Resolution 2003-120
RESOLUTION NO. 2003 - Jd.L.
A RESOLUTION OF COLLIER COUNTY, FLORIDA, SUPPORTING
ENACTMENT INTO LAW AMENDATORY LANGUAGE TO SECTION 163.01,
FLORIDA STATUTES, AS CURRENTLY WRITTEN IN PROPOSED FLORIDA
SENATE BILL NUMBER 140 AND FLORIDA HOUSE BILL NUMBER 963,
WHICH RECOMMENDED BILLS PROVIDE NECESSARY
ACCOUNTABILITY, DUE DILIGENCE, AND THAT PUBLIC INTEREST
DETERMINA TIONS BE MADE BY THE FLORIDA PUBLIC SERVICE
COMMISSION REGARDING ACQUISITION OF INVESTOR-OWNED WATER
AND W ASTEW A TER UTILITIES, AND, AS TO SUCH SYSTEMS WITHIN THE
BOUNDARIES OF THE HOST GOVERNMENT, MANDATE AFFIRMATIVE
CONCURRENCE OF ALL HOST GOVERNMENTAL ENTITIES PRIOR TO
COMPLETION OF EACH SUCH ACQUISITION.
WHEREAS, Senate Bill number 140 and House Bill number 963 are currently
being proposed for enactment into law by action of the Florida Legislature; and
WHEREAS, proposed amendatory text in SB1401HB963 add necessary
safeguards to Chapter 163, Florida Statutes, to ensure accountability, due diligence and
that prerequisite public interest determinations be made by the Florida Public Service
Commission regarding proposed acquisitions of investor-owned water and wastewater
utilities by every governmental entity created pursuant to Chapter 163, Florida Statutes,
and also regarding such utility systems within the boundaries of the host government,
requiring approval by each host governmental entity prior to effective completion of each
such proposed acquisition of those systems.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners of Collier County, Florida supports
adoption into Florida law proposed Senate Bill number 140 and proposed
House Bill number 963, which, if enacted, will amend Chapter 163, Florida
Statutes, in a manner acceptable to Collier County to protect customers of the
subject water and wastewater systems.
2. The Board of County Commissioners of Collier County, Florida, requests that
its local Legislative Delegation actively support enactment of proposed
Florida Senate Bill number 140 and Florida House Bill number 963.
3. The Florida Association of Counties may utilize this Resolution as it deems
appropriate to support enactment of proposed Senate Bill number 140 and
Florida House Bill number 963 to amend Chapter 163, Florida Statutes, to
protect customers of the subject water and wastewater utility systems.
THIS RESOLUTION ADOPTED after motion, second and majority vote in
favor of adoption this --B::!h. day of mar-e.h ,2003.
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DWI@mE....B~CK;:CLERK
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BY:~ ~~lk By:
-1"Pift'~fIij~;tb Chat,...,.', TOM HENNING, Chairman
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Approved .a~.Vj Torm'
and legal sofficiency:
By: ~;\ ~
Thomas C. Palmer
Assistant County Attorney