HB 0129 2003
1	A bill to be entitled
2	An act relating to water and wastewater utility
3	facilities; requiring a water or wastewater utility
4	facility to be subject to county commission jurisdiction
5	under certain circumstances; authorizing a local
6	government to purchase a facility and establish rates for
7	service; providing exceptions; amending s. 367.021, F.S.;
8	revising a definition; repealing s. 163.01(7)(g), F.S.,
9	relating to the Florida Interlocal Cooperation Act of
10	1969; providing an effective date.
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12	Be It Enacted by the Legislature of the State of Florida:
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14	Section 1.(1) Notwithstanding the provisions of s.
15	367.022, Florida Statutes, any water or wastewater utility
16	facility acquired after September 1, 2003, by a legal entity
17	created under s. 163.01(7)(g), Florida Statutes, outside of the
18	territorial limits of the members of the entity shall be subject
19	to county commission jurisdiction in the county where services
20	are provided and received unless the ownership of the facility
21	is transferred to one of the entities described in subsection
22	(2) or subsection (3) of this act. Such transfer must be
23	completed within 12 months after the effective date of this act.
24	(2)(a) The local government within which the water or
25	wastewater utility facility is located may purchase the
26	facility. Prior to taking any official action on the purchase,
27	the local government shall obtain from the separate legal entity
28	created under s. 163.01, Florida Statutes, the most recent
29	available income and expense statement, balance sheet, and
30	statement of rate base, any contributions in aid of
31	construction, and any other necessary information concerning the
32	facility to be purchased.
33	(b) The local government may establish rates which are
34	just, reasonable, compensatory, and not unfairly discriminatory.
35	In establishing the rates, the local government shall consider
36	the value and quality of the service and the cost of providing
37	the service, which shall include, but not be limited to, debt
38	interest; the requirements of the utility for working capital;
39	and maintenance, depreciation, tax, and operating expenses
40	incurred in the operation of all property used and useful in the
41	public service.
42	(3) If the local government does not wish to purchase the
43	water or wastewater utility facility, it shall:
44	(a) Establish government authority as defined in s.
45	367.021, Florida Statutes, to purchase and operate the facility
46	on behalf of the local government; or
47	(b) Petition the circuit court of the judicial circuit in
48	which the utility facility is domiciled to appoint a receiver.
49	The receiver shall operate the utility on behalf of the local
50	government from the date of transfer until such time as the
51	receiver disposes of the property of the utility in a manner
52	designed to continue the efficient and effective operation of
53	utility service.
54	Section 2.Paragraph (g) of subsection (7) of section
55	163.01, Florida Statutes, is repealed.
56	Section 3. Subsection (7) of section 367.021, Florida
57	Statutes, is amended to read:
58	367.021 Definitions.--As used in this chapter, the
59	following words or terms shall have the meanings indicated:
60	(7) "Governmental authority" means a political
61	subdivision, as defined by s. 1.01(8), a regional water supply
62	authority created pursuant to s. 373.1962, or a nonprofit
63	corporation formed for the purpose of acting on behalf of a
64	political subdivision with respect to a water or wastewater
65	utilityfacility.
66	Section 4. This act shall take effect upon becoming a law.
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