SENATE AMENDMENT

    Bill No. SB 1954

    Amendment No. ___   Barcode 605878

                            CHAMBER ACTION
              Senate                               House
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11  Senator Campbell moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 5, between lines 7 and 8,

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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 that which is excluded from the

21  provisions of this chapter or that adopts a resolution

22  pursuant to subsection (1) shall regulate the rates of all

23  utilities in that county which would otherwise be subject to

24  regulation by the commission pursuant to s. 367.081(1), (2),

25  (3), and (6).  The county shall not regulate the rates or

26  charges of any system or facility that which would otherwise

27  be exempt from commission regulation pursuant to s.

28  367.022(2). A county or governmental authority located within

29  such county may not acquire or perfect title by final

30  judgment, through the exercise or use of the power of eminent

31  domain, over any water or wastewater utility system or

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    1:40 PM   03/20/02                                s1954c-33m0a




                                                  SENATE AMENDMENT

    Bill No. SB 1954

    Amendment No. ___   Barcode 605878





  1  facility regulated by such county pursuant to this chapter, or

  2  over any water or wastewater utility system or facility that

  3  has been regulated by such county within the preceding 5

  4  years, unless the county demonstrates that the utility system

  5  or facility to be condemned constitutes a present danger to

  6  the public health or the environment or has been abandoned.

  7  For this purpose the county or its agency shall proceed as

  8  though the county or agency is the commission.

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10  (Redesignate subsequent sections.)

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

14  And the title is amended as follows:

15         On page 1, line 8, after the semicolon,

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17  insert:

18         amending s. 367.171, F.S.; requiring specified

19         counties to regulate the rates of utilities in

20         the county; prohibiting certain local

21         government authorities from acquiring title to

22         certain water or wastewater utility systems by

23         eminent domain;

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    1:40 PM   03/20/02                                s1954c-33m0a