| 1 | A bill to be entitled |
| 2 | An act relating to the sale of electricity; amending s. |
| 3 | 366.02, F.S.; revising the definition of the term "public |
| 4 | utility" to include specified separate legal entities |
| 5 | created pursuant to the Florida Interlocal Cooperation Act |
| 6 | of 1969; amending s. 366.11, F.S.; providing that |
| 7 | provisions regulating public utilities apply to the sale |
| 8 | of electricity by such separate legal entities; providing |
| 9 | an effective date. |
| 10 |
|
| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
|
| 13 | Section 1. Subsection (1) of section 366.02, Florida |
| 14 | Statutes, is amended to read: |
| 15 | 366.02 Definitions.-As used in this chapter: |
| 16 | (1) "Public utility" means every person, corporation, |
| 17 | partnership, association, separate legal entity created pursuant |
| 18 | to s. 163.01(15), or other legal entity and their lessees, |
| 19 | trustees, or receivers supplying electricity or gas (natural, |
| 20 | manufactured, or similar gaseous substance) to or for the public |
| 21 | within this state; but the term "public utility" does not |
| 22 | include either a cooperative now or hereafter organized and |
| 23 | existing under the Rural Electric Cooperative Law of the state; |
| 24 | a municipality or any agency thereof; any dependent or |
| 25 | independent special natural gas district; any natural gas |
| 26 | transmission pipeline company making only sales or |
| 27 | transportation delivery of natural gas at wholesale and to |
| 28 | direct industrial consumers; any entity selling or arranging for |
| 29 | sales of natural gas which neither owns nor operates natural gas |
| 30 | transmission or distribution facilities within the state; or a |
| 31 | person supplying liquefied petroleum gas, in either liquid or |
| 32 | gaseous form, irrespective of the method of distribution or |
| 33 | delivery, or owning or operating facilities beyond the outlet of |
| 34 | a meter through which natural gas is supplied for compression |
| 35 | and delivery into motor vehicle fuel tanks or other |
| 36 | transportation containers, unless such person also supplies |
| 37 | electricity or manufactured or natural gas. |
| 38 | Section 2. Subsection (1) of section 366.11, Florida |
| 39 | Statutes, is amended to read: |
| 40 | 366.11 Certain exemptions.- |
| 41 | (1) No provision of this chapter shall apply in any |
| 42 | manner, other than as specified in ss. 366.04, 366.05(7) and |
| 43 | (8), 366.051, 366.055, 366.093, 366.095, 366.14, 366.80-366.85, |
| 44 | and 366.91, to utilities owned and operated by municipalities, |
| 45 | whether within or without any municipality, or by cooperatives |
| 46 | organized and existing under the Rural Electric Cooperative Law |
| 47 | of the state, or to the sale of electricity, manufactured gas, |
| 48 | or natural gas at wholesale by any public utility to, and the |
| 49 | purchase by, any municipality or cooperative under and pursuant |
| 50 | to any contracts now in effect or which may be entered into in |
| 51 | the future, when such municipality or cooperative is engaged in |
| 52 | the sale and distribution of electricity or manufactured or |
| 53 | natural gas, or to the rates provided for in such contracts; |
| 54 | however, this chapter applies to the sale of electricity by any |
| 55 | separate legal entity created pursuant to s. 163.01(15). |
| 56 | Section 3. This act shall take effect July 1, 2010. |