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RESOLUTION NO . 2011 -026 WHEREAS , non - resident customers who bear this rate and subsidy burden have no way to protect themselves or to influence City rates or subsidy practices . While resident customers protect themselves by voting in City elections , non - resident customers have no such ability . Non - resident customers are required by the 1981 PSC order to be customers of the City electric system but , having no vote in City elections , have no ability to protect themselves from rate and subsidy burdens ; and WHEREAS , in 2008 , the Florida Legislature recognized the unfair plight of non - resident customers by adopting Chapter 2008-227 , Laws of Florida . This statute required that a referendum be held of retail customers of any municipal electric system falling within statutory parameters to determine whether a separate utility authority should be created to operate the system . Upon an affirmative vote , the municipality would be required to create a utility authority with a governing board made up proportionately of resident and non - resident customers . Although Chapter 2008 -227 was introduced by Indian River County State Representative Stan Mayfield and was intended to apply to the City electric system , the City determined that the statute did not apply and never held the referendum ; and WHEREAS , in 2009 , two Indian River County citizens , Dr . Stephen J . Faherty , Sr . and Glenn Heran filed a petition with the PSC asking that the PSC ( i ) act on its own motion to redefine the territorial service areas of the City and FPL in Indian River County to better protect non - resident customers , ( ii ) require that the City stop the practice of using its electric system to subsidize its general fund , ( iii ) address and mitigate the " taxation without representation " situation that exists for the 61 % of City customers who are non - resident customers , and ( iv) enforce Chapter 2008 -227 by requiring the City to hold the referendum and , upon affirmative vote , to create a utility authority governed proportionately by resident and non - resident customers ; and WHEREAS , the County , as well as several other taxing bodies such as the Town of Indian River Shores , the Indian River County School Board and the Indian River County Hospital District , are customers of the City electric system and as such pay higher City rates . These increased costs result in higher taxes being imposed on Indian River County taxpayers ; and WHEREAS , on April 4 , 2011 , FPL submitted a letter of intent to the City expressing its interest in purchasing the City electric system . If FPL and the City are able to reach a definitive agreement , and FPL acquires the City electric system , many of the rate and subsidy issues set forth above will be resolved ; and WHEREAS , given the significance of these issues , particularly as they relate to non - resident customers , the Board of County Commissioners believes that it should adopt this resolution setting forth the Board ' s position on the issues , NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY , FLORIDA THAT : - 2 -