CopyAgo (Fla. Att'y Gen. 1984).
Published | Florida Attorney General Reports
Mr. Michael E. Watkins City Attorney City of Homestead 790 Homestead Boulevard Homestead, Florida 33030-6299 Dear Mr. Watkins: This is in response to your request for an opinion on substantially the following questions: 1. DOES SECTION
361.15 , F.S., GRANT TO THE CITY OF HOMESTEAD ELECTRIC UTILITY SYSTEM THE SAME LIEN RIGHTS AS ARE SET FORTH IN SECTION
159.17 , F.S., RELATIVE TO WATER SYSTEMS, SEWER SYSTEMS, OR GAS SYSTEMS; IF A LIEN RIGHT IS IMPOSED, IS THE PHRASE "UNPAID UTILITY BILLS" TO BE CONSIDERED AS "SERVICE CHARGES" UNDER THE STATUTE? 2....
...OF HOMESTEAD SPREADS A NOTICE OF LIEN OR CLAIM OF LIEN UPON THE PUBLIC RECORDS OF THE COUNTY IN WHICH HOMESTEAD IS LOCATED, I.E., DADE COUNTY. 3. IF THE ANSWER TO QUESTION NO. 1, IS IN THE AFFIRMATIVE, IS THE CITY OF HOMESTEAD, UNDER FLORIDA STATUTE
361.15 , AND FLORIDA STATUTE
159.17 , REQUIRED TO GIVE INFORMATION TO THIRD PARTIES AS TO WHETHER OR NOT THERE EXIST UNPAID UTILITY BILLS FOR A CERTAIN PREMISES UNLESS AND UNTIL SUCH TIME AS SUCH UNPAID UTILITY BILL HAS BEEN ESTABLISHED AS A LIEN ON THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA....
...uld be without knowledge of the lien until a subsequent transfer of title arises. For the following reasons, the first part of your first question is answered in the negative. For that reason, it is unnecessary to respond to the remaining questions. Section 361.15 , F.S., contained in Part II, Ch. 361, the "Joint Power Act," provides: 361.15 Issuance of bonds....
...All of the privileges, benefits, powers, and terms of part I of chapter 159 shall be fully applicable to such body. For the purpose of this section, a project as defined in this part shall be a project within the definition of the term "project" in s.
159.02 (4). (e.s.) Thus, s
361.15 , for the purpose of financing a joint electric power supply project, as defined by s
361.11 (1), incorporates by reference into the provisions of that section, which is entitled and deals with the "issuance of bonds," and vests in municipalit...
...powers in connection with the "authorization, issuance, and sale of bonds." For that reason, it does not appear that the liens provided for in s
159.17 or the provisions thereof for the enforcement of such liens are incorporated by reference into s
361.15 . Although the second sentence of s
361.15 does state that "[a]ll of the privileges, benefits, powers, and terms of part I of chapter 159 shall be fully applicable to such body," I am of the view that this language does not purport or attempt to expand the limited incorporation by reference of powers contained in Part I of Ch. 159, that relate to "authorization, issuance, and sale of bonds," but, rather, is merely an attempt to reiterate or restate in more general form the intent expressed in the first sentence of s
361.15 ....
...ken to mean that the provisions of the original statute shall be restrained and limited to such only as are applicable and appropriate to the new subject"). Moreover, an expansive or pervasive construction and application of the second sentence of s 361.15 would render the first sentence, which explicates the legislative intent and purpose, mere surplusage....
...Palm Beach County Board of County Commissioners,
429 So.2d 1260 (1 D.C.A.Fla., 1983) (holding that second sentence of statute had to be read in pari materia with first sentence in an effort to give the statute meaning). Note also the third sentence of s
361.15 , which provides that, for the purpose of that section, a project as defined in Part II of Ch. 361 shall be a project within the definition of the term "project" in s
159.02 (4). The purpose of s
361.15 entitled "issuance of bonds," is bond financing, not subsidiary lien rights which are not necessarily or directly related to or an inherent or integral part of the power of to issue revenue bonds....
...Town of Mexico Beach,
348 So.2d 40 (1 D.C.A.Fla., 1977), cert. den.
355 So.2d 517 (Fla. 1978); Stein v. City of Miami Beach,
250 So.2d 289 (3 D.C.A.Fla., 1971); Dade County v. Certain Lands,
247 So.2d 787 (3 D.C.A.Fla., 1971); see also, AGO 73-448. In summary, it is my opinion that s
361.15 , F.S., does not operate to grant to the City of Homestead electric utility system the same lien rights as are set forth in s
159.17 , F.S., since s
361.15 incorporates by reference only those powers in Part I of Ch....
