House Bill hb0949e1

                                    CS/HB 949, First Engrossed/ntc



  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, the environment, or has been abandoned. For

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

31  the county or agency is the commission. In all proceedings


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                                    CS/HB 949, First Engrossed/ntc



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

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

  3  apply.

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

  5  law.

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