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Florida Florida Statutes

§ 180.301 — Purchase, sale, or privatization of water, sewer, or wastewater reuse utility by municipality

FS § 180.301Ch. 180

Statute text

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No municipality may purchase or sell a water, sewer, or wastewater reuse utility that provides service to the public for compensation, or enter into a wastewater facility privatization contract for a wastewater facility until the governing body of the municipality has held a public hearing on the purchase, sale, or wastewater facility privatization contract, and made a determination that the purchase, sale, or wastewater facility privatization contract is in the public interest. In determining if the purchase, sale, or wastewater facility privatization contract is in the public interest, the municipality shall consider, at a minimum, the following:(1) The most recent available income and expense statement for the utility;
(2)The most recent available balance sheet for the utility, listing assets and liabilities and clearly showing the amount of contributions-in-aid-of-construction and the accumulated depreciation thereon;
(3)A statement of the existing rate base of the utility for regulatory purposes;
(4)The physical condition of the utility facilities being purchased, sold, or subject to a wastewater facility privatization contract;
(5)The reasonableness of the purchase, sale, or wastewater facility privatization contract price and terms;
(6)The impacts of the purchase, sale, or wastewater facility privatization contract on utility customers, both positive and negative; (7)(a) Any additional investment required and the ability and willingness of the purchaser or the private firm under a wastewater facility privatization contract to make that investment, whether the purchaser is the municipality or the entity purchasing the utility from the municipality;

Legislative history

s. 2, ch. 84-84; s. 6, ch. 93-51; s. 7, ch. 96-202.