Florida Senate - 2011 SB 1048 By Senator Lynn 7-00542-11 20111048__ 1 A bill to be entitled 2 An act relating to public utilities; amending s. 3 366.02, F.S.; revising the definition of the term 4 “public utility” to exclude certain renewable energy 5 production facilities; providing an effective date. 6 7 Be It Enacted by the Legislature of the State of Florida: 8 9 Section 1. Subsection (1) of section 366.02, Florida 10 Statutes, is amended to read: 11 366.02 Definitions.—As used in this chapter: 12 (1) “Public utility” means every person, corporation, 13 partnership, association, or other legal entity and their 14 lessees, trustees, or receivers supplying electricity or gas 15 (natural, manufactured, or similar gaseous substance) to or for 16 the public within this state; but the term “public utility” does 17 not includeeithera cooperative now or hereafter organized and 18 existing under the Rural Electric Cooperative Law of the state; 19 a municipality or any agency thereof; any entity that produces 20 and sells 5 megawatt-hours or less, per hour, of renewable 21 energy, as defined in s. 366.91(2), to users that are located on 22 property adjacent to, contiguous with, or located within 1/2 23 mile of the renewable energy production facility; any dependent 24 or independent special natural gas district; any natural gas 25 transmission pipeline company making only sales or 26 transportation delivery of natural gas at wholesale and to 27 direct industrial consumers; any entity selling or arranging for 28 sales of natural gas which neither owns nor operates natural gas 29 transmission or distribution facilities within the state; or a 30 person supplying liquefied petroleum gas, in either liquid or 31 gaseous form, irrespective of the method of distribution or 32 delivery, or owning or operating facilities beyond the outlet of 33 a meter through which natural gas is supplied for compression 34 and delivery into motor vehicle fuel tanks or other 35 transportation containers, unless such person also supplies 36 electricity or manufactured or natural gas. 37 Section 2. This act shall take effect July 1, 2011.