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       Florida Senate - 2010                                    SB 2168
       By Senator Altman
       24-01807-10                                           20102168__
    1                        A bill to be entitled                      
    2         An act relating to the sale of electricity; amending
    3         s. 366.02, F.S.; revising the definition of the term
    4         “public utility” to include specified separate legal
    5         entities created pursuant to the Florida Interlocal
    6         Cooperation Act of 1969; amending s. 366.11, F.S.;
    7         providing that provisions regulating public utilities
    8         apply to the sale of electricity by such separate
    9         legal entities; providing an effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   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 manner,
   42  other than as specified in ss. 366.04, 366.05(7) and (8),
   43  366.051, 366.055, 366.093, 366.095, 366.14, 366.80-366.85, and
   44  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.

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