HOUSE AMENDMENT
                                                  Bill No. HB 1491
    Amendment No. 01 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  Representative(s) Attkisson offered the following:
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13         Amendment to Amendment (400573) (with title amendment) 
14         On page 8, between lines 17-18 of the amendment
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16  insert:  
17         Section 2.  Subsection (8) of section 367.171, Florida
18  Statutes, is amended to read:
19         367.171  Effectiveness of this chapter.--
20         (8)  Each county which is excluded from the provisions
21  of this chapter or adopts a resolution pursuant to subsection
22  (1) shall regulate the rates of all utilities in that county
23  which would otherwise be subject to regulation by the
24  commission pursuant to s. 367.081(1), (2), (3), and (6).  The
25  county shall not regulate the rates or charges of any system
26  or facility which would otherwise be exempt from commission
27  regulation pursuant to s. 367.022(2). No county, or authority
28  or district within such county, shall exercise the power of
29  eminent domain over any water or wastewater utility system or
30  facility regulated by such county pursuant to this chapter, or
31  which has been regulated by such county within the preceding 5
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    File original & 9 copies    04/26/01                          
    hmi0003                     02:20 pm         01491-0079-503233

HOUSE AMENDMENT Bill No. HB 1491 Amendment No. 01 (for drafter's use only) 1 years, unless the county demonstrates that the utility system 2 or facility to be condemned constitutes a present danger to 3 the public health or has been abandoned. For this purpose the 4 county or its agency shall proceed as though the county or 5 agency is the commission. In all proceedings conducted by a 6 county or its agency under the authority of this chapter, the 7 provisions of ss. 120.569 and 120.57 shall apply. 8 9 10 ================ T I T L E A M E N D M E N T =============== 11 And the title is amended as follows: 12 On page 9, line 2 of the amendment 13 14 after the semicolon insert: 15 relating to local government regulation of 16 water or wastewater utilities; amending s. 17 367.171, F.S.; providing for regulation of 18 certain utilities by certain counties; 19 prohibiting exercise of eminent domain by 20 certain governmental entities under certain 21 circumstances; 22 23 24 25 26 27 28 29 30 31 2 File original & 9 copies 04/26/01 hmi0003 02:20 pm 01491-0079-503233