Subject:
Title
Resolution supporting the Melbourne Tillman Water Control District’s request for the Florida Legislature to amend subsection (12) of section 8 of section 3 of chapter 2001-336, Laws of Florida. – District 5
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Fiscal Impact:
None
Dept/Office:
District 5 Commission Office
Requested Action:
Recommendation
It is requested that the BOCC approves the resolution supporting the Melbourne Tillman Water District’s request for the Florida Legislature to amend subsection (12) of section 8 of section 3 of chapter 2001-336, Laws of Florida.
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Summary Explanation and Background:
- Background:
The Melbourne-Tillman Water Control District is a special district established in 1922 by the Florida Legislature for the purpose of providing a water management system to prevent damage from flooding, erosion, and excessive drainage. The district is a dependent water control district of Brevard County located in the southern part of the county and is comprised of 100 square miles within its boundaries (approximately 64,500 acres). The district owns and maintains over 2,300 acres of canal rights-of-way in 163 miles of canals. The district is funded through the annual collection of user fees and has three user fee categories: Commercial, Residential, and Agricultural.
- Issue:
As amended in Ch. 2001-336, Laws of Florida, the rate at which user fees are collected is capped by an allowable increase of 10% year over year, pending approval by the Brevard County Commission, and is capped at the following overall levels:
- Commercial: $52.50 per acre
- Residential: $25 per acre
- Agricultural: $8.50 per acre
While the caps were reasonably set at these levels in 2001, they now inhibit the district from collecting an adequate and reasonable amount of fees to pay for operations. This growing inability to cover district operational costs has impacted the level of service and is at risk of becoming critical in the coming years due to continually rising costs in recent years.
- Request:
Melbourne Tillman Water Control District respectfully requests that the Florida Legislature amend Ch. 2001-336, Laws of Florida, to remove all total limit caps set on the collection of user fees by the district. This proposal replaces the caps with an annual consumer price index adjustment based upon South Region data from the US Bureau of Labor Statistics. The district would continue to have oversight by the Brevard County Commission for annual budgetary approval, which includes two members with absolute veto power on any increase, as well as the 10% year-over-year cap on increases of user fees. These safeguards ensure the prevention of inappropriate or excessive spending by the district.
For the purpose of providing services to new infrastructure adjacent to current district boundaries, the district requests that language be included under this same chapter to enable the district to annex Brevard County parcel 28-37-34-00-755, a piece of vacant commercial land that is currently owned by Holmes Regional Medical Center, Inc.
Bill drafts are attached.
Clerk to the Board Instructions:
Please provide one framed copy of the resolution.