Senate Bill 2210
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 2210
By Senator Kurth
15-1169-98
1 A bill to be entitled
2 An act relating to water and wastewater
3 systems; amending s. 367.045, F.S.; requiring a
4 utility that applies for an initial certificate
5 of authorization to perform water and
6 wastewater services to provide specified notice
7 of the application; providing an effective
8 date.
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Paragraph (a) of subsection (1), and
13 subsections (3) and (4) of section 367.045, Florida Statutes,
14 are amended to read:
15 367.045 Certificate of authorization; application and
16 amendment procedures.--
17 (1) When a utility applies for an initial certificate
18 of authorization from the commission, it shall:
19 (a) Provide notice of the actual application by public
20 advertisement in a newspaper that is of general paid
21 circulation in the county where the service is to be provided
22 and that is of general interest and readership in the county
23 pursuant to chapter 50 in the format prescribed by s.
24 163.3184(15)(c), and provide such notice by certified mail,
25 return receipt requested, filed by mail or personal delivery
26 to the governing body of any the county or municipality and
27 any system owner city affected, to the Public Counsel, to the
28 commission, and to such other persons and in such other manner
29 as may be prescribed by commission rule;
30 (3) If, within 30 days after public notice is given
31 that the application has been found complete by the commission
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 2210
15-1169-98
1 the last day that notice was mailed or published by the
2 applicant, whichever is later, the commission does not receive
3 written objection to the notice, the commission may dispose of
4 the application without hearing. If the applicant is
5 dissatisfied with the disposition, it may bring a proceeding
6 under ss. 120.569 and 120.57.
7 (4) If, within 30 days after public notice is given
8 that the application has been found complete by the commission
9 the last day that notice was mailed or published by the
10 applicant, whichever is later, the commission receives from
11 the Public Counsel, a governmental authority, or a utility or
12 consumer who would be substantially affected by the requested
13 certification or amendment a written objection requesting a
14 proceeding pursuant to ss. 120.569 and 120.57, the commission
15 shall order such proceeding conducted in or near the area for
16 which application is made, if feasible. Notwithstanding the
17 ability to object on any other ground, a county or
18 municipality has standing to object on the ground that the
19 issuance or amendment of the certificate of authorization
20 violates established local comprehensive plans developed
21 pursuant to ss. 163.3161-163.3211. If a consumer, utility, or
22 governmental authority or the Public Counsel requests a public
23 hearing on the application, such hearing must, if feasible, be
24 held in or near the area for which application is made; and
25 the transcript of such hearing and any material submitted at
26 or before the hearing must be considered as part of the record
27 of the application and any proceeding related thereto.
28 Section 2. This act shall take effect upon becoming a
29 law.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 2210
15-1169-98
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2 SENATE SUMMARY
3 Requires a utility that applies for an initial
certificate of authorization from the Public Service
4 Commission to provide water or wastewater services to
give notice by advertisement in a newspaper of general
5 circulation and by certified mail, return receipt
requested, to the governing body of the county or
6 municipality, any system owner, and other persons
affected by such service.
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