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CHAPTER 2 LEGAL AUTHORITY TO ESTABLISH STORMWATER UTILITES EXECUTIVE SUMMARY Florida cities and counties have inherent home rule authority and specific statutory authority to adopt stormwater regulations and to create stormwater utility systems. They may fund the construction and operation of stormwater utilities through general taxation, or through imposition of user fees and special assessments. A user fee is lawful if it is imposed in proportion to the capital and operational costs attributable to the customer's impact on the entire stormwater utility. The allocation of such costs may be based on the quantity of stormwater treated, its contribution to total pollutant loading of the utility, or a combination of the two. A special assessment is lawful if it is imposed in proportion to the special benefit or value conferred on real property by the availability of the utility. In practice, these disparate standards are often blurred by the courts. Exemptions from assessments are provided for certain users, and in addition may be granted for other users so long as the remaining users pay no more than their proportional shares. Credits should be considered for those users who provide onsite facilities relieving the burden on the public stormwater utility. Fees may be collected through a periodic billing system, and liens may be imposed for unpaid bills. Assessments may be imposed for benefits received, and may be collected annually in conjunction with ad valorem tax billings.
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