House Bill 3739

    Florida House of Representatives - 1998                HB 3739

        By Representative Kelly






  1                      A bill to be entitled

  2         An act relating to water and wastewater

  3         utilities; amending s. 125.01, F.S.;

  4         prescribing the authority of county governing

  5         bodies with respect to water and wastewater

  6         utility rates; amending ss. 350.011, 367.011,

  7         F.S.; removing authority from the Florida

  8         Public Service Commission with respect to water

  9         and wastewater rates; providing an effective

10         date.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Paragraph (k) of subsection (1) of section

15  125.01, Florida Statutes, is amended to read:

16         125.01  Powers and duties.--

17         (1)  The legislative and governing body of a county

18  shall have the power to carry on county government.  To the

19  extent not inconsistent with general or special law, this

20  power includes, but is not restricted to, the power to:

21         (k)1.  Provide and regulate waste and sewage collection

22  and disposal, water and alternative water supplies, including,

23  but not limited to, reclaimed water and water from aquifer

24  storage and recovery and desalination systems, and

25  conservation programs.

26         2.  The governing body of a county may require that any

27  person within the county demonstrate the existence of some

28  arrangement or contract by which such person will dispose of

29  solid waste in a manner consistent with county ordinance or

30  state or federal law.  For any person who will produce special

31  wastes or biomedical waste, as the same may be defined by

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 3739

    90-395-98






  1  state or federal law or county ordinance, the county may

  2  require satisfactory proof of a contract or similar

  3  arrangement by which such special or biomedical wastes will be

  4  collected by a qualified and duly licensed collector and

  5  disposed of in accordance with the laws of Florida or the

  6  Federal Government.

  7         3.  The governing body of each county has exclusive

  8  authority to regulate rates for water and wastewater services

  9  within the county.

10         Section 2.  Section 350.011, Florida Statutes, is

11  amended to read:

12         350.011  Florida Public Service Commission;

13  jurisdiction; powers and duties.--The state regulatory agency

14  heretofore known as the Florida Railroad and Public Utilities

15  Commission or Florida Public Utilities Commission shall be

16  known and hereafter called Florida Public Service Commission,

17  and all rights, powers, duties, responsibilities,

18  jurisdiction, and judicial powers now vested in said Railroad

19  and Public Utilities Commission or said Florida Public

20  Utilities Commission and the commissioners thereof are vested

21  in the Florida Public Service Commission and the commissioners

22  thereof, except that the powers of the commission do not

23  include the power to regulate rates for water and wastewater

24  service.  Whenever reference is made to the Florida Railroad

25  and Public Utilities Commission or Florida Public Utilities

26  Commission and the commissioners thereof in the laws of the

27  state previously enacted or enacted at this session of the

28  Legislature, such reference shall be construed to mean the

29  Florida Public Service Commission and the commissioners

30  thereof and all appropriations for the use of said Railroad

31  and Public Utilities Commission or Florida Public Utilities

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 3739

    90-395-98






  1  Commission and the members thereof for the biennium or

  2  continuing in nature previously made or made at this session

  3  of the Legislature, shall be construed to be for the use of

  4  said Florida Public Service Commission and the commissioners

  5  thereof, to be used for the purposes set out in the laws

  6  making said appropriations; provided, however, the change in

  7  name of said regulatory agency shall in nowise affect any

  8  pending causes and proceedings, existing notices, orders,

  9  certificates, permits, licenses, or authorities previously

10  granted or any action previously taken by the Florida Railroad

11  and Public Utilities Commission or Florida Public Utilities

12  Commission.

13         Section 3.  Subsection (2) of section 367.011, Florida

14  Statutes, is amended to read:

15         367.011  Jurisdiction; legislative intent.--

16         (2)  The Florida Public Service Commission shall have

17  exclusive jurisdiction over each utility with respect to its

18  authority and, service, and rates.

19         Section 4.  Rates for water service and wastewater

20  service which are in effect on January 1, 1999, shall continue

21  until changed by the governing body of the county in which the

22  service is provided.

23         Section 5.  This act shall take effect January 1, 1999.

24

25            *****************************************

26                          SENATE SUMMARY

27    Transfers the authority to set rates for water and
      wastewater utility services from the Florida Public
28    Service Commission to the governing bodies of the
      respective counties.
29

30

31

                                  3