Title: Land and Water Management

Summary: Prohibiting counties and municipalities from adopting laws, regulations, rules, or policies relating to water quality or quantity, pollution control, pollutant discharge prevention or removal, and wetlands; preempting such regulation to the state; repealing a provision relating to land management review teams, etc.

Full Text:
An act relating to land and water management; creating s. 373.027, F.S.; prohibiting counties and municipalities from adopting laws, regulations, rules, or policies relating to water quality or quantity, pollution control, pollutant discharge prevention or removal, and wetlands; preempting such regulation to the state; providing applicability and construction; requiring the Department of Environmental Protection to notify the Chief Financial Officer of certain violations; requiring the Chief Financial Officer to withhold certain funds; repealing s. 373.591, F.S., relating to land management review teams; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 373.027, Florida Statutes, is created to read: 373.027   Water management preemption.  (1)   A county or municipality may not adopt laws, regulations, rules, or policies relating to any of the following: (a)   Water quality. (b)   Water quantity. (c)   Pollution control. (d)   Pollutant discharge prevention or removal. (e)   Wetlands, including any delineation. (2)   The regulation of water quality, water quantity, pollution control, pollutant discharge prevention and removal, and wetlands, including any delineation, is exclusively preempted to the state. (3)   This section does not: (a)   Apply to an interagency or interlocal agreement between the department and any agency, water management district, or local government conducting programs relating to or materially affecting the water resources of the state. (b)   Affect the authority of a county or municipality to regulate and operate its own water system, wastewater system, or stormwater system. (4)   If the department determines that a county or municipality is in violation of this section, the department shall notify the Chief Financial Officer of the violation and the Chief Financial Officer shall withhold any state funds to which the county or municipality may be entitled. Section 2.  Section 373.591, Florida Statutes, is repealed. Section 3. This act shall take effect July 1, 2023.