Florida Senate - 2015 SB 442
By Senator Altman
16-00582-15 2015442__
1 A bill to be entitled
2 An act relating to local government services; amending
3 s. 153.03, F.S.; authorizing a county to provide
4 certain services and facilities outside the boundaries
5 of a municipality without the express consent of the
6 municipality’s governing body under certain
7 circumstances; amending s. 180.02, F.S.; prohibiting a
8 municipality from extending its corporate powers
9 within unincorporated areas of a county without the
10 express consent of the county’s governing body;
11 providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsection (1) of section 153.03, Florida
16 Statutes, is amended to read:
17 153.03 General grant of power.—Any of the several counties
18 of the state which may hereafter come under the provisions of
19 this chapter as hereinafter provided is hereby authorized and
20 empowered:
21 (1) To purchase or and/or construct and to improve, extend,
22 enlarge, and reconstruct a water supply system or systems or
23 sewage disposal system or systems, or both, within such county
24 and any adjoining county or counties and to purchase or and/or
25 construct or reconstruct water system improvements or sewer
26 improvements, or both, within such county and any adjoining
27 county or counties and to operate, manage, and control all such
28 systems so purchased or and/or constructed and all properties
29 pertaining thereto and to furnish and supply water and sewage
30 collection and disposal services to any of such counties and to
31 any municipalities and any persons, firms or corporations,
32 public or private, in any of such counties.; provided, However,
33 that none of the facilities provided by this chapter may be
34 constructed, owned, operated, or maintained by the county on
35 property located within the corporate limits of any municipality
36 without the consent of the governing council, commission or body
37 having general legislative authority in the government of such
38 municipality unless such facilities were owned by the county on
39 such property prior to the time such property was included
40 within the corporate limits of such municipality. A No county
41 may not shall furnish any of the facilities or services provided
42 by this chapter to a any property already being furnished such
43 like facilities or services by a any municipality without the
44 express consent of the governing council, commission or body
45 having general legislative authority in the government of such
46 municipality, unless the facilities or services are being
47 provided outside the boundary of the municipality and the prior
48 consent agreement between the parties related to the provision
49 of such facilities or services has expired.
50 Section 2. Subsection (2) of section 180.02, Florida
51 Statutes, is amended to read:
52 180.02 Powers of municipalities.—
53 (2) A Any municipality may extend and execute all of its
54 corporate powers to accomplish applicable for the accomplishment
55 of the purposes of this chapter outside of its corporate limits,
56 as hereinafter provided and as may be desirable or necessary to
57 promote for the promotion of the public health, safety, and
58 welfare or to accomplish for the accomplishment of the purposes
59 of this chapter.; provided, However, such that said corporate
60 powers do shall not extend or apply within the corporate limits
61 of another municipality or extend or apply within the
62 unincorporated areas of a county without the express consent of
63 the governing body of such county.
64 Section 3. This act shall take effect July 1, 2015.