June 01, 2020
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       Florida Senate - 2010                                    SB 2632
       
       
       
       By Senator Negron
       
       
       
       
       28-01595A-10                                          20102632__
    1                        A bill to be entitled                      
    2         An act relating to municipal electric utilities;
    3         amending s. 366.02, F.S.; revising the definition of
    4         the term “public utility” to include certain municipal
    5         electric utilities for a specified minimum period;
    6         amending s. 366.11, F.S.; providing that such
    7         municipal electric utilities are not exempt from
    8         specified provisions regulating public utilities;
    9         providing that the Florida Public Service Commission
   10         has the authority to enforce the provisions of the
   11         act; providing rulemaking authority; providing an
   12         effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (1) of section 366.02, Florida
   17  Statutes, is amended to read:
   18         366.02 Definitions.—As used in this chapter:
   19         (1) “Public utility” means every person, corporation,
   20  partnership, association, or other legal entity and their
   21  lessees, trustees, or receivers supplying electricity or gas
   22  (natural, manufactured, or similar gaseous substance) to or for
   23  the public within this state; but the term “public utility” does
   24  not include either a cooperative now or hereafter organized and
   25  existing under the Rural Electric Cooperative Law of the state;
   26  a municipality or any agency thereof, except for a municipality
   27  or agency thereof that is supplying electricity to or for the
   28  public and serves more than 56 percent of its total retail
   29  electric customers at physical addresses located outside its
   30  municipal boundaries, with less than 50 percent of the customers
   31  outside its municipal boundaries receiving service at physical
   32  addresses within the boundaries of another municipality pursuant
   33  to contract or agreement between the municipalities; any
   34  dependent or independent special natural gas district; any
   35  natural gas transmission pipeline company making only sales or
   36  transportation delivery of natural gas at wholesale and to
   37  direct industrial consumers; any entity selling or arranging for
   38  sales of natural gas which neither owns nor operates natural gas
   39  transmission or distribution facilities within the state; or a
   40  person supplying liquefied petroleum gas, in either liquid or
   41  gaseous form, irrespective of the method of distribution or
   42  delivery, or owning or operating facilities beyond the outlet of
   43  a meter through which natural gas is supplied for compression
   44  and delivery into motor vehicle fuel tanks or other
   45  transportation containers, unless such person also supplies
   46  electricity or manufactured or natural gas. A municipality or
   47  agency thereof that qualifies as a public utility under this
   48  subsection shall be treated as a public utility for a minimum of
   49  5 years.
   50         Section 2. Subsection (1) of section 366.11, Florida
   51  Statutes, is amended to read:
   52         366.11 Certain exemptions.—
   53         (1) No provision of this chapter shall apply in any manner,
   54  other than as specified in ss. 366.04, 366.05(7) and (8),
   55  366.051, 366.055, 366.093, 366.095, 366.14, 366.80-366.85, and
   56  366.91, to utilities owned and operated by municipalities,
   57  except those defined as public utilities pursuant to s.
   58  366.02(1), whether within or without any municipality, or by
   59  cooperatives organized and existing under the Rural Electric
   60  Cooperative Law of the state, or to the sale of electricity,
   61  manufactured gas, or natural gas at wholesale by any public
   62  utility to, and the purchase by, any municipality or cooperative
   63  under and pursuant to any contracts now in effect or which may
   64  be entered into in the future, when such municipality or
   65  cooperative is engaged in the sale and distribution of
   66  electricity or manufactured or natural gas, or to the rates
   67  provided for in such contracts.
   68         Section 3. The Florida Public Service Commission shall have
   69  jurisdiction to enforce the provisions of this act and is
   70  authorized to adopt rules to implement this act.
   71         Section 4. This act shall take effect upon becoming a law.

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