CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1352

    Amendment No.    

                            CHAMBER ACTION
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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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