Florida Senate - 2020                                     SB 288
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       37-00408-20                                            2020288__
    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, produce renewable
    6         energy from that device, and provide or sell the
    7         renewable energy to users on that property, under
    8         certain circumstances; reenacting ss. 290.007(8),
    9         350.111, 366.05(2), 366.96(2)(a), 377.602(3),
   10         440.02(24)(d), 538.18(12), 768.1382(1)(e),
   11         812.145(1)(e), 815.061(1)(a), 893.13(10), and
   12         934.03(2)(g), F.S., relating to state incentives
   13         available in enterprise zones, definitions, the powers
   14         of the Public Service Commission, storm protection
   15         plan cost recovery, definitions, theft of copper or
   16         other nonferrous metals, offenses against public
   17         utilities, prohibited acts and penalties, and
   18         interception and disclosure of wire, oral, or
   19         electronic communications, respectively, to
   20         incorporate the amendment made to s. 366.02, F.S., in
   21         references thereto; providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Subsection (1) of section 366.02, Florida
   26  Statutes, is amended to read:
   27         366.02 Definitions.—As used in this chapter:
   28         (1) “Public utility” means every person, corporation,
   29  partnership, association, or other legal entity and their
   30  lessees, trustees, or receivers supplying electricity or gas
   31  (natural, manufactured, or similar gaseous substance) to or for
   32  the public within this state.; but The term “public utility”
   33  does not include either a cooperative now or hereafter organized
   34  and existing under the Rural Electric Cooperative Law of the
   35  state; a municipality or any agency thereof; a property owner
   36  who owns and operates a renewable energy source device as
   37  defined in s. 193.624 with a capacity of up to 2.5 megawatts on
   38  his or her property and who produces and provides or sells
   39  renewable energy from that device to users located on the
   40  property; any dependent or independent special natural gas
   41  district; any natural gas transmission pipeline company making
   42  only sales or transportation delivery of natural gas at
   43  wholesale and to direct industrial consumers; any entity selling
   44  or arranging for sales of natural gas which neither owns nor
   45  operates natural gas transmission or distribution facilities
   46  within the state; or a person supplying liquefied petroleum gas,
   47  in either liquid or gaseous form, irrespective of the method of
   48  distribution or delivery, or owning or operating facilities
   49  beyond the outlet of a meter through which natural gas is
   50  supplied for compression and delivery into motor vehicle fuel
   51  tanks or other transportation containers, unless such person
   52  also supplies electricity or manufactured or natural gas.
   53         Section 2. For the purpose of incorporating the amendment
   54  made by this act to section 366.02, Florida Statutes, in a
   55  reference thereto, subsection (8) of section 290.007, Florida
   56  Statutes, is reenacted to read:
   57         290.007 State incentives available in enterprise zones.—The
   58  following incentives are provided by the state to encourage the
   59  revitalization of enterprise zones:
   60         (8) Notwithstanding any law to the contrary, the Public
   61  Service Commission may allow public utilities and
   62  telecommunications companies to grant discounts of up to 50
   63  percent on tariffed rates for services to small businesses
   64  located in an enterprise zone designated pursuant to s.
   65  290.0065. Such discounts may be granted for a period not to
   66  exceed 5 years. For purposes of this subsection, the term
   67  “public utility” has the same meaning as in s. 366.02(1) and the
   68  term “telecommunications company” has the same meaning as in s.
   69  364.02(13).
   70         Section 3. For the purpose of incorporating the amendment
   71  made by this act to section 366.02, Florida Statutes, in a
   72  reference thereto, section 350.111, Florida Statutes, is
   73  reenacted to read:
   74         350.111 “Regulated company” defined.—As used in ss.
   75  350.111-350.117 and ss. 350.121-350.128, “regulated company”
   76  means any public utility as defined in s. 366.02 or any person
   77  holding a valid and current certificate from the commission
   78  under chapter 351, chapter 364, chapter 365, or chapter 367.
   79         Section 4. For the purpose of incorporating the amendment
   80  made by this act to section 366.02, Florida Statutes, in a
   81  reference thereto, subsection (2) of section 366.05, Florida
   82  Statutes, is reenacted to read:
   83         366.05 Powers.—
   84         (2) Every public utility, as defined in s. 366.02, which in
   85  addition to the production, transmission, delivery or furnishing
   86  of heat, light, or power also sells appliances or other
   87  merchandise shall keep separate and individual accounts for the
   88  sale and profit deriving from such sales. No profit or loss
   89  shall be taken into consideration by the commission from the
   90  sale of such items in arriving at any rate to be charged for
   91  service by any public utility.
   92         Section 5. For the purpose of incorporating the amendment
   93  made by this act to section 366.02, Florida Statutes, in a
   94  reference thereto, paragraph (a) of subsection (2) of section
   95  366.96, Florida Statutes, is reenacted to read:
   96         366.96 Storm protection plan cost recovery.—
   97         (2) As used in this section, the term:
   98         (a) “Public utility” or “utility” has the same meaning as
   99  set forth in s. 366.02(1), except that it does not include a gas
  100  utility.
  101         Section 6. For the purpose of incorporating the amendment
  102  made by this act to section 366.02, Florida Statutes, in a
  103  reference thereto, subsection (3) of section 377.602, Florida
  104  Statutes, is reenacted to read:
  105         377.602 Definitions.—As used in ss. 377.601-377.608:
  106         (3) “Person” means producer, refiner, wholesaler, marketer,
  107  consignee, jobber, distributor, storage operator, importer,
  108  exporter, firm, corporation, broker, cooperative, public utility
  109  as defined in s. 366.02, rural electrification cooperative,
  110  municipality engaged in the business of providing electricity or
  111  other energy resources to the public, pipeline company, person
  112  transporting any energy resources as defined in subsection (2),
  113  and person holding energy reserves for further production;
  114  however, “person” does not include persons exclusively engaged
  115  in the retail sale of petroleum products.
  116         Section 7. For the purpose of incorporating the amendment
  117  made by this act to section 366.02, Florida Statutes, in a
  118  reference thereto, paragraph (d) of subsection (24) of section
  119  440.02, Florida Statutes, is reenacted to read:
  120         440.02 Definitions.—When used in this chapter, unless the
  121  context clearly requires otherwise, the following terms shall
  122  have the following meanings:
  123         (24) “Self-insurer” means:
  124         (d) A public utility as defined in s. 364.02 or s. 366.02
  125  that has assumed by contract the liabilities of contractors or
  126  subcontractors pursuant to s. 624.46225; or
  127         Section 8. For the purpose of incorporating the amendment
  128  made by this act to section 366.02, Florida Statutes, in a
  129  reference thereto, subsection (12) of section 538.18, Florida
  130  Statutes, is reenacted to read:
  131         538.18 Definitions.—As used in this part, the term:
  132         (12) “Utility” means a public utility or electric utility
  133  as defined in s. 366.02 or a person, firm, corporation,
  134  association, or political subdivision, whether private,
  135  municipal, county, or cooperative, that is engaged in the sale,
  136  generation, provision, or delivery of gas, electricity, heat,
  137  water, oil, sewer service, or telephone, telegraph, radio,
  138  telecommunications, or communications service.
  139         Section 9. For the purpose of incorporating the amendment
  140  made by this act to section 366.02, Florida Statutes, in a
  141  reference thereto, paragraph (e) of subsection (1) of section
  142  768.1382, Florida Statutes, is reenacted to read:
  143         768.1382 Streetlights, security lights, and other similar
  144  illumination; limitation on liability.—
  145         (1) As used in this section, the term:
  146         (e) “Streetlight provider” means the state or any of the
  147  state’s officers, agencies, or instrumentalities, any political
  148  subdivision as defined in s. 1.01, any public utility as defined
  149  in s. 366.02(1), or any electric utility as defined in s.
  150  366.02(2).
  151         Section 10. For the purpose of incorporating the amendment
  152  made by this act to section 366.02, Florida Statutes, in a
  153  reference thereto, paragraph (e) of subsection (1) of section
  154  812.145, Florida Statutes, is reenacted to read:
  155         812.145 Theft of copper or other nonferrous metals.—
  156         (1) As used in this section, the term:
  157         (e) “Utility” means a public utility or electric utility as
  158  defined in s. 366.02, or a person, firm, corporation,
  159  association, or political subdivision, whether private,
  160  municipal, county, or cooperative, which is engaged in the sale,
  161  generation, provision, or delivery of gas, electricity, heat,
  162  water, oil, sewer service, or telephone, telegraph, radio,
  163  telecommunications, or communications service. The term includes
  164  any person, firm, corporation, association, or political
  165  subdivision, whether private, municipal, county, or cooperative,
  166  which is engaged in the sale, generation, provision, or delivery
  167  of gas or electricity services.
  168         Section 11. For the purpose of incorporating the amendment
  169  made by this act to section 366.02, Florida Statutes, in a
  170  reference thereto, paragraph (a) of subsection (1) of section
  171  815.061, Florida Statutes, is reenacted to read:
  172         815.061 Offenses against public utilities.—
  173         (1) As used in this section, the term “public utility”
  174  includes:
  175         (a) A public utility or electric utility as defined in s.
  176  366.02.
  177         Section 12. For the purpose of incorporating the amendment
  178  made by this act to section 366.02, Florida Statutes, in a
  179  reference thereto, subsection (10) of section 893.13, Florida
  180  Statutes, is reenacted to read:
  181         893.13 Prohibited acts; penalties.—
  182         (10) If a person violates any provision of this chapter and
  183  the violation results in a serious injury to a state or local
  184  law enforcement officer as defined in s. 943.10, firefighter as
  185  defined in s. 633.102, emergency medical technician as defined
  186  in s. 401.23, paramedic as defined in s. 401.23, employee of a
  187  public utility or an electric utility as defined in s. 366.02,
  188  animal control officer as defined in s. 828.27, volunteer
  189  firefighter engaged by state or local government, law
  190  enforcement officer employed by the Federal Government, or any
  191  other local, state, or Federal Government employee injured
  192  during the course and scope of his or her employment, the person
  193  commits a felony of the third degree, punishable as provided in
  194  s. 775.082, s. 775.083, or s. 775.084. If the injury sustained
  195  results in death or great bodily harm, the person commits a
  196  felony of the second degree, punishable as provided in s.
  197  775.082, s. 775.083, or s. 775.084.
  198         Section 13. For the purpose of incorporating the amendment
  199  made by this act to section 366.02, Florida Statutes, in a
  200  reference thereto, paragraph (g) of subsection (2) of section
  201  934.03, Florida Statutes, is reenacted to read:
  202         934.03 Interception and disclosure of wire, oral, or
  203  electronic communications prohibited.—
  204         (2)
  205         (g) It is lawful under this section and ss. 934.04-934.09
  206  for an employee of:
  207         1. An ambulance service licensed pursuant to s. 401.25, a
  208  fire station employing firefighters as defined by s. 633.102, a
  209  public utility, a law enforcement agency as defined by s.
  210  934.02(10), or any other entity with published emergency
  211  telephone numbers;
  212         2. An agency operating an emergency telephone number “911”
  213  system established pursuant to s. 365.171; or
  214         3. The central abuse hotline operated pursuant to s. 39.201
  215  
  216  to intercept and record incoming wire communications; however,
  217  such employee may intercept and record incoming wire
  218  communications on designated “911” telephone numbers and
  219  published nonemergency telephone numbers staffed by trained
  220  dispatchers at public safety answering points only. It is also
  221  lawful for such employee to intercept and record outgoing wire
  222  communications to the numbers from which such incoming wire
  223  communications were placed when necessary to obtain information
  224  required to provide the emergency services being requested. For
  225  the purpose of this paragraph, the term “public utility” has the
  226  same meaning as provided in s. 366.02 and includes a person,
  227  partnership, association, or corporation now or hereafter owning
  228  or operating equipment or facilities in the state for conveying
  229  or transmitting messages or communications by telephone or
  230  telegraph to the public for compensation.
  231         Section 14. This act shall take effect July 1, 2020.