House Bill hb0949e2

                                       CS/HB 949, Second Engrossed



  1                      A bill to be entitled

  2         An act relating to local government regulation

  3         of water or wastewater utilities; amending s.

  4         367.0816, F.S.; requiring a reduction in

  5         utility rates by the amount of certain rate

  6         case expenses after a time certain; amending s.

  7         367.171, F.S.; providing for regulation of

  8         certain utilities by certain counties;

  9         prohibiting exercise of eminent domain by

10         certain governmental entities under certain

11         circumstances; striking provisions relating to

12         the application of ss. 120.569 and 120.57 to

13         county proceedings; providing an effective

14         date.

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

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18         Section 1.  Section 367.0816, Florida Statutes, is

19  amended to read:

20         367.0816  Recovery of rate case expenses.--The amount

21  of rate case expense determined by the commission pursuant to

22  the provisions of this chapter to be recovered through a

23  public utilities rate shall be apportioned for recovery over a

24  period of 4 years. At the conclusion of the recovery period,

25  the rate of the public utility shall be reduced immediately by

26  the amount of rate case expense previously included in rates.

27         Section 2.  Subsection (8) of section 367.171, Florida

28  Statutes, is amended to read:

29         367.171  Effectiveness of this chapter.--

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

31  of this chapter or adopts a resolution pursuant to subsection


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






                                       CS/HB 949, Second Engrossed



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

  2  which would otherwise be subject to regulation by the

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

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

  5  or facility which would otherwise be exempt from commission

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

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

  8  eminent domain over any water or wastewater utility system or

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

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

11  years, unless the county demonstrates that the utility system

12  or facility to be condemned constitutes a present danger to

13  the public health, the environment, or has been abandoned. For

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

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

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

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

18  apply.

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

20  law.

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