§ 37-30. Expiration of franchise; acquisition of system by county.
Latest version.
Upon the expiration of five (5) years from the date of the issuance of any franchise
granted under the provisions of this article, or upon the termination for any reason
of any franchise granted hereunder, the board of county commissioners may elect to
purchase any public water or sewage disposal system operated under such franchise
at a price mutually agreeable to the board of county commissioners and owner and if
mutual agreement as to the purchase price cannot be accomplished, then the board of
county commissioners and owner, upon mutual agreement, may submit the price for determination
under the Florida Arbitration Code [F.S. ch. 682], or by an arbitration board consisting
of three (3) members, one (1) member to be appointed by the board of county commissioners,
one (1) member to be appointed by the holder of the franchise, and the third member
to be appointed by the two (2) members appointed as aforesaid or the board of county
commissioners may, by resolution, authorize the acquirement by eminent domain of property,
real or personal, constituting any public water or sewage disposal system operated
under such franchise, for any county use or purpose designated in such resolution,
and the county's operation or leasing of such public water or sewage disposal is hereby
declared to constitute a county use or purpose, although not inclusive of all possible
examples of county uses or purposes. The board of county commissioners may exercise
the power of eminent domain as provided in F.S. chs. 73, 74 and 127, and acts amendatory
thereof or supplemental thereto, or it may exercise the power of eminent domain in
the manner now or which may be hereafter provided by any other statutory provisions
for the exercise of the power of eminent domain. Nothing herein shall be construed
as limiting the power of the county granted it in F.S. ch. 153 or in its eminent domain
power prior to this article becoming a law.
