Resolution 1996-497
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RESOLUTION NO. 96- 497
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
APPROVING A PROPOSED BILL TO BE PRESENTED TO
THE COUNTY'S LOCAL LEGISLATIVE DELEGATION TO
AMEND AND THEREBY CLARIFY SUBSECTION 367.171(7),
FLORIDA STATUTES, TO PREVENT THE FLORIDA
PUBLIC SERVICE COMMISSION FROM TAKING AWAY
FROM COLLIER COUNTY AND FROM OTHER FLORIDA
COUNTIES THEIR CHAPTER 367. FLORIDA STATUTES,
JURISDiCTION OVER SOME PRIVATE WATER AND
WASTEWATER UTILITY FACILITIES.
WHEREAS, Subsection (7) of Section 367.17\, Florida Statl/tes, provides
that the Florida Public Service Commission (FPSC) shall have exclusive Chapter
367, Florida Statl/tes, jurisdiction over private water and wastewater utility
systems "whose service transverses county boundaries"; and
WHEREAS, The Board of County Commissioners believes that the
statutory phrase "whose service transverses county boundaries" was intended by
the Florida Legislature to be limited to the rare instances where a private utility (as
defined in s. 367.021(12), F.S.), has a facility (plant) that supplies water to or
treats wastewater from its customers in one county, and concurrently from that
facility provides water to and/or treats wastewater from other of its customers in
an adjacent county through at least one utility pipe that crosses the county
boundary which seperates those two adjacent counties; and
WHEREAS, the Florida Public Service Commission (FPSC), through
misapplication of Subsection (7) of Chapter 367.\71, F.S., in instances never
intended by the Florida Legislature, continues to attempt to usurp from Florida
counties, including Collier County, their Chapter 367, F.S., jurisdiction over some
private water and/or wastewater utility facilities; and
WHEREAS, the Board believes that it is critically important that s.
367.171 (7), F.S. be amended to clearly express the original intent of the Florida
Legislature and thereby p~event the FPSC from continuing to take away from
Collier County and from other Florida counties their power and authority to
exercise Chapter 367, F.S., regulatory jurisdiction over certain private water
and/or wastewater facilities; and
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WHEREAS, attached hereto as "Exhibit A" is a proposed Bill that the
Board of County Commissioners desires be enacted into law by the Florida
Legislature and thereby amend subsection 367.171 (7), Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
I. The proposed Bill attached hereto as "Exhibit A" is hereby approved
and is incorporated herein.
2. The Staff is hereby directed to send the attached proposed Bill to the
local Legislative Delegation for consideration of enactment into Law during the
1997 Legislative Session.
This Resolution adopted this .s- day of '7l~ , 1996, after
motion, second and majority vote in favor of passage.
ATTEST:'" .
DWIGHl)::B.R9fK, CLERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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Approved as to form and
legal sufficiency: ) /
--rfM~f, r~
Thomas C. Palmer
Assistant County Attorney
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A bill to be entitled
An act amending Section 367.171(7), F.S., to
provide that this exclusive jurisdiction of the
Public Service Commission applies only to each
wastewater utility system facility which
delivers water to or treats wastewater from its
customers in one county and also delivers water
to or treats wastewater from its customers in
an adjacent county through at lease one pipe
that brosses the county boundary which
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separates those adjacent counties; providing an
effective date.
Be it Enacted by the Legislature of the State of Florida:
Section 1. Subsection (7) of Section 367.171, Florida
Statutes, is amended to read:
367.171 Effectiveness of this chapter.-
(7) Notwithstanding anything in this section to the
contrary, the commission shall have exclusive jurisdiction over
a-H, each utility systems ',:Rsse ser:iee t"a!lsye"ses eeu!lty
eeHRaa"iea facility that delivers water to or treats wastewater
from its customers in one county, and delivers water to or treats
wastewater from that utility's customers in an adiacent county
throuqh at least one pipe that crosses the county boundary which
Words underlined are added; words st:ruell tA.fel;lEjl>l are deleted.
"
NOV - 5 1996
sep<rates the adiacent counties, whether the counties involved
are jurisdictional or nonjurisdictional, except for utility
systems that are subject to, and remain subject to, inter10cal
utility agreements in effect as of January 1, 1991, that create a
single governmental authority to regulate the utility systems
whose service transverses county boundaries, provided that no
such interlocal agreement shall divest commission jurisdiction
over such systems, any portion of which provides service within a
county that is subject to commission jurisdiction under Section
367.171.
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Section 2. This act shall take effect upon becoming law.
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Words underlined are added; words etFaelt tRE'Bl::Il}"" are deleted.