October 24, 2020
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HB 1217

A bill to be entitled
2An act relating to the sale of electricity; amending s.
3366.02, F.S.; revising the definition of the term "public
4utility" to include specified separate legal entities
5created pursuant to the Florida Interlocal Cooperation Act
6of 1969; amending s. 366.11, F.S.; providing that
7provisions regulating public utilities apply to the sale
8of electricity by such separate legal entities; providing
9an effective date.
11Be It Enacted by the Legislature of the State of Florida:
13     Section 1.  Subsection (1) of section 366.02, Florida
14Statutes, is amended to read:
15     366.02  Definitions.-As used in this chapter:
16     (1)  "Public utility" means every person, corporation,
17partnership, association, separate legal entity created pursuant
18to s. 163.01(15), or other legal entity and their lessees,
19trustees, or receivers supplying electricity or gas (natural,
20manufactured, or similar gaseous substance) to or for the public
21within this state; but the term "public utility" does not
22include either a cooperative now or hereafter organized and
23existing under the Rural Electric Cooperative Law of the state;
24a municipality or any agency thereof; any dependent or
25independent special natural gas district; any natural gas
26transmission pipeline company making only sales or
27transportation delivery of natural gas at wholesale and to
28direct industrial consumers; any entity selling or arranging for
29sales of natural gas which neither owns nor operates natural gas
30transmission or distribution facilities within the state; or a
31person supplying liquefied petroleum gas, in either liquid or
32gaseous form, irrespective of the method of distribution or
33delivery, or owning or operating facilities beyond the outlet of
34a meter through which natural gas is supplied for compression
35and delivery into motor vehicle fuel tanks or other
36transportation containers, unless such person also supplies
37electricity or manufactured or natural gas.
38     Section 2.  Subsection (1) of section 366.11, Florida
39Statutes, is amended to read:
40     366.11  Certain exemptions.-
41     (1)  No provision of this chapter shall apply in any
42manner, 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,
44and 366.91, to utilities owned and operated by municipalities,
45whether within or without any municipality, or by cooperatives
46organized and existing under the Rural Electric Cooperative Law
47of the state, or to the sale of electricity, manufactured gas,
48or natural gas at wholesale by any public utility to, and the
49purchase by, any municipality or cooperative under and pursuant
50to any contracts now in effect or which may be entered into in
51the future, when such municipality or cooperative is engaged in
52the sale and distribution of electricity or manufactured or
53natural gas, or to the rates provided for in such contracts;
54however, this chapter applies to the sale of electricity by any
55separate legal entity created pursuant to s. 163.01(15).
56     Section 3.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.
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