HB 725

1
A bill to be entitled
2An act relating to municipal electric utilities; amending
3s. 366.02, F.S.; revising the definition of the term
4"public utility" to include certain municipal electric
5utilities for a specified minimum period; amending s.
6366.11, F.S.; providing that such municipal electric
7utilities are not exempt from specified provisions
8regulating public utilities; providing that the Florida
9Public Service Commission has the authority to enforce the
10provisions of the act; providing rulemaking authority;
11providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Subsection (1) of section 366.02, Florida
16Statutes, is amended to read:
17     366.02  Definitions.-As used in this chapter:
18     (1)  "Public utility" means every person, corporation,
19partnership, association, or other legal entity and their
20lessees, trustees, or receivers supplying electricity or gas
21(natural, manufactured, or similar gaseous substance) to or for
22the public within this state; but the term "public utility" does
23not include either a cooperative now or hereafter organized and
24existing under the Rural Electric Cooperative Law of the state;
25a municipality or any agency thereof, except for a municipality
26or agency thereof that is supplying electricity to or for the
27public and has less than 45 percent of its total retail electric
28customers receiving service at physical addresses located within
29its corporate boundaries; any dependent or independent special
30natural gas district; any natural gas transmission pipeline
31company making only sales or transportation delivery of natural
32gas at wholesale and to direct industrial consumers; any entity
33selling or arranging for sales of natural gas which neither owns
34nor operates natural gas transmission or distribution facilities
35within the state; or a person supplying liquefied petroleum gas,
36in either liquid or gaseous form, irrespective of the method of
37distribution or delivery, or owning or operating facilities
38beyond the outlet of a meter through which natural gas is
39supplied for compression and delivery into motor vehicle fuel
40tanks or other transportation containers, unless such person
41also supplies electricity or manufactured or natural gas. A
42municipality or agency thereof that qualifies as a public
43utility under this subsection shall be treated as a public
44utility for a minimum of 5 years.
45     Section 2.  Subsection (1) of section 366.11, Florida
46Statutes, is amended to read:
47     366.11  Certain exemptions.-
48     (1)  No provision of this chapter shall apply in any
49manner, other than as specified in ss. 366.04, 366.05(7) and
50(8), 366.051, 366.055, 366.093, 366.095, 366.14, 366.80-366.85,
51and 366.91, to utilities owned and operated by municipalities,
52except those defined as public utilities pursuant to s.
53366.02(1), whether within or without any municipality, or by
54cooperatives organized and existing under the Rural Electric
55Cooperative Law of the state, or to the sale of electricity,
56manufactured gas, or natural gas at wholesale by any public
57utility to, and the purchase by, any municipality or cooperative
58under and pursuant to any contracts now in effect or which may
59be entered into in the future, when such municipality or
60cooperative is engaged in the sale and distribution of
61electricity or manufactured or natural gas, or to the rates
62provided for in such contracts.
63     Section 3.  The Florida Public Service Commission shall
64have jurisdiction to enforce the provisions of this act and is
65authorized to adopt rules to implement this act.
66     Section 4.  This act shall take effect upon becoming a law.


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