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Resolution 1996-497 NU~ . ., %h 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 NOV - I; 199R 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 .~;..' : .. "'-"'- . ., (,I, ~. . ~ ~ ~ ~.~. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .~.~ '. t < · .eputy C1e'rk i ..~ ""...;'. t,<, . 1; , .,.' I , I . I I ~ ~ , . I , , \ . . . Approved as to form and legal sufficiency: ) / --rfM~f, r~ Thomas C. Palmer Assistant County Attorney 1 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 I 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. I Section 2. This act shall take effect upon becoming law. 2 Words underlined are added; words etFaelt tRE'Bl::Il}"" are deleted.