| 1 | A bill to be entitled |
| 2 | An act relating to municipal electric utilities; amending |
| 3 | s. 366.02, F.S.; revising the definition of the term |
| 4 | "public utility" to include certain municipal electric |
| 5 | utilities for a specified minimum period; amending s. |
| 6 | 366.11, F.S.; providing that such municipal electric |
| 7 | utilities are not exempt from specified provisions |
| 8 | regulating public utilities; providing that the Florida |
| 9 | Public Service Commission has the authority to enforce the |
| 10 | provisions of the act; providing rulemaking authority; |
| 11 | providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Subsection (1) of section 366.02, Florida |
| 16 | Statutes, is amended to read: |
| 17 | 366.02 Definitions.-As used in this chapter: |
| 18 | (1) "Public utility" means every person, corporation, |
| 19 | partnership, association, or other legal entity and their |
| 20 | lessees, trustees, or receivers supplying electricity or gas |
| 21 | (natural, manufactured, or similar gaseous substance) to or for |
| 22 | the public within this state; but the term "public utility" does |
| 23 | not include either a cooperative now or hereafter organized and |
| 24 | existing under the Rural Electric Cooperative Law of the state; |
| 25 | a municipality or any agency thereof, except for a municipality |
| 26 | or agency thereof that is supplying electricity to or for the |
| 27 | public and has less than 45 percent of its total retail electric |
| 28 | customers receiving service at physical addresses located within |
| 29 | its corporate boundaries; any dependent or independent special |
| 30 | natural gas district; any natural gas transmission pipeline |
| 31 | company making only sales or transportation delivery of natural |
| 32 | gas at wholesale and to direct industrial consumers; any entity |
| 33 | selling or arranging for sales of natural gas which neither owns |
| 34 | nor operates natural gas transmission or distribution facilities |
| 35 | within the state; or a person supplying liquefied petroleum gas, |
| 36 | in either liquid or gaseous form, irrespective of the method of |
| 37 | distribution or delivery, or owning or operating facilities |
| 38 | beyond the outlet of a meter through which natural gas is |
| 39 | supplied for compression and delivery into motor vehicle fuel |
| 40 | tanks or other transportation containers, unless such person |
| 41 | also supplies electricity or manufactured or natural gas. A |
| 42 | municipality or agency thereof that qualifies as a public |
| 43 | utility under this subsection shall be treated as a public |
| 44 | utility for a minimum of 5 years. |
| 45 | Section 2. Subsection (1) of section 366.11, Florida |
| 46 | Statutes, is amended to read: |
| 47 | 366.11 Certain exemptions.- |
| 48 | (1) No provision of this chapter shall apply in any |
| 49 | manner, 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, |
| 51 | and 366.91, to utilities owned and operated by municipalities, |
| 52 | except those defined as public utilities pursuant to s. |
| 53 | 366.02(1), whether within or without any municipality, or by |
| 54 | cooperatives organized and existing under the Rural Electric |
| 55 | Cooperative Law of the state, or to the sale of electricity, |
| 56 | manufactured gas, or natural gas at wholesale by any public |
| 57 | utility to, and the purchase by, any municipality or cooperative |
| 58 | under and pursuant to any contracts now in effect or which may |
| 59 | be entered into in the future, when such municipality or |
| 60 | cooperative is engaged in the sale and distribution of |
| 61 | electricity or manufactured or natural gas, or to the rates |
| 62 | provided for in such contracts. |
| 63 | Section 3. The Florida Public Service Commission shall |
| 64 | have jurisdiction to enforce the provisions of this act and is |
| 65 | authorized to adopt rules to implement this act. |
| 66 | Section 4. This act shall take effect upon becoming a law. |