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FloridaHB 40952026House

Headwaters Water Control District, Indian River County

Sponsored By: Robert A. "Robbie" Brackett (Republican)

Signed by Governor

AppropriationIntergovernmental Affairs SubcommitteeState Affairs CommitteeHouse CalendarRules

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 0 costs, 4 mixed.

Headwaters and Fellsmere divide canal upkeep

Headwaters must maintain all of Lateral U Canal; Fellsmere keeps lawful use rights within its boundary. Headwaters also maintains the Main Canal segment inside Fellsmere extending one mile east from Lateral U's centerline. Fellsmere maintains the remaining Main Canal and the Park Lateral Canal within its boundary. These duties include dredging and water-plant control; Lateral U and Main Canal upkeep must meet the 2017 Fellsmere plan's service standards, as amended. Neither district has maintenance duties or liability for the Main Canal work assigned to the other; Headwaters also has none for Park Lateral upkeep. Headwaters keeps lawful use of the full Main Canal and its historic drainage rights through Park Lateral. Each district may cross the other's property where Lateral U meets Park Lateral when reasonably needed for canal work or emergency repairs.

Districts can recover neglected canal costs

Each district is responsible for facilities within its boundary and actions by itself or its landowners that harm canal drainage. When required maintenance is neglected, the other district may do corrective work and seek repayment, including attorney fees. The district at fault gets at least 30 days' written notice to fix the problem. Starting repairs within that period and steadily pursuing them protects the district from liability under this rule; reasonable extensions are required. Emergencies allow immediate action without those waiting periods, but telephone and email notice must come before work begins.

Headwaters landowners vote by acreage

District landowners elect five supervisors, with one vote per acre; owners holding less than one acre get one vote. After acreage is combined, a leftover fraction greater than one-half acre earns an extra vote. Supervisors must be landowners or landowner officers, Florida residents, and U.S. citizens. State rules govern board pay, meetings, reports, financial disclosures, and public records. Charter changes require a special state law, and requests for added powers require 60 days' notice to Fellsmere and Indian River County before the legislative delegation meeting. District properties remain subject to city and county planning rules and the recorded Annexation Agreement.

New Headwaters district can charge landowners

The law creates Headwaters as an independent public water-control district covering about 19,691 acres in Indian River County. It gives Headwaters state water-control powers, except where those rules conflict with this law. Headwaters can issue bonds, notes, and other debt under state law. It can also charge property assessments not based on property value, plus fees and service charges. The law does not set a household charge amount.

Water districts must plan canal use

Headwaters and Fellsmere must adopt a joint water-management plan by October 1, 2027. It must cover emergency canal use and other situations consistent with the system's original permitted design. Future changes to the 2017 Fellsmere plan involving Lateral U, Main, or Park Lateral canals require collaboration with Headwaters. Disputed amendment language must first go through the state's administrative dispute-resolution program; either district can request a formal hearing if unresolved. The districts split state administrative hearing costs equally and each pays its own legal fees and expenses.

Sponsors & Cosponsors

Sponsor

  • Robert A. "Robbie" Brackett

    Republican • House

Cosponsors

  • Intergovernmental Affairs Subcommittee

    Affiliation unavailable

  • State Affairs Committee

    Affiliation unavailable

Roll Call Votes

All Roll Calls

Yes: 146 • No: 0

Senate vote • 3/11/2026

Senate Floor Vote

Yes: 36 • No: 0

House vote • 3/3/2026

House Floor Vote

Yes: 110 • No: 0

Actions Timeline

  1. Chapter No. 2026-224; Companion bill(s) passed, see CS/HB 4093 (Ch. 2026-223)

    7/1/2026

  2. Approved by Governor

    6/8/2026

  3. Signed by Officers and presented to Governor

    5/27/2026

  4. Ordered enrolled

    3/11/2026House

  5. In Messages

    3/11/2026House

  6. CS passed; YEAS 36 NAYS 0 -SJ 794

    3/11/2026Senate

  7. Read 3rd time -SJ 794

    3/11/2026Senate

  8. Read 2nd time -SJ 794

    3/11/2026Senate

  9. Placed on Calendar, on 2nd reading

    3/11/2026Senate

  10. Withdrawn from Rules -SJ 785

    3/11/2026Senate

  11. Placed on Local Calendar, 03/11/26

    3/9/2026Senate

  12. Received

    3/3/2026Senate

  13. Referred to Rules

    3/3/2026Senate

  14. In Messages

    3/3/2026Senate

  15. CS passed; YEAS 110, NAYS 0

    3/3/2026House

  16. Read 3rd time

    3/3/2026House

  17. Added to Third Reading Calendar

    3/3/2026House

  18. Read 2nd time

    3/3/2026House

  19. Bill added to Special Order Calendar (3/3/2026)

    2/26/2026House

  20. Added to Second Reading Calendar

    2/26/2026House

  21. 1st Reading (Committee Substitute 2)

    2/25/2026House

  22. Bill referred to House Calendar

    2/25/2026House

  23. CS Filed

    2/24/2026House

  24. Laid on Table under Rule 7.18(a)

    2/24/2026House

  25. Reported out of State Affairs Committee

    2/24/2026House

Bill Text

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