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 |
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11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
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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. |