SENATE AMENDMENT
Bill No. CS for SB 2316
Amendment No. ___ Barcode 515866
CHAMBER ACTION
Senate House
.
.
1 WD/2R .
05/02/2003 05:27 PM .
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Argenziano moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 On page 21, lines 19 and 20, delete those lines
15
16 and insert:
17 Section 13. Paragraph (g) of subsection (7) of section
18 163.01, Florida Statutes, is amended to read:
19 163.01 Florida Interlocal Cooperation Act of 1969.--
20 (7)
21 (g)1. Notwithstanding any other provisions of this
22 section, any separate legal entity created under this section,
23 the membership of which is limited to municipalities and
24 counties of the state, may acquire, own, construct, improve,
25 operate, and manage public facilities, or finance facilities
26 on behalf of any person, relating to a governmental function
27 or purpose, including, but not limited to, wastewater
28 facilities, water or alternative water supply facilities, and
29 water reuse facilities, which may serve populations within or
30 outside of the members of the entity. Notwithstanding s.
31 367.171(7), any separate legal entity created under this
1
2:11 PM 05/01/03 s2316c1c-0329h
SENATE AMENDMENT
Bill No. CS for SB 2316
Amendment No. ___ Barcode 515866
1 paragraph is not subject to Public Service Commission
2 jurisdiction, except when a host government specifically
3 requests binding arbitration services through the commission
4 under subparagraphs 4. and 5. and as is otherwise provided for
5 in general law. The separate legal entity and may not provide
6 utility services within the service area of an existing
7 utility system unless it has received the consent of the
8 utility.
9 2. For purposes of this paragraph, the term "utility"
10 means a water or wastewater utility and includes every person,
11 separate legal entity, lessee, trustee, or receiver owning,
12 operating, managing, or controlling a system, or proposing
13 construction of a system, who is providing, or proposes to
14 provide, water or wastewater service to the public for
15 compensation. For purposes of this paragraph, the term
16 "system" means each separate water or wastewater facility
17 providing service. For purposes of this paragraph, the term
18 "host government" means either the governing body of the
19 county, if the largest number of equivalent residential
20 connections currently served by a system of the utility is
21 located in the unincorporated area, or the governing body of a
22 municipality, if the largest number of equivalent residential
23 connections currently served by a system of the utility is
24 located within that municipality's boundaries. For purposes of
25 this paragraph, the term "separate legal entity" may mean any
26 entity created by interlocal agreement the membership of which
27 is limited to two or more municipalities or counties of the
28 state, but which entity is legally separate and apart from any
29 of its member governments. A separate legal entity that seeks
30 to acquire any utility must notify the host government in
31 writing by certified mail about the contemplated acquisition
2
2:11 PM 05/01/03 s2316c1c-0329h
SENATE AMENDMENT
Bill No. CS for SB 2316
Amendment No. ___ Barcode 515866
1 not less than 90 days before any proposed transfer of
2 ownership, use, or possession of any utility assets by such
3 separate legal entity. The potential acquisition notice must
4 be provided to the legislative head of the governing body of
5 the host government and to its chief administrative officer
6 and must provide the name and address of a contact person for
7 the separate legal entity and information identified in s.
8 367.071(4)(a) concerning the contemplated acquisition.
9 3. Within 90 days following receipt of the notice, the
10 host government may adopt a resolution to become a member of
11 the separate legal entity; adopt a resolution to approve the
12 utility acquisition; adopt a resolution to prohibit the
13 utility acquisition by the separate legal entity if the host
14 government determines that the proposed acquisition is not in
15 the public interest; request in writing an automatic 45-day
16 extension of the 90-day period in order to allow sufficient
17 time for the host government to evaluate the proposed
18 acquisition; or take no action to agenda the proposed
19 acquisition for discussion at a public meeting, which shall be
20 construed as denial of the proposed acquisition. If a host
21 government adopts a prohibition resolution, the separate legal
22 entity may not acquire the utility within that host
23 government's territory without specific consent of the host
24 government by future resolution. If a host government adopts a
25 membership resolution, the separate legal entity must accept
26 the host government as a member before any transfer of
27 ownership, use, or possession of the utility or the utility
28 facilities on the same basis as its existing members. If a
29 host government does not adopt a prohibition resolution or an
30 approval resolution, does not provide a written request for an
31 extension of the 90-day notice period, and takes no action to
3
2:11 PM 05/01/03 s2316c1c-0329h
SENATE AMENDMENT
Bill No. CS for SB 2316
Amendment No. ___ Barcode 515866
1 initiate judicial proceedings regarding the proposed
2 acquisition, the separate legal entity may proceed to acquire
3 the utility after the 90-day notice period without further
4 notice, except as otherwise agreed upon by the separate legal
5 entity and the host government. In utility acquisitions
6 involving two or more host governments, the Public Service
7 Commission shall consider whether the sale, assignment, or
8 transfer of the utility is in the public interest pursuant to
9 the provisions of s. 367.071(1).
10 4. In addition to the host government's right to
11 review as fair and reasonable the rates, charges, customer
12 classifications, and terms of service that will be in place at
13 the time of acquisition, the host government has the right to
14 review and approve as fair and reasonable any later changes
15 proposed by the separate legal entity to the rates, charges,
16 customer classifications, and terms of service, before
17 adoption by the separate legal entity. In addition, the host
18 government has the right to review and approve any changes to
19 the financing of such facilities which may result in increased
20 costs to customers. Such right of review and approval by the
21 host government is subject to the obligation of the separate
22 legal entity to establish rates and charges that comply with
23 the requirements contained in any resolution or trust
24 agreement relating to the issuance of bonds to acquire and
25 improve the affected utility, and such right does not affect
26 the obligation of the separate legal entity to set rates at a
27 level sufficient to pay debt service on its obligations issued
28 in relation to the host government utility. In order to
29 facilitate review of proposed changes by such host government,
30 the separate legal entity must notify the host government in
31 writing by certified mail about the proposed changes not less
4
2:11 PM 05/01/03 s2316c1c-0329h
SENATE AMENDMENT
Bill No. CS for SB 2316
Amendment No. ___ Barcode 515866
1 than 90 days before it implements any changes. The notice of
2 proposed changes must be provided to the legislative head of
3 the governing body of each host government and to its chief
4 administrative officer and must provide the name and address
5 of a contact person for the separate legal entity and
6 information identified in s. 367.081(2)(a)1. as it applies to
7 publicly owned utilities about the proposed changes. If after
8 review the host government believes that the proposed changes
9 are in the public interest, the host government may pass a
10 resolution approving the proposed changes. If, after review,
11 the host government believes that the proposed changes are not
12 in the public interest, the host government may enter into
13 negotiation with the separate legal entity to resolve those
14 concerns. If no agreement is reached within 30 days after the
15 host government's determination that the proposed changes are
16 not in the public interest, the host government may request
17 and, if requested, shall receive binding arbitration services
18 through the Public Service Commission to resolve the dispute
19 with the separate legal entity. The commission shall develop
20 and adopt administrative rules governing the arbitration
21 process and establishing fees for this dispute-resolution
22 service.
23 5. After the acquisition or construction of any
24 utility systems by a separate legal entity created under this
25 subsection, revenues or any other income may not be
26 transferred or paid to a member of a separate legal entity, or
27 to any other county or municipality, from user fees or other
28 charges or revenues generated from customers that are not
29 physically located within the jurisdictional or service
30 delivery boundaries of the member, county, or municipality
31 receiving the transfer or payment. Any transfer or payment to
5
2:11 PM 05/01/03 s2316c1c-0329h
SENATE AMENDMENT
Bill No. CS for SB 2316
Amendment No. ___ Barcode 515866
1 a member or other local government must be solely from user
2 fees or other charges or revenues generated from customers
3 that are physically located within the jurisdictional or
4 service delivery boundaries of the member or local government
5 receiving the transfer or payment.
6 6. The host government is guaranteed the right to
7 acquire any utility or utility system that it hosts owned by
8 the separate legal entity. In those instances when the
9 separate legal entity and the host government cannot agree on
10 the terms and conditions of the acquisition, the host
11 government may request and, if requested, shall receive
12 binding arbitration services through the Public Service
13 Commission to resolve the disputed acquisition terms. The
14 commission shall develop and adopt administrative rules
15 governing the arbitration process and establishing the fees
16 for these services. In developing and adopting its rules
17 governing the acquisition price for a given host government to
18 acquire the utility or utility system located within its
19 jurisdiction, the Public Service Commission shall, to the
20 greatest extent possible, base the acquisition price on the
21 same percentage to the total bonded indebtedness of the
22 separate legal entity upon acquiring the utility as the
23 acquired system's rate base was to the utility's total rate
24 base at the time transferred from a regulated utility to the
25 separate legal entity. This paragraph is an alternative
26 provision otherwise provided by law as authorized in s. 4,
27 Art. VIII of the State Constitution for any transfer of power
28 as a result of an acquisition of a utility by a separate legal
29 entity from a municipality, county, or special district.
30 7. The entity may finance or refinance the
31 acquisition, construction, expansion, and improvement of such
6
2:11 PM 05/01/03 s2316c1c-0329h
SENATE AMENDMENT
Bill No. CS for SB 2316
Amendment No. ___ Barcode 515866
1 facilities relating to a governmental function or purpose
2 through the issuance of its bonds, notes, or other obligations
3 under this section or as otherwise authorized by law. Except
4 as limited by the terms and conditions of the utility
5 acquisition agreement, as approved by the applicable host
6 government, the entity has all the powers provided by the
7 interlocal agreement under which it is created or which are
8 necessary to finance, own, operate, or manage the public
9 facility, including, without limitation, the power to
10 establish rates, charges, and fees for products or services
11 provided by it, the power to levy special assessments, the
12 power to sell or finance all or a portion of such facility,
13 and the power to contract with a public or private entity to
14 manage and operate such facilities or to provide or receive
15 facilities, services, or products. Except as may be limited by
16 the interlocal agreement under which the entity is created,
17 all of the privileges, benefits, powers, and terms of s.
18 125.01, relating to counties, and s. 166.021, relating to
19 municipalities, are fully applicable to the entity. However,
20 neither the entity nor any of its members on behalf of the
21 entity may exercise the power of eminent domain over the
22 facilities or property of any existing water or wastewater
23 plant utility system, nor may the entity acquire title to any
24 water or wastewater plant utility facilities, other
25 facilities, or property which was acquired by the use of
26 eminent domain after the effective date of this act. Bonds,
27 notes, and other obligations issued by the entity are issued
28 on behalf of the public agencies that are members of the
29 entity.
30 8.2. Except as limited by the terms and conditions of
31 the utility acquisition agreement, as approved by the
7
2:11 PM 05/01/03 s2316c1c-0329h
SENATE AMENDMENT
Bill No. CS for SB 2316
Amendment No. ___ Barcode 515866
1 applicable host government, any entity created under this
2 section may also issue bond anticipation notes in connection
3 with the authorization, issuance, and sale of bonds. The bonds
4 may be issued as serial bonds or as term bonds or both. Any
5 entity may issue capital appreciation bonds or variable rate
6 bonds. Any bonds, notes, or other obligations must be
7 authorized by resolution of the governing body of the entity
8 and bear the date or dates; mature at the time or times, not
9 exceeding 40 years from their respective dates; bear interest
10 at the rate or rates; be payable at the time or times; be in
11 the denomination; be in the form; carry the registration
12 privileges; be executed in the manner; be payable from the
13 sources and in the medium or payment and at the place; and be
14 subject to the terms of redemption, including redemption prior
15 to maturity, as the resolution may provide. If any officer
16 whose signature, or a facsimile of whose signature, appears on
17 any bonds, notes, or other obligations ceases to be an officer
18 before the delivery of the bonds, notes, or other obligations,
19 the signature or facsimile is valid and sufficient for all
20 purposes as if he or she had remained in office until the
21 delivery. The bonds, notes, or other obligations may be sold
22 at public or private sale for such price as the governing body
23 of the entity shall determine. Pending preparation of the
24 definitive bonds, the entity may issue interim certificates,
25 which shall be exchanged for the definitive bonds. The bonds
26 may be secured by a form of credit enhancement, if any, as the
27 entity deems appropriate. The bonds may be secured by an
28 indenture of trust or trust agreement. In addition, the
29 governing body of the legal entity may delegate, to an
30 officer, official, or agent of the legal entity as the
31 governing body of the legal entity may select, the power to
8
2:11 PM 05/01/03 s2316c1c-0329h
SENATE AMENDMENT
Bill No. CS for SB 2316
Amendment No. ___ Barcode 515866
1 determine the time; manner of sale, public or private;
2 maturities; rate of interest, which may be fixed or may vary
3 at the time and in accordance with a specified formula or
4 method of determination; and other terms and conditions as may
5 be deemed appropriate by the officer, official, or agent so
6 designated by the governing body of the legal entity. However,
7 the amount and maturity of the bonds, notes, or other
8 obligations and the interest rate of the bonds, notes, or
9 other obligations must be within the limits prescribed by the
10 governing body of the legal entity and its resolution
11 delegating to an officer, official, or agent the power to
12 authorize the issuance and sale of the bonds, notes, or other
13 obligations.
14 9.3. Bonds, notes, or other obligations issued under
15 this paragraph subparagraph 1. may be validated as provided in
16 chapter 75. The complaint in any action to validate the bonds,
17 notes, or other obligations must be filed only in the Circuit
18 Court for Leon County. The notice required to be published by
19 s. 75.06 must be published in Leon County and in each county
20 that is a member of the entity issuing the bonds, notes, or
21 other obligations, or in which a member of the entity is
22 located, and the complaint and order of the circuit court must
23 be served only on the State Attorney of the Second Judicial
24 Circuit and on the state attorney of each circuit in each
25 county that is a member of the entity issuing the bonds,
26 notes, or other obligations or in which a member of the entity
27 is located. Section 75.04(2) does not apply to a complaint for
28 validation brought by the legal entity.
29 10.4. The accomplishment of the authorized purposes of
30 a legal entity created under this paragraph is in all respects
31 for the benefit of the people of the state, for the increase
9
2:11 PM 05/01/03 s2316c1c-0329h
SENATE AMENDMENT
Bill No. CS for SB 2316
Amendment No. ___ Barcode 515866
1 of their commerce and prosperity, and for the improvement of
2 their health and living conditions. Since the legal entity
3 will perform essential governmental functions in accomplishing
4 its purposes, the legal entity is not required to pay any
5 taxes or assessments of any kind whatsoever upon any property
6 acquired or used by it for such purposes or upon any revenues
7 at any time received by it. The bonds, notes, and other
8 obligations of an entity, their transfer and the income
9 therefrom, including any profits made on the sale thereof, are
10 at all times free from taxation of any kind by the state or by
11 any political subdivision or other agency or instrumentality
12 thereof. The exemption granted in this subparagraph is not
13 applicable to any tax imposed by chapter 220 on interest,
14 income, or profits on debt obligations owned by corporations.
15 Section 14. Subsection (1) of section 120.52, Florida
16 Statutes, is amended to read:
17 120.52 Definitions.--As used in this act:
18 (1) "Agency" means:
19 (a) The Governor in the exercise of all executive
20 powers other than those derived from the constitution.
21 (b) Each:
22 1. State officer and state department, and each
23 departmental unit described in s. 20.04.
24 2. Authority, including a regional water supply
25 authority.
26 3. Board.
27 4. Commission, including the Commission on Ethics and
28 the Fish and Wildlife Conservation Commission when acting
29 pursuant to statutory authority derived from the Legislature.
30 5. Regional planning agency.
31 6. Multicounty special district with a majority of its
10
2:11 PM 05/01/03 s2316c1c-0329h
SENATE AMENDMENT
Bill No. CS for SB 2316
Amendment No. ___ Barcode 515866
1 governing board comprised of nonelected persons.
2 7. Educational units.
3 8. Entity described in chapters 163, 373, 380, and 582
4 and s. 186.504.
5 (c) Each other unit of government in the state,
6 including counties and municipalities, to the extent they are
7 expressly made subject to this act by general or special law
8 or existing judicial decisions.
9
10 This definition does not include any legal entity or agency
11 created in whole or in part pursuant to chapter 361, part II,
12 an expressway authority pursuant to chapter 348, any legal or
13 administrative entity created by an interlocal agreement
14 pursuant to s. 163.01(7), except those created pursuant to s.
15 163.01(7)(g)1., unless any party to such agreement is
16 otherwise an agency as defined in this subsection, or any
17 multicounty special district with a majority of its governing
18 board comprised of elected persons; however, this definition
19 shall include a regional water supply authority.
20 Section 15. Subsection (7) of section 367.021, Florida
21 Statutes, is amended to read:
22 367.021 Definitions.--As used in this chapter, the
23 following words or terms shall have the meanings indicated:
24 (7) "Governmental authority" means a political
25 subdivision, as defined by s. 1.01(8), a regional water supply
26 authority created pursuant to s. 373.1962, or a nonprofit
27 corporation formed for the purpose of acting on behalf of a
28 political subdivision with respect to a water or wastewater
29 facility; however, this definition shall exclude a separate
30 legal entity created pursuant to s. 163.01(7)(g)1.
31 Section 16. Subsections (1) and (4) of section
11
2:11 PM 05/01/03 s2316c1c-0329h
SENATE AMENDMENT
Bill No. CS for SB 2316
Amendment No. ___ Barcode 515866
1 367.071, Florida Statutes, are amended to read:
2 367.071 Sale, assignment, or transfer of certificate
3 of authorization, facilities, or control.--
4 (1) A No utility may not shall sell, assign, or
5 transfer its certificate of authorization, facilities or any
6 portion thereof, or majority organizational control without
7 determination and approval of the commission that the proposed
8 sale, assignment, or transfer is in the public interest and
9 that the buyer, assignee, or transferee will fulfill the
10 commitments, obligations, and representations of the utility.
11 However, a sale, assignment, or transfer of its certificate of
12 authorization, facilities or any portion thereof, or majority
13 organizational control may occur prior to commission approval
14 if the contract for sale, assignment, or transfer is made
15 contingent upon commission approval.
16 (4) An application shall be disposed of as provided in
17 s. 367.045, except that:
18 (a) The sale of facilities, in whole or part, to a
19 governmental authority, as defined in s. 367.021(7), shall be
20 approved as a matter of right; however, the governmental
21 authority shall, prior to taking any official action, obtain
22 from the utility or commission with respect to the facilities
23 to be sold the most recent available income and expense
24 statement, balance sheet, and statement of rate base for
25 regulatory purposes and contributions-in-aid-of-construction.
26 Any request for rate relief pending before the commission at
27 the time of sale is deemed to have been withdrawn. Interim
28 rates, if previously approved by the commission, must be
29 discontinued, and any money collected pursuant to interim rate
30 relief must be refunded to the customers of the utility with
31 interest.
12
2:11 PM 05/01/03 s2316c1c-0329h
SENATE AMENDMENT
Bill No. CS for SB 2316
Amendment No. ___ Barcode 515866
1 (b) When paragraph (a) does not apply, the commission
2 shall amend the certificate of authorization as necessary to
3 reflect the change resulting from the sale, assignment, or
4 transfer.
5 Section 17. If any provision of this act or the
6 application thereof to any person or circumstance is held
7 invalid, the invalidity does not affect other provisions or
8 applications of this act which can be given effect without the
9 invalid provision or application, and to this end the
10 provisions of this act are declared severable.
11 Section 18. Private property rights and regional
12 reservoirs.--
13 (1) The Legislature finds that construction of a
14 regional reservoir designed to store more than 10 billion
15 gallons of water may inordinately burden nearby real property
16 because of the proximity of the reservoir and may result in a
17 loss of value for the property owner. Therefore, a regional
18 water supply authority, serving three or fewer counties, that
19 is authorized to construct, operate, and maintain such a
20 regional reservoir shall be deemed a governmental entity under
21 section 70.001, Florida Statutes, the Bert J. Harris, Jr.,
22 Private Property Rights Protection Act, for purposes of this
23 section.
24 (2) This section provides a cause of action for the
25 actions of a regional water supply authority, in siting and
26 constructing a reservoir as described in subsection (1), that
27 may not rise to the level of a taking under the State
28 Constitution or the United States Constitution. This section
29 may not necessarily be construed under the case law regarding
30 takings if the action of a regional water supply authority
31 does not rise to the level of a taking. The provisions of this
13
2:11 PM 05/01/03 s2316c1c-0329h
SENATE AMENDMENT
Bill No. CS for SB 2316
Amendment No. ___ Barcode 515866
1 section are cumulative and do not abrogate any other remedy
2 lawfully available, including any remedy lawfully available
3 for the actions of a regional water supply authority that rise
4 to the level of a taking. However, a regional water supply
5 authority may not be liable more than once for compensation
6 due to an action of the regional water supply authority that
7 results in a loss of value for a subject real property.
8 (3) Each owner of real property located within 10,000
9 feet of the the center of the footprint of a regional
10 reservoir, as described in subsection (1), or 5,500 feet from
11 the exterior of the berm of such reservoir, may present a
12 claim for compensation in writing to the head of the regional
13 water supply authority on or before December 31, 2004, for a
14 loss in property value resulting from the proximity of the
15 reservoir. For each claim presented under this section,
16 section 70.001, Florida Statutes, applies, except when there
17 is conflict with this section, the provisions of this section
18 shall govern.
19 (a) The property owner must submit along with the
20 claim a bona fide, valid appraisal that supports the claim and
21 demonstrates the loss in fair market value to the real
22 property.
23 (b) A claim under this section shall be presented only
24 to the regional water supply authority that is authorized to
25 construct, operate, and maintain the reservoir.
26 (4) The Legislature recognizes that construction and
27 maintenance of a regional reservoir may not necessarily
28 interfere with allowable uses of real property near the
29 reservoir. However, the siting and construction of the
30 reservoir may result in an actual loss to the fair market
31 value of real property located within 10,000 feet of the
14
2:11 PM 05/01/03 s2316c1c-0329h
SENATE AMENDMENT
Bill No. CS for SB 2316
Amendment No. ___ Barcode 515866
1 center of the footprint of the reservoir, or 5,500 feet from
2 the exterior of the berm, because of the proximity of the
3 reservoir. Therefore, any offer of compensation by the
4 regional water supply authority shall be based solely on the
5 loss of value for the property owner as a result of the
6 proximity of the reservoir and not on the effects the
7 reservoir has on existing uses or on a vested right to a
8 specific use of real property.
9 (a) Notwithstanding section 70.001, Florida Statutes,
10 the regional water supply authority to whom a claim is
11 presented shall, not later than 180 days after receiving such
12 claim:
13 1. Make a written offer to purchase the real property
14 if there is more than a 50-percent loss in value to the real
15 property as a result of the proximity of the reservoir and if
16 the property owner is a willing seller;
17 2. Make a written offer to purchase an interest in
18 rights of use which may become transferable development rights
19 to be held, sold, or otherwise disposed of by the regional
20 water supply authority; or
21 3. Terminate negotiations.
22 (b) An offer by the regional water supply authority to
23 purchase the property in fee or purchase an interest in rights
24 of use under this section shall cover the cost of the
25 appraisal required in subsection (3).
26 (5) During the 180-day period, unless the property
27 owner accepts a written offer for purchase pursuant to
28 subparagraph (4)(a)1. or 2., the regional water supply
29 authority shall issue a final decision stating that:
30 (a) The real property has a loss in value due to an
31 inordinate burden on the property resulting from the proximity
15
2:11 PM 05/01/03 s2316c1c-0329h
SENATE AMENDMENT
Bill No. CS for SB 2316
Amendment No. ___ Barcode 515866
1 of the reservoir and the regional water supply authority and
2 property owner cannot reach agreement on the amount of
3 compensation; or
4 (b) The property owner has failed to establish a basis
5 for relief under the provisions of this section and section
6 70.001, Florida Statutes.
7
8 Failure of the regional water supply authority to issue a
9 final decision as required by this subsection shall cause the
10 written offer or termination of negotiations required in
11 subsection (4) to operate as a final decision. As a matter of
12 law, this final decision constitutes the last prerequisite to
13 judicial review of the merits for the purposes of the judicial
14 proceeding provided for in section 70.001, Florida Statutes.
15 (6) The circuit court, for purposes of this section,
16 shall determine whether, considering the written offer and
17 final decision, the regional water supply authority has
18 inordinately burdened the subject real property. Following a
19 determination that the regional water supply authority has
20 inordinately burdened the real property, the court shall
21 impanel a jury to determine the total amount of compensation
22 to the property owner for the loss in value due to the
23 inordinate burden to the subject real property.
24 (7) Pursuant to section 70.001, Florida Statutes, the
25 court may award reasonable costs and attorney's fees and the
26 court shall determine the amount. If the court awards the
27 property owner reasonable costs and attorney's fees, the costs
28 shall include the cost of the appraisal required in subsection
29 (3).
30 (8) This section shall take effect July 1, 2003, and
31 is repealed effective January 1, 2005. However, the repeal of
16
2:11 PM 05/01/03 s2316c1c-0329h
SENATE AMENDMENT
Bill No. CS for SB 2316
Amendment No. ___ Barcode 515866
1 this section shall not affect a claim filed on or before
2 December 31, 2004.
3 Section 19. Except as otherwise expressly provided in
4 this act, this act shall take effect upon becoming a law and
5 shall apply to all contracts pending on that date.
6
7
8 ================ T I T L E A M E N D M E N T ===============
9 And the title is amended as follows:
10 On page 3, line 2, after the semicolon,
11
12 insert:
13 amending s. 163.01, F.S.; providing
14 applicability of provisions relating to
15 ownership and operation of utilities by
16 entities composed of municipalities and
17 counties; prescribing powers of counties and
18 specified municipalities with respect to
19 acquisition of water utilities and wastewater
20 utilities by separate legal entities composed
21 of municipalities and counties; authorizing the
22 Public Service Commission to review the
23 acquisition of a utility by two or more host
24 governments; providing for a binding
25 arbitration process under the Public Service
26 Commission to resolve certain disputes relating
27 to utility acquisition; authorizing the
28 commission to adopt rules; requiring the Public
29 Service Commission to establish rules that base
30 the acquisition price for a host government to
31 acquire a utility on certain information;
17
2:11 PM 05/01/03 s2316c1c-0329h
SENATE AMENDMENT
Bill No. CS for SB 2316
Amendment No. ___ Barcode 515866
1 amending s. 120.52, F.S.; deleting an exception
2 from the requirements of ch. 120, F.S., for an
3 entity created under s. 163.01(7)(g)1., F.S.;
4 amending s. 367.021, F.S.; excluding an entity
5 created under s. 163.01(7)(g)1., F.S., from the
6 definition of "governmental authority";
7 amending s. 367.071, F.S.; deleting a provision
8 authorizing a utility to be sold or transferred
9 prior to approval of the Public Service
10 Commission with a contingency clause in the
11 contract; providing severability; providing
12 legislative findings with respect to loss of
13 property values due to the proximity of a
14 regional water reservoir; authorizing a cause
15 of action for a property owner; specifying a
16 period during which a property owner may
17 present a claim for compensation to the
18 regional water supply authority that
19 constructs, operates, and maintains the
20 reservoir; providing requirements for the offer
21 of compensation by a regional water supply
22 authority; providing for judicial review under
23 the Bert J. Harris, Jr., Private Property
24 Rights Protection Act; providing for an award
25 of costs and attorney's fees; providing for
26 future repeal of the section; providing for
27 applicability;
28
29
30
31
18
2:11 PM 05/01/03 s2316c1c-0329h