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 include either a 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.