Senate Bill sb2062

    Florida Senate - 2001                                  SB 2062

    By Senator Peaden





    1-1394-01

  1                      A bill to be entitled

  2         An act relating to water and wastewater

  3         utilities; amending s. 367.171, F.S.;

  4         prohibiting the exercise of eminent domain

  5         powers over water and wastewater utilities

  6         regulated by a county; providing an effective

  7         date.

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

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11         Section 1.  Subsection (8) of section 367.171, Florida

12  Statutes, is amended to read:

13         367.171  Effectiveness of this chapter.--

14         (8)  Each county that which is excluded from the

15  provisions of this chapter or adopts a resolution under

16  subsection (1) shall regulate the rates of all utilities in

17  that county which would otherwise be subject to regulation by

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

19  The county shall not regulate the rates or charges of any

20  system or facility which would otherwise be exempt from

21  commission regulation pursuant to s. 367.022(2).  A county or

22  any authority or district thereof shall not exercise the right

23  of eminent domain over any water or wastewater utility system

24  or facility regulated by that county under this chapter. For

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

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

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

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

29  apply.

30         Section 2.  This act shall take effect upon becoming a

31  law.

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






    Florida Senate - 2001                                  SB 2062
    1-1394-01




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  2                          SENATE SUMMARY

  3    Prohibits a county from exercising the right of eminent
      domain over water or wastewater utilities regulated by
  4    that county.

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