CopyCited 31 times | Published | Florida 1st District Court of Appeal | 2001 WL 209068
...stence. See Ch. 86-186, § 15, at 1349, Laws of Fla. Later, the Legislature directed local governments to work in conjunction with the Department to develop stormwater management programs. See Ch. 89-279, § 32, at 1626-27, Laws of Fla. (codified at § 403.0891, Fla.Stat. (1989)). Eventually, a statute was enacted which, like the constitution, antecedent general law, and the special act, authorizes the City to construct, operate and finance a stormwater management utility. See § 403.0891, Fla.Stat....
...subarea based upon a reasonable relationship to benefits received. The fees shall be calculated to generate sufficient funds to plan, construct, operate, and maintain stormwater management systems called for in the local program required pursuant to s. 403.0891(3)....
CopyCited 16 times | Published | Supreme Court of Florida | 2003 WL 22052315
...(2002) (noting that the objective of a stormwater management system is to prevent or reduce flooding and pollution). Therefore, stormwater must be collected, conveyed, treated, and disposed of. Florida law requires local governments to establish stormwater management programs. §
163.3202(2)(d), Fla. Stat. (2002); §
403.0891, Fla....
...To fund such programs, local governments may "[c]reate one or more stormwater utilities and adopt stormwater utility fees sufficient to plan, construct, operate, and maintain stormwater management systems set out in the local program required pursuant to s.
403.0891(3)." §
403.0893(1), Fla....
...Those single-family homes that create a disproportionately greater need for the systemi.e., homes with more than 50 percent impervious area and situated on lots with more than 10,000 square feet of total areaare billed separately. Thus, the City's approach is reasonable. Section 403.0891(6), Florida Statutes, expressly authorizes this method of apportioning cost....
...explicitly or "by necessary implication," special assessments on state property. See City of Gainesville v. State Dep't of Transp.,
778 So.2d 519, 521-22 (Fla. 1st DCA 2001) (quoting Blake v. City of Tampa,
115 Fla. 348,
156 So. 97, 99 (1934)). [4] Section
403.0891(6) requires that agencies and local governments develop a model stormwater management program containing dedicated funding options, "including a stormwater utility fee system based upon an equitable unit cost approach." [5] At trial,...
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 519, 2012 WL 126858
...the College enjoys sovereign immunity from the City's imposition [1] of stormwater utility fees; and (2) directed the City to refund the stormwater utility fees paid by the College. We affirm. In 2001, pursuant to the authority derived from sections
403.0891 and
403.0893, Florida Statutes, the City enacted Ordinance No....
...Based on this standard, we conclude that the State of Florida has not waived sovereign immunity with respect to stormwater utility fees. Chapter 403 does not waive sovereign immunity with respect to the City's stormwater utility. Under the mandate of section 403.0891, Florida Statutes (2009), local governments, including the City, are required to develop stormwater programs that are compatible with those developed by the Department of Environmental Protection and other local governmental entities....
...systems, a county or municipality may: (1) Create one or more stormwater utilities and adopt stormwater utility fees sufficient to plan, construct, operate, and maintain stormwater management systems set out in the local program required pursuant to s.403.0891(3)[.] The City contends that the College is not protected by sovereign immunity because Chapter 403 does not "exempt" state-owned property from payment of stormwater utility fees....
CopyCited 2 times | Published | Supreme Court of Florida | 1997 WL 213811
...ued for the purpose of funding Sarasota County's stormwater management program. We have jurisdiction. Art. V, § 3(b)(2), Fla. Const. For the reasons expressed, we affirm the trial court's judgment. The facts of this case are as follows. Pursuant to section 403.0891, Florida Statutes, Sarasota County has been developing and refining a stormwater management program since the late 1980s....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 6511, 1998 WL 288284
...We conclude the complaint should not have been dismissed with prejudice and reverse. This appeal involves “stormwater utility fees” imposed by the city of Cocoa. In 1989, the legislature began requiring local governments like Cocoa to develop stormwater management plans. § 403.0891, Fla....
CopyPublished | Florida 3rd District Court of Appeal
...5
trim and remove mangroves in order to maintain their private systems free from
blockage.5
B. The City’s Stormwater Utility
Chapter 403, Florida Statutes, is titled the “Florida Air and Water Pollution
Control Act.” Section 403.0891 requires local governments to develop stormwater
management programs....
...r payment of the utility
fees.
This error begins with the majority opinion’s failure to recognize the
legislature authorized the utility fee to fund, not just infrastructure, but the City’s
entire “stormwater management program.” § 403.0891(3), Fla....
...And the legislature has already decided. The legislature
has already decided that cities are authorized to fund these stormwater anti-
pollution management programs from utility fees charged to landholders whose
properties generate stormwater runoff. See §§ 403.0891(3), .031(17); Fla....
...with exemptions for undeveloped properties and properties that retained their
stormwater—was identical to the method used in this case. The Florida Supreme
Court upheld this method, noting that the legislature is acting within its discretion
when setting rates and that “[s]ection 403.0891(6), Florida Statutes, expressly
authorizes this method of apportioning cost.” Id....
...The majority opinion directly and
expressly conflicts with City of Gainesville.
In setting aside the method of establishing rates adopted by the City,
authorized by the legislature, and approved by the Florida Supreme Court because
“[s]ection 403.0891(6), Florida Statutes, expressly authorizes this method of
apportioning cost,” 863 So....
CopyPublished | Florida 3rd District Court of Appeal
...more stormwater utilities and adopt stormwater utility fees
sufficient to plan, construct, operate, and maintain stormwater
2
management systems set out in the local program required
pursuant to [section] 403.0891(3).”
City of Gainesville v....
...program to the beneficiaries based on their relative contribution
to its need. It is operated as a typical utility which bills services
regularly, similar to water and wastewater services.
§
403.031(17), Fla. Stat. (2020).
In 1996, pursuant to sections
403.0891 and
403.0893, Florida
Statutes, the City created its stormwater management system funded by
stormwater utility fees assessed on owners of developed property within the
City....
