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 Klein 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.  Section 367.022, Florida Statutes, is

18  amended to read:

19         367.022  Exemptions.--The following are not subject to

20  regulation by the commission as a utility nor are they subject

21  to the provisions of this chapter, except as expressly

22  provided:

23         (1)  The sale, distribution, or furnishing of bottled

24  water.;

25         (2)  Systems owned, operated, managed, or controlled by

26  governmental authorities, including wastewater facilities

27  operated by private firms under wastewater facility

28  privatization contracts as defined in s. 153.91.;

29         (3)  Manufacturers providing service solely in

30  connection with their operations.;

31         (4)  Public lodging establishments providing service

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1352

    Amendment No.    





 1  solely in connection with service to their guests.;

 2         (5)  Landlords providing service to their tenants

 3  without specific compensation for the service.;

 4         (6)  Systems with the capacity or proposed capacity to

 5  serve 100 or fewer persons.;

 6         (7)  Nonprofit corporations, associations, or

 7  cooperatives providing service solely to members who own and

 8  control such nonprofit corporations, associations, or

 9  cooperatives.; and

10         (8)  Any person who resells water or wastewater service

11  at a rate or charge which does not exceed the actual purchase

12  price thereof, if such person files at least annually with the

13  commission a list of charges and rates for all water service

14  sold, the source and actual purchase price thereof, and any

15  other information required by the commission to justify the

16  exemption; but such person is subject to the provisions of s.

17  367.122.

18         (9)  Wastewater treatment plants operated exclusively

19  for disposing of industrial wastewater.

20         (10)  The sale of bulk supplies of desalinated water to

21  a governmental authority.

22         (11)  Any person providing only nonpotable water for

23  irrigation purposes in a geographic area where potable water

24  service is available from a governmentally or privately owned

25  utility or a private well.

26         (12)  The sale for resale of bulk supplies of water to

27  a governmental authority or to a utility regulated pursuant to

28  this chapter either by the commission or the county.

29         Section 4.  Section 367.0814, Florida Statutes, is

30  amended to read:

31         367.0814  Rates and charges; requests for staff

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1352

    Amendment No.    





 1  assistance in changing.--

 2         (1)  The commission may establish rules by which a

 3  water or wastewater utility whose gross annual revenues are

 4  $150,000 or less may request and obtain staff assistance for

 5  the purpose of changing its rates and charges.  A utility may

 6  request staff assistance by filing an application with the

 7  commission.

 8         (2)  The official date of filing is established as 30

 9  days after official acceptance by the commission of the

10  application.  If a utility does not remit a fee, as provided

11  by s. 367.145, within 30 days after acceptance, the commission

12  may deny the application.  The commission has 15 months after

13  the official date of filing within which to issue a final

14  order.

15         (3)  The provisions of s. 367.081(1), (2)(a), and (3)

16  shall apply in determining the utility's rates and charges.

17         (4)  The commission may, upon its own motion or upon

18  petition from the regulated utility, authorize the collection

19  of interim rates until the effective date of the final order.

20  The interim rates may be based upon a test period different

21  from the test period used in the request for permanent rate

22  relief. To establish interim relief, there must be a

23  demonstration that the operation and maintenance expenses

24  exceed the revenues of the regulated utility, and interim

25  rates may not exceed the level necessary to cover operation

26  and maintenance expenses as defined by the NARUC System of

27  Accounts.

28         (5)  The commission may require that the difference

29  between the interim rates and the previously authorized rates

30  be collected under bond, escrow, letter of credit, or

31  corporate undertaking, subject to refund with interest at a

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1352

    Amendment No.    





 1  rate ordered by the commission.

 2         (6)(4)  The utility, in requesting staff assistance,

 3  shall agree to accept the final rates and charges approved by

 4  the commission unless the final rates and charges produce less

 5  revenue than the existing rates and charges.

 6         (7)(5)  In the event of a protest or appeal by a party

 7  other than the utility, the commission may provide for

 8  temporary rates subject to refund with interest.

 9         (8)(6)  If a utility becomes exempt from commission

10  regulation or jurisdiction during the pendency of a

11  staff-assisted rate case, the request for rate relief is

12  deemed to have been withdrawn. Interim rates, if previously

13  approved, become final. Temporary rates, if previously

14  approved, must be discontinued, and any money collected

15  pursuant to the temporary rates, or the difference between

16  temporary and interim rates, if previously approved, must be

17  refunded to the customers of the utility with interest.

18         (9)(7)  The commission may by rule establish standards

19  and procedures whereby rates and charges of small utilities

20  may be set using criteria other than those set forth in s.

21  367.081(1), (2)(a), and (3).

22         Section 5.  Subsection (7) of section 367.082, Florida

23  Statutes, is amended to read:

24         367.082  Interim rates; procedure.--

25         (7)  If a utility becomes exempt from commission

26  regulation or jurisdiction during the pendency of a rate case,

27  the request for rate relief pending before the commission is

28  deemed to have been withdrawn. Interim rates, if previously

29  approved, must be discontinued, and any money collected

30  pursuant to interim rate relief must be refunded to the

31  customers of the utility with interest.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1352

    Amendment No.    





 1

 2  (Redesignate subsequent sections.)

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 5  ================ T I T L E   A M E N D M E N T ===============

 6  And the title is amended as follows:

 7         On page 1, line 14, after the semicolon

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 9  insert:

10         amending s. 367.022, F.S.; eliminating an

11         annual report to the Public Service Commission

12         by an exempt utility; amending s. 367.0814,

13         F.S.; authorizing interim rate relief in

14         staff-assisted rate cases; providing for

15         interim or temporary rates when a utility

16         becomes exempt during the pendency of a case;

17         amending s. 367.082, F.S.; conforming an

18         inconsistent provision;

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