Senate Bill sb2062c1

    Florida Senate - 2001                           CS for SB 2062

    By the Committee on Comprehensive Planning, Local and Military
    Affairs; and Senator Peaden




    316-1801-01

  1                      A bill to be entitled

  2         An act relating to local government regulation

  3         of water or wastewater utilities; amending s.

  4         367.171, F.S.; providing for regulation of

  5         certain utilities by certain counties;

  6         prohibiting exercise of eminent domain by

  7         certain governmental entities under certain

  8         circumstances; providing an effective date.

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

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12         Section 1.  Subsection (8) of section 367.171, Florida

13  Statutes, is amended to read:

14         367.171  Effectiveness of this chapter.--

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

16  of this chapter or adopts a resolution pursuant to subsection

17  (1) shall regulate the rates of all utilities in that county

18  which would otherwise be subject to regulation by the

19  commission pursuant to s. 367.081(1), (2), (3), and (6). The

20  county shall not regulate the rates or charges of any system

21  or facility which would otherwise be exempt from commission

22  regulation pursuant to s. 367.022(2). No county, or authority

23  or district within such county, shall exercise the power of

24  eminent domain over any water or wastewater utility system or

25  facility regulated by such county pursuant to this chapter, or

26  which has been regulated by such county within the preceding 5

27  years, unless the county demonstrates that the utility system

28  or facility to be condemned constitutes a present danger to

29  the public health or has been abandoned. For this purpose the

30  county or its agency shall proceed as though the county or

31  agency is the commission. In all proceedings conducted by a

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






    Florida Senate - 2001                           CS for SB 2062
    316-1801-01




  1  county or its agency under the authority of this chapter, the

  2  provisions of ss. 120.569 and 120.57 shall apply.

  3         Section 2.  This act shall take effect upon becoming a

  4  law.

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  6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  7                             SB 2062

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  9  The committee substitute qualifies the prohibition against
    counties exercising the power of eminent domain over water or
10  wastewater facilities regulated by such county to allow
    condemnation where the county demonstrates that the facilities
11  pose a present danger to the public health or are abandoned.

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