House Bill 0367c1

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    Florida House of Representatives - 2000              CS/HB 367

        By the Committee on Utilities & Communications and
    Representatives Argenziano and Russell





  1                      A bill to be entitled

  2         An act relating to water and wastewater

  3         systems; amending s. 166.041, F.S.; providing

  4         for notice and public hearings for rates

  5         changes for municipal water and sewer

  6         utilities; amending s. 350.0611, F.S.;

  7         requiring the Public Counsel to provide legal

  8         representation in proceedings before counties

  9         under certain circumstances; amending s.

10         367.171, F.S.; requiring county rate

11         proceedings to follow certain provisions of the

12         Administrative Procedure Act; providing an

13         effective date.

14

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

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17         Section 1.  Paragraph (d) is added to subsection (3) of

18  section 166.041, Florida Statutes, to read:

19         166.041  Procedures for adoption of ordinances and

20  resolutions.--

21         (3)

22         (d)  Ordinances initiated by the municipality that

23  change the rates, charges, or fees of any municipal water or

24  sewer utility shall be enacted pursuant to the following

25  procedure:

26         1.  Each municipality that provides utility services

27  shall create and maintain a list of persons who request, in

28  writing, that they receive a copy of all notices required by

29  this paragraph to be mailed to customers and real property

30  owners.  The governing body shall direct the clerk of the

31  governing body to maintain the list of persons who have

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  1  requested notice.  The list of persons who have requested

  2  notice shall be kept available for public inspection during

  3  the regular business hours of the office of the clerk of the

  4  governing body.  The governing body shall direct the clerk of

  5  the governing body to notify by mail each person who has

  6  requested notice, each customer of the municipal utility, and

  7  each real property owner whose land is, or may be, subject to

  8  the rates, charges, or fees by enactment of an ordinance that

  9  changes such rates, charges, or fees. The real property owners

10  who shall receive notice pursuant to this paragraph shall be

11  those whose address is known by reference to the latest ad

12  valorem tax records.  The notice shall state the substance of

13  the proposed ordinance as it affects the customers and real

14  property owners and shall set a time and place for two public

15  hearings on such ordinance advertised as provided in this

16  paragraph.  Such notice shall be given at least 30 days prior

17  to the date set for the first public hearing, and a copy of

18  the notice shall be kept available for public inspection

19  during the regular business hours of the office of the clerk

20  of the governing body.

21         2.  In addition to the notice by mail required in this

22  paragraph, the governing body shall schedule and provide for

23  advertisement of the public hearings as follows:

24         a.  The local governing body shall hold two advertised

25  public hearings on the proposed ordinance and may, upon the

26  conclusion of the second hearing, immediately adopt the

27  ordinance.  At least one hearing shall be held after 5 p.m. on

28  a weekday, unless the local governing body, by a majority plus

29  one vote, elects to conduct that hearing at another time of

30  day.  The first public hearing shall be held at least 7 days

31  after the day that the first advertisement is published.  The

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    Florida House of Representatives - 2000              CS/HB 367

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  1  second hearing shall be held at least 10 days after the first

  2  hearing and shall be advertised at least 5 days prior to the

  3  public hearing.

  4         b.  The required advertisements shall be no less than 2

  5  columns wide by 10 inches long in a standard size or a tabloid

  6  size newspaper, and the headline in the advertisement shall be

  7  in a type no smaller than 18 point.  The advertisement shall

  8  not be placed in that portion of the newspaper where legal

  9  notices and classified advertisements appear.  The

10  advertisement shall be placed in a newspaper of general paid

11  circulation and of general interest and readership in the

12  municipality and current and proposed service territory of the

13  municipal water or sewer utility, not one of limited subject

14  matter, pursuant to chapter 50.  It is the legislative intent

15  that, whenever possible, the advertisement appear in a

16  newspaper that is published at least 5 days a week unless the

17  only newspaper in the municipality and current and proposed

18  service territory is published less than 5 days a week.  The

19  advertisement shall be in substantially the following form:

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21                    NOTICE OF (TYPE OF) CHANGE

22                                 

23         The ... (name of local government unit)... proposes to

24  adopt the following ordinance:....(title of the ordinance)....

25         A public hearing on the ordinance will be held on

26  ...(date and time)... at...(meeting place).

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28  The advertisement shall contain a geographic location map

29  which clearly indicates the area covered by the proposed

30  ordinance.  The map shall include major street names as a

31  means of identification of the general area.

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    Florida House of Representatives - 2000              CS/HB 367

    193-151-00






  1         Section 2.  Section 350.0611, Florida Statutes, is

  2  amended to read:

  3         350.0611  Public Counsel; duties and powers.--It shall

  4  be the duty of the Public Counsel to provide legal

  5  representation for the people of the state in proceedings

  6  before the commission and in proceedings before counties

  7  pursuant to s. 367.171(8).  The Public Counsel shall have such

  8  powers as are necessary to carry out the duties of his or her

  9  office, including, but not limited to, the following specific

10  powers:

11         (1)  To recommend to the commission, by petition, the

12  commencement of any proceeding or action or to appear, in the

13  name of the state or its citizens, in any proceeding or action

14  before the commission and urge therein any position which he

15  or she deems to be in the public interest, whether consistent

16  or inconsistent with positions previously adopted by the

17  commission, and utilize therein all forms of discovery

18  available to attorneys in civil actions generally, subject to

19  protective orders of the commission which shall be reviewable

20  by summary procedure in the circuit courts of this state.;

21         (2)  To have access to and use of all files, records,

22  and data of the commission available to any other attorney

23  representing parties in a proceeding before the commission.;

24         (3)  In any proceeding in which he or she has

25  participated as a party, to seek review of any determination,

26  finding, or order of the commission, or of any hearing

27  examiner designated by the commission, in the name of the

28  state or its citizens.;

29         (4)  To prepare and issue reports, recommendations, and

30  proposed orders to the commission, the Governor, and the

31  Legislature on any matter or subject within the jurisdiction

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    Florida House of Representatives - 2000              CS/HB 367

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  1  of the commission, and to make such recommendations as he or

  2  she deems appropriate for legislation relative to commission

  3  procedures, rules, jurisdiction, personnel, and functions.;

  4         (5)  To appear before other state agencies, federal

  5  agencies, and state and federal courts in connection with

  6  matters under the jurisdiction of the commission, in the name

  7  of the state or its citizens.

  8         Section 3.  Subsection (8) of section 367.171, Florida

  9  Statutes, is amended to read:

10         367.171  Effectiveness of this chapter.--

11         (8)  Each county which is excluded from the provisions

12  of this chapter shall regulate the rates of all utilities in

13  that county which would otherwise be subject to regulation by

14  the commission pursuant to s. 367.081(1), (2), (3), and (6).

15  The county shall not regulate the rates or charges of any

16  system or facility which would otherwise be exempt from

17  commission regulation pursuant to s. 367.022(2).  For this

18  purpose the county or its agency shall proceed as though the

19  county or agency is the commission. In all proceedings

20  conducted by a county or its agency under the authority of

21  this chapter, the provisions of ss. 120.569 and 120.57 shall

22  apply.

23         Section 4.  This act shall take effect upon becoming a

24  law.

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