| 1 | A bill to be entitled |
| 2 | An act relating to the City of Vero Beach, Indian River |
| 3 | County; providing that the City of Vero Beach Electric |
| 4 | Utility is a public utility for purposes of chapter 366, |
| 5 | F.S., and is subject to the jurisdiction of the Florida |
| 6 | Public Service Commission; requiring that the city set |
| 7 | rates that are fair, just, and reasonable; prescribing |
| 8 | criteria for the establishment of the revenue requirement; |
| 9 | providing that the Florida Public Service Commission has |
| 10 | the authority to enforce the provisions of this act and is |
| 11 | authorized to adopt rules; providing that the utility |
| 12 | shall not be considered a public utility and shall not be |
| 13 | required to comply with this act under certain |
| 14 | circumstances; providing an effective date. |
| 15 |
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| 16 | WHEREAS, it is determined by the Legislature to be in the |
| 17 | best interest of the customers that the rates of the City of |
| 18 | Vero Beach Electric Utility be fair, just, and reasonable, and |
| 19 | WHEREAS, the City of Vero Beach Electric Utility makes |
| 20 | transfers to the City of Vero Beach General Fund of |
| 21 | approximately $5 million annually, and |
| 22 | WHEREAS, a significant number of customers of the utility |
| 23 | reside outside of the City of Vero Beach and are not represented |
| 24 | by the City of Vero Beach, NOW, THEREFORE: |
| 25 |
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| 26 | Be It Enacted by the Legislature of the State of Florida: |
| 27 |
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| 28 | Section 1. Notwithstanding sections 366.02(1) and |
| 29 | 366.11(1), Florida Statutes, the City of Vero Beach Electric |
| 30 | Utility shall be considered a public utility for purposes of |
| 31 | chapter 366, Florida Statutes, and shall be subject to the |
| 32 | jurisdiction of the Florida Public Service Commission. |
| 33 | Section 2. The rates charged by the City of Vero Beach |
| 34 | shall be fair, just, and reasonable, in accordance with chapter |
| 35 | 366, Florida Statutes, as determined by the Florida Public |
| 36 | Service Commission. |
| 37 | Section 3. Nothing in this act prohibits the City of Vero |
| 38 | Beach from levying a municipal utility tax on the utility |
| 39 | customers residing within the city boundaries, or from seeking a |
| 40 | county electric surcharge to be applied to customers residing |
| 41 | outside the city, if a cost differential for providing service |
| 42 | outside the city can be justified. |
| 43 | Section 4. The Florida Public Service Commission shall |
| 44 | have jurisdiction to enforce the provisions of this act and is |
| 45 | authorized to adopt rules to implement this act. |
| 46 | Section 5. The City of Vero Beach Electric Utility shall |
| 47 | not be considered a public utility as described in section 1 and |
| 48 | shall not be required to comply with the provisions of this act |
| 49 | if the City of Vero Beach Electric Utility ceases to provide |
| 50 | service for customers residing outside of the City of Vero |
| 51 | Beach. |
| 52 | Section 6. This act shall take effect July 1, 2011. |