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The Florida Senate

2007 Florida Statutes

Section 153.90, Florida Statutes 2007

153.90  Legislative findings and declarations.--

(1)  The Legislature hereby finds and declares as follows:

(a)  That providing modern, efficient wastewater facilities is vital to the health and general welfare of the citizens of the state;

(b)  That the construction, rehabilitation, operation, and maintenance of wastewater facilities are essential to economic growth and development in the state;

(c)  That protection of taxpayers requires that wastewater services be provided on an economical basis consistent with service and safety standards;

(d)  That alternative methods of financing the construction, operation, and improvement of wastewater facilities must be developed and encouraged;

(e)  That although public entities currently have broad home rule powers and other statutory authority to enter into certain types of privatization agreements, the ability of public entities to provide efficient wastewater facilities will be enhanced by specifically authorizing public entities to enter into long-term privatization contracts for the performance of wastewater facility functions by private firms;

(f)  That wastewater facility privatization contracts will allow private firms to utilize their expertise, experience, and resources to enable public entities to provide modern, efficient wastewater services while protecting the rights and interests of citizens; and

(g)  That Executive Order No. 12803 provides relief to public entities from repayment of federal grant awards where the public entity enters into a wastewater facility privatization contract consistent with the requirements of this act and existing law, and public entities should be encouraged to take advantage of that relief.

(2)  The Legislature therefore determines that it is in the public interest of the state to supplement and enhance the authority of public entities to solicit, negotiate, and enter into contracts with private entities for the financing, designing, acquisition, ownership, leasing, construction, improvement, operation, maintenance, and administration, or any combination thereof, of wastewater facilities.

(3)  It is the intent of the Legislature that the provisions of this act be liberally construed in order to accomplish their purposes and that the provisions of this act shall be in addition and supplemental to powers conferred by any other law.

History.--s. 1, ch. 96-202.