Florida Senate - 2015                                     SB 442
       
       
        
       By Senator Altman
       
       
       
       
       
       16-00582-15                                            2015442__
    1                        A bill to be entitled                      
    2         An act relating to local government services; amending
    3         s. 153.03, F.S.; authorizing a county to provide
    4         certain services and facilities outside the boundaries
    5         of a municipality without the express consent of the
    6         municipality’s governing body under certain
    7         circumstances; amending s. 180.02, F.S.; prohibiting a
    8         municipality from extending its corporate powers
    9         within unincorporated areas of a county without the
   10         express consent of the county’s governing body;
   11         providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (1) of section 153.03, Florida
   16  Statutes, is amended to read:
   17         153.03 General grant of power.—Any of the several counties
   18  of the state which may hereafter come under the provisions of
   19  this chapter as hereinafter provided is hereby authorized and
   20  empowered:
   21         (1) To purchase or and/or construct and to improve, extend,
   22  enlarge, and reconstruct a water supply system or systems or
   23  sewage disposal system or systems, or both, within such county
   24  and any adjoining county or counties and to purchase or and/or
   25  construct or reconstruct water system improvements or sewer
   26  improvements, or both, within such county and any adjoining
   27  county or counties and to operate, manage, and control all such
   28  systems so purchased or and/or constructed and all properties
   29  pertaining thereto and to furnish and supply water and sewage
   30  collection and disposal services to any of such counties and to
   31  any municipalities and any persons, firms or corporations,
   32  public or private, in any of such counties.; provided, However,
   33  that none of the facilities provided by this chapter may be
   34  constructed, owned, operated, or maintained by the county on
   35  property located within the corporate limits of any municipality
   36  without the consent of the governing council, commission or body
   37  having general legislative authority in the government of such
   38  municipality unless such facilities were owned by the county on
   39  such property prior to the time such property was included
   40  within the corporate limits of such municipality. A No county
   41  may not shall furnish any of the facilities or services provided
   42  by this chapter to a any property already being furnished such
   43  like facilities or services by a any municipality without the
   44  express consent of the governing council, commission or body
   45  having general legislative authority in the government of such
   46  municipality, unless the facilities or services are being
   47  provided outside the boundary of the municipality and the prior
   48  consent agreement between the parties related to the provision
   49  of such facilities or services has expired.
   50         Section 2. Subsection (2) of section 180.02, Florida
   51  Statutes, is amended to read:
   52         180.02 Powers of municipalities.—
   53         (2) A Any municipality may extend and execute all of its
   54  corporate powers to accomplish applicable for the accomplishment
   55  of the purposes of this chapter outside of its corporate limits,
   56  as hereinafter provided and as may be desirable or necessary to
   57  promote for the promotion of the public health, safety, and
   58  welfare or to accomplish for the accomplishment of the purposes
   59  of this chapter.; provided, However, such that said corporate
   60  powers do shall not extend or apply within the corporate limits
   61  of another municipality or extend or apply within the
   62  unincorporated areas of a county without the express consent of
   63  the governing body of such county.
   64         Section 3. This act shall take effect July 1, 2015.