Senate Bill 0926

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


    Florida Senate - 1999                                   SB 926

    By Senator Cowin





    11-381-99

  1                      A bill to be entitled

  2         An act relating to water and wastewater

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

  4         for county governing bodies to approve or

  5         disapprove changes in water and wastewater

  6         utility rates; amending s. 367.081, F.S.;

  7         requiring the Florida Public Service Commission

  8         to notify the county governing body of certain

  9         proposed changes in water and wastewater

10         utility rates; providing that such changes may

11         not be implemented without approval of the

12         county governing body; amending s. 367.011,

13         F.S.; removing exclusive authority of the

14         commission with respect to water and wastewater

15         utility rates; providing an effective date.

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

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

20  125.01, Florida Statutes, is amended to read:

21         125.01  Powers and duties.--

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

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

24  extent not inconsistent with general or special law, this

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

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

27  and disposal, water and alternative water supplies, including,

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

29  storage and recovery and desalination systems, and

30  conservation programs.

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






    Florida Senate - 1999                                   SB 926
    11-381-99




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

  2  person within the county demonstrate the existence of some

  3  arrangement or contract by which such person will dispose of

  4  solid waste in a manner consistent with county ordinance or

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

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

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

  8  require satisfactory proof of a contract or similar

  9  arrangement by which such special or biomedical wastes will be

10  collected by a qualified and duly licensed collector and

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

12  Federal Government.

13         3.  When the governing body of a county receives notice

14  from the Florida Public Service Commission that the commission

15  has tentatively approved a change in rates for water service

16  or wastewater service in the county, the governing body has 30

17  days within which it must, by resolution, either approve the

18  new rate or disapprove the new rate and state the reasons for

19  its disapproval.  The governing body shall notify the Florida

20  Public Service Commission of its action within 5 days after

21  adopting such a resolution.

22         Section 2.  Subsection (9) is added to section 367.081,

23  Florida Statutes, to read:

24         367.081  Rates; procedure for fixing and changing.--

25         (9)  After the commission approves a change in water or

26  wastewater rates, it shall notify the governing body of the

27  county in which the utility provides the service of the

28  proposed change at least 40 days before the date the

29  commission proposes for the change to take effect.  If the

30  governing body of the county fails to take action to approve

31  the proposed change within 30 days after it receives

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






    Florida Senate - 1999                                   SB 926
    11-381-99




  1  notification of the proposed change from the commission and to

  2  notify the commission of its action, the proposed change may

  3  not take effect.  The proposed change may be implemented only

  4  with the approval of the governing board of the county.

  5  However, this subsection does not apply to changes resulting

  6  from a price increase or decrease index established by the

  7  commission under subsection (4), nor does it apply to interim

  8  rates authorized under s. 367.082.

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

10  Statutes, is amended to read:

11         367.011  Jurisdiction; legislative intent.--

12         (2)  The Florida Public Service Commission shall have

13  exclusive jurisdiction over each utility with respect to its

14  authority and, service, and rates.

15         Section 4.  Rates for water service and wastewater

16  service which are in effect on January 1, 2000, shall continue

17  until changed in accordance with this act.

18         Section 5.  This act shall take effect January 1, 2000.

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21                          SENATE SUMMARY

22    Provides that proposed changes to water and wastewater
      utility rates, other than interim rates and rates changed
23    under a price increase or decrease index, approved by the
      Florida Public Service Commission may not be implemented
24    without the approval of the governing body of the county
      in which the changed rates are to be imposed.
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