Bill Text: FL S0222 | 2019 | Regular Session | Introduced
Bill Title: Private Property Rights
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-05-03 - Died in Innovation, Industry, and Technology [S0222 Detail]
Download: Florida-2019-S0222-Introduced.html
Florida Senate - 2019 SB 222 By Senator Rodriguez 37-00317-19 2019222__ 1 A bill to be entitled 2 An act relating to private property rights; amending 3 s. 366.02, F.S.; exempting from the definition of 4 “public utility” property owners who own and operate a 5 renewable energy source device, produce renewable 6 energy from that device, and provide or sell the 7 renewable energy to users on that property, under 8 certain circumstances; reenacting ss. 290.007(8), 9 350.111, 377.602(3), 440.02(24)(d), 538.18(12), 10 768.1382(1)(e), 812.145(1)(e), 815.061(1)(a), 11 893.13(10), and 934.03(2)(g), F.S., relating to state 12 incentives available in enterprise zones, definitions, 13 streetlights, security lights, and other similar 14 illumination, theft of copper or other nonferrous 15 metals, offenses against public utilities, drug abuse 16 prevention and control, and interception and 17 disclosure of wire, oral, or electronic 18 communications, respectively, to incorporate the 19 amendment made to s. 366.02, F.S., in references 20 thereto; providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Subsection (1) of section 366.02, Florida 25 Statutes, is amended to read: 26 366.02 Definitions.—As used in this chapter: 27 (1) “Public utility” means every person, corporation, 28 partnership, association, or other legal entity and their 29 lessees, trustees, or receivers supplying electricity or gas 30 (natural, manufactured, or similar gaseous substance) to or for 31 the public within this state.; butThe term“public utility”32 does not include either a cooperative now or hereafter organized 33 and existing under the Rural Electric Cooperative Law of the 34 state; a municipality or any agency thereof; a property owner 35 who owns and operates a renewable energy source device as 36 defined in s. 193.624 with a capacity of up to 2.5 megawatts on 37 his or her property and who produces and provides or sells 38 renewable energy from that device to users located on the 39 property; any dependent or independent special natural gas 40 district; any natural gas transmission pipeline company making 41 only sales or transportation delivery of natural gas at 42 wholesale and to direct industrial consumers; any entity selling 43 or arranging for sales of natural gas which neither owns nor 44 operates natural gas transmission or distribution facilities 45 within the state; or a person supplying liquefied petroleum gas, 46 in either liquid or gaseous form, irrespective of the method of 47 distribution or delivery, or owning or operating facilities 48 beyond the outlet of a meter through which natural gas is 49 supplied for compression and delivery into motor vehicle fuel 50 tanks or other transportation containers, unless such person 51 also supplies electricity or manufactured or natural gas. 52 Section 2. For the purpose of incorporating the amendment 53 made by this act to section 366.02, Florida Statutes, in a 54 reference thereto, subsection (8) of section 290.007, Florida 55 Statutes, is reenacted to read: 56 290.007 State incentives available in enterprise zones.—The 57 following incentives are provided by the state to encourage the 58 revitalization of enterprise zones: 59 (8) Notwithstanding any law to the contrary, the Public 60 Service Commission may allow public utilities and 61 telecommunications companies to grant discounts of up to 50 62 percent on tariffed rates for services to small businesses 63 located in an enterprise zone designated pursuant to s. 64 290.0065. Such discounts may be granted for a period not to 65 exceed 5 years. For purposes of this subsection, the term 66 “public utility” has the same meaning as in s. 366.02(1) and the 67 term “telecommunications company” has the same meaning as in s. 68 364.02(13). 69 Section 3. For the purpose of incorporating the amendment 70 made by this act to section 366.02, Florida Statutes, in a 71 reference thereto, section 350.111, Florida Statutes, is 72 reenacted to read: 73 350.111 “Regulated company” defined.—As used in ss. 74 350.111-350.117 and ss. 350.121-350.128, “regulated company” 75 means any public utility as defined in s. 366.02 or any person 76 holding a valid and current certificate from the commission 77 under chapter 351, chapter 364, chapter 365, or chapter 367. 78 Section 4. For the purpose of incorporating the amendment 79 made by this act to section 366.02, Florida Statutes, in a 80 reference thereto, subsection (3) of section 377.602, Florida 81 Statutes, is reenacted to read: 82 377.602 Definitions.—As used in ss. 377.601-377.608: 83 (3) “Person” means producer, refiner, wholesaler, marketer, 84 consignee, jobber, distributor, storage operator, importer, 85 exporter, firm, corporation, broker, cooperative, public utility 86 as defined in s. 366.02, rural electrification cooperative, 87 municipality engaged in the business of providing electricity or 88 other energy resources to the public, pipeline company, person 89 transporting any energy resources as defined in subsection (2), 90 and person holding energy reserves for further production; 91 however, “person” does not include persons exclusively engaged 92 in the retail sale of petroleum products. 93 Section 5. For the purpose of incorporating the amendment 94 made by this act to section 366.02, Florida Statutes, in a 95 reference thereto, paragraph (d) of subsection (24) of section 96 440.02, Florida Statutes, is reenacted to read: 97 440.02 Definitions.—When used in this chapter, unless the 98 context clearly requires otherwise, the following terms shall 99 have the following meanings: 100 (24) “Self-insurer” means: 101 (d) A public utility as defined in s. 364.02 or s. 366.02 102 that has assumed by contract the liabilities of contractors or 103 subcontractors pursuant to s. 624.46225; or 104 Section 6. For the purpose of incorporating the amendment 105 made by this act to section 366.02, Florida Statutes, in a 106 reference thereto, subsection (12) of section 538.18, Florida 107 Statutes, is reenacted to read: 108 538.18 Definitions.—As used in this part, the term: 109 (12) “Utility” means a public utility or electric utility 110 as defined in s. 366.02 or a person, firm, corporation, 111 association, or political subdivision, whether private, 112 municipal, county, or cooperative, that is engaged in the sale, 113 generation, provision, or delivery of gas, electricity, heat, 114 water, oil, sewer service, or telephone, telegraph, radio, 115 telecommunications, or communications service. 116 Section 7. For the purpose of incorporating the amendment 117 made by this act to section 366.02, Florida Statutes, in a 118 reference thereto, paragraph (e) of subsection (1) of section 119 768.1382, Florida Statutes, is reenacted to read: 120 768.1382 Streetlights, security lights, and other similar 121 illumination; limitation on liability.— 122 (1) As used in this section, the term: 123 (e) “Streetlight provider” means the state or any of the 124 state’s officers, agencies, or instrumentalities, any political 125 subdivision as defined in s. 1.01, any public utility as defined 126 in s. 366.02(1), or any electric utility as defined in s. 127 366.02(2). 128 Section 8. For the purpose of incorporating the amendment 129 made by this act to section 366.02, Florida Statutes, in a 130 reference thereto, paragraph (e) of subsection (1) of section 131 812.145, Florida Statutes, is reenacted to read: 132 812.145 Theft of copper or other nonferrous metals.— 133 (1) As used in this section, the term: 134 (e) “Utility” means a public utility or electric utility as 135 defined in s. 366.02, or a person, firm, corporation, 136 association, or political subdivision, whether private, 137 municipal, county, or cooperative, which is engaged in the sale, 138 generation, provision, or delivery of gas, electricity, heat, 139 water, oil, sewer service, or telephone, telegraph, radio, 140 telecommunications, or communications service. The term includes 141 any person, firm, corporation, association, or political 142 subdivision, whether private, municipal, county, or cooperative, 143 which is engaged in the sale, generation, provision, or delivery 144 of gas or electricity services. 145 Section 9. For the purpose of incorporating the amendment 146 made by this act to section 366.02, Florida Statutes, in a 147 reference thereto, paragraph (a) of subsection (1) of section 148 815.061, Florida Statutes, is reenacted to read: 149 815.061 Offenses against public utilities.— 150 (1) As used in this section, the term “public utility” 151 includes: 152 (a) A public utility or electric utility as defined in s. 153 366.02. 154 Section 10. For the purpose of incorporating the amendment 155 made by this act to section 366.02, Florida Statutes, in a 156 reference thereto, subsection (10) of section 893.13, Florida 157 Statutes, is reenacted to read: 158 893.13 Prohibited acts; penalties.— 159 (10) If a person violates any provision of this chapter and 160 the violation results in a serious injury to a state or local 161 law enforcement officer as defined in s. 943.10, firefighter as 162 defined in s. 633.102, emergency medical technician as defined 163 in s. 401.23, paramedic as defined in s. 401.23, employee of a 164 public utility or an electric utility as defined in s. 366.02, 165 animal control officer as defined in s. 828.27, volunteer 166 firefighter engaged by state or local government, law 167 enforcement officer employed by the Federal Government, or any 168 other local, state, or Federal Government employee injured 169 during the course and scope of his or her employment, the person 170 commits a felony of the third degree, punishable as provided in 171 s. 775.082, s. 775.083, or s. 775.084. If the injury sustained 172 results in death or great bodily harm, the person commits a 173 felony of the second degree, punishable as provided in s. 174 775.082, s. 775.083, or s. 775.084. 175 Section 11. For the purpose of incorporating the amendment 176 made by this act to section 366.02, Florida Statutes, in a 177 reference thereto, paragraph (g) of subsection (2) of section 178 934.03, Florida Statutes, is reenacted to read: 179 934.03 Interception and disclosure of wire, oral, or 180 electronic communications prohibited.— 181 (2) 182 (g) It is lawful under this section and ss. 934.04-934.09 183 for an employee of: 184 1. An ambulance service licensed pursuant to s. 401.25, a 185 fire station employing firefighters as defined by s. 633.102, a 186 public utility, a law enforcement agency as defined by s. 187 934.02(10), or any other entity with published emergency 188 telephone numbers; 189 2. An agency operating an emergency telephone number “911” 190 system established pursuant to s. 365.171; or 191 3. The central abuse hotline operated pursuant to s. 39.201 192 193 to intercept and record incoming wire communications; however, 194 such employee may intercept and record incoming wire 195 communications on designated “911” telephone numbers and 196 published nonemergency telephone numbers staffed by trained 197 dispatchers at public safety answering points only. It is also 198 lawful for such employee to intercept and record outgoing wire 199 communications to the numbers from which such incoming wire 200 communications were placed when necessary to obtain information 201 required to provide the emergency services being requested. For 202 the purpose of this paragraph, the term “public utility” has the 203 same meaning as provided in s. 366.02 and includes a person, 204 partnership, association, or corporation now or hereafter owning 205 or operating equipment or facilities in the state for conveying 206 or transmitting messages or communications by telephone or 207 telegraph to the public for compensation. 208 Section 12. This act shall take effect July 1, 2019.