Bill Text: FL S2168 | 2010 | Regular Session | Introduced

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Bill Title: Sale of Electricity [EPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Communications, Energy, and Public Utilities [S2168 Detail]

Download: Florida-2010-S2168-Introduced.html

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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. 
10 
11  Be It Enacted by the Legislature of the State of Florida: 
12 
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.