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





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1887

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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 9

10                                                                

11  The Committee on Water & Resource Management offered the

12  following:

13

14         Amendment (with title amendment) 

15         On page 1, line 22, thru page 2, line 4,

16  remove from the bill:  all of said lines

17

18  and insert in lieu thereof:

19         Section 1.  Subsection (7) of section 367.021, Florida

20  Statutes, is amended to read:

21         367.021  Definitions.--As used in this chapter, the

22  following words or terms shall have the meanings indicated:

23         (7)  "Governmental authority" means a political

24  subdivision, as defined by s. 1.01(8), or a regional water

25  supply authority created pursuant to s. 373.1962., or a

26  nonprofit corporation formed for the purpose of acting on

27  behalf of a political subdivision with respect to a water or

28  wastewater facility.

29         Section 2.  Section 367.022, Florida Statutes, is

30  amended to read:

31         367.022  Exemptions.--The following are not subject to

                                  1

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1887

    Amendment No. 1 (for drafter's use only)





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

 2  to the provisions of this chapter, except as expressly

 3  provided:

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

 5  water;

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

 7  governmental authorities, including wastewater facilities

 8  operated by private firms under water or wastewater facility

 9  privatization contracts as defined in s.153.91, and nonprofit

10  corporations formed for the purpose of acting on behalf of a

11  political subdivision with respect to a water or wastewater

12  facility.;

13         (3)  Manufacturers providing service solely in

14  connection with their operations;

15         (4)  Public lodging establishments providing service

16  solely in connection with service to their guests;

17         (5)  Landlords providing service to their tenants

18  without specific compensation for the service;

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

20  serve 100 or fewer persons;

21         (7)  Nonprofit corporations, associations, or

22  cooperatives providing service solely to members who own and

23  control such nonprofit corporations, associations, or

24  cooperatives.; and

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

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

27  price of the water or wastewater thereof, if such person files

28  at least annually with the commission a list of charges and

29  rates for all water service sold, the source and actual

30  purchase price thereof, and any other information required by

31  the commission to justify the exemption; but such person is

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1887

    Amendment No. 1 (for drafter's use only)





 1  subject to the provisions of s. 367.122.

 2         (9)  Wastewater treatment plants operated exclusively

 3  for disposing of industrial wastewater.

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

 5  a governmental authority.

 6         (11)  Any person providing only nonpotable water for

 7  irrigation purposes in a geographic area where potable water

 8  service is available from a governmentally or privately owned

 9  utility or a private well.

10         (12)  The sale for resale of bulk supplies of water or

11  sale for resale of wastewater services to a governmental

12  authority or to a utility regulated pursuant to this chapter

13  either by the commission or the county.

14         Section 3.  Subsection (1) of section 367.071, Florida

15  Statutes, is amended to read:

16         367.071  Sale, assignment, or transfer of certificate

17  of authorization, facilities, or control.--

18         (1)  No utility shall sell, assign, or transfer its

19  certificate of authorization, facilities or any portion

20  thereof, or majority organizational control without

21  determination and approval of the commission that the proposed

22  sale, assignment, or transfer is in the public interest and

23  that the buyer, assignee, or transferee will fulfill the

24  commitments, obligations, and representations of the

25  utility.  However, a sale, assignment, or transfer of its

26  certificate of authorization, facilities or any portion

27  thereof, or majority organizational control may occur prior to

28  commission approval if the contract for sale, assignment, or

29  transfer is made contingent upon commission approval.

30         Section 4.  Subsection (7)(g)(1) of section 163.01,

31  Florida Statutes, is amended to read:

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1887

    Amendment No. 1 (for drafter's use only)





 1         163.01  Florida Interlocal Cooperation Act of 1969.--

 2         (7)

 3         (g)1.  Notwithstanding any other provisions of this

 4  section, any separate legal entity created under this section,

 5  the membership of which is limited to contiguous

 6  municipalities and counties of the state, and municipalities

 7  situated within such counties, may acquire, own, construct,

 8  improve, operate, and manage public facilities relating to a

 9  governmental function or purpose, including, but not limited

10  to, wastewater facilities, water or alternative water supply

11  facilities, and water reuse facilities, which may only serve

12  populations within or outside of the members of the entity.

13  Notwithstanding s. 367.171(7), any separate legal entity

14  created under this paragraph is not subject to commission

15  jurisdiction and may not provide utility services within the

16  service area of an existing utility system unless it has

17  received the consent of the utility. The entity may finance or

18  refinance the acquisition, construction, expansion, and

19  improvement of the public facility through the issuance of its

20  bonds, notes, or other obligations under this section. The

21  entity has all the powers provided by the interlocal agreement

22  under which it is created or which are necessary to own,

23  operate, or manage the public facility, including, without

24  limitation, the power to establish rates, charges, and fees

25  for products or services provided by it, the power to levy

26  special assessments, the power to sell all or a portion of its

27  facility, and the power to contract with a public or private

28  entity to manage and operate its facilities or to provide or

29  receive services or products. Except as may be limited by the

30  interlocal agreement under which the entity is created, all of

31  the privileges, benefits, powers, and terms of s. 125.01, and

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1887

    Amendment No. 1 (for drafter's use only)





 1  153.04 relating to counties, and s. 166.021 and 180.06,

 2  relating to municipalities, are fully applicable to the

 3  entity. However, neither the entity nor any of its members on

 4  behalf of the entity may exercise the power of eminent domain

 5  over the facilities or property of any existing water or

 6  wastewater plant utility system, nor may the entity acquire

 7  title to any water or wastewater plant utility facilities or

 8  property which was acquired by the use of eminent domain after

 9  the effective date of this act. Bonds, notes, and other

10  obligations issued by the entity are issued on behalf of the

11  public agencies that are members of the entity.

12         Section 5.  Section 367.0816, Florida Statutes, is

13  amended to read:

14         367.0816  Recovery of rate case expenses.--The amount

15  of rate case expense determined by the commission pursuant to

16  the provisions of this chapter to be recovered through a

17  public utilities rate shall be apportioned for recovery over a

18  period of 4 years.  At the conclusion of the recovery period,

19  the rate of the public utility shall be reduced immediately by

20  the amount of rate case expense previously included in rates.

21

22

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

24  And the title is amended as follows:

25         On page 1, lines 2-5,

26  remove from the title of the bill:  all of said lines

27

28  and insert in lieu thereof:

29   amending s. 367.021, F.S.; redefining the term "governmental

30  authority"; amending s. 367.022, F.S.; providing for

31  additional exemptions; clarifying an exemption for resellers

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1887

    Amendment No. 1 (for drafter's use only)





 1  from regulation as a utility by the Public Service Commission;

 2  amending s. 367.071, F.S.; authorizing specified transactions

 3  to occur prior to Public Service Commission approval; amending

 4  s. 163.01, F.S.; requiring that counties be contiguous in

 5  order to form authorities; requiring that authorities may only

 6  serve populations within the members of the entity; amending

 7  s. 367.0816, F.S.; removing provision requiring rate case

 8  expense reductions at the conclusion of the recovery period;

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