Resolution 2009-056
RESOLUTION NO. 2009- 56
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, IN SUPPORT OF HOUSE BILL 691
RELATING TO STATE OVERSIGHT OF UTILITY SERVICES PROVIDED
BY INTERGOVERNMENTAL AUTHORITIES AND THE COMPANION
LEGISLATION, SENATE BILL 1192 RELATING TO UTILITY SERVICES,
OVERSIGHT, AND INTERGOVERNMENTAL AUTHORITIES BOTH OF
WHICH HAVE BEEN FILED DURING THE 2009 LEGIS LA TIVE SESSION
IN THE FLORIDA LEGISLATURE BY MEMBERS OF THE COLLIER
COUNTY LEGIS LA TIVE DELEGATION.
WHEREAS, the Board of County Commissioners on October 28, 2008 approved
Collier County's 2009 State Legislative Priorities which include: Support Florida
Governmental Utility Authority (FGUA) being under State Public Service
Commission oversight; and
WHEREAS, the Board of County Commissioners presented the County's approved
priorities to members of the Collier County Legislative Delegation at a Pre-Legislative Session
Workshop on November 14, 2008, in the boardroom at the Collier County Government Center;
and
WHEREAS, the Board of County Commissioners presented the finalized list of Board of
County Commissioners-endorsed priorities at the Collier County Legislative Delegation
Meeting/Hearing held December 10, 2008, at which time there was a discussion about FGUA
issues of concern; and
WHEREAS, Representative Matt Hudson, chairman of the Collier County Legislative
Delegation, filed House Bill 691 Relating to State Oversight of Utility Services Provided by
Intergovernmental Authorities on February 3, 2009. The legislation deletes a provision
exempting intergovernmental authorities from being subject to jurisdiction of the Public Service
Commission (pSC); revises and provides definitions for water and wastewater systems; exempts
certain water and wastewater systems from regulation by PSC; exempts intergovernmental
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authorities from certain fees; and deletes exception to PSC's exclusive jurisdiction over utility
systems subject to interlocal utility agreements. The effective date is July I, 2009; and
WHEREAS, Senator Garrett Richter filed Senate Bill 1192 Relating to Utility Services,
Oversight, and Intergovernmental Authorities. The legislation deletes a provision that exempts
certain legal entities from the jurisdiction of the Public Service Commission (PSC); defines
"intergovernmental authority"; exempts certain water and wastewater systems from regulation by
the Commission; exempts an intergovernmental authority from certain fees; and deletes the
exception of certain utility systems subject to interlocal utility agreements from the exclusive
jurisdiction of the Commission, etc. The effective date is July 1,2009.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board of County
Commissioners does hereby support House Bill 691 and Senate Bill 1192, which address the
County's priority ofPSC oversight of the FGUA.
BE IT FURTHER RESOLVED that a copy of this resolution will be forwarded to the
Florida Association of Counties and the Collier County Legislative Delegation.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same,
this 10th day of _March ,2009.
A TrEST:
DWIGHT E,ij~~ Clerk
~k
~Il.. .toc;1il.u~ Clerk
. flll.t.... OIl'(t.-
Approve~. to tonn. .) . "
and legal suflfe1ency;"
~f2LL-
Scott R. Teach,
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
COllIER Ir' FLORIDA _
BY: '. ~ dA~
DONNA FIALA, Chairman
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