Florida Senate - 2018                                     SB 292
       By Senator Rodriguez
       37-00059A-18                                           2018292__
    1                        A bill to be entitled                      
    2         An act relating to private property rights; amending
    3         s. 366.02, F.S.; exempting from the definition of
    4         “public utility” property owners who own and operate a
    5         renewable energy source device and who produce
    6         renewable energy from that device and provide and sell
    7         such renewable energy to users on that property, under
    8         certain circumstances; providing an effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Subsection (1) of section 366.02, Florida
   13  Statutes, is amended to read:
   14         366.02 Definitions.—As used in this chapter:
   15         (1) “Public utility” means every person, corporation,
   16  partnership, association, or other legal entity and their
   17  lessees, trustees, or receivers supplying electricity or gas
   18  (natural, manufactured, or similar gaseous substance) to or for
   19  the public within this state.; but The term “public utility”
   20  does not include either a cooperative now or hereafter organized
   21  and existing under the Rural Electric Cooperative Law of the
   22  state; a municipality or any agency thereof; a property owner
   23  who owns and operates on that property a renewable energy source
   24  device as defined in s. 193.624 with a capacity of up to 2.5
   25  megawatts and who produces and provides or sells renewable
   26  energy from that device to users located on the property; any
   27  dependent or independent special natural gas district; any
   28  natural gas transmission pipeline company making only sales or
   29  transportation delivery of natural gas at wholesale and to
   30  direct industrial consumers; any entity selling or arranging for
   31  sales of natural gas which neither owns nor operates natural gas
   32  transmission or distribution facilities within the state; or a
   33  person supplying liquefied petroleum gas, in either liquid or
   34  gaseous form, irrespective of the method of distribution or
   35  delivery, or owning or operating facilities beyond the outlet of
   36  a meter through which natural gas is supplied for compression
   37  and delivery into motor vehicle fuel tanks or other
   38  transportation containers, unless such person also supplies
   39  electricity or manufactured or natural gas.
   40         Section 2. This act shall take effect July 1, 2018.