Florida Senate - 2008 SB 1180

By Senator Fasano

11-02371-08 20081180__

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A bill to be entitled

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An act relating to the acquisition of a privately owned

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water-wastewater utility system; providing legislative

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findings and intent with respect to the need for the Pasco

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County Board of County Commissioners to acquire Aloha

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Utilities, Inc.; providing definitions; requiring the

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Department of Environmental Protection to distribute

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financial assistance to Pasco County for the purpose of

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acquiring Aloha Utilities, Inc.; requiring the county to

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issue bonds to fully fund the acquisition; requiring the

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department to report to the Governor and the Legislature

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by a specified date; providing an appropriation; providing

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an effective date.

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

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     Section 1. Program to acquire a privately owned water-

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wastewater utility system.--

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     (1) The Legislature finds that those portions of Pasco

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County which are served by Aloha Utilities, Inc., a privately

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owned water-wastewater utility system, are experiencing a present

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threat to the environment and a present threat to the health of

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the utility customers. In addition, the monopoly utility's lack

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of a working customer service program and lack of responsiveness

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to customer complaints has created a breakdown in trust that is

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irreconcilable. It is therefore the intent of the Legislature to

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appropriate funds to Pasco County for the purpose of acquiring

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Aloha Utilities, Inc.

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     (2) As used in this section, the term:

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     (a) "Pasco County" means the Pasco County Board of County

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Commissioners.

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     (b) "Department" means the Department of Environmental

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Protection.

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     (c) "Aloha Utilities, Inc.," means the privately owned

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water-wastewater company franchised by Pasco County to operate in

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certain portions of the county.

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     (3) The department shall distribute financial assistance to

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Pasco County in the form of an appropriation for the purpose of

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acquiring Aloha Utilities, Inc., at its fair market value. Pasco

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County shall issue bonds to fully fund the purchase of Aloha

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Utilities, Inc.

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     (4) By January 1, 2009, the department shall provide to the

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Governor, the President of the Senate, and the Speaker of the

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House of Representatives a report concerning the status of the

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acquisition by Pasco County of Aloha Utilities, Inc.

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     Section 2. The sum of $6 million in nonrecurring revenue is

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appropriated from the General Revenue Fund to the Department of

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Environmental Protection to distribute to Pasco County for the

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purpose of funding the acquisition of Aloha Utilities, Inc.

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     Section 3.  This act shall take effect July 1, 2008.

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