House Bill hb0949

    Florida House of Representatives - 2001                 HB 949

        By Representative Attkisson






  1                      A bill to be entitled

  2         An act relating to local government regulation

  3         of water or wastewater utilities; amending s.

  4         367.171, F.S.; providing for regulation of

  5         certain utilities by certain counties;

  6         prohibiting exercise of eminent domain by

  7         certain governmental entities under certain

  8         circumstances; providing an effective date.

  9

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

11

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

13  Statutes, is amended to read:

14         367.171  Effectiveness of this chapter.--

15         (8)  Each county which is excluded from the provisions

16  of this chapter or adopts a resolution pursuant to subsection

17  (1) shall regulate the rates of all utilities in that county

18  which would otherwise be subject to regulation by the

19  commission pursuant to s. 367.081(1), (2), (3), and (6).  The

20  county shall not regulate the rates or charges of any system

21  or facility which would otherwise be exempt from commission

22  regulation pursuant to s. 367.022(2). No county, or authority

23  or district within such county, shall exercise the power of

24  eminent domain over any water or wastewater utility system or

25  facility regulated by such county pursuant to this chapter.

26  For this purpose the county or its agency shall proceed as

27  though the county or agency is the commission. In all

28  proceedings conducted by a county or its agency under the

29  authority of this chapter, the provisions of ss. 120.569 and

30  120.57 shall apply.

31

                                  1

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






    Florida House of Representatives - 2001                 HB 949

    743-104-01






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

  2  law.

  3

  4            *****************************************

  5                          HOUSE SUMMARY

  6
      Provides for regulation of certain utilities by certain
  7    counties.  Prohibits a county, or authority or district
      in the county, from exercising the power of eminent
  8    domain over any water or wastewater facility regulated by
      the county.
  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  2

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