar. 8, 2021).
21 Ch. 2002-358, s. 4 of s. 3, Laws of Fla.
22 S. 112.061, F.S.
23 Loxahatchee River Environmental Control District Annual Budget for FY 2021, Loxahatchee River Environmental Control District,
https://loxahatcheeriver.org/wp-content/uploads/2020/09/Budget-Book_Summary_FY21_Final.pdf (last accessed Mar. 8, 2021).
Ch. 2002-358, s. s. 6(9) of s. 3, Laws of Fla.
24 Ch. 2002-358, s. s. 6(12) of s. 3, Laws of Fla.
25 See Loxahatchee River Environmental Control District Annual Budget for FY 2021, Loxahatchee River Environmental Control District,
https://loxahatcheeriver.org/wp-content/uploads/2020/09/Budget-Book_Summary_FY21_Final.pdf (last accessed Mar. 8, 2021). Subject
to voter approval in a referendum, the District may levy an ad valorem tax of up to 0.25 mills. Ch. 2002-358, ss. 7 and 17 of s. 3, Laws
of Fla.
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Effect of Proposed Changes
The bill provides for the codification of existing special acts concerning the District, makes conforming
changes, and repeals the existing special acts governing the district.
The bill also makes the following revisions to the charter of the District:
Clarifies that the District’s authority to provide necessary laboratories and facilities for testing of
operating systems includes the ability to assess water quality, critical habitats, and
environmental health within the Loxahatchee River watershed;
Authorizes the District to conduct environmental education to minimize damage to the area’s
resources and environment, prevent additional environmental problems from being created, and
providing education regarding solutions to existing problems;
Authorizes the District to conduct environmental enhancements as necessary and appropriate
to minimize damage to the area’s resources and environment, to prevent additional
environmental problems from being created, and to provide solutions to existing environmental
problems;26
Explicitly authorizes the board of the District to lease or otherwise convey any temporary
interests or rights in lands to which the district has title, including the ability to enter into public
or private partnerships, and conduct a public hearing before approving any agreement; and
Provides a limitation on the District’s liability for use of District lands for passive outdoor
recreation activities.27
B. SECTION DIRECTORY:
Section 1: Provides that the bill is a codification of all special acts relating to Loxahatchee River
Environmental Control District and provides legislative intent.
Section 2: Provides that chs. 2002-358 and 2007-281, Laws of Fla., are codified, reenacted,
amended, and repealed as provided in the bill.
Section 3: Provides a charter for the Loxahatchee River Environmental Control District.
Section 4: Repeals chs. 2002-358 and 2007-281, Laws of Fla.
Section 5: Provides for severability.
Section 6: Provides an effective date of upon becoming a law.
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [x] No []
IF YES, WHEN? November 25, 2020.
WHERE? The Palm Beach Post, a daily newspaper of general circulation distributed in
Palm Beach County and Martin County.
B. REFERENDUM(S) REQUIRED? Yes [] No [x]
26 The bill defines an “environmental enhancement” as physical activities in the waters of the state or on adjacent uplands that involve
system repair, redesign or construction, monitoring, planting, propagating, trimming, culturing, shoreline protection, and hydrologic or
other water quality improvements.
27 The bill defines “passive outdoor recreation” as includes bicycling, hiking, walking, jogging, wildlife viewing, outdoor photography,
kayaking, canoeing, and similar activities. This provision mirrors the existing limitation on liability for water management districts under
s. 373.1395, F.S.
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IF YES, WHEN?
C. LOCAL BILL CERTIFICATION FILED? Yes [x] No []
D. ECONOMIC IMPACT STATEMENT FILED? Yes [x] No []
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
None.
B. RULE-MAKING AUTHORITY:
The bill neither provides authority for nor requires rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On March 11, 2021, the Local Administration & Veterans Affairs Subcommittee adopted a proposed
committee substitute (PCS) and reported the bill favorably a committee substitute. The PCS modified the
bill’s title to clarify the District is located in Martin and Palm Beach Counties.
This analysis is drafted to the committee substitute as approved by the Local Administration & Veterans
Affairs Subcommittee.
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