HomeMy WebLinkAbout2014 11 17 Other, Information referenced by Commissioner Resnick Date: November 17, 2014
During the November 17, 2014 City
Commission Special Meeting, during his Report
- Commissioner Cade Resnick referenced this
information.
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2015 LEGISLATIVE
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IMP �. ACTION AGEN DA k
Stormwater Fee Collection
Proposed Policy:
The Florida League of Cities SUPPORTS legislation revising Florida Statutes to clarify that all users of a
stormwater utility,including government entities,are required to pay stormwater charges that pay the cost
of operation of such a utility.
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Background: 0' 5
A stormwater utility is a stormwater management program funded by a user fee based on the fee payer's
demand for stormwater services.The program is defined by stormwater management activities such as
flood and pollution control,permitting,inspection,maintenance,and capital construction.The program's
infrastructure of culverts,ditches, swales,and ponds are the assets of the stormwater utility;they are
constructed,managed and operated using revenues from the stormwater utility fee.
Stormwater utility fees are equitable.The users of the stormwater management system pay for the system's
cost. The more a stormwater utility customer creates runoff that is discharged to the municipality's
infrastructure, the more the customer benefits from the services of the infrastructure. This is the same as
for other services funded by user fees such as drinking water or wastewater.
By law,utilities are prohibited from generating excess revenues in that they are a strict user fee operation.
As such, measures that exempt certain types of properties from the payment of any utility user fee
(including stormwater utility fees) shift the responsibility for payment of the program to the remaining fee
payers. In fact,taxpayers who may not necessarily utilize the stormwater utility ultimately subsidize those
entities who opt out of paying their fees;this is an unfair cost shift to the tax payers. To the extent that
runoff from one class of properties does not pay its fair share,the remaining properties absorb a
disproportionate share of that responsibility.
Current Status:
The stormwater fee collection issue has been litigated in multiple jurisdictions at both the circuit and
appellate level. School boards in Alachua,Marion,and Palm Beach County have stopped paying their
stormwater fees.The Alachua County School Board and the City of Gainesville settled prior to trial with
the school board allowing the city to use multiple parcels for stormwater retention in exchange for the
complete waiver of the school board's stormwater fees.The City of Ocala is presently at the Fifth District
Court of Appeal and we still await a decision. -r (5 .-1( f S
As of 10/23/14,no bills have been filed that directly address stormwater fee collection.
Contact: Ryan Matthews ratthews@flcities.corn
Revised: 10/23/14