CODING: Words stricken are deletions; words underlined are additions.
                                                  SENATE AMENDMENT
    Bill No. CS for SB 1352
    Amendment No.    
                            CHAMBER ACTION
              Senate                               House
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11  Senator Saunders moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 3, between lines 19 and 20,
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16  insert:
17         Section 3.  Subsection (7) of section 367.021, Florida
18  Statutes, is amended to read:
19         367.021  Definitions.--As used in this chapter, the
20  following words or terms shall have the meanings indicated:
21         (7)  "Governmental authority" means a political
22  subdivision, as defined by s. 1.01(8), or a regional water
23  supply authority created pursuant to s. 373.1962, or a
24  nonprofit corporation formed for the purpose of acting on
25  behalf of a political subdivision with respect to a water or
26  wastewater facility.
27         Section 4.  Section 367.022, Florida Statutes, is
28  amended to read:
29         367.022  Exemptions.--The following are not subject to
30  regulation by the commission as a utility nor are they subject
31  to the provisions of this chapter, except as expressly
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 1352
    Amendment No.    
 1  provided:
 2         (1)  The sale, distribution, or furnishing of bottled
 3  water.;
 4         (2)  Systems owned, operated, managed, or controlled by
 5  governmental authorities, including water or wastewater
 6  facilities operated by private firms under water or wastewater
 7  facility privatization contracts as defined in s. 153.91, and
 8  nonprofit corporations formed for the purpose of acting on
 9  behalf of a political subdivision with respect to a water or
10  wastewater facility.;
11         (3)  Manufacturers providing service solely in
12  connection with their operations.;
13         (4)  Public lodging establishments providing service
14  solely in connection with service to their guests.;
15         (5)  Landlords providing service to their tenants
16  without specific compensation for the service.;
17         (6)  Systems with the capacity or proposed capacity to
18  serve 100 or fewer persons.;
19         (7)  Nonprofit corporations, associations, or
20  cooperatives providing service solely to members who own and
21  control such nonprofit corporations, associations, or
22  cooperatives.; and
23         (8)  Any person who resells water or wastewater service
24  at a rate or charge which does not exceed the actual purchase
25  price thereof, if such person files at least annually with the
26  commission a list of charges and rates for all water service
27  sold, the source and actual purchase price thereof, and any
28  other information required by the commission to justify the
29  exemption; but such person is subject to the provisions of s.
30  367.122.
31         (9)  Wastewater treatment plants operated exclusively
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 1352
    Amendment No.    
 1  for disposing of industrial wastewater.
 2         (10)  The sale of bulk supplies of desalinated water to
 3  a governmental authority.
 4         (11)  Any person providing only nonpotable water for
 5  irrigation purposes in a geographic area where potable water
 6  service is available from a governmentally or privately owned
 7  utility or a private well.
 8         (12)  The sale for resale of bulk supplies of water to
 9  a governmental authority or to a utility regulated pursuant to
10  this chapter either by the commission or the county.
11         Section 5.  Subsection (1) of section 367.071, Florida
12  Statutes, is amended to read:
13         367.071  Sale, assignment, or transfer of certificate
14  of authorization, facilities, or control.--
15         (1)  No utility shall sell, assign, or transfer its
16  certificate of authorization, facilities or any portion
17  thereof, or majority organizational control without
18  determination and approval of the commission that the proposed
19  sale, assignment, or transfer is in the public interest and
20  that the buyer, assignee, or transferee will fulfill the
21  commitments, obligations, and representations of the utility.
22  However, a sale, assignment, or transfer of its certificate of
23  authorization, facilities or any portion thereof, or majority
24  organizational control may occur prior to commission approval
25  if the contract for sale, assignment, or transfer is made
26  contingent upon commission approval.
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28  (Redesignate subsequent sections.)
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 1352
    Amendment No.    
 1  ================ T I T L E   A M E N D M E N T ===============
 2  And the title is amended as follows:
 3         On page 1, line 14, after the semicolon
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 5  insert:
 6         amending s. 367.021, F.S.; redefining the term
 7         "governmental authority"; amending s. 367.022,
 8         F.S.; providing for an additional exemption;
 9         amending s. 367.071, F.S.; authorizing
10         specified transactions before Public Service
11         Commission approval;
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