2000-04 Opposition to S.B. 1280RESOLUTION NO. 00-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
OKEECHOBEE, FLORIDA. OBJECTING TO LANGUAGE ADDED TO
SENATE BILL 1280 THAT PROVIDES FOR PUBLIC COUNSEL OF THE
PUBLIC SERVICE COMMISSION TO PROVIDE LEGAL
REPRESENTATION IN PROCEEDINGS BEFORE CITIES AND COUNTIES
REGARDING WATER AND WASTEWATER UTILITY RATES, AND
REQUESTING THAT THE GOVERNOR VETO SUCH LEGISLATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Senate Bill 1280 was passed as amended by the Florida Senate on
May 5, 2000, and has been sent to Governor Bush to be signed into law; and
WHEREAS, Senate Bill 1280, relating to nursing homes and health care facilities,
was amended at the eleventh hour by the addition of language that provides for notices
to customers before a local government water or sewer utility increases any rate or fee for
utility services in addition to any notice and public meeting requirements for ordinance
adoption as provided by general law, and further requires the Public Counsel of the Public
Service Commission to provide legal representation for the people of the state in utility rate
proceedings before cities and counties; and
WHEREAS, this portion of the amendment appears to violate Rule 7.1 which
provides that no proposition on a subject different from that under consideration shall be
admitted under color of amendment; and
WHEREAS, Senate Bill 1280 is an act relating to nursing homes and related health
care facilities while the subject of this portion of the amendment is water utility rate
proceedings; and
WHEREAS, said amendment to Senate Bill 1280 demonstrates a complete
disregard for the fundamental principles upon which Home Rule was founded and exists
pursuant to Florida law; and
WHEREAS, the City Council is deeply concerned about the impact that this
legislation could have for county and local governments throughout the state.
NOW, THEREFORE, be it resolved that the City Council of the City of Okeechobee,
Florida as follows:
Section 1. That the City of Okeechobee City Council formally objects to the
amendment provision of Senate Bill 1280 as they pertain to water and
wastewater utility rate proceedings, and respectfully requests that the
Governor reject any such legislation.
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Section 2.
INTRODUCED and Adopted this 6th day of June 2000.
onnie S. Thomas, CMC, City Clerk
That the City Clerk is directed to forward a copy of this Resolution to
the Governor, the Florida State Legislature, the Florida League of
Cities, the Okeechobee County Commissioners, and any other
interested parties.
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James E. Kirk, Mayor