After passing in the Florida House, Lake County Water Authority bill is in the Senate

LEESBURG — House Bill 1105 has recently cleared a major hurdle — it passed in the Florida House of Representatives, and is now being considered in the Senate.

HB 1105, sponsored by Rep. Keith Truenow, R-Tavares, would transform the way the Lake County Water Authority operates. The bill would change the water authority from an independent district comprised of elected members to a dependent district, its members appointed by the Lake County Commission.

The bill has drawn praise from some who see it as a move for government efficiency, but ire from others who argue for the merits of the water authority and, in particular, its elected board.

Earlier coverage: Government efficiency or 'hostile takeover'? Water Authority bill advances in legislature

Local opinion on House Bill 1105: From the Left: No more ‘authority’ for the Lake County Water Authority?

More in Florida politics: High school students across Florida walk out to protest 'Don't Say Gay' bill

If it passes

The Lake County Water Authority is a local agency dedicated to improving the quality of the county's freshwater resources.

The agency was established by the legislature in 1953. According to Florida statue, its purview includes:

• Controlling and conserving the freshwater resources of Lake County

• Fostering improvements to streams, lakes and canals in the county

• Improving the fish and aquatic wildlife in the county by improving the streams, lakes, and canals in the county

• Protecting the freshwater resources of Lake County through assisting local governments in the treating of storm water runoff

The agency also operates some parks, notably Hickory Point Park, a 68-acre multi-use facility on State Road 19 adjacent to Little Lake Harris.

It's the only board like it in the state.

If HB 1105 passes, the way the agency operates would completely change in 30 to 60 days.

All assets and responsibilities would be transferred to the county.

The biggest change, however, is how the board itself would morph.

If the bill passes, electors would have less power in deciding who sits on the board. The agency is currently run by a seven-member publicly elected board, but this legislation would make it a board of five members appointed by the county. With this shift, the commission would also approve the water authority's budget and millage rate.

Other changes include renaming the agency from the "Lake County Water Authority" to the "Lake County Water District" and removing the water authority's ability to operate passive parks.

The county commission didn't pitch this bill to Truenow, and, as a board, have stayed neutral on the measure.

Truenow has told his colleagues he filed the bill to streamline services, "provide better oversight," and eliminate taxing duplications with the county, which oversees parks, and the St. Johns Water Management District, a regional agency focused on water quality.

How HB 1105 fared in the Florida House

House Bill 1105 passed in the House by a 77-38 vote, and was sent to the Senate. Rep. Anthony Sabatini, R-Clermont, who represent parts of Lake County, voted in favor of the bill.

During its time in House committees, some of Truenow's fellow lawmakers disagreed with his characterization of the bill as a way to streamline government, and instead saw it as hostile takeover and a way to diminish voters' power.

Among them was Rep. Joy Goff-Marcil, D-Maitland. On Feb. 18, Goff-Marcil filed an amendment that would require a referendum in November, giving power to the voters to decide whether or not they want to keep the water authority.

The bill, as its written, was concerning to Lake County Attorney Melanie Marsh as well as the water authority's legal counsel, Lewis, Longman and Walker, who argued that an elected board can't be nixed by the legislature, but must be approved by voters through a referendum election.

"We are getting rid of an elected board that is doing their job well. That makes no sense. 30 days. 30 days after this bill becomes law these seven elected officials are thrown out of office and replaced by five county commissioner appointees for four year terms. The county commission has enough to do without adding the responsibilities of this current water authority," Goff-Marcil said on the House floor. "The water authority manages mitigation lands, donated lands, and outright parks. There has been no good planning on how the county commission would take this over and how those lands would still be protected. Even if you aren’t concerned about the environmental negative ramifications of this bill you can safely vote no based on taxation without representation. This bill changes a governing body with taxing authority from elected to appointed."

Goff-Marcil's amendment had the support of multiple community leaders including Mayor Crissy Stile of Mount Dora and Mayor Evelyn Wilson of Groveland.

"I am always supporting putting votes to the people," Stile said. "I think when you're trying to alter a governing body it is something that may be voted on by the people. But I would say that for any bill. A change in a governing board should certainly be something that's voted on by the people."

But despite this community support, the amendment failed on the House floor. And the bill itself passed on Feb. 24.

In debate, Rep. Sam Garrison, R-Fleming Island, argued that the bill itself was local, and had been approved unanimously by the state legislators who represent Lake County. Because of its narrow focus and support from Lake legislators, he encouraged his colleagues to vote for its passage.

"This bill Representative Truenow and his fellow members of the Lake County delegation unanimously voted to bring forward is a local bill, streamlines government, and supports the good work currently being done by the water management districts who by the way are not directly elected and also have taxing authority,” Garrison said.

Not enough time?

Lake County Commissioner Kirby Smith openly supports House Bill 1105, but has raised a few questions about the transition — specifically the 30 to 60 day timeframe to shift operations from the water authority to the county.

“I don’t think it’s going to be enough time to have a smooth transition," Smith said. "I think that we’re going to need more than 60 days to make a full transition. However, we can start the transition process within that time for sure."

Smith says that there is a possibility that the county commission would be able to extend this time frame themselves.

“It almost looks as though we can change the time frame to whatever we want once the bill passes," Smith said. It just has to be done in a public meeting so I think we’re okay on that. I believe our attorney is still looking into it but I don’t know. As far as I know we can revise, repeal, and amend the bill as we see fit after the bill becomes law."

Smith says one of the top priorities to complete before the bill becomes law is to do a function task inventory into the water authority.

“So there are a lot of things that the water authority does that some of us may not realize," Smith said. "So what does that all entail? What are all of the functions that the water authority does today? I know that they do recreational parks, passive parks, clean up waterways, and there’s other functions that they do that we as a board need to fully understand so we can have a smooth transition when this happens — when and if this happens."

Smith also wants an audit done into the spending of the water authority.

“There needs to be an audit so we know where the money has gone and how much money is there," he said.

He and the board are also discussing the potential need for an interlocal agreement between the new water district and the county commission.

"That’s just one of the thoughts that I had with our board members to see their reactions and get their responses on it and the county attorney. There may not be a need for an interlocal agreement but there may be and I just wanted to bring that up to get people’s thoughts," Smith said.

But despite concerns about the transition, Smith is still an avid supporter of the bill.

"I believe this is a good way to streamline government and to encumber our resources together," Smith said.

What's next for HB 1105

HB 1105 didn't have a twin in the Senate, so its time in the other chamber has just begun.

What are its chances?

It has been assigned to the Rules Committee, but not yet placed on an agenda for consideration.

For a bill to pass, it typically needs to clear any assigned committees before a majority vote on both floors, then get the seal of approval from the governor.

After Gov. Ron DeSantis signs the bill, it will then be in the hands of the county to deal with.

But the 60-day session is set to end Friday.

As for Stile and Smith, both think it's got a pretty good chance.

"Based on the previous votes, it looks like it's going to pass," Stile said. "I think it's moved through pretty quickly as its been so I wouldn't be surprised if it's passed especially because the amendment failed too."

Smith underscored the bill's success so far.

“It’s a local bill that’s passed the House, it’s going to the Senate, and I don’t believe there’s going to be much opposition on the Senate’s side," Smith said.

This article originally appeared on Daily Commercial: Lake County Water Authority bill passes in Florida House, now in Senate