Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS/HB 7129, 2nd Eng.
       
       
       
       
       
       
                                Barcode 974416                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             05/02/2011 12:55 PM       .                                
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       Senator Bennett moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 9479 and 9480
    4  insert:
    5         Section 73. Paragraph (e) of subsection (2) of section
    6  366.04, Florida Statutes, is amended to read:
    7         366.04 Jurisdiction of commission.—
    8         (2) In the exercise of its jurisdiction, the commission
    9  shall have power over electric utilities for the following
   10  purposes:
   11         (e) To resolve, upon petition of a utility or on its own
   12  motion, any territorial dispute involving service areas between
   13  and among rural electric cooperatives, municipal electric
   14  utilities, and other electric utilities under its jurisdiction.
   15  In resolving territorial disputes, the commission may consider,
   16  but not be limited to consideration of, the ability of the
   17  utilities to expand services within their own capabilities and
   18  the nature of the area involved, including population, the
   19  degree of urbanization of the area, its proximity to other urban
   20  areas, and the present and reasonably foreseeable future
   21  requirements of the area for other utility services, and the
   22  data, analysis, and evidence provided by an affected landowner.
   23  Any affected landowner that has provided data, analysis, or
   24  evidence for consideration by the commission in any territorial
   25  dispute may file a petition with the commission pursuant to ss.
   26  120.569 and 120.57 within 21 days after the decision of the
   27  commission.
   28  
   29  No provision of this chapter shall be construed or applied to
   30  impede, prevent, or prohibit any municipally owned electric
   31  utility system from distributing at retail electrical energy
   32  within its corporate limits, as such corporate limits exist on
   33  July 1, 1974; however, existing territorial agreements shall not
   34  be altered or abridged hereby.
   35  
   36  ================= T I T L E  A M E N D M E N T ================
   37         And the title is amended as follows:
   38         Delete line 156
   39  and insert:
   40         made by this act; amending s. 366.04, F.S.; revising
   41         the Public Service Commission’s jurisdiction relating
   42         to electric utilities and territorial disputes;
   43         authorizing the commission to consider data, analysis,
   44         and evidence provided by an affected landowner in any
   45         territorial dispute; authorizing any affected
   46         landowner that has provided such data, analysis, and
   47         evidence for consideration by the commission to file a
   48         petition within a specified period after the
   49         commission’s decision; extending permits and other