Florida Senate - 2023                                    SB 1380
       
       
        
       By Senator Martin
       
       
       
       
       
       33-01359-23                                           20231380__
    1                        A bill to be entitled                      
    2         An act relating to municipal electric utilities;
    3         amending s. 366.02, F.S.; revising the definition of
    4         the term “public utility” to include a municipality
    5         supplying electricity to any electric retail customer
    6         receiving service at a physical address located
    7         outside its corporate boundaries; amending s. 366.04,
    8         F.S.; requiring certain municipalities to be treated
    9         as public utilities for a specified timeframe;
   10         requiring the Florida Public Service Commission to
   11         adopt rules; amending s. 366.11, F.S.; conforming
   12         provisions to changes made by the act; providing an
   13         effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (8) of section 366.02, Florida
   18  Statutes, is amended to read:
   19         366.02 Definitions.—As used in this chapter:
   20         (8) “Public utility” means every person, corporation,
   21  partnership, association, or other legal entity and their
   22  lessees, trustees, or receivers supplying electricity or gas
   23  (natural, manufactured, or similar gaseous substance) to or for
   24  the public within this state; but the term “public utility” does
   25  not include either a cooperative now or hereafter organized and
   26  existing under the Rural Electric Cooperative Law of the state;
   27  a municipality or any agency thereof, except for a municipality
   28  or any agency thereof supplying electricity to any electric
   29  retail customer receiving service at a physical address located
   30  outside its corporate boundaries; any dependent or independent
   31  special natural gas district; any natural gas transmission
   32  pipeline company making only sales or transportation delivery of
   33  natural gas at wholesale and to direct industrial consumers; any
   34  entity selling or arranging for sales of natural gas which
   35  neither owns nor operates natural gas transmission or
   36  distribution facilities within the state; or a person supplying
   37  liquefied petroleum gas, in either liquid or gaseous form,
   38  irrespective of the method of distribution or delivery, or
   39  owning or operating facilities beyond the outlet of a meter
   40  through which natural gas is supplied for compression and
   41  delivery into motor vehicle fuel tanks or other transportation
   42  containers, unless such person also supplies electricity or
   43  manufactured or natural gas.
   44         Section 2. Subsection (10) is added to section 366.04,
   45  Florida Statutes, to read:
   46         366.04 Jurisdiction of commission.—
   47         (10) A municipality or any agency thereof supplying
   48  electricity to any electric retail customer receiving service at
   49  a physical address located outside its corporate boundaries
   50  qualifies as a public utility and shall be regulated under this
   51  chapter for a minimum of 5 years. The commission shall adopt
   52  rules to implement this subsection.
   53         Section 3. Subsection (1) of section 366.11, Florida
   54  Statutes, is amended to read:
   55         366.11 Certain exemptions.—
   56         (1) No provision of This chapter does not shall apply in
   57  any manner, other than as specified in ss. 366.04, 366.05(7) and
   58  (8), 366.051, 366.055, 366.093, 366.095, 366.14, 366.80-366.83,
   59  and 366.91, to utilities owned and operated by municipalities,
   60  except those defined as public utilities in s. 366.02 whether
   61  within or without any municipality, or by cooperatives organized
   62  and existing under the Rural Electric Cooperative Law of the
   63  state, or to the sale of electricity, manufactured gas, or
   64  natural gas at wholesale by any public utility to, and the
   65  purchase by, any municipality or cooperative under and pursuant
   66  to any contracts now in effect or which may be entered into in
   67  the future, when such municipality or cooperative is engaged in
   68  the sale and distribution of electricity or manufactured or
   69  natural gas, or to the rates provided for in such contracts.
   70         Section 4. This act shall take effect July 1, 2023.