House Bill hb0919e1

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                                       HB 919, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to Escambia County; codifying,

  3         repealing, amending, and reenacting special

  4         laws relating to the Escambia County Utilities

  5         Authority; providing legislative intent;

  6         declaring the authority to be an independent

  7         special district; restoring words inadvertently

  8         omitted in the preparation of House Bill 1517,

  9         which was enacted as chapter 97-364, Laws of

10         Florida; repealing obsolete provisions;

11         deleting gender-specific references; providing

12         a district charter; providing an effective

13         date.

14

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

16

17         Section 1.  Pursuant to section 189.429, Florida

18  Statutes, this act constitutes the codification of all special

19  acts relating to the Escambia County Utilities Authority. It

20  is the intent of the Legislature in enacting this law to

21  provide a single, comprehensive special act charter for the

22  authority, including all current legislative powers granted to

23  the authority by its several legislative enactments, to repeal

24  certain obsolete provisions, to restore words inadvertently

25  omitted in the preparation of Chapter 97-364, Laws of Florida,

26  and to delete gender-specific references.

27         Section 2.  Chapters 92-248, 93-365, 95-497, and

28  97-364, Laws of Florida, relating to the Escambia County

29  Utilities Authority, are codified, reenacted, amended, and

30  repealed as herein provided.

31


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                                       HB 919, First Engrossed/ntc



  1         Section 3.  The charter for the Escambia County

  2  Utilities Authority is re-created and reenacted to read:

  3         Section 1.  Authority created.--There is hereby created

  4  and established a local governmental body, corporate and

  5  politic, to be known as the "Escambia County Utilities

  6  Authority," hereinafter referred to as the "authority." The

  7  authority is hereby declared to be an independent special

  8  district.

  9         Section 2.  Legislative findings.--The Legislature

10  finds and declares that the health, welfare, and safety of the

11  inhabitants of Escambia County and of the City of Pensacola

12  would be enhanced by the consolidation of certain utility

13  systems and the creation of an independent authority for the

14  purposes hereinafter enumerated: that the consolidation of

15  said utility systems will serve a public purpose; that the

16  consolidated systems will be able to utilize economies of

17  scale and thereby achieve cost savings to the public; that the

18  increased size of the combined utility systems will enhance

19  the likelihood of more favorable financing for the city and

20  county; that the present sewer system of the county is near

21  maximum capacity, while the sewer system of the city presently

22  has excess capacity and is underutilized; and that the

23  consolidation of utility systems may eliminate duplicative

24  staff functions and positions.

25         Section 3.  Purposes.--The authority is created for the

26  purpose of acquiring, constructing, financing, owning,

27  managing, providing, promoting, improving, expanding,

28  maintaining, operating, regulating, franchising, and otherwise

29  having plenary authority with respect to certain utility

30  systems within the territorial limits of Escambia County,

31  Florida, and areas adjacent thereto. It is further the purpose


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                                       HB 919, First Engrossed/ntc



  1  of this act to repose in the authority all powers with respect

  2  to water, sewer, and such other additional utilities as may be

  3  hereafter designated as provided in sections 5(c) and 7(c)

  4  herein, which are now, in the future could be, or could have

  5  been, but for this act, exercised by the City of Pensacola or

  6  Escambia County, Florida.

  7         Section 4.  Governing body.--

  8         (a)  The governing body of the authority shall consist

  9  of five members. Members shall be elected by a majority of

10  their electors in partisan elections utilizing the primary and

11  general election system provided for in chapter 100, Florida

12  Statutes. Candidates shall qualify for nomination to such

13  offices in the manner provided in chapter 99, Florida

14  Statutes, for the qualification of candidates for the office

15  of county commissioner, and shall qualify with the Supervisor

16  of Elections of Escambia County.

17         (b)  Members shall be elected, in the primary and

18  general elections held in 1984, by districts under the

19  district plan of the Board of County Commissioners of Escambia

20  County (hereinafter referred to as the "Board"). Each member

21  shall be an elector of the district from which he or she is

22  elected and shall be elected by the qualified electors of that

23  respective district. Members elected for Districts Two and

24  Four at the general election held in 1984 shall be elected to

25  a 2-year term. Members elected for Districts One, Three, and

26  Five at the general election held in 1984 shall serve for a

27  4-year term. Thereafter each member shall be elected for a

28  term of 4 years. Beginning in 1996, the term of office of each

29  member shall commence on the second Tuesday following the

30  general election in which such member is elected. Upon the

31  expiration of a term of office, a successor to the office


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                                       HB 919, First Engrossed/ntc



  1  shall be elected as designated in this paragraph; however,

  2  upon the occasion of a vacancy for any elected office which

  3  vacancy occurs prior to the expiration of the then present

  4  term of that office, a successor shall be appointed by the

  5  Governor and the successor shall be a resident of the district

  6  in which the vacancy occurred. Any person appointed to fill a

  7  vacancy shall be appointed to serve only for the unexpired

  8  term and until a successor is duly elected.

  9         (c)  Members shall be eligible for reelection.

10         (d)  Before entering upon his or her duties, each

11  member shall take an oath to administer the duties of office

12  faithfully and impartially, and a record of such oath shall be

13  filed in the office of the Secretary of State.

14         (e)  As compensation for performance of duties and

15  responsibilities set forth herein, members of the authority

16  and their successors shall receive from the authority monthly

17  an amount to be determined by majority vote of the members of

18  the authority, not to exceed the amount of compensation

19  received monthly by members of the District School Board of

20  Escambia County, and shall also receive from the authority

21  $200 per month to be used in defraying regular expenses

22  incurred in the performance of the duties of office. Members

23  may receive reimbursement from the authority for additional,

24  unusual, or extraordinary expenses upon approval by the

25  authority.

26         (f)  The authority shall elect a chair and a vice chair

27  from the members of the authority, each of whom shall serve

28  for 1 year or until his or her successor is chosen. The chair,

29  or the vice chair in the chair's absence, shall preside at all

30  meetings of the authority and shall perform such additional

31  duties prescribed by the members or in the bylaws of the


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                                       HB 919, First Engrossed/ntc



  1  authority. The authority shall hold regular meetings at least

  2  monthly at such times and places as it may designate and may

  3  hold more frequent special meetings. A majority of the

  4  membership shall constitute a quorum for the purpose of

  5  meeting and transacting business. Each member of the authority

  6  shall have one vote. The authority may adopt bylaws and may

  7  make all policies, procedures, rules, and regulations not

  8  inconsistent with this act which it may deem necessary

  9  respecting the conduct of its affairs, including, but not

10  limited to, the operation of its utility systems. Such

11  policies, procedures, rules, and regulations shall provide for

12  notice of all public meetings and shall provide that an agenda

13  shall be prepared by the authority in time to ensure that a

14  copy of the agenda will be available at least 3 days before

15  any regular meeting of the authority. After the agenda has

16  been made available, change shall be only for good cause, as

17  determined by the person designated to preside at the meeting,

18  and stated in the record. Special or emergency meetings may be

19  called by the chair upon no less than 24 hours' notice. The

20  authority shall publish and thereafter codify and index all

21  rules, regulations, and resolutions formulated, adopted, or

22  used by the authority in the discharge of its functions. Such

23  rules, regulations, and resolutions shall be made available

24  for public inspection and copying, at no more than cost. The

25  authority shall not be deemed an "agency" within the meaning

26  of chapter 120, Florida Statutes. The authority shall be

27  deemed to be an "agency" within the meaning of chapter 119,

28  Florida Statutes, and all records of the authority shall be

29  open to the public. The authority shall be deemed an "agency"

30  or "authority of the county" for purposes of section 286.011,

31  Florida Statutes, the "Government in the Sunshine Law." In


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                                       HB 919, First Engrossed/ntc



  1  addition to the provisions of the Code of Ethics for Public

  2  Officers and Employees, part III of chapter 112, Florida

  3  Statutes, no consultant to the authority shall have or hold

  4  any employment or contractual relationship with a business

  5  entity other than the authority in connection with any

  6  contract in which the consultant personally participated

  7  through decision, approval, disapproval, recommendation,

  8  rendering of advice, or investigation while the consultant.

  9  However, this provision shall not preclude the award of any

10  contract to a consultant if such contract is awarded after

11  open competitive bidding, and if the consultant submits the

12  low bid.

13         Section 5.  Powers.--

14         (a)  The authority shall have all powers and

15  authorities necessary, convenient, or desirable to accomplish

16  the purposes of this act. In furtherance thereof, the

17  authority shall have:

18         (1)a.  The power to borrow and expend money to pay for

19  any of the purposes of the authority, and to issue its bonds,

20  notes in anticipation of the issuance of bonds, revenue

21  certificates, or other evidences of indebtedness, including

22  obligations issued to refund or refinance same, and to pledge

23  for the repayment of same any revenues of the authority,

24  including any revenues provided to the authority by

25  governmental or other entities for pledge by the authority as

26  security for payment of such obligations, all in the manner

27  and subject to such limitations as may be prescribed by

28  resolution of the authority, including, but not limited to,

29  the powers granted under chapter 125, part I of chapter 153,

30  part I of chapter 159, part II of chapter 166, and chapter

31  170, Florida Statutes, and chapter 57-1313, Laws of Florida.


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                                       HB 919, First Engrossed/ntc



  1  The bonds, notes, certificates, or other evidences of

  2  indebtedness authorized to be issued by this act may be

  3  validated in the manner prescribed in chapter 75, Florida

  4  Statutes. Any complaint for validation permitted by the

  5  preceding sentence shall be filed in the Circuit Court of

  6  Escambia County. The authority may enter into trust agreements

  7  with banks or other corporate entities possessing trust powers

  8  within or without the State of Florida. The authority may

  9  create liens upon or security interests in its assets,

10  properties, funds, or revenues, of whatever kind or nature,

11  and may specify the priority or order of such liens or

12  security interests. Such creation and specification of

13  priority or ordering may be made by resolution of the

14  authority or in a trust agreement to which the authority is a

15  party. The passage of such resolution or the execution of such

16  trust agreement is sufficient to the creation and

17  specification of priority and order of such liens and security

18  interests, and it shall not be necessary to comply with the

19  requirements of the Uniform Commercial Code respecting the

20  filing of a financing statement to perfect a security interest

21  granted by the authority.

22         b.  In the exercise of the powers granted by this

23  paragraph, the authority shall comply in all respects with the

24  requirements of chapter 218, Florida Statutes, as the same may

25  be amended from time to time.

26         (2)  All power and authority heretofore possessed

27  pursuant to law, ordinance, franchise, or otherwise by

28  Escambia County, the Board, the City of Pensacola, or the City

29  Council of the City of Pensacola (hereinafter referred to as

30  the "Council"), or hereafter granted by law, ordinance,

31  franchise, or otherwise to any county, municipality, special


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                                       HB 919, First Engrossed/ntc



  1  district, or other unit of local government insofar as such

  2  powers and authority are related to sewage collection and

  3  disposal, and water supply, including, but not limited to, the

  4  powers granted under chapter 125, chapter 127, part I of

  5  chapter 153, part I of chapter 159, part I of chapter 163,

  6  part II of chapter 166, chapter 170, and chapter 180, Florida

  7  Statutes, and chapter 57-1313, Laws of Florida.

  8         (3)  All powers granted to municipalities with regard

  9  to sewage collection and disposal and water supply granted to

10  municipalities pursuant to chapters 170 and 180, Florida

11  Statutes, including the issuance of bonds or notes in

12  anticipation thereof payable from special assessments under

13  chapter 170, Florida Statutes.

14         (4)  The power to establish service districts and

15  reasonable rate classifications for purposes of providing

16  utilities services. The authority shall endeavor to provide

17  that the costs of any improvements to or expansions of the

18  systems are borne by those users of the systems who benefit

19  from such improvements or expansions.

20         (5)  The power to set, fix, pledge to establish, or

21  establish, levy, or impose assessments, rates, fees, and other

22  charges for the use of and for the services furnished or to be

23  furnished by the authority's systems, and to alter and amend

24  same from time to time, which assessments, rates, fees, and

25  charges, together with other revenues and receipts, shall

26  result in the authority's receiving or possessing an amount

27  not less than is required to operate and maintain a

28  self-liquidating or self-sustaining utility system.

29         (6)  The power of eminent domain, as provided by

30  general law, to carry out the purposes described in this act.

31  As a condition precedent to instituting eminent domain


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                                       HB 919, First Engrossed/ntc



  1  proceedings, the authority shall first receive the approval of

  2  the governing body (either the Board or the Council) of the

  3  jurisdiction in which the subject property is located.

  4         (7)  The power to apply for and accept grants, loans,

  5  and subsidies from any governmental entity for the

  6  construction, operation, and maintenance of the systems,

  7  facilities, or functions under jurisdiction of the authority,

  8  and to comply with all requirements and conditions imposed in

  9  connection therewith.

10         (8)  The power and authority to perform any of its

11  functions by lease or contract with any other public or

12  private entity.

13         (9)  All other powers, not expressly prohibited by the

14  United States or Florida Constitutions or by general law,

15  necessary to effectuate and carry out the purposes and intent

16  of this act.

17         (10)  All privileges, immunities, and exemptions

18  accorded political subdivisions of this state under the

19  provisions of the constitution and laws of the state. Neither

20  the members of the authority nor any person executing any

21  contract or obligation on its behalf shall be personally

22  liable or accountable thereon or by reason thereof.

23         (11)  Only those powers granted by general law to

24  counties or municipalities with respect to mandatory sewer

25  taps or sewer utilization or with respect to the acquisition

26  of privately owned water systems.

27         (12)  The power to purchase, own, convey, sell, lease,

28  rent, or encumber air space, development rights, tower space,

29  or any other interests in property above the surface of any

30  land pursuant to such terms and conditions as the authority in

31  its discretion may determine.


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                                       HB 919, First Engrossed/ntc



  1         (13)  The power to provide any and all utilities

  2  services authorized by this act to areas outside the

  3  territorial limits of Escambia County, but adjacent thereto,

  4  if capacity is available.

  5         (14)  The power to establish civil penalties, including

  6  the imposition of fines, for the violation of rules or

  7  regulations of the authority pertaining to the disposal of

  8  waste or the use of the authority's systems, facilities, or

  9  services. The authority may enforce the rules and regulations

10  adopted pursuant to this section, by suit for injunction or

11  other appropriate action in the courts of the state.

12         (15)  All powers granted to municipalities and to

13  counties with respect to membership and participation in and

14  ownership of any separate legal entity created for the

15  purposes of any financing program or loan pool as set forth in

16  section 163.01(7)(d), Florida Statutes, as the same may be

17  amended from time to time.

18         (b)  Any power granted herein may be exercised by

19  resolution of the authority duly adopted, and any such

20  resolution shall be recorded in the minutes of the authority.

21         (c)(1)  If the authority determines that it is

22  necessary or appropriate for the authority to provide,

23  operate, or maintain resource recovery systems or solid waste

24  collection, distribution, or disposal systems, the authority

25  may specify such additional utility systems by resolution.

26  Upon approval of such resolution by the governmental body of

27  the jurisdiction which such other additional utility system or

28  systems shall serve, the authority, with respect to these

29  specified utility systems, shall be vested with all power set

30  forth herein or in general law that would, but for the

31  provisions of this act, apply to such specified utility


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                                       HB 919, First Engrossed/ntc



  1  systems. All powers granted to the authority by this act

  2  regarding such specified utilities systems shall only apply to

  3  areas outside the corporate limits of the city unless the

  4  Council, by resolution, irrevocably relinquishes its powers to

  5  provide, operate, or maintain such specified utilities systems

  6  or any one of them within the corporate limits of the city.

  7         (2)  In providing, operating, or maintaining resource

  8  recovery systems or solid waste collection, distribution, or

  9  disposal systems, the authority shall use the most

10  cost-effective means of providing such systems and is

11  encouraged to contract with private persons on a competitive

12  basis for any and all such systems in order to ensure that

13  such services are provided on the most cost-effective basis.

14  In accordance with section 403.7063, Florida Statutes, the

15  authority shall not discriminate against private persons who

16  provide resource recovery systems or solid waste collection,

17  distribution, or disposal systems.

18         (3)  The authority shall seek competitive bids for all

19  construction-related activities pertaining to resource

20  recovery systems or solid waste collection, distribution, or

21  disposal systems when the estimated total cost of construction

22  will exceed $5,000.

23         (d)  No listing of powers included in this act is

24  intended to be exclusive or restrictive. On the contrary, it

25  is intended that the authority should have all implied powers

26  necessary or incidental to carrying out the expressed powers

27  and the expressed purposes for which the authority is created.

28  These implied powers include, but are not limited to, the

29  authority to employ personnel, to borrow and expend money, to

30  enter into contractual obligations, to employ legal counsel,

31  and to purchase, lease, sell, or exchange real or personal


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                                       HB 919, First Engrossed/ntc



  1  property. The fact that this act specifically states that the

  2  authority possesses a certain power does not mean that the

  3  authority must exercise such power unless the act specifically

  4  so requires. The authority's power to levy special assessments

  5  shall not be deemed to be the power to levy taxes.

  6         (e)  Except as is hereinafter provided, nothing herein

  7  shall be construed to affect any privately owned water or

  8  sewer utility operating within Escambia County on August 1,

  9  1981, under any franchise, permit, or other authorization from

10  the Board. The Board shall continue to exercise such powers,

11  duties, and functions with regard to such privately owned

12  utilities to the same extent as exercised or allowed prior to

13  August 1, 1981. Any rates set or approved for any privately

14  owned utility by the Board between August 1, 1981, and the

15  effective date of chapter 83-404, Laws of Florida, shall

16  remain in full force and effect and shall not be subject to

17  challenge because of any provisions of chapter 81-376, Laws of

18  Florida. The Board and the authority are authorized to utilize

19  the provisions of section 367.081(4)(b), Florida Statutes, as

20  it may be amended, and the rules of the Florida Public Service

21  Commission adopted pursuant thereto, for the purpose of

22  automatically increasing or decreasing the rates of any

23  privately owned utility over which the Board exercises

24  ratemaking authority or approval, subject to the limitations

25  of such statutes and rules. Any publicly owned or privately

26  owned water utility operating within Escambia County on or

27  after August 1, 1981, under any franchise, permit, or other

28  authorization from the authority, the Board, or the state

29  shall:

30         (1)  Promptly provide to the authority as soon as it is

31  available a copy of its complete water service consumption


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                                       HB 919, First Engrossed/ntc



  1  information with regard to water service customers of such

  2  utility who are also sewer service or solid waste service

  3  customers of the authority or of an entity with which the

  4  authority has an agreement under subsection (i); and

  5         (2)  Upon certification by the authority that any such

  6  customer has failed to pay charges for sewer service or solid

  7  waste service furnished by the authority or by an entity with

  8  which the authority has an agreement under subsection (i) and

  9  has been given notice and a reasonable opportunity to pay such

10  charges, discontinue furnishing water to such customer and

11  disconnect the water supply system of such customer until all

12  such charges and other charges, including interest and charges

13  for the shutting off and discontinuance and the restoration of

14  water service, are paid in full.

15

16  For purposes of interpreting Florida Administrative Code Rule

17  25-30.320, the authority shall be considered an "affiliated

18  utility" of any such water utility. The authority shall

19  promptly reimburse to such cooperating water utility the

20  reasonable cost of providing a copy of its water service

21  billing information and of disconnecting its water service.

22         (f)  The authority shall enter into an agreement with

23  each entity furnishing solid waste collection service to

24  customers who are required by the Board to subscribe for such

25  service. Upon certification to the authority by such entity

26  that a customer has failed to pay charges for solid waste

27  service furnished by it and has been given notice and a

28  reasonable opportunity to pay such charges, the authority:

29         (1)  Shall, if the customer is a customer of water from

30  the authority, discontinue furnishing water to such customer

31  and disconnect the water supply of such customer until all


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                                       HB 919, First Engrossed/ntc



  1  such charges, including interest and charges for the shutting

  2  off and discontinuance and the restoration of water service,

  3  are paid in full; or

  4         (2)  Shall certify the information provided by such

  5  entity to any utility providing water service to the customer,

  6  if the customer is also a customer of water from the water

  7  utility. The entity shall promptly reimburse the authority for

  8  amounts paid to a water utility under subsection (e) on its

  9  behalf.

10         Section 6.  Public purpose.--The Legislature finds and

11  declares that the creation of the authority and the carrying

12  out of its purposes are in all respects for the benefit of the

13  people of this state, Escambia County, and the City of

14  Pensacola; that the authority is performing an essential

15  governmental function; that all property of such authority is

16  and shall in all respects be considered to be public property,

17  and title to such property shall be held by the authority for

18  the benefit of the public; that the use of such property,

19  until disposed of upon such terms as the authority may deem

20  just, shall be for essential public and governmental purposes;

21  and that all bonds, notes, revenue certificates, or other

22  evidences of indebtedness and interest or income thereon and

23  all of the property, facilities, services, and activities of

24  the authority are declared to be nontaxable for any and all

25  purposes by the state or any unit of government herein to the

26  same extent as if owned or issued by or on behalf of a county

27  or municipality of the state.

28         Section 7.  Transfer of assets and liabilities.--

29         (a)  The City of Pensacola and Escambia County are

30  hereby specifically authorized and directed to convey to the

31  authority the water and sewer systems of each, and the


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                                       HB 919, First Engrossed/ntc



  1  authority is authorized and directed to accept such systems,

  2  upon payment to the City of Pensacola of $10 million as fair

  3  compensation for the loss of revenues from its water systems,

  4  plus the amount necessary to defease all outstanding

  5  obligations of the city with respect to its water and sewer

  6  systems and upon payment to the county of the amount necessary

  7  to defease all outstanding obligations of the county with

  8  respect to its water and sewer systems. However, if adequate

  9  provisions can be made to protect the rights of the county and

10  the holders of the obligations relating to the county's Water

11  and Sewer District Number One, then such obligations shall be

12  transferred to the authority; otherwise, the authority shall

13  pay to the county such amount as is necessary to defease the

14  outstanding obligations of Water and Sewer District Number

15  One. Furthermore, the rights of the holders of outstanding

16  obligations issued by the City of Pensacola and Escambia

17  County to finance their respective water and sewer systems

18  shall be protected and shall not be deemed to be abridged or

19  denied by the transfer herein authorized. Upon the transfer of

20  any such systems to the authority, adequate provision shall be

21  made for the payment of such obligations; whereupon, all

22  rights of the holder in the property of the city or county or

23  authority shall terminate. Upon payment of the compensation

24  mentioned above, the city and county shall transfer to the

25  authority all properties, both real and personal,

26  improvements, facilities, and assets of the city's and

27  county's water and sewer systems. To consummate the sale as

28  aforementioned, revenue bonds shall be issued and sold by the

29  authority as soon as practicable after the authority organizes

30  and commences its activities.

31


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                                       HB 919, First Engrossed/ntc



  1         (b)  When such transfers have been completed, the

  2  authority shall assume all rights and obligations of ownership

  3  and management of the water and sewer systems of the City of

  4  Pensacola and Escambia County. Any and all legal commitments,

  5  contracts, or other obligations heretofore entered into or

  6  assumed by the City of Pensacola or Escambia County in

  7  connection with the programs, activities, or functions

  8  transferred are hereby charged to and shall be performed by

  9  the authority. However, accounts receivable and debts of the

10  city and the county that are due and payable prior to the date

11  of such transfer shall remain the property or the obligation

12  of the city or the county.

13         (c)  Upon majority vote of the authority and of the

14  governmental body affected, and upon payment of fair

15  compensation by the authority, such governmental body shall be

16  authorized to transfer to the authority, and the authority

17  shall be authorized to accept, any resource recovery system or

18  solid waste collection, distribution, or disposal system of

19  such governmental body. The amount of such compensation shall

20  be agreed upon by the governmental body and the authority.

21  However, the rights of the holders of any outstanding bonds,

22  notes, revenue certificates, or other evidence of indebtedness

23  issued to finance such system shall be protected and shall not

24  be deemed to be abridged or denied by the transfer herein

25  authorized. Nothing herein contained shall preclude the

26  limitation or alteration of any and all such rights of such

27  holders if and when adequate provision shall be made for the

28  retirement of such bonds, notes, revenue certificates, or

29  other evidence of indebtedness.

30         (d)  The City of Pensacola, Escambia County, or any

31  other governmental entity shall be authorized in its


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                                       HB 919, First Engrossed/ntc



  1  discretion to cooperate with or contract with the authority,

  2  on any matter necessary, incidental, or convenient, for such

  3  funding as will effectuate the purposes of this act,

  4  including, but not limited to, agreements authorizing the

  5  pledge of any legally available revenues as security for and

  6  for payment of any bonds, notes, revenue certificates, or

  7  other evidence of indebtedness of the authority, interest or

  8  redemption premium thereon, and other necessary expenses or

  9  costs in connection with such bonds, notes, revenue

10  certificates, or other evidence of indebtedness. Such legally

11  available revenues may be so provided, used, or pledged,

12  notwithstanding the provisions of any other law; provided,

13  however, that ad valorem taxes may be so provided and used

14  only after full compliance with the Constitution of the State

15  of Florida, and provided further that nothing herein shall be

16  deemed or operate to impair the rights of the holders of any

17  outstanding obligations secured by such revenues, until such

18  time as provision for payment of such obligations shall have

19  been made.

20         Section 8.  Franchise fees.--The Council is hereby

21  authorized to impose a franchise fee upon the authority

22  system; provided, however, that the authority is authorized to

23  pass on said fee only to in-city users of the system, which

24  shall be reflected on the city bills.

25         Section 9.  Rate setting procedure.--

26         (a)  The authority shall fix the initial schedule of

27  assessments, rates, fees, and other charges for the use of and

28  for the services furnished or to be furnished by the

29  authority's facilities, to be paid by the owner, tenant, or

30  occupant of each lot or parcel of property which may be

31  connected with and use any such facility by or through any


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                                       HB 919, First Engrossed/ntc



  1  part of the water, or other additional utility systems of the

  2  authority.

  3         (b)  After the system or systems shall have been in

  4  operation, the authority may revise such schedule of

  5  assessments, rates, fees, and charges from time to time. Such

  6  assessments, rates, fees, and charges shall be so fixed and

  7  revised as to provide funds, with other funds available for

  8  such purposes, sufficient at all times to pay the cost of

  9  maintaining, repairing, and operating the system or systems,

10  including the reserves for such purposes and for replacements

11  and depreciation and necessary extensions, to pay the

12  principal of and the interest on any bonds as the same shall

13  become due and the reserves therefor, and to provide a margin

14  of safety for making such payments, all in accordance with

15  section 5(a)(5). The authority shall charge and collect the

16  assessments, rates, fees, and charges so fixed or revised.

17         (c)  Such assessments, rates, fees, and charges shall

18  be just and equitable and may be based or computed upon the

19  quantity of water consumed, upon the number and size of sewer

20  connections, upon the number and kind of plumbing fixtures in

21  use in the premises connected with the sewer system, upon the

22  number or average number of persons residing or working in or

23  otherwise connected with such premises, upon any other factor

24  affecting the use of the facilities furnished, or upon any

25  combination of the foregoing factors. Prior to fixing or

26  revising such schedule of rates, fees, and charges, the

27  authority shall cause to be prepared a statement of financial

28  impact. Such statement shall be made available to the public

29  during the rate-making procedure.

30         (d)  In cases where the amount of water furnished to

31  any building or premises is such that it imposes an


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                                       HB 919, First Engrossed/ntc



  1  unreasonable burden upon the water system, an additional

  2  charge may be made therefor, or the authority may, if it deems

  3  it advisable, require the owners or occupants of such building

  4  or premises to reduce the amount of water consumed thereon in

  5  a manner to be specified by the authority, or the authority

  6  may refuse to furnish water to such building or premises.

  7         (e)  In cases where the character of the sewage from

  8  any manufacturing or industrial plant or any building or

  9  premises is such that it imposes an unreasonable burden upon

10  any sewage disposal system, an additional charge may be made

11  therefor, or the authority may, if it deems it advisable,

12  require such manufacturing or industrial plant or such

13  building or premises to treat such sewage in such manner as

14  shall be specified by the authority before discharging such

15  sewage into any sewer lines owned or maintained by the

16  authority.

17         (f)  The authority may charge any owner or occupant of

18  any building or premises receiving the services of the

19  facilities herein provided such initial installation or

20  connection charge or fee as the authority may determine to be

21  just and reasonable.

22         (g)(1)  Except as hereinafter provided in paragraph

23  (2), no assessments, rates, fees, or charges shall be fixed

24  under the foregoing provisions of this section until after a

25  public hearing at which all of the users of the authority's

26  facilities and owners, tenants, and occupants of property

27  served or to be served thereby and all others interested shall

28  have an opportunity to be heard concerning the proposed

29  assessments, rates, fees, and charges. After the adoption by

30  the authority of a resolution setting forth the preliminary

31  schedule or schedules fixing such assessments, rates, fees,


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                                       HB 919, First Engrossed/ntc



  1  and charges, notice of such public hearing setting forth the

  2  schedule or schedules of assessments, rates, fees, and charges

  3  shall be given:

  4         a.  By publication in a newspaper of general

  5  circulation in the affected area;

  6         b.  By mail to all persons and organizations that have

  7  made requests for advance notice of the authority's

  8  proceedings; and

  9         c.  By posting in appropriate places so that affected

10  persons may be duly notified.

11

12  Such publication, mailing, and posting of notice shall occur

13  at least 14 days prior to the public hearing. Such hearing may

14  be adjourned from time to time. After such hearing, such

15  preliminary schedule or schedules, either as originally

16  adopted or as modified or amended, shall be adopted and put

17  into effect. The assessments, rates, fees, or charges so fixed

18  for any users or property served shall be extended to cover

19  any additional users or property thereafter served that fall

20  within the same class or classes without the necessity of any

21  hearing or notice.

22         (2)  The authority may fix the assessments, rates,

23  fees, and charges to be paid by any such user, owner, tenant,

24  or occupant as the authority reasonably finds to be unique

25  with respect to its use of the authority's systems or

26  facilities. Such assessments, rates, fees, and charges may be

27  fixed by resolution adopted at any regular meeting, or any

28  special meeting of the authority called for that purpose, and

29  such resolution shall state the basis for such finding.

30         (3)  A copy of the schedule or schedules of such

31  assessments, rates, fees, and charges as finally fixed in such


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                                       HB 919, First Engrossed/ntc



  1  resolution shall be kept on file in the headquarters of the

  2  authority and shall be open to inspection by all parties

  3  interested.

  4         (4)  Any change or revision of any assessments, rates,

  5  fees, or charges may be made in the same manner as such

  6  assessments, rates, fees, or charges were originally

  7  established as hereinabove provided.

  8         Section 10.  Personnel.--

  9         (a)  The authority is empowered to appoint, remove, and

10  suspend employees or agents of the authority and fix their

11  compensation within the guidelines established by the Escambia

12  County Civil Service Rules.

13         (b)  The authority may provide social security for its

14  employees pursuant to the provisions of chapter 650, Florida

15  Statutes, and may bring its employees under the Florida

16  Retirement System, the State and County Officers and Employees

17  Retirement System, or any other qualified retirement program.

18         (c)  On the effective date of the transfer of assets

19  set forth in section 7, all employees of the Escambia County

20  Department of Utilities and of the City of Pensacola

21  Department of Utilities that theretofore had been assigned to

22  the Escambia Water and Sewer Utilities Authority created by

23  virtue of that certain interlocal agreement dated November 25,

24  1980, and any other such employee who may be designated by the

25  city or the county prior to the effective date of the transfer

26  of assets referred to above, shall be transferred to the

27  authority and shall continue without loss of benefits as

28  employees of the authority.

29         (d)  Employees who are transferred to the authority and

30  who are members of the retirement systems available to

31  employees of the City of Pensacola or Escambia County shall


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                                       HB 919, First Engrossed/ntc



  1  not lose those pension or retirement rights or any reserves

  2  accrued to their benefit during the period of their employment

  3  by the city or the county. Such employees may elect to retain

  4  the pension and retirement rights accrued during the period of

  5  their employment by the city or the county. Any employee so

  6  electing shall give written notice of his or her election,

  7  within 30 days or such longer period of time determined by the

  8  authority after the effective date of the transfer, to the

  9  City Manager of the City of Pensacola or to the County

10  Administrator of Escambia County, as appropriate, who shall

11  then process the notice. In the event any employees elect to

12  retain their pension and retirement rights accrued during the

13  period of their employment with the city or the county, or

14  prior to such election, the authority shall pay into the

15  appropriate retirement system during the period that such

16  employees remain as authority employees, such sums of money as

17  are paid by the city or the county for the benefit of such

18  employees in order to guarantee their continuing participation

19  in such retirement program. The authority may make appropriate

20  deductions from the employees' salaries to preserve their

21  retirement benefits.

22         (e)  Employees who, prior to being transferred to the

23  authority, were members of the general pension system of the

24  City of Pensacola and who do not elect to continue to accrue

25  additional rights to benefits thereunder shall be entitled to

26  the same rights under such system as would be afforded to

27  persons who had voluntarily left the employ of the City of

28  Pensacola as of September 30, 1981. Such rights shall be

29  determined in accordance with the special laws governing such

30  system, and shall include, but shall not be limited to, the

31  right to receive a pension effective as of September 30, 1981,


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                                       HB 919, First Engrossed/ntc



  1  or such later date as the employee attains the age or length

  2  of service as an employee of the City of Pensacola as is

  3  required for eligibility to receive a pension, to retain

  4  vested rights, or to withdraw contributions, depending on the

  5  employee's length of service as of September 30, 1981. The

  6  enjoyment of such rights shall not be deemed to be a change of

  7  benefits within the meaning of section 112.63(3), Florida

  8  Statutes. The payment of such benefits as may be payable on

  9  account of service as an employee of the City of Pensacola

10  shall be the obligation of the City of Pensacola, through its

11  general pension and retirement fund.

12         (f)  Employees of the authority are subject to the

13  civil service system of Escambia County and to the policies

14  and rules of the Civil Service Board.

15         Section 11.  Personnel appeals board.--

16         (a)  There shall be appointed a personnel appeals board

17  comprised of two members appointed by the authority, two

18  members chosen by employees of the authority classified below

19  the level of department head, and one member appointed by the

20  other four members. The members of the board shall serve a

21  term of 1 year. An appointment to a vacant position on the

22  board shall be filled in the manner of the original

23  appointment to that position. The board shall hear appeals

24  from suspensions, demotions, or dismissals or of employees of

25  the authority classified below the level of department head

26  and not designated as other key staff personnel by the

27  authority as provided in section 13. The decisions of the

28  board on such appeals shall be final, subject to review by the

29  Circuit Court of Escambia County. The board may investigate

30  and make recommendations to the executive director of the

31  authority on major policy and procedural questions relating to


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                                       HB 919, First Engrossed/ntc



  1  personnel management and on individual grievances by

  2  employees. However, the recommendations of the board on such

  3  matters shall be advisory only. The board may employ legal

  4  counsel, and a reasonable budget for such purpose shall be

  5  provided by the authority. The executive director of the

  6  authority shall provide the administrative services required

  7  by the board.

  8         (b)  Notwithstanding anything provided herein or in any

  9  special or general act to the contrary, the rights and

10  benefits herein granted shall be in lieu of and substitution

11  for any rights and benefits such employees may have had under

12  any civil service or personnel system of the City of Pensacola

13  or Escambia County.

14         Section 12.  Process and procedure.--

15         (a)  Any person wishing to appeal an action of the

16  authority that directly affects his or her substantial

17  interests may file a petition for review within 10 days of the

18  date the complained of action is taken. The authority shall

19  consider such petitions for review and shall take action at a

20  public meeting to grant or deny such petitions within 40 days

21  of receipt.

22         (b)  If the petition is granted, the petitioner, or his

23  or her counsel, shall be afforded an opportunity, at a

24  mutually convenient time and place and after reasonable

25  written notice, to present to the authority or its designee

26  written or oral evidence in opposition to the authority's

27  action. If a material issue of disputed fact is involved, the

28  authority shall appoint a hearing officer to preside. The

29  hearing officer shall hear the evidence and shall prepare

30  recommended findings of fact and conclusions of law for

31  approval of the authority.


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                                       HB 919, First Engrossed/ntc



  1         (c)  Decisions of the authority shall be in writing and

  2  shall contain findings of fact and conclusions of law. A

  3  person aggrieved by a decision of the authority shall have the

  4  same rights and remedies that would have been available to him

  5  or her under general law if the action complained of had been

  6  taken by Escambia County or the City of Pensacola.

  7         Section 13.  Executive director.--The authority shall

  8  employ and fix the compensation of an executive director, who

  9  shall manage the affairs of the utilities systems under the

10  supervision of the authority and direct the activities of the

11  employees of the authority. The executive director shall

12  devote his or her entire working time to the performance of

13  his or her duties and not have outside employment or business.

14  The executive director shall be a college graduate. The

15  executive director must either possess a degree in science,

16  engineering, business management, or public administration or,

17  alternatively, must be a licensed and registered engineer. The

18  executive director shall have at least 6 years of experience

19  in the field of engineering, operations, or management of a

20  utility system of size comparable to or larger than the water

21  and sewer system of the City of Pensacola in 1981. The

22  authority may allow the substitution of additional years of

23  administrative or management experience in lieu of the

24  specific educational or professional requirements set forth

25  above. The executive director, the assistant executive

26  director, the department heads, and such other key staff

27  personnel so designated by the authority shall not be included

28  within any civil service system or be under the jurisdiction

29  of the personnel appeals board.

30         Section 14.  Fiscal year and budget.--The fiscal year

31  of the authority shall begin on the first day of October and


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                                       HB 919, First Engrossed/ntc



  1  end on the last day of September of the following year. Prior

  2  to the beginning of each fiscal year, the authority shall

  3  adopt an annual budget that shall be balanced and that shall

  4  detail the anticipated expenses and revenues of the authority

  5  for the forthcoming fiscal year.

  6         Section 15.  Execution of documents; payment of

  7  bills.--All instruments in writing necessary to be executed by

  8  the authority shall be executed by the executive director upon

  9  authorization by the authority or by such other officer,

10  agent, or employee of the authority as it may by resolution

11  designate. The authority shall provide for the examination of

12  all payrolls, bills, and other claims and demands against the

13  authority to determine, before the same are paid, that they

14  are duly authorized, in proper form, correctly computed, and

15  legally due and payable and that the authority has funds on

16  hand to make payment.

17         Section 16.  Management efficiency audit.--The

18  authority shall contract for a management efficiency audit by

19  a private firm within 1 year of the effective date of the act,

20  and at intervals of at least 3 years thereafter, to review

21  program results and make recommendations for the proper,

22  efficient, and economical operation and maintenance of the

23  utilities systems, facilities, and functions under supervision

24  of the authority.

25         Section 17.  Citizens' advisory committee.--The

26  authority shall make provision for and appoint a citizens'

27  advisory committee or committees. The appointees to such

28  committees shall have no personal or business ties with the

29  authority that could be construed as a conflict of interest.

30         Section 18.  Enforcement and penalties.--Any violation

31  of rules or regulations of the authority pertaining to the


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                                       HB 919, First Engrossed/ntc



  1  disposal of waste or the use of the authority's systems,

  2  facilities, or services is declared to be a noncriminal

  3  violation and shall be punishable by fine, forfeiture, or

  4  penalty. Such fine, forfeiture, or penalty shall be

  5  established by resolution of the authority, and shall not

  6  exceed $500 for each violation. However, the authority may

  7  specify, by resolution, that violation of a rule or regulation

  8  of the authority is punishable by fine, forfeiture, or penalty

  9  in an amount exceeding $500 but not exceeding $2,000 per day,

10  if the authority must have authority to punish a violation of

11  such rule or regulation by a fine, forfeiture, or penalty in

12  an amount greater than $500 in order for the authority to

13  carry out a federally mandated program. Any resolution of the

14  authority establishing such fine, forfeiture, or penalty may

15  provide that each day of a continuing violation shall

16  constitute a separate violation. Violations of such authority

17  rules and regulations may be prosecuted in the same manner as

18  misdemeanors, or pursuant to section 5(a)(14) of this act. If

19  such violations are prosecuted in the same manner as

20  misdemeanors, they may be enforced by local law enforcement

21  agencies and prosecuted in the name of the state in a court

22  having jurisdiction of misdemeanors by the prosecuting

23  attorney thereof. All fines, forfeitures, and penalties

24  imposed for violations of authority rules and regulations

25  shall be paid to the authority, provided that the local law

26  enforcement agency be reimbursed from such fines, forfeitures,

27  and penalties for its cost of enforcement.

28         Section 19.  The provisions of this act shall be

29  liberally construed to effectuate the purposes set forth

30  herein.

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                                       HB 919, First Engrossed/ntc



  1         Section 20.  If any provision of this act or the

  2  application thereof to any person or circumstance is held

  3  invalid, the invalidity shall not affect other provisions or

  4  applications of the act that can be given effect without the

  5  invalid provision or application and to this end the

  6  provisions of this act are declared severable.

  7         Section 4.  Chapters 81-376, 82-390, 83-403, 83-404,

  8  84-427, 84-428, 85-410, 86-451, 89-473, 91-349, 91-403,

  9  92-248, 93-365, 95-497, and 97-364, Laws of Florida, and

10  section 3 of chapter 91-335, Laws of Florida, are repealed.

11         Section 5.  This act shall take effect upon becoming a

12  law.

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