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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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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